New-York tribune., 1870-04-15
THE MCFARLAND TRIAL.
NINTH DAY.

O'REILLY, AND PETER GllLESPIE'
The same crowd and the same for the larger
part vain struggle to gain admission which has chaac-
,erzed the preceding days OF the Mcfarland trial.
NOT unobservcd yesterday AS the trial progresses the
interest in IL does not 10 abate in the least the
courtroom yesterday being more than comfortably hhed
while the hall leading TO 1t crowded with persons
anxious gain admitance but few of whom succeeded
in 90 doing There several ladies In the audience
Mr. Mcfarland came in early, as usual accompanied by
Percy Tie counsel both sides were also in their
places early and at II o'clock promptly the Court was
opened Recorder Hacbett on the Bench.
The first wtnes. called Dr. Egbcrt Guernsey, who
was examined by Mr.. Geuy
TESTIMONY or DR. GUERNSEY
lam practicng physician, and have been for several
years; know Daniel Mcfarland, having Deen MIRO
duced 10 him by Mr. John A. Cleveland.
O. On the first occasion you saw him did you observe
ANYTHING in his appearancel a. think noticed Wild
look haggard look he appeared to me TO be laborng
under great excitement met him in his brothers store
the pupil Of his eye contracted this was IN the ia
ter part OF August, 1869.
O. Did you observe anything in regard TO his ookl A.
He looked as though he had been Suffering good deal;
shook hands with him his hand was cammy and cold;
also felt his pulse; it very excited; II was about
llO the pulse ruscmbcd what would get in typhoid
fever dcIium tremens the impression that got at
that time as medical man, was that he then was III
good deal OF nervous excitement and that he was on the
verge OF typhoid cycr he said he had not been able to
sleep for several shs and dat lie should take some
morphine; he also said that he had taken enough
bromide Of potassium TO swim in gave him prescrp-
tiOn-a powerful narcotic
O. Was lis appearance this occasion different from
What it had been when you had previously seen himl A.
Very decidedly; there indications Of approaching
disease-plysical well mental; asked him If he
could control his Will power sufficiently to produce
sleep; he said, cannot control i'll cannot close my
eyes"
Cruss-cxamined by Judge Davis-I examined Lin pro-
fessonally last August at his brothers request.
@ On q lat occasion you examined his pulse a. Yes,
Sir took hold Of his hand renarking in the first place.
am sorry to fud You looking badly" he said, al
have not been able to sleep for several nights; exam
iued his pulse; found quick; held his hand down on
Tie counter and counted the pulse for minute then
said Let me look at your tongue; il was such tongue
get in nervous diseases lie unable to fix his
eye upon me except for short timei he was little
inolnedt talk; to the conclusion that there
disease OF the BRAIN
Q. Did you come TO the conclusion that there
listing insanity A. think did came to no very def
mite imTre sion, hut my impression that this man
in such condition that the lghtest mental excite
ncnt would completely upset him; 1 should say there
was existing insanity.
@ Was there any other indication Of insanity than you
would have found in a approaching typhoid feyer
a. think there
@. Was there any difference in his appearance from
what YOU would expect to find in man approaching
dclirium trcmens2 A. I DO not think there was; L
should pronounce him in state Of partial delrium,
perhaps not wholly insane but that his brain so
affected not to be responsible for what he did 1
thought there congestion OF the brain the medicine
] gave him to calm him; did not give him any
thing intended to relieve a disease of the brain; gavo
him 30 pills; have not seen him since until l saw him
here.
Redirect examination by Mr. GeTy-Q Are the symp-
toms which You have mentioned, and which you say
would be indicative Of approaching delrim trenensap
phcable TO anYotLericause A. Applicable to unusual
mental anxiety we often meet persons who have had
great mental excitemen. in sucha condition
TESTIMONY OF DR. JAMES o'ROURKE.
Iama physician, and have been for years, 80 OF |
which have passed in this city, am acquainted with
Daniel Mcfarland having first met him in 1868; he was
then Commissioner Of Enrolment renein Der seeing
him IN November last think about one or two days
before this shooting; met him the corner OF Bond
st. and the Bowery DR.. Clark cas- with me Hir Nc
Fariand was coming toward us In Bond-st, and DIT.
Clark noticing him. said What is the matter with him
lie looks cIaZy. he looks wild had no conversation
with him. hut it an unnatural appearance; re-
marked that he looked from 20 to 100 per cent betterthan
usual which think attributable TO his being clean
shaved and rather dressed up.
O. Do you remember his calling upon youin September
last A. do
o. DID he allude 10 his domestic troubles 2 A Yes,
sir alway he also spoke Of his inability to Sleep and of
his taking morphine he said he took about gram every
three hosrs; told him that it would kill him.
To Ir Davi-I quite sure that IT was In November
when saw him; when saw him in September last |
wrote prescription for him.
O. Had he the appearance at that time OF person VINO
had taken too much morphine A II he had not tod
NE that ne had been taking should not nave known
il: It!nkif had inyes gated his case closely could
have tod IL: did not see tie eheels oi opo III MS
system.
O How long can man take that amount Of morphine
without t killing himl A. He may be educated TO take
IL for many years the prescription gave him was quiet
ipg did not investigate his "a would that OF one
of nv raticnts; gave him the prescription as much to
81 lid Of lin a. for any other purpose; do not renem-
IN nTs,ibng Tor Lin since that lime; would not as
physician say tat he was usne; he was not sane on
he subject Of hi, domestic troubles.
@ Did you al that ime think or 90 you nov, in 70
mind was diseased man may nave, as IaT as We koS'
perfectly healthy brain ana st nave diseased m @ HlII s1
O. Could there Doctor III your lHdsmeht pe any sum
,ing a. insanity without weakening OF the bain A.
know what he does and yeno organic Change take pace
TESTIMONY OF DIR. PATEGCRJ J. CLARK.
Dr. Patrick ]. Clark the next witness called. He
was examined by Mr.. Gerry:
lam practcing physician, and am acquainted with
the prisoner; saw him Ia October last In company with
Dr. O'Rourlc; met him near Bond-st; was looking
nm the street and saw Mcfarland coming along and his
manner Of walking his style OF moving the muscles of
s face and the general twtcbng Of his face, as he
was speaking to HIMSELF conveyed the idea that some,
Thing very wrong existed asked how he was; he said
me did not feel very Wel he had not slept good be
looked though he was under some mental auAlety;
arrived al the conclusion that If he committed any act at
tat time be was not responsible for H. there was no N
Ci, alton OF his being under ne influence OF hIuor AT He
time Trec1gi-od symptoms kGre seen IN insane people
{asf before cOiphi,ftiHG St'tCide or murder -
n, Nr Dayi.-O When do yOu recOllect case in which
the marty committed a crime suicide in q hOusf A.
think il was Mrs. Dean Who killed her mother about
O. You saw her within "a houIsl A. saw her within
one or two DAYS --t
tivy insane il was periodical insanity when she was