The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-28
THE MCFARLAND TRIAL.
srrTEENTH DIY or THE tribune
FREE-LOVE MURDER CASE.

among tje Free Loverr-John Graham
Pays n Deserved Compliment to Mr..
Grcclcy-The shade OF Mrs. Mcfarland
in the Corridors.
The leading feature OF the scene before the
opeuins OF the trial yesterday morning. was Mr.
spenccr's appearance under the shadow cast upon
him by his apologize letter to the Independent
The general feeling was that Mr.. Spencer had com.
mtted fatal error in writing that letter. Mr..
Bpencer himself seemed TO be overwhelmed with
a similar conviction He did not take q seat with
his associates, but sat apart, In gloomy isolation
oliver johnson, one Of tAe editors OF the Iadepend.
enL came into the room, aud, leaning upon the rail
ing which separates the auditorium from the BAR
fazcd with exultation upon MIR. Spencer, as he sat
gloomly apart from his associates.
rnE FEAST OF THE rREE-LovERs.
Messrs. Graham and Gerry, though too mindful OF
professional etiquette to say anything on the sub
iect. showed by their manner that they felt mex.
pressibly Indignant at Mr.. Spencer for what they
eons cred Ills betrayal OF that portion Of the case
which it was in his power to affect They turned
their backs upon him. without vouchsaing to him
the least sign OF recognition. Soon after the recess
Oliver johnson returned 10 company with Mr..
samuel Sinclair, who ialso appeared to be feast
Ing his soul upon Mr.. spcncers humiliation.
RxnoRsE, RExoRsr.
Mrs. Mcfarland fitted past the New Court House
10 the anteroom OF the District Attorneys once,
where the rebutting witnesses for the prosecution
had been ordered 70 assemble. She was dressed In
deep mourning. and looked thin, haggard, careworn
and poignanty unhappy. Nearly every trace Of
beauty has disappeared from her face; plumpnoss
has gone from her form, and elasticity from her
step. She lie simply tho melancholy wreck Of the
woman that fascinated Richardson to his death.
HORACE GREELEY MAKES SENSATION.
The great sensation Of the day was the appe ar.
nnce upon the scene Of the Hon. ace Greeley It
was Immediately buzzed through the room that be
had been subpGnaed for the prosecution, and the
fact that he lad come bodily to the room was
taken as conclusive evidence that tile defence were
on their last witness, aud that the prosecution
would speedily open their rebuttal Mr. Greeley
was an object Of afectionse admiration TO the spec
tators, and when he was shown into the ladies'
circle and took seat in close proximity to the hand
soonest Girl 10 the audience, every one seemed TO
feel that lie at last had ocular demonstration OF
the eternal fitness OF things.
The interest In Mr.. Greeley was greatly enhanced
by the report which was circulated through the audi
enee that his deadly Tribune shot at the Canada
divorce business" OF the Times had disrupted the
editorial household OF that unfortunate Journal and
sent Its Canadian editor into retirement The story
run that the said Canadian editor, terrified by the
lunse made by Mr.. Greeley at the Canadian di.
vorce BUSINESS" had insisted that the TyDAs should
cease its atacSs the TTbuRes free love proclivi.
ties; that fierce internecine arose In the
7Ge, once on The subject that the publisher u the
Time swore he'd have tie scalrs OF all the tribune
peoule, no matter what the equences mi hit be
and that the Canadian editor had resigned in order
nat The IrtoLHss fire might not be again directed
At the " Canada divorce business" toward which he
sustains personal and tender relations
hed by tie whispering sudltor. who di.sg, ,e
ana the remark made by an enthusiastic Re.
publican ,ss earm.n that Horace is an awful teller
uoyersal powers.
Testimony Of DR.. Owens.
The nrst witness called Was Mr. Owens a nirbt
wstchman at the Tombs, who testified to Mr. Ne
tarlsnd's seeplessness, This witness having been
tsoo.ei Of Dr. Hammond's examination was re-
Testimony OF DR.. william A. Hammond.
Dr. Hammond said that domes tic uni ppiness was
one OF the most frequent causes o. insanity. He
bad seen over 4oooo insane persons, and had had go
iunates as his own private patients; He was salts.
ned nom all the testimony which he had read, and
irom his own personal exam OF the prisoner
mat he must have been lnboring under o. OF men
tai alteration when he shot richardson. DIR. Hlu.
mond was subjected to q searching. able, and pro-
longed eranina alton by Mr.. Davis, TIE chief
result OF which was TO develop tile doctors pro.
found knowledge OF mental and nervous diseases
and kindred topics He seemed 10 be a vast Pacific
Ocean OF knowledge on these subjects. and Mr.
Davis labored In rain to mud a shoal SCOT In him
AZ the close OF Dr.. Hammond's examination, Mr.
THE DEFENCE RESTS
IT your Honor please, rest the case for TIE de-
hnc.e." tSensatonl
The District Attorney at once arose and called out
"MR. GREELEY
win Mr.. Greeley please take the stand -
dead silence struck the audience which was
ioon broken by the sound OF a weknown footstep
and Mr. Greeley was seen approaching the witness
land Tue clerk swore the wit ess on n Catholic
Bible, and Mr.. Greeley then sat down a. n caDacons
armchair, aud confronted the District Attorney with
tsniling countenance when the following CONVEX
sation took place between those two distinguished
gentlemen
o.-where do you re,idep ANY home is at Chap.
NJ. Gerry-Louder, Mr.; Greeley, II you please we
o.-You have been here for how louR2 A.-Sea Iy 20
,Q-A.e you acquainted with the prisoner Daniel Nc.
mi saw HIN winter OF is, and sss il TING misni
during the Winter OF 1871 'N''"'''1 WIN mn
JOHN GRAHAM AT Tgg GATE.
Mr.. GrahanlI object that not In rebuttal. want
e p poGs .ae b c9a 70 aSw
log the winter Of & after this sspsfsiion We oa as
sume he is sane the defence proceeds the us
oSsarrsd a. yarIoa. tlne. after his separation
Mr. Graham-ioar Honor Is not 10 be caught In any
The court-I don propose to be-
Mr. Graham proceeded TO argue that the defence
were entitled to know the character OF the coryer.
u Introduce proof; the prosecution could now 60
Into nothing Which would constitute a part OF their
ori:inal case. The case OF tie People against Nc.
leod which has been authority for 25 years, holds
that IN repcatory cases the part OF the prosecu-
ton, the prosecution shall be held 10 the strict line
Of tebutal ana can do nothing more than demolsh
the case OF the defence. This conversation cannot
now BIO Introduced unless tie barriers OF the law
Tor No protection OF defendant are broken down.
, lle Court said that the question put by tho Dis.
MET Attorney seemed
ENTIRELY COMPETENT
The trI1ccut!on could no; have foreseen the
'.'' "l '.r de ence. From the line OF examination
lui-L'd DIS Tie prisoner's counsel II onld seem 10
W le'. uI-. that the killing in the Tfibgne Office
Vas not nc result OF de Iteration ana agiu, that
We deceased died from the ineniciency of his sur.
t,DnH ana q ~ his mind was 80 exercised 10 su-
pellntuyg death.
ht 1r nl-But your Honor ruled all that out
,lNt ''ltf- Again. toe defence OF insanity arising
mnl Two seq alnte causes Is nteTposcd Tins Vrosecu.
w 'hluu, m Ms Weldon, eonnncd itself TO the
mere g. LIih'ahce OF the lnlui and that was their
~ GtieAce had under takcu ~ show the ante
80, INC pIi.oner fof tIrty years, from his blrtd
St"',l Nh 10 the present time, with a degree
I, m hN,elbs the Court had never before
t.,NH, aul hat shOw1 tho character OF the
~ .hi ron tie year 1900 ny one witness and anoh,
ne ana IL seemed 10 the Court entirely proper
~ ,A no, cniun III uld b. permitted 70 show at
w., ~ NMt act On the part Of the pr which
Nttl 4" AHla-pnsm 10 the belief OF the defence, for
Gy Iosay whether the prisoner was insane, judging
Htu Al Ilg clrCu stances.
1a