The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-07
FROM NEW YORK.
The Mcfarland Trial.

X, e. u L
O'Clock A. NJ, great crowd being present. The
prisoner preserved the same calm and composure
that have marked his demeanor since the beginning
of the trial Upon the Recorder taking mis- seat the
jury roll was called, the twelve answering to their
names. The District Attorney, Mr.. Garvin, then
proceeded to open the case on the part OF the
people. -..
county like New York has very solemn and respon-
sibe duties devolving upon him in cases like the
present. He has double duty to perform-to the
prisoner and to the people. That responsibility
would be too heavy for any man to bea1 were 1t not
that finally the case is given to the jury, who would
have to pass upon the facts, taking the law from
sanction Of all wise and thinking men. The jury
institution was the best 1t was, the grandest safe
guard OF the liberties and rights OF the people With
the decision Of the jury all would be satisfied,
whether it were ADVERSE to the prisoner or the
people. Their decision should be such one as they
could afterwards look back upon with calm salts
faction.
The Court will charge them that If man pre-
mitatedly takes the life of another he is guilty The
facts he expected to show were that the 25th of
November the prisoner stood in the Tribune office,
lying in wait Tor somebody Wnen klcnardson came
Richardson to his grave. For days after the shoot
log Richardson fingered on in agony unth on the I'd
OF December he yielded up his spirit Unless the
prisoner can show that he justified In his act he
was guilty OF murder in the nrst degree, and such
under these circumstances should be the verdict or
the jury.
Judge Davis had been selected by him to assist
him in trying the case. He conceived that the Import
ance of the case demanded that he should have the
aid Of an eminent lawyer to represent the people,
when three distinguished counsel appeared for the
prisoner With the composition OF the jury ne was en-
tirey satisfied and he doubted not that their verdict
would be in strict accordance with the dictates of
truth and justice, and such as would satisfy the
community
Mr. Graham said there are certain witnesses in
the court, and this is case in which the court may
exercise its Judgment to whether or not they
shall be allowed all to remain or only one to be here
at a time. He asked that witnesses grouped together
the part OF the prosecution should not be allowed
to remain In court while any one of their number
was being examined. This refers only to those wit
nesses for the prosecution who profess TO have
Judge Garvin said he had no objection, and or
dered all witnesses for the prosecution to retire
| except the first one to be called,
The first witness examined was George M. King
He testified that he resided In Jersey, and on the
25th OF November last was employed at the Iribuns
oiice; was acquainted with deceased and prisoner
saw Mcfarland at the office that day, ABOUT niteen
b after six ne ns%ss a. eee S
| Richardson entered and came towards the
desk; the first he knew OF the the shoot shoot
| McFarand's arm and hand over his shoulder.
Richardson was about four feet off, asking the clerk
for his mail; Richardson then went out OF the crowd,
into the office, aud lost sight OF both parte
did not see Mcfarland go out; previous 10 the nrng
was Leaning OF mpo ON on Se he ugsS UsS
| towards the door, as If expecting somebody; saw
| pistol in McFarands hand at the time OF nrlng
| Richardson after being shot, went up 10 the edlto-
| rial rooms.
Cross examined A diagram of the publica
ton ONCE of the Tribune exhibited TO witness by
Mr. Graham, and he indicated the position occupied
respectively by himself deceased and the prisoner
| at the time OF the shooting.
He stated that Richardson was accustomed, Wnen
| in town, TO come down for his mail did not re-
member whether it was dusk when ne hrsC saw
Mcfarland, as the gas was lighted he had seer
Richardson on the day before and on the preceding
Sunday; did not remember seeing piece OF paper
| before Mcfarland; witness spoke TO him
| could not say that he had not seen thC
piece Of paper before the prisoner
on the desk; Mcfarland was in the habit OF coming
| TO the ofice; was familiar with the place, ana wa
allowed to go behind the counter when ne pleased
similar privilege would not be accorded 10
stranger; Mcfarland was dressed In black clothes
he had on allow round-top hat had not seen since
the occurrence the piece OF paper used by Mctaano
that day; know nothing or such paper having DeeI
subsequently destroyed: did not see the pisto
| in Richardson's hand was aware that he had ar
| rived; could notremember having seen Richardson
make any motion that indicated an intention TO u.s.
weapon saw Richardson's pistol afterwards az IN
Astor House; never heard Richardson boast OF nj
skill with the pistol there In the 1rtbnne ONO
at the time Mr.. Frohman, Mr.. E: j. Carver MI
Jerome, and Mr.. David Watson; there was also
| gentleman In the once that he did not know.
who was examining a file OF the Tribune; say
that gentleman subsequently several times at IN
Office spoke TO him once; could swear posltlVel
! that the pistol in McFarlands hanc Was nred; al