The New York herald., 1870-04-08

TOW Ot tdCVS ~ tne taDicS Wuolo thc oOsASoD "eAo
seated.
MISSING PiECE OF PAPER
During tho oross-eyamination OF tho witnesses,
the counsel for the oe ence showed an extraordi-
nary anxiety 60 learn the tate OF "a certain piece OF
papern which the clerks from the tribune once,
who were sworn, denied all knowledge or ana
whch-.he counsels question would seem u indi-
cate-may form a very important part OF the
mater al evidence IN the case Wnat the piece OF
paper' was which the counsel peiteVe, or ahect 20
believe was destroyed by some OF the Tribune folks
after Mcfarland che night OF the shooting had
written few words upon It, Is as yet a mystery.
Opening of District Attorney Garviu for tho
Prosecution.
District ttorney Garvin, in opening the case for
che prosecution, said:--
If THE COURT PLEAsE-The prosecuting ofllcer for
a county ike the city OF New York has many solemn
and important responsibilities devolved upon him
IN cases OF the character OF the one which you are
about TO try He Is not only required to perform his
duty to the people. but he has also duty to per-
form to the prisoner, who Is arraigned for
the crime charged in the indictment, and
In performing that duty It would weigh upon
him with crushing weight, and there would
hardly be q man found sufficiently strong, either
mentally or physically, TO stand up under such Cir
cunstances were not for the fact that all others
regard to cases OF this description arc finally submit
ted to jury OF twelve men to pass upon The prose-
cutting oicer Is also aided by the mpartal,ty or the
court which sits to decide between him on the one
side, representing the people. ana the prisoner on
the other In regard 70 all questions Of law which are
presented for consideration during the discussion
and tho develoements Of evidence which finally
gsntlensh Of the jury. l am thankful 70
say the rule N this country ls and
determine: on all questions Of law, whatever they
may be- the Jury are 10 take them from the Courf,
and by tne direction and decision OF the Court the
jury are 10 De governed On guesuons OF that de-
mil,sterins law, perhaps, copl not be conceived.
has the sanction anu @pprobaticp Of every man who
reflects at all upon lie. liberty and properly, as we
Of Coming down to tweyo men is not
is the great and conservative power by which
pre- presersedplain men, edncatsd menmen Of high S
character and men IN the ordinary walks Of life
senting all the interests and feelings ana the various
powers OF the human mind-those engaged In COM
mon and ordinary empoyments and whoever may
be drawn by accident to sit upon questions and 70
9S een Hss vs. sbs sS Ss as SE ss
gaton shall be developed that this man the prls.
onerl mad good legal reason why he should lake
the life OF Albert D. Richardson on the 25th OF No.
vcmber 1858. and tnat this jury shall come to the
conclusion, alter careful examination OF this case,
that he ought In fairness TO be acquitted. ! not
only say that 1t would give me great pleasure to see
TINS man IS acquitted and that he goes forth free.
6fess OF this investigation that he had no good
reason for taxing the lie or Albert d. Richardson, it
case and pfonoiHcs such verdict as will not only
satisfy your own conSc.:eences now but Will satisfy
your consclences when the time comes foF You to
you shall say, lin that case In that great case
wnere was sworn as Juror, one Of the twelve
consclentousy, fairly, honestly, courageously and
nprlghty, and with It l, looking into the eternal
becomes my duty not only to state to you the
principles OF law which govern IN this case, but
also ry 70 % q the leading facts
tated design s taxes IN me life s Of anotSsr Without
the rst degree and must stand respon
sinle Side =. Tor M en- the be- act ,,! ne has performed: In
shall show you that tie 25th OF November, 1869,
In the city Of New York IN the ONCE OF the Tribune,
the prisoner at the time mentioned, stood waiting
for the coming Of some one; that while he stood
there peerug out, Albert D. Richardson entered AS
he came up and inquired for his mail this prisoner
the fatal shot which carried Albert d. Richardson
into eternity. Now, gentlemen from that day Albert
.. Richardson lived and fingered In agony until the
ed day Of December 1850, when he yielded up his
Now, gentlemen, IL at the time when the prisoner
did that act he knew what he was dong and he laid
IN wait for this man and deliberately performed that
act tnenn the eve OF the law s murder, and MUIR
excuse IS it. ana and % your verdict I must be We verdict Of
gaity. II. however, the accused shows legal reason
why he did this act then he Is to be acquitted, and
your verdict will be not guilty.
THE DISTRICT ATTORNEY FEELS THE IMPORTANCE OF
Now gentlemen of he iurs 9rsh in the preparation of
this case have felt the importance OF the public
interests committed to my charge. have dclioer-
that case In which three counsel were employed on
the other siue all able mentally ana physically that
into case Of Il sSs description, wv witch S might % last
number Of days. without having associated with me
some man Of high attainments. who, II by accident
or any other cause should be unable to 20 through
with the case, could aid and assist me IN the
case, and take my place to the close Il necessary.
Davs-a resident Of this city-a man OF character,
ability and standing. and with him, before we get
only On ss PAX the
say viii be content with the case as we shall pre-.
HOW THE CASE Is TO BE PRESENTED.
the case to you on the evidence, carefully truth.
on o ss ssse y n you sa Sc @ sn
hear It through. And when you are Though shall
% y .a psss s
nifty. but viii satisfy your own consclences when
that hour shall come which snail Try and test every
man OF us.
THE COMPOSITION OF THE JURY.
| am glad to see. gentlemen Of the jury that we
and L am am glad % to % see among you men Who are
fathers, and am also glad TO see that we have
young men on the jury, 80 nat all classes OF men In
the community are represented, 80 that when we
get through with the case and you have rendered
your verdict with that verdict shall not only have
reason to be content but every man in the commu-
nifty shall not only have reason to be content, but to
be glad at the result Every mans mouth will be
closed and the result Will be proclaimed 10 the world
the verdict OF conscientious jury Of twelve men,
VINO mad listened patiently. earnestly and honestly
TO the case and delivered such verdict as to their
consclences seemed right and jdst
EXCLUSION OF WITNESSES FOR THE PROSECUTION.
Counsel for the defence, addressing the court, said
that In reference to the witnesses who claim to have
been present, some three or four in number, he
would move that they he directed to leave the court
room while any one OF them should be on the stand.
This was matter within the discretion OF the court,
and in this case ought to be exercised.
Judge Garvin-If the order be issued II would
apply to the witnesses on both sides.
The Court TO defendants counseDo you desire IL
TO have general applications
C0unsel-No; only to those particular witnesses for
the prosecution. Any objection to this shows how
4Aa hNAAa ASvNN.s hA