The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-03-10
Mr.. John Graham Outrageous At
tack on Judge Ingrphsm


II s with great reluctance that we say
anything derogatory to Mr.. JouN GRAHAM.
By talent and industry he has won just
distinction in his profession. mud we are far
from having any disposition to detract
from IT,
Nor are we less unwilling 10 say anything
Thich may, by possibility prejudice the case
Of that douJly unfortunate man, now await
ing trial for his life, DANIEL MCFARLAND
unfortunate in the great wrong inflicted upon
him IN dcprving him Of his wife; and unflr.
,unate in having taken vengeance into his
own hands and killed her paramour.
But We cannot let pass. without remon.
STRANGE and rcbuke, the unprovok ed aud out
ragoous attack made upon the venerable
Judge lNGRAHAM in the Mcfarland case
laa Monday by Mr.. GRAHAM. II was in
the Court of Sess ons, before Judge BEDPoRp,
in discussion about fixing the time for the
trial Of MCFARLAND; and, rcnlly, 1t ia din.
cult 10 perceive any justification for drug.
gng the name Of Judge lSGRAIIAM into the
matter at all and certainly the manner in
which he was denounced is wholly incxcusa.
BILE.
On the recent occasion Of the trial Of REY.
EoLDs for murder, Judge lNGRAHAM made
some very correct aud appropriate remarks
on tho question of insanity. To us they
seemed N relate strictly to REYNOLDs's case,
and to have been called forth entirely and
exclusively 10y that case Mr.. GRAHAM,
however, contends that Judge ISoRAmAM
must have had the Mcfarland case in his
m nd, an have referred TO that This in
ference seems 20 far fetched and unnatural as
almost ~ partake OF the character Of in
sanity itself Constant association with
The insane is said frequently to produce in
snty il it not poss bic that Mr. GRAHAM
has been so much with his unhappy client as
10 show some effects from the companion.
shipf Mr.. GRAHAM complained, in the
course Of his remarks, tlat the response.
heavily on his mind that lac could not sleep
snd the loss Of sleep as well ne association
with the insane, frequently affects the mind
Mr.. GRAHAM announced that the three
counsel employed 10 defend MCFARLAND
had entered into solemn pledge TO keep
their intended line Of defence 10 themselves,
md that their pledge was as sacred ns thc
pledge of Mason With strange incon.
stency, however, he then went on to divulgr
that the defence would bo-the only defence
which any lawyer would attempt to make in
he case-insanity.
Mr. GRAHAM furthermore intimated that
tho jury who should find MCFARLAND
guilty of murder would have reason 10 fear
violence when they shonld go abroad again
among the people; n piece of bravado, an
insult n threat, in advance, AZ web calcu-
lated 1t seenA To us, TO mjuro Mr.. GRAHAMs
client az anything could be, If the time has
CONS when juries cannot render i'm.
partial and conscientious vcrdicts-whatevcr
those ycrdicts may be-thcn lawleesness has
reached point beyond anything tia, We
have bdor. realized, II In not such ~
mafkp AZ thesu that will acquit Mr.. McFAu
lA~p Ills case has excited warm symuo
thy and that sympathy is so general Ar TO rem
der his conviction exceedingly improbable
but II anything could Increase the ohnnocs 81
his convictioE-we cay II most unw.D nply-