, 1870-05-07
the M'FARlAhD CASE.
nIr. Graham's Closing Speech for
the Defence.
Judge Davis Retires from the
Prosecution.

Epce3aI DcEpatch to The Chscago TFibunc.
NEW YoRK, Nay 6--Tne courtroom was dcnselE
crowded long before the opening TO hear the sum-
ming up for the defence Of Mcfarland Judge
Davis has retired from the prosecution, and will
not sum up, as was expected. Full reasons for his
retirement az not yet known, hut ute supposed to
Spring from professional Jealousy. The frtends oi
Judge Gn1rln, District Attorney, have been
anxious to exclude Davis and have GarEtn sum
up alone. Davis told q friend, this morning, that
his self-respect would not R}o him to remain
longer where there was 80 much tl-feelfug, and
he wunld explain the whole particulars as soon as
the case Is over His retirement elates tue friends
Of the prsoner, and increases their confidence Of
an acqu,tta1 Graham Will, probably, occupy ali
Of Monday to finish his plea, In which he cites
many legal authorities. and goes carefully over au
the evidence offered on the trial
ITO the Associated Prees.l ..
SEW YoRE. Nav GLThe announcement that the
counsel for the defence would sum up :to-1aE at
tracted m immense thrOnE to the courtroom this
reasops unInoTnto to the public, Judge Davis would
not up for the prosecution. ana tnas nls con
nectton With The case WIS thus rlEtual5 endeu. 81
This 1umor caused much sensation among tue
friends OF Richardson, and 1t W2S unhes1t2tin-!J
asscr1eti that outside Influences had been brought
to bear to preclude Judge Davis from summing up.
~ "s'7 ~ an. GRAuAHs srxMHG UP.
When the Recorder had taken his seat, the
closing speech anil bresthlcss silence. Mr. Gla-
ham said that for ycars the prisoner had borne the
ptless pcl1Dg OF misfortune and wrong. and no"
he had at last found refuge in court Of Justice.
He loved, not wisely, but too well. The stoE5 Ct
| his woes rnust have gone TO the depths Of their
Gcou,d nave done me les, and ought lit not to have
done mo,ef" The allegation Of the prosecution WIS
not that the Individual who had passed to
his fate had net merited his doom. but that, how
erer righteous had been that doom, he received tt
at the hands OF an unauthorized agtn.. The ques-
| Of Tic accused when The deed was committed
There were tWo incidents IN the thai well worthy
o6s ri e
lection OF three Jurors who happened to be coun.
u!!nen Of The prisoner: These men were good
ther nna sii EXCLUSION ' sT tie I bisfriet Attorney
was utterly indefensible- The Jury would
it Fourie11te establishment that Mcfarland Was
living at :" Who inspired the question: We're
they to conclude that this wicked woman had be-
Other questions By the pirate counsel proved that
malice was At The back Of the prosecution. Cap
faised At eVe15 point When It was sought %
tie proceeds q tne Insurance On RishaFdson's
| prisoner was prevented from show,ne
the motives Of this wicked woman, IN deserving
her husband i was charged tnat tne ae!e1ss t,. ~
l complaint that the uiM was Mohotonona. Whlcn
Was made in all the papers, sufficiently dlsproved
| the iqTy that this was case Of murder or moth
| ing. Any such comprpmise as sending the prison.
70 The state Prison would be violation Of their
taneti doubt Of the sanity Of the prisoner, theJ
| were bound to acqutt him.
Mr. Graham's plea for the prisoner has been al
| most entirely deToted thus far to the legal md
technical questions involved in the case, the chief
importance being given to the insanity theory Of
oicIai reports q pre1ious Cases EeFe cited, By
which III. Graham maintained the principles which
would jns1ify the acqaittal Of The prisoner had
discussion Of the different yarities Of insanity,
claiming that II the prisoner was found insane at
81 and mnf hs Tas Re' 1oa
cited the Cole,Hiscock case IS counterpart Of
this, and the sskiss.keyes . = sase, pairing : high
sets, IN which chiei Justice shaw
ssssa se LIZ IL ne n nat xs9ee s q
Iell1genee, and will to be morally account
allie for his acts Nj. Graham eaid II Mcfarland
not nave chosen more inauspIcions place than
him.
The counsel, thus far in argument, has not com-
mented on the relations between Richardson aud
Mcfarland, the alleged conspiracy to separate Nc
OF SpFncerB opening speech.
The case will he resumed on Monday.
LETTER FROM MRS x'rAK1Asp TO HER HrsBASD.
The following letter was read IN the McFa Fariand
! M1scnEz1ES. 1 M Nor. q, 1sse.--Ny darling hus-
hand: received rour letter OF yesterday, to-day.
Why Is it, that get your letters SO coon and you
| am very particular about mailing them, and Jet
they are 90 long reaching you received the
tyenty dollars eneloss @ III sha gvs mother az
shall order bonnet. I sha1l TT to get one you
would inc, and most always suit you, donf I ?
l has not arrived I will tonight and H{u
all anxiety to see what my dear husband has sent
as new M pFoof q hls M ioye to me. shall doubt
impression. feel quite worried about your cold !;
do every time 5ou write me, although it Is quite
WnIeI W1sh you woud 70 oG1us to 9n D
Guernsey; he Is gentleman Of intelligence, and
certainly has more experience in colds than you
have Mi'l yeu' as personal favor to me, 60 and
things, either 50 On little tip out to
else shall come on and nurse you. This taking
vet sheet by yourself, without come one to tuck
yon up in bed, Is rnin0us You will tell me exactly
shall fee1 very anxious Il you a1c not frank with
me- was deeply affected by your letter, and all
yon said aoont or nisondeIstaaainga vas very
me TO think that, in the nidst Of 80 much anxiety
you have been suffering, yon should have had these
a9ea aad saaM sS t aas gesF M
/ separation would hare taught me- IND ali my
philosophy tried to the utmost to support the
Thought OF so long IN absence from you You
don't KNOW how many lonely hours spend, how
much wor1y about jon, and how much regret
| lnat! ever was perrerse or obstinate It Is In
no each other wrung often. That Is the baue Of nil
sove a9a direction, the imoossi otltty Of perfect
unae.stanalng; but there arc always atonements
| become forgotten, or so well forgiven that 1t is
hardly remembered Don't mistrus: my affection,
aud believe lore Jon dearly. a thousand times
! more so, than two gears ago, ana you vii male
me happy: WHse ;H ne particularly, cxsct,y, when
you receive hls- II = mailed At quarter to s,
cold. won't you, or shall be very uneasy, foHr
loving wife, ABnf McFAa1ANp-