The New York herald., 1870-04-08

Ue wen IOunueu, mere upon StflcL lbsu0s
and that is-whether Albert D. Richardson went TO
the bar OF eternal ana omniposent justice AZ the
time appointed Tor him by The unlawful ACT as tney
say-th0ueh lcontend innocent act-of the man ann
defending at the bar Of this court. That is the only
issue We are here 70 meet Why do hey Shrink fromis
The District Attorney blew horn to this Jury,
the intended effect or which we Will countcryaii.
He said to them, ~ an the counsel OF this prison.
jury box two OF the countrymen or the accused
men VINO pest understood ana knew the nature OF
better than any other member OF that honorable
body. And now when say 70 HIM, You charge
OF the deceased man, but want to show you there
are other causes he meets me with another tech
nica!y aud says that IL part OF your case and you
cannot ret IL in till the proper time comes" My
answer 10 this is:-Your indictment alleges that
Daniel Mcfarland alone Killed this man; nc alone was
the the death OF deceased lhavea right mere.
at this tie to throw back tnat charge and 70 satisfy
this Court jury that the wicked orgies witnessed
on that OCCASION when this mans soul should have
gone re evel OF all past impurities to the bar OF hs
Creator were enacted tor the sole purpose Of salts
yng the appetite for his property without consider
ing ior moment the amount OF SIN Win wn.cn nIs
eternal and unmistakeable justice. II Dr. Beecher
Or Or. pr. Frotniagham mad done his duty narc0s-
nsious, blasphemous ana desocrattng ceremony.
Tnat man, sal, was not In condition 10 choose
acknowledge before the bar OF eternal usce that be-
fore he left this earthly sphere he had contracted with
a comparatively senscess man Tor the pun pose Of
heaping an accursed ceremony upon him, ana in
they 90 onu covctsd not right for e % snow
that thus man was starved TO deaths Cap not
tended ten and unprovidsd with tnose medicir es and
pal are ks 70 Sss sssunSs ag RaR s or
thsy uspsd TINS mans
s ss a m when 81 N ss:
ss'Ts was hs sas osSss & IL do Il I
ceased your Honor, under y0yg oate, bound
,s5sa, ss 'ss q TO- 20 dGSs 4y ns ane!s pr0ss ssa;
part Of the case is free from all doubt ana submit
am entitled to pass 5ae on ~ ior ts
passed through from the time ne was drst takca
in charge by the witness till tue time Of hts fnai
District Attorney-we OBJECT to the testimony as
entirely improper. =.
they can, that Richardson came to his death other.
wise than by q gunshot wound. 1t Is competentt 70
msnt orr or the ss' attendants through Negligence
tended TO superlnduce death. Tne cause OF
to have been q gunslot wound. The defence must
further sh0w-and accepting IN good faish, as
cused as understand 1t Is proposed to be SHOWN by
him-that the marriage ceremony occurred ae tue
Mcsarand and tnss the excitement snpsrinduced
by that marriage added to the want OF skill superin'
duced what otherwise would not nave occurred;
Couusel-We do not attack the skill or the physi.
clans. That ne was attended by the best medical
talent In the world we c0ncede
EXamlnatOn resumed.
At this tune q double daguerreotype case contain.
ing the hkenesses OF lady and gentleman, was
them but was not allowed to state who they were.
Mr.. Brown. Mr.. Knox, Mrs. Sage ana daughter OF
h ana Of pT naI be naa seem the
rs. McFariandl since tnen the peritonitis set In
about the third day. the approximate cause OF Kcn
immediate cause pertonltis that Is 70 say innam-
nation Of the covering ra Of ts Inc bowels .nsir
OBJECTION TAKEN TO THE INDICTMENT.
Counsel for the prisoner having read the iudiot-
menl. said:-The point l wish to MAKE Is thus: The
prosecution are bound to prove what Is IN the dict
ent strictly; that they are bound 70 SHOW that the
the Indictment was The pistol shot he received at the
hands OF this prisoner; and I submit to the Court
me-and your Honor has ruled against me on their
objection-to fill the immediate interval Of time
have been properly developed after the framing Of
this Indictment | can illustrate the matter better
n Se sen s q r. IT,
illness s0me one had represented to him that his
mother was dead; taas sae swas M a. Tue nnie @ sue
representation, he was thrown INTO state ef grief
that accelerated his DEATH why would not be ent.-
tied TO stiow tnats Supposng in case sucn an an
nouncement was brought to bear upon his mind.
am l not emitted to snow what have already
suggested: because what could have been more
| ing, and, in view Of eternity, when ne went to
meet his Maker, than to decide whether ,aar-
than by refusing to marry herr What more
fearful problem could nave been put to hts
The irredeenaDle sin OF tnat man as he now remains
in the world has been tho result Of this oias
@ VINO knows what Judgment the Eternal Bar has rem.
dered In reference to this man himseify Have not
right to show that this fearful problem was pre-.
| could not have been Submitted than that
| TO this man-with view to argue to this
Jury that although they may reindlct him
| they cannot convict him under this inoictmenti
mean to insist that TINS jury nave got 20 nd that thus
from the effect OF this injury, from which he
deavored be saved BY the best medical treatment
shall ask your Honor TO charge that II they accele-
rated this mans death by any act that he died be.
fore the he would have died In the usual course
whcn sy Sa ssn n to eer
he nevertheless did not DIE as aye1red IN
tns indictment Inasr which the prisoner s TO 20
point therefore, Is thls-that !he manner OF death
being left in doubt by the proof not coming up to the
averment IN the Indictment the Court is bound 70
instruct the jury as matter OF law that shis part OF
the cannot be left In doubt by the prosecution.
that he came to violent death by some one. That
is the corpus deFscti They have got to show such
saasn snso as cause sss rsaaes % therefore,
s, that sns Court instruct the jury that
| that this averment Is strictly true and
that the deceased came by his dgHth through the
| listed that Important element OF the case, and
therefore the prisoner was entitled to an acqulital
The Cours-l think there Is sufficient to 20 to ttc
| jury.
Mr. spencer-Tae conclusion Of the prosecution at
would respectfully ask your Honor 70 defer until the
me to conclude to DAY.
the Court--Could you conclude in au hours
| Mr.. Spencer-N0, sir.
! The Uours-We have yet an hour before four
| O'Clock.
Mr Spencer-In case. sir, OF this importance the
opening or counsel Is q matter OF considerable
| nection and preparation, and not expecting shat
this case on the part OF the prosecution would be
rested to-day have not brought my notes with me.
| and respectfully ask your Honor as q matter OF
personal courtesy to me to defer further proceed
| ings until tomorrow.
| The Court-Permit me to ask how long have you
| been III the Casef
Mr. Spencer-Long enough to tell the whole
story.
The District Attorney said he mad received such
ktndness from the ether side IN every way that ho
had no objections to an adjournment
1 ~