The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-05-17
The Close Of The Mcfarland Muir
4 der Trial.
The Verdist "Not Guilty
Scenes of Great Excitement
in the Court Room. N

- ~ NOu " uJll
tsccnes Of Great Excitement
in the Court Room.
Men and Women Cheering nuu
RuzZaiDg.
iiiE VI fAhLAND TRIAL TWENTY FIFTH DAY
NEW YORK, May 10-At a little after
IL O'Clock the court opened, and Dis
/ trict attorney Gavin arose and com
menced his closing speech. Comment
ing iirst on The extraordinary length of
time taken by the trial, he declared it
the duty Of the jury and himself to de-
vote even three times as much time if
necessary to give the prisoner a fair trial
The defence hal tried every question
except murder, and had worked to black
Ell the characters of Mrs Calhoun, Mrs
Sinclair and Mr. Greeley; the attempt
was as absurd as unsustained by eyi
dence. Mr. Garvin expressed his con
vlction that the jurors believed in McFar-
lands guilt, but there might he doubts as
to the degree. If guilty of murder let him
be hanged; If of manslauehtcr let him
90 to the state prison The law must
he vlndcated in This case Or there would
be no security for life He felt sure they
would decide according to the evidence
and their oaths..
| THE RECORDER 5 CHARGE
The Recorder then addressed the jury
The accused was not to he convicted nor
acquitted upon the speeches of counsel
or convicted upon prejudice toward the
dead or living, Or because public policy
may demand an example They must
conscientiously reject every fact or cir
cumslance in evidence which, in their
estimation, cannot illustrate the ques-
ton of sanity or insanity, or of malice,
or which does not bear upon the time,
place, mode and act of killing. The
state of domestic relations, it was not
material for them to adjudicate. The
question is how did the prisoner believe
about them, and how did that belief i'm
press his mind; was it sanity or insan
ity?
The Recorder tnen proceeCe to charge
substantially every proposition of the
counsel for the defense upon the subject
of insanity, and continued "If you be
lieve that the accused armed himself with
loaded pi< <tol ,and sought out deceased,
and shot him upon grudge or malice, in
tending to kill, lie is guilty of murder
in tue first degree. If having loaded
pistol, he shot deceased without intent
or design to take life, and'in the heat of
passion, then it may be manslaughter in
the third or fourth degree.".a
The recorder then charged most -of
the points asked by the defence as to the
shooting, viz: that it cannot be taken as
evidence of malice unless the prosecu-
ton is satisfied that the shooting was
felonious and if the jury believe it was
committed in state of insanity, they
are to discard it from their considera-
ton altogether ad
He declined to charge that the Lon-
prosecution of the defendant therefor, is
strong evidence that the act was not
deemed criminal at the time of COM
mission. The upholding or prostration
of the marriage relation should have
nothing to do with their verdict, and
Fouriersm, free love, or sentimentalism
on the one hand, and moral reflections
upon the conduct of the deceased man
or living woman uron the other hand,
are not legitimately to affect their YER
dict. The inaexible rule of the jury
should be that the aggrieved husband, or
father, or relatives should never take
the corrections of wrongs into their own
hands with pistol or knife, and that he
was not insane who did So The defend
ant is not to be acquitted because it Is
the duty of any man to uphold the sane
tity of the marriage tie, unassisted by
legal procedures. If the prisoner took
The law into his own hands in a state OF
sanity, and with malice, he is guilty ot
felonous killing If in state of insan.
ity, he is not guilty:
THE VERDICT.
At three o'clock the jury retired
They reappeared in conrt at ten minutes
to five. The silence of death prevailed
as they took their seats, and Mcfarland
turned pale as sheet. The foreman
finally rose to answer the usual question
and Mcfarland stood up to face the ju
Nv, He trembled violently and clutch
ed the railing beside him as if for sup
port.
lis the prisoner at the bar guilty ol
, not guilty p came the question at last
mot GUILTY. was the answer.
The scene beggars description, The
; whole audience jumped to their feet and
cheercd as though determined to shake
the house to. its foundations. Even the
court officers joined in the cheering
Men and women spraue over their seats
and struggled for the privilege of sha
king Mcfarland by the hand Ladies
divided their attention between the lib
Grated man and his counsel, upon whom
they lavished their thanks.
: Mcfarland was very much affected
and little Percy, in his joy jumped upor
chair and, waving handkerchief, lent
his voice to the cheering. 81. -
Mcfarland soon after left the court
room, and the crowd dispersed. .a,.,.~
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