The New York herald., 1870-04-09
The Opening for the Defence.

The Opening for the Defence.
When the Recorder took his seat the court room
was crowded to its utmost capacity, every foot OF
standing room being occupied. AT precisely eleven
O'Clock Mr.. Spencer rose to open the case for the
defence He spoke in loud, clear tone OF voice.
and at once fixed the undivided attention Of his
audience. He spoke as foltows:-
MR.. SPENCER OPENING.
Mr.. Spencer, rising amid profound silence, said-
May IL please the Court and gentlemen OF the jury,
rise 10 open tins the par. Of the defendant
to me friend oil many years as well as client to-
day. / rise with the most solemn anc profound ana
painful consciousness OF the important and re-
sponsibile duty am 10 perform. But undertake
tn1S solemn duty with an unfaitertng and steadtast
confidence that when this defence shall have ended
this defendant will he by you vindIcated and ac-
quilted earnestly pray that shall be able clearly
and well to fulfill my office. stand here un0er the
solemn oatn OF q member OF the bar with warm,
personal feryent affection Tor this defendant In the
presence not only OF this court this Jury and this
audience but IN that OF the civilized world to recIe
10 you story Of humble DirEh, OF struggling youth
OF man overtaken and wrecked by the unholy,
reckless passion Of bad bold ibertIne-Of SEN
sltlye MIND by wrongs accumulated-of q wlfe-se.
ducer-a child robber-on the the wing OF bullet
sent into eternity by the hand OF the husband and
the father wronged In moment one OF the great
waves OF q sea OF trouble bore away my clients
reason, and i respectfully and earnestly ask
you, gentlemen oil the jury appeal TO you,
gentlemen citizens, husbands. fathers brothers-
so as that, with patient attention, you listen
TO me and hear me 10 the end, with a deep,
solemn appreciation OF your own pOsluon, OF
the sacredness and happeness OF your own honors
and OF the tremendous responsibility oi your
action in this important case--lmpOrtant to the
defendant and to the community. And pray that
the Divine Creator holds all in the hollow or
HIS hand, guide you TO the end Alright. You have
listened In this case TO the opening OF The learned
District Attorney. You have listened TO the testi-
mony that has been adduced on the part OF this
prosecution. and feel 1t my duty at the beginning
to make so few illusions 10 tins gentleman who 81
wOrtnlly ably occupies the position OF District
torney He has called 10 his aid disting ushed gen
tieman at one time within very few votes
DuJ Two OF three votes-o1 beng the choice OF the
Legislature Of this State for the Senate OF the
United states Counsel then alluded Tn compliment
tary terms 10 ex-Judge DAVIS, but submitted to
the jury That the prosecution had no right TO intro
into the case the assistance oi private counsel
Mr.. Spencer conunuea:-The Ulstrict Attorney IN
his opening made an appeal to you III reference To
The discharge Oi your duty aud he spoke OF your
dying hour, which the all-wise Providence has de-
creed sooner or iaCer shall come to us all. and ne
hour you laied to co your duty TO the
people. Gentlemen, that dying hour shall
come and ] answer that remark OF the Dis
trlct Attorney Dy SAVING. Beware lest III that
dying hour you VIII be obliged 70 reflect that With
out sufficient evidence you have sent into eternity
Of your fellow citizens or having In moment OF
irresistible impulse, uncontrolled by reason been
urged w send into eternity man that mad trans
gressed that commandment OF mat God 10 whom In
That dying hOur yon will have to look that God Tho
has issued That mandate Thou shalt not commit
adultery"
Gentlemen OF the jury, the evidence on the
part OF the prosecution in this case is not voiu-
lshed that this prosecution should nave ended so
soon> The first thing that wish to call
TO Is the na no nss ht
that ne heard Mr. Mcfarland, at the time OF THIS
homicide, say word when he was In the office.
More than that, witness observed The complexion
or expression Of his COuntenance or Of his eye Is
might have been OF considerable assistance to us In
the solution of the questions which shall presently
nresent TO YOU to nave known something with refer
The expression OF his eye. There Is another
tning witch has somew hat surprised the counsel for
fsnnf ntf a onGa fr
the counting room OF the tribune and Tor some
menis previous TO this homicide tins man was en-
gagged in scribbliRg inconerently upon piece OF
paper And ii tnat paper could be produced it would
afford strong evidence Of the unsound condition, 0
his mind at that time. But In some mysterious way
that paper has disappeared, and, gentlemen OF the
Jury we shall probably be obliged to try this case
without the knowledge OF It's contents. But thi;
prosecution, during its progress did present to yor
4 piece OF testimony that on q former occasion Mr.
Mcfarland, having gone INTO the tribune, to the
door OF Snciair's private office, Mr. Richardson was
there ana he turned away. lie waited till he came
out and, mark me, AZ Richardson came out he cas-
MS eye the witness said over his shoulder towards
Mr. Mcfarland. can imagine the expression OF tina
eye-and right mere at the outset / may mentor
tiiat thinking OF II last evening, looked over th'
writings OF Joanna Bailey, who reminded mi
strongly OF tue conduct OF the triumphant libertlnt
m ,his case, looking over his shoulder toward.
Mcfarland. That Is the whole story
Hell hath no greater torment for the accursed
asa s's snd dp 81 na,h pssae ssss
Oh the sids glance OF that detesed eye;
ihat conscious smile; that full insuitng lip
II touches every nerve; 1t makes me mad
Gentlemen Of the jury, we also learned from TINS
prosecution before 1t ended, Satisfactorily enough
that RIchardson went armed and we shall ma Dy
and by that Tor many month before ne
WAS apprehensIve OF that fate which ne de-
served. He mad insured his life Tor the benefit
OF the wife OF my Client and to-day she rioting on
the proceeds or the insurance. will now, gentle
men, enter as briefly as can upon the ex position Of
J the deleDce In this case. and will IN single sen
iends II As 5aattsst stats Ybat ills. a. iie time
| Richardson was pistolled by Daniel Mctai .a..a
Danlei Mcfarland was not responsible for his action
whether III the eye OF God or under the laws OF
| NAN. The constitution OF the mind Is diffcult
| and complex. IL Is problem that by man has
never tten fully solved. Inat we shall be able Ia
sustain The propositions have enumerated do not