Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1870-05-18
For the Freeman.
The Mcfarland Verdict.

IUc MCEdfIdnu verdict.
I" Once when l were on a jury" says Col
Crockett in the old almanac, {" the Who'll
'leren were asin me- They were for con
victim man because he kilt pesky Injun
stepped out and showed em my thumb
nail, and says L, whosoever is for convictin
man becase he kilt pesky Injun, mus
take kere ofmy thumb-nail' When said thi
they seed | was right, and they brought il
their verdict that he kilt the Injun, an i
served him right.
And so John Graham steps ont before ;
New York jury, and, quoting from lady
letter words of the kindest sympathy ant
encouragement, and Of sound counsel to .
friend who had asked advice in her extreme
misfortune, and torturing these words o
sympathy into some horrid 50 conspiracy
against the happiness of an innocent man
ezclaims, " What could be worse than that ?
whereupon the twelve find upon their oaths
that Mcfarland killed Richardson and was
justified therein. That is the plain English
of the verdict, for even Mr.. Graham did not
pretend to the public or the jury that the
plea of insanity was anything but pretext
g for the purposes of this trial.
And yet the insanity theory contained
more truth than Mr.. John Graham or any
one of his twelve jurymen probably supposed.
An ungovernable bic temper, partly hereditary,
and stimulated by drink, having had full
sway over the mans own soul, and to a Ger
tain extent over the members of his house.
hold, had made Mr.. Mcfarland at times so
nearly madman as to render it quite proba.
Bile that upon the subject Of his domestic
troebles he could not reason correctly. |
have therefore no special fault to find with
the verdict, but am rather glad that he has
escaped the :" barbarous penalty Of barbl-
rous law" Butl write the rather to plead for
the same verdict from the public in favor of
the wife, who, as is evident from her own
statement, cOrroborated by the testimony in
the case, and by the admissions of Mr..
Mcfarland in his Manchester letter, was
compelled to either escape in some way the
torment of his tyranny and his society or
lie down and die.
The habit of dissipation may be more
misfortune than a crime, on the part of Mr.
Mcfarland, being moved thereto by power
full impulse-perhaps too powerful for him
to resist; but to insist that any other person
beside himself shall be compelled to suffer
in SO great a measure the evil consequences
of that dissipation, he has no right. | hold
that whenever, from any cause, the marriage
relation becomes intolerable to either Of the
parties to it, it is not only the privilege, but
the duty of that party, to discontinue the
connection. And that it had become so to
Mrs. Mcfarland is evident from all. the cir
cumstanccs of the case That she made a
mistake in receiving the attentions of Mr..
Richardson soon after the separation. is
freely admitted and yet it is the most nat
ural thing in the world that whoever came
with words of sympathy and offers of assist
ance should be made welcome. And that the
heart of this woman, after its long inpris-
onment, should have "gone out to him as
freely as the river flows toward the sea-" is
no marvel to those who have hearts of their
own.
That Mr.. Richardson was also in fault in
the same particular, he said himself in his
published letter to Mr.. Browne, but that he
was guilty of foul conspiracy, as assumed
by Mr.. Graham, or that ne ever trampled
upon the rights Of Mr.. Mcfarland, does not
appear in the testimony, or in any known
circumstance connected with the case. Even
the - intercepted letter =" is capable of an
honorable Interpretation, and in cOnsidera-
tion of the previous character and reputation
of the man, the most favorable Interpretation
of a questionable act should be granted him.
1t is said to be an ill wind that blows no
good and even this sad tragedy seems to
have accomplished one desirable object in the
conversion Of Horace Greeley from the Phar-
isaism with which he treated the subject of
'' marriage and divorce in his famous dis
cussion with Robert Dale Owen, wherein he
held tenaciously to the doctrine which he
now bravely condemns, that a mans title to
his wife % cannot be alicnated by abuse any
more than if she were horse or a dog, -
compelling him to admit that there may be
more than one reason why the marriage rela-
tion should, in certain cases, be discontinued.
Mr.. Greeley has long been one of my saints,
and | rejoice to sec him adopting, upon this
vexed question of divorce, the same generous
and humane views which he holds upon al
most all subjects W.