The New York herald., 1869-12-16
TIE MCFARLAND D.von GE CASE.

TIE MCFARLAND DIVORCE CASE
How and Why IL wus Obtained In Indiana--
Statement of tho Evidence By Iier Attorney
Testimony in Mrs. AIcFarland's Possession
Not Used.
indianapolis December 13) correspondence Cncin.
uau Cotamerciai.l
rHs LEGALITY or TAE MfAxLAND DIVORCES
Is beyond question. Taere was notaing irregular IN
proceellngs in tms pace. The process Was
STRICTLY according 10 LAW IL Was calied curing
saa nsas seaIor a s,usG coui S ts as ire.
queiIy boon done IN cases Of different char.
acler. II was held IN the courtroom aIter
the community so disposed 10 1e present Inere
was notning tnat could be construed Into viola
ton OF law. The high character ol the bench aud
bar IorDds the lmputatlon- Judge Woo!en is u man
OF clever legal Htanents anu undoa0ted Integrity.
No hlsner la their pro iession tnan Messis.
HARRISON aud surrey. The former gentleman Is
kenJucky repuolican, by WHICH " may be under
stoYd that ae Is jealous partisan; The latter
presiaenI unu recencly oil tns Democratic Central
UomlnlIlee ol dorsan countf Both are men OF
sbllty aid mo. al WORTH lhey have very exclusive
practice III tnis and The adJuiuing countless
These genllemea nnderiooA MIS-. kichardsons
case upon Inc recommendation OF Mf. Aloert u.
Porter and Mr. Aaughey, or indianapolis. ana treated
Ger win consideration and respect rhrougaout AL
the case his H0nor Judge Wooien and attorneys
acted IN good iaith oe.ieving MRS. kicnarosoas
cause TO be Just Iaey Viii rest in that CONVICTION
untu facts snall be proved 10 tae contrary.
MIR. Harrison has kindly furnished me with q
statement OF Ine case anu the evidence thereof
winch l have tine pleasure OF supinlttins " your
readers. IL more explicit lnaA rSpOIt Ol tne
evAence, and worthy of careful perussl Dy the gene
In lnc part Of the testimony which relates to Mr..
Mcfarland tnrowln2 tulnDlers at has wic's mead,
Mr. Hanlson omitted TO say tlat when rem !nonstraled
with for thus act, Dy her father, ne eicfarland
rather TOOK credit to niuiself not hitting
sue dodged ner hsad, and did or could not sse any
srArEMEEr by MIS-. M.FAgLAYD's LAWYER.
MAITIssvILLE, AoRGAs COUNTY, nd,
| lam now, ana have been for twenty yeafs past
I'M Anil ~ "a Islw
| Asrtinsvile during al tlas tlme being nay home
since the spring OF 1868, W. $. surrey, has
sn gHsn 1s DAY pAai'l oi August, lsas, Mrs. - AoSy
L. McFa land called al our ocs TO have SUIT brought
against her nsuand, DaAiel Mcr arand ior divorce.
was not on taat DAY at nome gu. on returning
home next day Iound TIE names OF the PARTIES anu
statement OF iacts upon our oice case docket. On
otn day Oh August, ioo9, We prepared petition
for divorce alleging as causes Ia accordance with
| the statement, the DRUNKENNESS OF Mcfarland, his
cruelty TO ana auu5e OF LIS we, Ills IaliIre to pro-
vide nls ner two cHlirea with The comforts
oil Ile &C., and praying Tor divorce and the custody
Haging sa,isiea myself that Daniel Mcfarland
| was not resident OF Indiana. put oi New York,
made aau el with the peition I'm the once OF the
Clerk OF the Morgan Common Pleas Courc aiiida-
| VT OF his non.re6idcncy, ana procured rom the
Clerk notice ol The ming and pendeucy OF tae petl-
| tion which published la the Morgan County
gazette, a weekly newspaper oil general circulation,
published III MartinssIie l0r tnrse weeks, as re-
quirea by our slaptte Waicn was extended over
or Two weaSs gJrs Mc taTland, villa .icr youngest
Guild she rlrst called upon us, resided III the
Tne case was prepared for the October term, 1862
OF our court oegan On tle first Aoniay OF the
month. In ietuer received from Mrs. Mcrarland
| aoOuJ the date oi The COMMENCEMENT OF the term
sns ~, ns su mas y Se as us as gpoh s .ne
Cauiornla travelling Win ar ColIaxs party, anu
tnat tns lazy could no. reach here untii about the
middle The second wees OF our court, aud that
she would be unable TO retain this lady
longer tnaa few hours. Tle ,Ss case e was set set
| during the first week spoke TO the Judge,
Thomas w. Wooen and had the case postponed
| and set for trial on evening OF the second week
| aud noLl1ea MRS acFarand OF the lime nxed. fho
| only passenger train tlen running here came TO
our place III tue ailernoon ana returned Ia the
Before the day fixed for trial we had made proof
OF The publication the OF suit. During the
afternoon OF the dsY SCI for trial Mrs. Mcfarland
Ars Ca.noun and tie father OF AIRS. Mcfariand Mr.
sage havlng Win lncn the youngest child called al
our oaice where short conference was had In re-
Sqae Messrs A. q. for,sr and Tnomas A. Hanghey, of
INDIANAPOLIS were Regarded as important wine sses
| aud we tnen learned by Telegram that they mad
missed toe tram, Dug would cOne by carriage anj
arrive bs eight O'Clock L. NJ. we derermneu 10
| delay the ria rs late as we could 10 enable Us to
| introduce MI Porter and hr. Haughey who we
account s Of pressing engagements at home. fney
were late arriving, however that the trial had
i eir. sage was tile uTst witness and testified, In
substance that his daugnter, himself and his family
| mad been deceived by nicFafland before the mar
riage; that lie represented himself 10 De man OF
some means and lawyer in profitable practice IN
| hllssour, which turned out 10 bo untrue; hat he
was strictly temperate, when In fact he was m
| eDrlaLe that ne had failed to support his
| VIE, and mad thrown his vile and cailnren
| upon him Tor eighteen months or two years
1 within the first nve years Of her marriage
i and until his circumstances rendered him
unable logger TO malntaln them; that daring the
peled To board and clotRe his daughter aud her ch
pay Their medical Dlils, &C.. and during part OF
| months mad supported Mcfarland also; tnat the
| only property or means no mad ever known Mcfar.
1 "a. .,.ts nfCrn IN cx,siR
| winch he squandered shortly after the mar .age;
that Mctarland was given TO outcurss of passion,
induence nad repsatedly broken up tas Ii.
| tie furniture possessed by his wife, anf
Se ns oG msge s o@a osSaaSas sss, 9rs
wife's head crushing them upon the wal, sand
frequently cursed and tonguelashed his Wife, that
removed 90 Wisconsin, but after living out West
| short time removed to New ork cisy; that Tor
time after going to New York city they boarded az
respectable boarding houses, but seemed to ge.
along hadly-cnanged boarding houses frequently,
grade; tia. his daughter ept much Of her oohaltion
and suffering conceaied from HIN and hls family
and for a time before, the separation hardly cor
responded at ali With him or Dls family; that his
friends and Others TO encourage Mcfarland to do
oetIer, procured hun q position In The Provost
and behaved badly that he was soon turned
out Of IT, That again they procured for MN
position In the Appraisers Department at tue
New York Custom House. but ON account OF his
habits he soon lost tile places that his daugh-
and her ohildren' and that Mcfarland squanaered
much OF her earnings, so that a. times she was
almost reduced Deggary. Ho further stated that
during the wnole time ne mad never known or heard
OF Mcfarland being connected with any case or
business In court. or Of hs having any proiSrabe
employment except with the Provost Marshal and
appraiser ~ above stated, and that daring much
OF the time no was nervous. nsOrose and irritaOe
also that McFarlands vile had left him in February
or March, 1851 and rad shortly afterw arda removed
20 Indianapolis.
Mrs Calhoun testified that she had known Mrs,
Mcfarland s0me tour years; that from their Irst
acqaaintalce a strong attachment had grown up be-
tween them; that found from the arss ner con.
dtion vely pltlabe; that she nad much dIi-
Guilty ia keeping herself anu children within the
pale OF rcspectaDity that Mcfarland had no nleaus
and no occupation, and was greatly dsslpated tnat
sna Procured for Mrs. Mcfarland empoyment as