The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-05-11
THE M'FARLAND MURDER
.,- ., TRIAL"
Twenty-Seventh Day.

OF time tak0n IOf1tlIc uIaII hV uepHHeu ]
tho duty Of The jury aud himselttO de
vote even three times as much time hs VIA!
necessary TO give the prisoner q iaiE trial
Passing on tOatlle Ctse, he said TINT ~
man had % right'to take the law In lib
own hands. Perhaps Richardson ant
Mrs. NcF were Innocent Richard
son WIS a brave man wig. h4d.is 1eyote(
himself TO the services Of Ills country dur
ing the late war;. Was, he anlikcly 1nAr
TO dlRhonorably scdute IL mans Wife
Moreover, It was unlikely that Richard
son would marry his mistress; 1tien ncvei
do that, unless under tcun1ulsiOn. Nc
FurlAnd had given up Ills wife for twt
yearE u divorce Z was hld, and on li'
deatIl.bed Richardson married Mrs. Nc
Farland as a pure woman The .deI0nst
acknowledge the commission Of the decd
but say II was the deed of an insane man
In the same breath they say he was tusti
fled in slaying tho adulterGr. This Is moi
logical; they must take either stand; they
cdiinH pretend to Justify thc'aeol Of ilI
insane man. The prosecution takes It fol
granted that the prisoner Is sane man
such is tho law, us'Itlley will Ic. informed
by the Court. Without entering into thu
question Of the nature and signs Of insani'
ty. Any sensible man can decide when
man Is unsOund. M u. Al. .l...i s.l.lA
Mr.. Garvin contended that the defence
proved nothing more than intense excite
mcnt caused by the prisoners troubles
and uncomfortable impulse, this was nero
ly a passion Otanger, and could never ex'
Cusc or palliate crime. MIR. GarVin DC
MED that the cases Of Sicklcs and Cole
weretp9ralIel ones, for their 9etsswere
done sudden and under excitement, while
even they should have been convicted oI
some degree ofmurleraii uER,1r.L
The District Attorney then reviewed
the testimony showing tllat on the day oI
the shooting, McFarl1ud showed an ntt'
mats knowledge Of. Richardson's habits
and lay in wait lor him, Showing prcmedi:
tation' and design; he leaned forward
when Richardson entered, fired and made
his escape, In this proceeding arc exhib.
tied memory, and Judgement, ahd pcrcep'
ton of danger, all indicative OF sdne
mind. The defense had tried every qucs-
tiOn except murder, and had worked 10
blacken the characters Of Mrs. CALHOUN,
Mrs. Sinclair andI BIr! GFeeley an attempt
us absurd as unsustained by the eveidcnce.
Mr.. Garvin then expressed his cOnyic-
ton that tho jurors believed In Nc.
Farland's guilt, hut there might be d
doubt rs to tho degree. IIf' guilty of mur-
der, let him be hanged; i Of manslaugh-
ter, let him go To State prison. The law
must he vindicated in this case, ortherc
will be no security for life. He felt sure
the jury would decide according 10 the
evidence and their oath, ..-....t ..rr
The Recorder then addressed the jury.
"Thc acCused Is not to be convicted nor
acquitted upon the speeches Of the coun;;
sci; or convicted upon prejudice toward
the dead or living, or because tho public
poliCy may demand example; they must
COnSCientiOusly reject every tAct or cir
cuInstanee ins Tip evidence which IN their
estimation cannot Illustrate the question
ufsanity Of insanity; or Of malice or that
which does not bear upon the time, place,
mode and aCt.0f killing, state Of domestic
relations; 1t was not material for them
u ldiudicate, tho question WIS how did
the prisoner believe about them, and how
did that belief impress his mind, sanGly
Of ihsancly. The Recorder then nt0cceNIed
tochargc substantially every proposition Of
the 1c8Insel for the defense upon tlle sub
ieCt Of insanity, and continued, "if you
believe the accused armed himself with n
loaded pistol and sought Outrth6 deceaISotl
and shot him upon Etudgc or malice, In
tending 10 kill, .he Is guilty Of murder IN
the first degree; II having u loaded pistol
he shot tho deceased without intent or de-
sign u take lifG, and In the heat Of passion
then II may be either nlanslnughLar in the
third UrS i6,irtl degree" The Recorder
then charged most Of the pOtntSIskcd by
the defense; rs to tho first shooting, viz
That II cannot be taken rs CvldgnCe nl
mnliCe ttnless the prosecution Is satisfied
the shooting was felOnOus, and II the
Jury believe 1t was committed ina State0I
insanity, they arG TO discard it from their
consideration, altogether, He declined 70
CharGe thGt itle nom prosecution OF tho do
GcndGnt therefore Is strong evidence The
act was not deemed II crime at the time Of
the commission, upholling Or prostration
Of marriage relation should lAVO nOtll'
ing In do with their VettliCt, aud fourier
ism, FREQ love or sentimCntNlism on onC
hand and moral reflections upon tho con-
duct of the deceased nun or living wO'
MIN upOn the other 'hnrd, arU not lcgiti'
mately TO effect their verdict. The inHe&'
iblO rule of jurors should be that the ag'
griCvcd husband or father or relative, who
lukpS the correction pftllG wrong into lIls
6.SAIlaItt9 NTH lRlst6l pr klli6 lGsAa Is mo-
insNnG when be did the correction, is mol
to be acquitted because il is the duty Ol
any man to uphold the sanctity otthe mar
riagc tie, ufRssistcltby legal procedure
II the prisoner, took the law into his own
hands In state Of sanity and with malice
hg'lS guilty. of fstdhious killing; hfn Il
sLAtG Of insanity, hG y not guilty.
At3 o'clock the Jury retired. They re-
appeared In coUrt at 10 minutes IN o. Tie
silence Of death prevailed as they tool;
their seats, and AiCF Farland turned pale as
n sheet. The foreman finally rose To ar'
swCr the usual question, Mcfarland stand
Ing so rs to thcc thR1iury. lie trcmbled
violently and Clutcbcdl the railing beside
him Ms Il for supp6tty as the prisoner nj
the bar guilty or not guiltyY" came the
question at last. mot guilty" WIS the
answer.
The scene bcggars description The
whole audience jumped to their feet and
Checrcd us though determined 10 shake
the house To It's foundation. Men md
women sprung over the seats and strug'
glcl for the privilege Of shaking MCFar'
land by tho land. Ladies' divided their
attention bctwcc1 q Is liberated man and
his counsel, whom Fey lavished with
thanks. aUD
Mcfarland was very much affected
and little Percy, in his joy, jumped upon
him, and, waving handkerchief, lent Ills
voice to the cheering. Mcfarland soO1
after left the court room, and the crowd