The New York herald., 1870-04-05
MPARLAND ON TRIAL.
The Ordeal in the Present-.-The
Agony in the Past.
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The Accused in Court, and at His Side
Little Percy, His Son.
Unprecedented Interest Manifested to
Witness the Proceedings.
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APPEARANCE OF THE PRISONER.
C0mmotiOn In the Court Room Difficult.
ties in Empanelling Jury-''The
Herald Head Lines.'
APPEARANCE OF THE PRISONER.
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After long and vexatious delay the celebrated
Mcfarland case Is now before the courts for trial.
No homicide committed in New York for number
OF years caused such intense excitement as the
tragedy for which the unfortunate man now at the
har OF justice has to answer. The social position OF
the victim, and his known afllliation with those
among us whose teachings are antagonistic to the
sanctlty OF social laws, together with the fact that
the alleged murderer was injured in his
dearest rights, gave an Importance and sig
ntfcance to the crime which 1t would
not otherwise have possessed. And, as If
to heghten and intensity the public feeling the
event, the solemn mockery enacted at the Astor
House by Beecher and rockingham, who, IN words
memorable as specimens OF unmeasured blasphemy,
united the dying man and the iaithess woman in
the bands OF unholy wedlock, soon after followed.
The tragedy was shock to the sensbiltles OF the
community; but the religious comedy, theatrically
arranged by the selranonred ministers, was
scarcely less hldeous and revolving.
AS A FITTING PREFACE
to tine report OF the commencement OF the trial OF
Daniel Mcfarland, which will be found below, brief
recaptuation OF the circumstances of the murder,
the marriage and death Of Richardson and the COM
mitment of the accused Will be found OF interest. On
the evening OF the 25th OF November, 1869, Daniel
Mcfarland walked into the counting room OF the
tribune office and waiting his opportunity, drew
pistol and shot Albert D. Richardson In the abdc-
men, mortaly wounding him. Mcfarland was ar
rested and Richardson was taken to the edi-
toral rooms and from thence to the Astor
House. The widest excitement prevailed wnen
the news Of the tragedy became known. Those
who sought for the motive which inspired the assas
Sin to his dreadful deed found that Mcfarland had
on previous occasion essayed Richardson's death,
ND tbaf ho nad tn ri Inn.
ana that the cause OF the animosty lay the fact
that Richardson had destroyed the domestic happi.
ness OF the former by depriving him OF the anec-
tions and society OF o wife with whom he had been
living happily.
PUBLIC OPINION WAS DIVIDED,
AZ It Is still, on the question OF the right or wrong
OF the killing OF Richardson, some holding that the
assassin was justified. while others maintained that
summary execution should be his doom. I'm this
condition OF the public mind Richardson lay at the
Astor House, between life aud death, until the Both
OF November, when, through the instrumentalty OF
some Of his associates and friends, he was married
to the woman Apoie Sage Mrs. McFarland) by
the Revs. H. w. Beecher ana .. B. rockingham.
The man was dying, the woman was anxious for
the marriage and the wretched culprit her husband
hay IN the TOmDs. It was religion sonctionlng
pigamy. No more shameful occurrence can be
found in the history OF free loveism and the per-
niciOus doctrines Of afInities. The occurrence is
fresh in the minds OF the people. The scene In the
Astor House at the marriage was fully described IN
the HERALD OF the day following the death OF the
victim.
RICHARDSON LINGERED IN AGONY,
constantly attended By the woman, Mrs. Mcfarland,
and number OF his personal friends until the morn.
log OF the I'd OF december when his spirit took It's
inlerment ana the friends OF Albert D. Richardson
read his obituary: Considerable delay was had In
ReWs fully s9 BY the jury on
the charge OF murder in the first Degree When ar
raigned at the Court OF General Sessions lately he
pleaded mot guilty." and was held for trial.
PRELIMlNARIEs OF THE TRIAL.
An immense crowd Of persons Of different de-
and Centre streets TO- note the departure OF McFar-
land from the TOmbs for the General Sessions court
room Their curiosity was not gratifed Quite unob-
servedy, and without attracting the attention OF any
one, Mcfarland walked out OF the side OF the prison
in Elm street, accompanied by the officer who has
land walked to the Court House with that cOmposure
and sef-pOssessl0n that has hitherto distinguished
him throughout this = remarkable ca case & II was about
until after eleven that the crowd realized that they
had been ''sOld."
The April term OF the General Sessions was opened
yesterday morning, Recorder Hackett ana City Judge
e s e M os
trial OF DanieI Mcfarland for the homicide OF Albert
d. Richardson, while the City Judge will dispose OF
the regular calendar AS soon as the jury Is en-
panelled In the Mcfarland the court the jurors,
the witnesses and all parties having anything to do
room and the regular business Of the latter court
will be disposed OF In the room OF the General Ses-
Bons
EMpANELLING GRAND JURY.
The first business In order was the empanelling OF
the Grand Jury. Mr.. Schuyler Skatts was chosen TO
serve as foreman, ana after few words OF nstruc-
ton as to their duties the Recorder requested them
10 enter upon the abOrs of the month.
them the
II ne was ready TO proceed with the trial Of Daniel
Mcfarland, to which he responded in the ahlrma-
tive
District Attorney Garvn intmated that he had
associated ex-Judge Noah Davis with him in the
Mr.. Eldridge +. Gerry and Mr. Charles s. Spencer
are the counsel for the accused who occupied seat
beside them Some delay was occasioned In the
empanelng Of the Jury by the counsel for the &C.
cused, who suggested that great caution should be
exercised in the selection or triers. There were
names in this community In reference to which no
kind Of cavil or exception could be indul ged, while
there were others which the prisoners counsel
would be reluctantly compelled to protest against
the counsel for the people aud the prisoner should
each select one gentleman to serve as trers and the
defence named gentleman who was not in court
messenger was sent for him. which occasloned
further delay.
THE POPULAR FEELING OUTDOORS AS REPRESENTED
INDOORS.
Seldom has the Court Of General Sessions presented
such an aspect as it did yesterday. Every one was
evidently the acme OF criminal sensations People
feel on both sides OF the question. They feel and
they cannot conceal their feelings. Eyes nash with
interest ana excitement. Standing room ls regarded
as a luxury, and people buoyea up with excitement
deemed 1t pleasure to enjoy the privilege Of stand.
ing and enjoying look at poor Mcfarland, whose
domestic infelicity and It's well known denoue'
ane,M have gwen him such unenviable notoriety
and which viii certainly be handed down, what
ever It's final result may be, as an authoritative
case in American JURISPRUDENCE. In the court,
particularly In the neighborhood Of the bench there
was unusual hubbub. The gentlemen around the
bench felt the responsibility OF their position, and
showed 1t. They hustled documents about; they
whispered; they rushed into the anteroom; they
talked q vast amount OF preliminary by-play. Even
Recorder Hackett showed that he felt fully the inn
portance OF the issue at stake, and fuy aware
that interest OF $4,000 900 OF people is deeply
voved In the marriage question, which is at the base
OF all social questions, and Is really vital question
at the monent, owing to the manner In which 1t is
besieged by divorce, dissipation and recklessness.
The central figure was, OF course
DANIEL M'FARLAND.
The defendant was totally free from the conta-
gious excitement around him. His face was calm.
without twitch, and wore hopeful air which
seemed largely to calculate upon an acquittal.
McFarland's confinement has not hurt his health.
He looks healthy and at ease. The only feature
that displayed the prisoners old soul was his eye.
IL was bright and sparkling. but told q whcle
volume OF the depth OF feeling which was trea.
sured within. lie was well and carefully dressed
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