The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-04-08
THE MCFARLAND MURDER
TRIAL.

NKw YoRK, April 7-1e:SO AN.

Inc real WOEk OI buC GMSEMAauA HH"l
was commenced this mOrning, and 1t was
evident from the deep attention with
which the audience listened TO tue pro
ceedinCs, that tho fact, was duly apprecia.
ted. The prisoner, however, preserved
the same calm. and C0mpoSurc that llas
marked his dCmcanor since tho beginning
OF tho trial. As soon as the jury roll was
called District Attorney Garvin proceeded
10 omen the case on the part Of the people,
and charged the jury that unlss the prts'
oner can show he was justified In his act,
he was guilty Of murder in the first de-
gree, and such should be the verdict. At
the suggestion Of the defense the District
Attorney ordered all tile witnesses for the
prosecution Ia retire, except the first one
10 he called. Tho first witness, Geo. Al.
King, was called for the prosecution. Tho
examination was began by the District
Attorney.
Witness (King) was employed In the
Tribune counting room; knew Richardson
md McF His testimony tecounted
substantially the flcts relating 10 the
shooting OF Richardson as they have fre1
oncntly been given to the rhblic.
Mr.. Graham conducted the cross.exam-
inatiOn. A diagram of the publication
Office Of the Tribune was exhibited to the
witness, md he indicated the position oc-
cupied respectively by himself, the de-
ceased and the prisoner al time the shoot
Ing occurred; could not remember having
seen Richardson make any motion tllatin'
dicatet I'M intention to 1lse a weapon:
Richardson's pistol was afterwards found
at the AstOr House, never heard Richards
son bnast Of his skill with pistol. "
2P.M. Next witness, Daniel FrohMHn,
recounted tho circumstances Of the shoot
ing substantially as known; knew that
Richardson was armed; saw revolver at
tho AstOr House, which Richardson
had on his person; did not sec . pistol In
Richardson's hand at the timG 0fShooling.
Edwin ]. Gamer, third witness for pro
secution; he was one Of tho tribune mail
clerks, and his evidence in the main was
corrohorative Of that Of the two previous
witnesses. Recess was tlCn taken.
Upon rcassembling Daniel Watson,
mail clerk Ut Tribune office, testified 10
hearing pistol shot and seeing two men
leave the Office; did not SEQ Richardson or
Mcfarland.
Capt. Alhirc testified 10 arrcsting tho
prisoner and to Richardson's Identified
tion Of him rs the man who shot him.
DR.. Swan gave evidence US 10 the
character OF the wounds, is treatment,
and TO tho death Of Richardson! ""
The question being Nsked by tue de
fancel If tho witness was present NJ tho
marriage ceremony, objection was made
by the prosecution, Mr.. Graham, tor TIC
defence, claimed that they had tho right
to show what excitemGnts the deceased
was subjected to that accelerated his
death, and with which his client had
nothing to do. lie would show that they
called blasphcmOus ceremony to tl9lr
aid. not for marriage, but that they might
secure the properly Of the dying man
That tlesccrating proceeding was but the
elimination Of u conspiracy organized Dy
an Infamous gang who first s0wed the
painhll seeds That resulted In such 4
fearful occurrence. They could show that
Mr.. Becchcr had in his possession Il copy
Of an intercepted letter, which should
have put him on his guard against acting
the part he did. The prosecution must
proye that Mr., Richardson was sent before
his maker by an act tof Mcfarland alone
III Drs. Beecher and Frothingham, had
done their duty; the blasphCmou'
marriage ceremony would never have
taken place. Richardson was unable tc
determine about taking that woman fol
his vile, and they took advantage Ofweak'
ness. Tho question was excluded.
DFySGyre was called by the prosecution
hut not Being in Court, District Attorney
said his side rested tho case. Mr. Gnu
ham argued that the prosecution had fall
cd TO show that tho death Of Richardson
was solely caused BY the wound he re-
ccivcd at the hands Of the prisoner; thai
tho court instruct the jury that ifthc pros
ecution failcd to establish lavcrments in
tue indictment they had failed in an I'M
portant branch Of the case, and that there
iorc his client was entitled to acqutttal:
The Recorder stated that In his opinion
there was enough TO go 10 tho jury. ,5a
Mr. Spencer said hc. did not anticipate
that tho prosecution would close their
case so abruptly, and had not prepared
for opening tho case for the defence, The
court granted him until Tomorrow, and
adjourned, ,,.-.s---,.--.--.-..-,y--,.,---y.,-.--