The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-04-15

Love and Free Lovers on Trial-Tcs-
timony in Support of the Plea of In
sanfty-Thc Defendants Mental Con-
ditfon Previous TO the Shooting
Queer Letters, &c.
The sixth day Of the trial opened on Monday
last; and that the readers Of THE NEWS may be
able to comprehend the complicated mass Of tes-
timony adduced in behalf Of the accused, we will
give resume of the theory Of the defence as far
Us it las been developed on the trial
THE CENTRAL POINT
on which the defence turns is, that Mcfarland
was not responsible being when he shot Rich
ardson, aud surrounding this central point is the
theory that there was preconcerteu scheme on
| the part Of the friends OF Richardson, 1rst, TO
| ALLEVIATE tile affections OF Mrs. Mcfarland from
her husband, and then, by persistent persecution,
to drive Mcfarland to q lunatlc asylum or tie
| grave, in order that Richardson might possess
Mrs. Mcfarland in safety. TO sustain this theory,
the defence have alleged, and claim that they will
| prove that as early as the summer OF 1860, Mrs.
| Calhoun, while with Mrs. Mcfarland at the White
| Mountains, began to implant In her mind the
seeds OF alienation from her husband, and in
duced her to lend hospitablc ear to the doctrine
Of the free lovers; that Mrs Calhoun succeeded In
| inspiring Mrs. Mct arland With hunger for social
distinction and enjoyment beyond what Mr.. Nc
| Farland, in his then impoverished condition,
could crafty; that this led to Mrs. Mcfarland's
| she became intimate with Richardson who sy M
pathized with her social ambition; that Mrs. Cal
| houn and Richardson got an engagement !or ner
| at the Winter Garden Theatre, where she appear
ed under the name OF Miss Gushing; that she fed
| from her home TO the house OF Samuel sinclair,
| No. s Washington Place, where she aud Richard
| son occupied adjoining rooms without any uoor
/ bntu EDlrfteU
| away McFarland's children, and that Richardson
supplied the funds 20 contest the legal proceed
ings which Mcfarland brought to recover them;
that Richardson insured his life for the
benefit Of Mrs. Mcfarland; that Mcfarland
| became unsettled in mind, wes stricken down by
| fever, and came so near death that the conspra.
tors supposed they had got rid of him, but that
less-hearted man, with ruined constitution anu
| shattered mind; that while in that state he, on
the 10th day OF March, 1867, intercepted the letter
| from Richardson to his wife, which was read 70
the Jury on Friday last; that that letter still
! further unsettled his mind; that his subsequent
struggles TO regain his claldren, the sneers and
taunts Of Richardson, the Indiana divorce OF MIS-.
| Mcfarland, and the common report that she was
| soon to marry Richardson, deepened his malady,
drove him to distraction, and finally resulted In
| the homicide on the 25th day OF November, 1869.
| has already hcen shown that insanity Is hcredi-
| tary in McFarland's family. and that his first
cousin died in the Lunatic Asylum on Blackwell's
Island in 1S4I.
TIE ASToR HOUSE MARRIAGE.
Another, aud in some respects the most inter-
esting point In the defence IS, that Richardson's 3
death was fastened by what is known as the
Astor House marriage anu other Astor House eX
elements, and that, as legal consequence
Mcfarland is not responsible for his dying IL that
precise time. as charged In the indictment. Under
this point the whole course OF treatment to which
Richardson was subjected after he was shot, In
Guiding the marriage ceremony al the Astor
House. will uc putt evidence.
how TIE CASE WAS WORKED uP.
The defence claim to lie exceedingly strong In
the preparation Of their case. Messrs Graham
and Spencer say that in the whole range Of their
professional experience they never knew another
case so well prepared as thls and they give The
Whole credit Of lis preparation TO Mr. Gerry. lie
has worked on IL assiduOusly from the day of Nc
FarlGnd's Indictment, and 1t IS claimed that he
has brought it out to perfection: he has not lot
has money enough. There are probably Few law
yers in America who, oil things considered, are as
well or as Mr.. Gerry. His library alone ls worth
tlon are also strong in professional knowledge
and natural ability. The District Attorney is
veteran. Judge Davis has been retained TO sat-
isfy the friends Of Richardson, anu he Is man
OF great legal powers. The contest between him
and Mr.. Graham wakes hotter every day, and 1t
bids fair TO become forensic CONFLICT OF uneXan-
pied bitterness.
Sixth Day.
trial.
The testimony for the defence was very impor-
tant and almost wholly directed 10 prove the con-
ditlon of McEarand's mind for months prior to tile
commission OF the deed, and Immediately previous
thereto, going down to an hour or TWO before the
fatal shot was fired. The evidence was very care
fully introduced, was given with great effect upon
the audience, and must have impressed the jury
strongly. 1t was shown that Mcfarland was
dismissed from his employment In the United
States appraisers office, because he was lncapa-
ble by reason OF his alienation OF mind, OF giving
proper attention TO his regular duties; that from
The spriug of 1857, when these domestic troubles
commenced, they so occupied his mind that he
could talk OF scarcely anything else ana dwelt
upon his grier5 so constantly, that he could not
sleep more than two or three hours In The night;
intimate friends testified to the gradually fail.
ing condition OF his h0d y health, and more par.
ticularly his mental Powers, from tne lime iils
trouble commenced until 1t eliminated In the
wOuudng Of Rlclartlson; II was Shown that he
walked tile streets ut night for months in the
most incelncnt weather, apparently glad 10 i'nd
even |; policeman into whose ear lie could pour
the tale Of his sOrrOws, and this portion OF the
testimony was brought down 10 the early morn
ing hours OF the day ON which the shooting took
place; the declarations OF Richardson-wh.ch
were alluded to in the opening address OF Mr..
Spencer-werc put In e"ideuce and were to tie
effect that Mrs. Mcfarland was "a lovely, luscious
wOmau,' whom lie tRichardson) could not help
loving and that when divorce was obtained
her. Evidence was introduced TO show the
insanity Of Francis Mcfarland, cousin OF
Daniel, for Two years before his death, and that
he was SO Violent at times as 10 require restraint.
Policemen U:Brien testified that he saw the pris-
Uner at about noon on The day the homicide took
place. Prisoner said TO lin, "0'Brlcn, did you
hear the news? That rulllan, Richardson has
married my wife. and taken her and my children
away. He has even changed the name Of my
dear boy, Danny" Prisoner appeared quite dis
tracted, and would not talk about anything save
the wrongs OF his family. lie would frequently
threaten 10 kill himself. On another occasion
witness said 10 him, "Mac, If was you, would
not bother with that woman;' and lie replied,
.'Uh, O'Brlen you don't know how have suf-
lered.n On another occasion Mcfarland told him
that he had been offered $4,000 and O consulate
to give up his wife. and he twitnessl sad "Mac,
you are fol; Id give up such woman for
lo.Goo cents" but the prisoner replied, 81 would
not give up my children for Consulate to tile
Court Of Heaven" At this point the court adj
journed until Tuesday.
seventh Day.
On Tuesday the defence made an effort 10 intro
duce evidence that Mrs. Mcfarland acted under
the In nucrce OF Richardson, that he was the whole
cause OF the alienation OF Mrs. Mcfarland from
her husband, and that in the prosecution Of tho
suit for the recovery Of his children, Mcfarland
had to fight, not his wife, bat Richardson; but
the court ruled out the evidence as inadmissble.
Edward i. Phillips, member OF the Roston
bar testified: He hau been retained By MIS-. Nc