The New York herald., 1870-04-08


me, me- and / nred; turned Instantly and recognized
Daniel Mcfarland as the person In whose hand
saw saw .ao b,ss pistol; at the .ms saw the pistol
tnat saw MN at the outside OF the counter with
was should Judge wtni" tosr o. ro or i've feet from
me- after the pistol was fired Richardson went out
lnrouga the north door In Nassau street, az the time
OF the nrlng Richardson asking the clerk, Daniel
Froman, for his mail; Richardson alter the shot was
nred went out at the north door on Nassau street,
ana that was the last saw OF him TIL the evening;
after the firing saw Mcfarland outside the couater.
acrowd came into Inc otiice aud then lost sight
q. How long did Mcfarland stay In the once after
the firing OF the pstols A. didn't see anything OF
him; he got Outside aud whether ne crossed over
the counter went outside through the gate can-
not say; when the pistol was fired ne was behind the
counter; Mcfarland had been there about ten min
utes before the firing; the time OF the firing no
was in leaning posltion-leaning forward over the
desk before that he had his hands placed 10 nus face
and leaning forward as II looking for some one.
(rhe latter part OF the answer was struck from the
front OF him winch commanded view OF ali the
entrance doors from the street: after the nring
weSs out afs y hs acs anS os1 sa
q. il understand you me prisoner stayed inside
O., And Richardson came up outside the counter
q. Aud inquired for lettesss A. Yes.
| q. Aud the prisoner reached his arm over you and
| hrpds 4. Yes. -
would rather near the witness testify than DIS
! trict Attorney sum up
Y. DO yoa know where Richardson went aftsr
the firing? A. lie went to the editorial room on the
| fourth floor; didn't go 60 up there. ere.x
Q. how near was the pistol 70 R,ohardsons s body
when II was hreds A. Probably between three ana
| 1our feet; about that distance.
s a9 a. Ss sna Win ses rSssa e
hs A. Almost facing him directly, partially side
9. lad Richardson got through speaking to Fro.
man before the firing or was ne still speaking To bims
Cross xalnined-(Couns for defence here pro.
AsranA 1ton ~ fha nfAunA Af
ouae ofice. which he made the witness explain
before the ary The counter Is about four feet hign
tnore IS sash the top OF the desk; the desk IS
about inches above the Level OF the counter; the
and becomes parallel with spruce street. before the
! pistol was fired Richardson was about eight feet
@ when Se red the Shot; Richardson V was about one
! foot inside the counter; when In town Mr.. Richard
son was accustomed to come 70 the % counting room
| dive and half feet from Richardson; Mr. Froman
was at another and different desk; Froman was
mail; il Was not Very dark When the shooting oc-
Cured; did not him enter; 1t was dusk; the gas
lghted; did not look at the clock 70 see wnat
| time it was when he came In; guessed the time;
looked at the clock after the shooting almost lmme
saw Richardson the day previous TO the shooting.
and on the Sunday previous; DID not see piece or
paper before Mcfarland on the Gesx M Spoke , 70 aim
my recollection; saw Mcfarland often come into
the O1ce; he was familiar with the place; no one
ever stopped HIM going about behind the coqnIer;
! stranger would not have been SO allowed; he was
0n can't say whether 1t was an overcoat or not;
he had on low round drcrSn crowned hat; t;a don't
n don't remember @ @ where drst saw him; there waa
paper on the desk be was az; no one, Unless known
to W. aIowsa q Use she desk have not hear heard la
shooting as Mfits been desroyed; the whole AFFAIR
~ Sa9 oad he sSSS 3 %Sse ap ngsn
cy; am not able to separate the component parts
oil the whole affair; didn't notice where the pistol
didn't see him draw pistol; can't recolect
whether he made any movement as II to draw pts.
tol; saw Richardson's pistol at the Asror House
after the shooting; 1t was six xshooter; 1t was on
the mantelpece IN his room; DON'T know how it got
him when he was up stairs In the Tribune office;
l never heard Richardson boast Of betng a good
Shooting there we're aessrs Froman
Carver, Giraud and Watson; don't remember any
Others; the report Of tue pistol was not very oaa
what louder than the explosion OF percussion cap;
there was person IN the office when the shooting
occurred whom I did not know; he stood nearer
Spruce street than Richardson; he stood little IN
front of him. about TWO feet of; don't know who
trial; he was stranger to everybody in the ONCE;
saw him the next day and spoke TO MIN; didn't ask
then; don't know where lie Is; can swear that tho
pistol in McFariands hand was fred; first knew that
got out Of the counter: can't stale definitely that the
explosion heard came from what supposed was
what IS saw In hts hand was pistol; gave no alarm,
nor was there any given that Know OF when the
SHOOT ing TOOK place; neard hlcnarGsoh MaSe NO
going III; ! was not so astounded that lost my
presence OF MIND; heard and saw as Well as If
was not under some excitement
Jur0r-There was not more than one shot,
Q. Do you know anything Of Mr.: Richardson hay-
Ing Ing arms IN his possession except from what'you
9. You don't know Of his having 9 pistols A: No:
@. You don't know that the pistol at the Astor
House belonged to him A. 1 DO not.
q. did not hear you say dlstinctly what time OF
the day the occurrence took place. A. About fifteen
BY the District Attorney-Q Did understand You
"a the e a
the gas lights.
TO Mr. Davis-The light extinsuished was almost
| BY the District Attorney-Q. How far over the
counters A. About three and q half or four feet
| A. No, SIR; 1t came down from above.
BY aJuror-Dld he 90 oy the Spruce street door to
q. In what direction did he gos A.. cannot say;
the crowd came into the ol,ce; dld not see whether
Recross examination-Q. He could not have gone
over the counter without your having seen him1 A.
He might have gone over the counter without my
q. Now. if yon were in the possession q Your
faculties why didn't you ca for assistanceg How do
you explain fact that you did not call OneY
You have named fve or six men there who could
have him a. Now cs1d not nave
such remissnessa A. was looking at Mr.. Richard
sun.
Q. Tell the jury how did this happen, unless 1t was
that you were so excited as not TO De sep0Ssessed
Ut the times A. ] was under some excitement at
the time.
@. That will account for it9 A. should think 80.
q. Did you see Mcfarland as soon as he came
| from behind the counterf A. No; did not see him
come In.
Q. When you first went there did you see hims A.
did not.
Q. You think 1t was fifteen minutes past FIVE
| o'cfOck-hOw do you know? A. looked at the
clock Immediately after the shot was fired.
INN UQ a n U.gaN
minutes past 1ve.
q. Can you state where the pistol is to-days A.
| cannot.
BY the District Attorney-Q. Did you see him up
stairsP A. No, Sir.
TESTIMONY OF DANIEL FROMAN.
Daniel FrOman, examined by the District Att0r-
| ney:-Q. Where are you engaged n0ws A. In the
Tribune ONCE.
@. Were you engaged there In November lasts
| A