The New York herald., 1870-04-19
THR M'FARLAND TRIAL.
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Additional Testimony as to the
Insanity Of the Accused.
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Inside View Of the Life Of McFar-
land and Mrs. Mcfarland at
- Amity Street.
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The Tempter Invades the Privacy Of the
Home Of the Wife and Mother.
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Rulings of the Court on the
Testimony.
MES zN CoU = =

the prooress of this trial 10 its present stage must
leave an impression the minds OF those who have
listened day by day to the vast volume OF evidence
that the counsel for the prisoner have shown no
small degree patient skill and labor IN the prepa
ration OF their case. But not alone has much
minute attention been given TO the task OF
accumulating q popderous of testimony.
An equally careful study has been addressed
to the work OF making 1t tell upon the minds
OF the Jury. No chance has been lost where eX.
cepIion might be IaSeu 10 thelrung OF the Recorder
TO rouse the sympathleS OF those VINO ultimately
decide tie question AT issue. Between the pro-
securion and The defence, While neither can be ac-
cussed OF apathy, there the one notable difference
In favor the latter tnat they possess keener and
quicker instinct Tor seizng those features OF legal
techncaties that tell best thelr behalf ana also
Tor an earnestness OF manner tnat makes IN some
instances an excellent substitute FOR argument.
PROSECUTION AND DEFENCE CoNrRAsTED.
The prosecution can hardly be said to have made
point in all their lengthy cross examination. The
snarp and sometimes savage aiertness shown by the
defence has been nowhere exhibited by the other
SIDE 1t cannot be SAID OF the prosecution tnat a
spirit OF bounding down the prisoner urges them
onward. Judge Garvin and Judge Davis nave filed
their parts with mild zeal and dignity. Anything
else could do extra service to their side. The
by-play and dramatic eocut;on OF the defence are
Immemorlal aids employed IL criminal cases, where
the human senses and sympathies OF jury are
likely TO be touched through such insrrument2ity.
ABOUT TIE RECORDER.
AS regards the Court II Is no eXaggeration to say
that Recorder HacSett, when All the circumstances
are taken into account has sieered between oppos-
ing counsel and held the scales OF equity between
the cause OF the people and the prisoner with re-
markaple degree OF eycnness. His decisions in
every instance have been given with clearness
and promptirude which the general listening public
In the court have not been slow to appreciate.
An instance OF this occurred yesterday, when the
counsel for the defence sought an answer from a
witness named Nicholson in relation to an informal
will made by Richardson on his death bed. the
Court overruling the adnsslbility Of the question:
the leading counsel for the defence made vigor-
g Gus appeal, half argument and han decla-
nation. against the decision. The appeal
was a long ana stirring one, and those
who were unaware OF the peculiar ability ana
character Of the Recorder thought 1t was lmpossi-
bic he could resist the logic and el0qucnce OF the
delence but the decision was sustained in twink
Ing and supported by a short, apt and clear quota
tton from commentary OF Cnief Justice Bigeow' ).
The Recorder may relied TO give this trial the
most impartial hearing and also TO sustain with
dignity and decorum the proceedings oil this event
ful case.
AUpIEScE AND WITNESSES
It is hardly necessary TO say that the crowd was
nowise diminished in numbers from what it has
been since the trial began. Ihe noticeable feature
xbont tho audience is the wrapt, silent attention
which they give the testimony, even though tt be
over and over again the same old story Judging
from the fact that four or nVe OF tnc
last witnesses examined yesterday had no questions
put to them about McFarand's irratonality, 1t
was generally presumed the defence has ceased
to call In more testimony that particular head.
The amount already piled up IS surely enough for
an one Jury. Attach OF the Tribune office were
briefly examined, bpt proved nothing OF special
Importance beyond the fact tnat Richardson owned
pistol Thomas Knox saw pistol with him IN
Denver, Col. and also Siberia, several years ago.
This, OF course. was immateriai.
A WITNESS WHO KNEW MRS. RICHARDSON, BUT
DIDN'T KNOW MRS. M'FARLASD.
The witness Nicholson caused a sensation and
made Charley Spencer open ms eyes as wide as
saucer by saving ne never saw Mrs. Mcfarland. but
tnat he did Mrs Richardson. The distinction
was accepted as the one unanimously made bv tn e
philosophers male and female, Oh the Tribune Office.
DISAPPOINTED CURIOSITY.
When the name or Mrs. owen Mcfarland was
called there was a general strainlng OF necks to see
her appearance, as more than half the people
present jumped to the conclusion 1t was the lady
VINO 0p,lres most extensively IN the trial Curiosity
was disappointed when the witness announced her
Iuil name and relationship TO tne prisoner. Mrs.
owen Mcfarland, married to brother OF DanIe
Mcfarland, proved changed, distressed and dis
tracsed manner the part OF the prisoner after the
events occurred concerning his wife's intimacy with
Richardson. The witness was dressed deep
mourning, and delivered her evidence with calm
ness and precision
THE PRINcIPAL WITNESS OF THE DAY.
The witness who OF all otuera underwent the most
minute examination py the defence, and whose tcs-
tmony was listened 70 With the greatest anG most
eager interest, was Mrs. Mary Mason, the last VIII
ness produced yesterday, and whose further evil
dence VIII occupy Tue attention OF the court Tor
some time To-day. She was too much agltated on
taxing the witness stand TO the questions put
10 her, but recovered herself III lev moments,
and told pam, unvarnisaed tale Of all she knew
about Albert ID. Richardson ann Abby Sage McFar-
land. Her testimony, as Will be seen, throws the
principal light yet produced upon the manner and
method by which the nearer intimacy OF Mrs. McFar-
land and Richardson WAS brought about, and the
curious plans foot for accomplishing the
sharp ana sudden swapping OF the tie that bound the
woman 10 her iawiui husband.