The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-04-14

! know Mr.. Mcfarland and saw him O.
sne motel previous 70 the snootng ,nin. M
came in with his brother and think, little boy;
he sat down at the table. and he afterwards walked
through tho room es II he was looking Tor some
body; went and asked one OF the walters n the
gentleman mad had ANYTHING; ! saw then gentle.
man who said that he was hts brother and whatever
the prisoner had had he would pay ior he also told
mo That Mcfarland had separated from his wife,
RULING OUT CONVERSATION.
The C0urt-ihat conversation was with the
brother.
Witness-Yes.
The Court-Then you must not state It,
Counsel for the deence-l should wish to take
ruling from the Court as TO the conversation between
conversation was before there was any motive TO
make false statement and before this event could
the Court-Wno could have foreseen such an
OccaSiOn9
brother suspected that something was wrong with
the mind OF the prisoner at this time. and 1t Is I'M.
portant that this witness should state the result
produced upon him Dy what took place ana what
the brother said u him. and that conversation is Just
as much part OF That occasion a. II u nad oeen i
us 1t Is one OCCASION and he nus right to tell US II
tue brother commented upon THIS occurrence, Us 10
meot and had reference to Whas Occurred on Inc
10Th OF November
The Court shall exclude the question.
told not 10 answer.
Tue court then took recess.
Testimony of william Moore.
william Moore was examined lie stated that he
was waiter at The same establishment Ut which the
two previous witnesses were employed; he saw Mr..
Mcfarland In the house and observed restessness
about his manner as well as che display OF o queer
affection tor his son; one morning he came In In
company with his son and his brother, ana did not
seem to care for what he ordered; occasionally ne
would into the restaurant with his mar dshev.
elled anu looking like man who had come from MS
bed without washing himself, and also like one VINO
Gross. ex amined by x-Judge Dav,s-I noticed one
or two incidents exhibiting strong anecion or Ms
boy; there was great trcmor in his hands, 80 thot
when no laid down his knife and fork they would
rattle.
Testimony Of j. h. CoughIin.
Johu d. Coughln examned-I reside IN East Fiji
teenth street. am an assistant assessor Tor the
since last June; the first day saw him my atten-
ton was particularly directed to him, and thought
Bim q man whose mind had lost Its balance; L
noticed restlessness; he walked through tile office
without noticing any one; his eyes had dreamy or
rather no expression; had most to do with direct
Ing him; We generally gave hiu such things as did
not require much memory or thought; 1reQueltly ne
would forget all about IL and would nave TO put "
on paper, and frequently he would forget That and
have to be told next day; his duties were to get ala
grams Of property from the Tax ONCE and to make
estimates OF value-mostIy mechanical work; ne
WAS that Office down to two or three DAYS before
the shooting; thought him physically broken down
es Ha cs no hae lie beas Corpus
ceedings; he spoke OF Percy; he spoke OF getting
his boy Danny back; the last day saw Inn he was
more nervous and excited than lad ever seen nun
q. How near the tune OF the shooting? A. TWO
O. What occurred on that day that led you to the
Impressions You have stated! A. remember he
was at my desk he interrapfed ms IN what Inv, was
have discovered ~ then he went on to say. IL have
discovered rnat Mr.. Richardson has got bogus d.
vorce for my wife aud that ne Is about 10 Sell his
property ana move West, wnere he Is going to start
newspaper, and ne Is about 10 take away my wie
ana child" ana when he spoke about his Child he
became very much affected.
Q. You never saw MN to be as bad as at that
timer A. NO. sir; INTERRUPTED him once or twice
going; SAID was going up town, as did not want
nun 20 go Win me; ne SAD Il VIII 60 with You as
wanted to see q man Oh business up town; SUI ne
went with lac to No. 73S Third avenue, MIR. Fall
Q. DID ne accompany you tllerei A. Yes, sir.
q. WHAT was his cOnduc, at Mr.. Fallihles place :
ton 10 his conduct; he asked Mr. Fahte II he mad
reaGsOme poetry published In the lffom'te, anu Mr.
Iallihie replying IN the negative lie asked me- ier
read verses he started out to resd the but dld
not complete them, and asked me to read them.
from what you saw, was 1t rational or irrational ?
A. Well at that particular time nc was rational
place a7 ". neSteftIy rational at MI. ralihies
Q. Di1 you give HIM advice about this man taking
hts childr A. lie said he might never see his child
Q. Did he say anything about Richardson getting
Out Of the way before he cond asten legal proceed.
| ings upon nimf A. Yes SIR.
W w
great trouble about his boy A. 1t was understood
That he was IN great trouble about something but
Us to whether It was about his boy l cannot say.
O. Did not they try to make his work lights A.
q So that hts duties were very lghts A. Yes
q. They were almost what child could dor A.
vuly BY the District Did
you notice that ct that time he was drinklng9 A.
Not on that occasion
Q. When did you notice its A. Not until about q
q. When did. You form his acquaintance? A. In
O. wen, did you then notice anything about him
A. In August recOect one day that noticed that
he had taken some liquor
Q. Was he much affected by itr A. NO, sir.
O. You saw he had been drlnking2 A. Yes, sir
q. Did You INFER 1t from his conversation OF his
actioni A. inferred rather from his action than
q. DID you know oil his drinking before tha.a A.
No. Sir.
mont before he came to your 0flce9 A. That can.
not say; | have heard OF MIN belonging to the APP
10 yom Know how lona he mad been in il, A.
That cannot say.
O. DID he have enough employment every day
A. Well, he did not have enough work to engage
him every day: Mr.. Mcfarland had SIMPLY to take a
memorandum from the Tax ONCE on tracing paper.
giving the distances; Ill valung properly we would
give him list Of all the property belonging to an
estate aud hls business was to hunt It up aud
tam It's value; we didn't have employment Tor him
every day. but nearly every days 1t would take pretty
much all mans time; they were generally accu-
rate but sometimes we found them very inaccurate;
his reports as to values were given OF ally; from his
accounts we fixed value; during the time he was
there he had nothing to do with the Registers or
Surrogate's Office; sometimes we had difficulty III
pretty accurate; he received five dollars day.
Redirect remember asking him to drink some.
thing; no would not drink spritu0us liquors; he
drank soda water.
Testimony Of Michael FaliIiie.
Michael Falilie testified that he remembered Mr.
McFarand's visit with Mr.. COughlin; he had never
seen him before; he made up his mind he half
fool he talked to him about something, he cOuin'I
understand what 1t was; his conversation was not
sensible; 1t was too absurd to remember.
Testimony Of William Marsh.
William Marsh examined-I am III the employ OF
the government; first knew the prisoner IN 1867;
he was IN the Appraisers Office OF which Mr.. Nc.
Erath was the head; in the early part oil 1867 he was
ind I'D Yaon hath ho and