Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-04-12
TELEGRAMS TO THE STAR.
This Afternoons Dispatches.
ASSOCIATED PRESS REPORTS.
THE MCFARLAND TRIAL

THE McfARLAND TRIAL.
Rishs a. rsl.en.s sAxc.cy d" keep,as
Teleorephed Erc,asivelyt 70 TAe Erenins Star.
NEW YORK, April i2.-The courtroom is
jammed. Mr.. Graham, the prisoners counsel,
was greeted with applause. THE-
The first witness examined was Nicholas
SfsJohn Green, who testified that he was a mem
Der OF the New York Bar; had been 50 for rs
years. Remembered Of having been retained in
the proceedings in the hd6eas costHs brought by
Daniel Mcfarland against Albert ID. Richard
son. The motion before the court when he went
into the case was TO punish the father and mother
OF Mrs. Mcfarland for contempt i'm not pro-
dueing the children. Remembered having an
interview with Richardson.
The Court stated that the witness could no;
be allowed to state what Richardson had said TO
him.
Mr.. Geery offered 10 prove by the witness that
Richardson had supplied money for litigation.
The testimony was ruled out as inadmisSable.
the defence excepting. '.-
Mr.. Geery asked the witness If he had received
instructions from Richardson ia relation TO the
case. The testimony was excepted to.
MIR. Graham argued that the evidence wa
showing that Mrs. Mcfarland acted under TIT
influence OF Richardson; that he was the whole
cause OF the alienation OF Mrs. Nc arland from
her husband. and that in the prosecution OF the
suit for the recovery or his children, Mcfarland
had to fight, not his wife, but Richardson. II
was important TO the prisoner TO prove the rels-
tions existing between his wife and Richardson.
and TO show that She was acting entirely under
his influence. Her husband thought that the
recovery OF his children would be followec by
the return of his wife, whom he still loved, and
Richardson probably was of the same opinion;
hence his efforts to keep the father from OBJ
tanning possession oil his children. This woman
was vibrating between the unholy love Rich
artsOn had enkindled i'm her bosom and the nat
ural affection for her children, and were thu
purse OF Richardson not at her control, she
might have returned to her husband
he Recorder ruled that the evidence pro-
a q ven " a q mis-
His Horror said that it was proper To keep In
mind that it was Mcfarland who was on trial,
and not RiehardsOn.~
The statements made bv Richard-on, which
were Immediately communicated to MeFar-
land, and produced influence Oh his mind, were
competent causes for his action.
Judge Davis said rs he understood the habeas
corpus matter stipulation was entered into by
which they agreed to separate, each retaining
the custody OF one child.
The witness, Green, further testified that al
the time he saw Mcfarland in Boston, tho
prisoner was. i'm his judgment, if not insane. al
least in a fair way to become so. He seemed TO
be bordering between sanity and insanity. The
last time he saw him was in November 1861,
Cross-examined.-He saw Mcfarland both at
court and in the office Of his counsel. He an
peared remarkably nervous. The result of the
habeas corpus commission was that he obtained
one OF the children, and the mother retained
the youngest.
Edward h. Phillips, another member of thc
Boston bar, testified that he had been retained
by Mrs. Mcfarland in the habeas corpus case
Saw the prisoner in court at that time, when
the judgment of the court awarded the Gus
tody OF the youngest child to Mrs. cFarland
I'll latter was dreadfully excited. Subsequent
ly the prisoner sought out the witness AMI in
sisted upon his hearing the sad story o.
his life and his wrongs. Mcfarland wa,
very much excited and appeared 70 D..
in n very irrational frame OF mind
What particularly seemed TO Cypress him wa.
hat Richardson intended TO marry his wife
His face bore all the expression of a man in
eNtrt me mental agony. Subsequently the wit
ness had another conversation with the pris
oner of a similar character.
Jndge Davis.-Did you at any time suggest t.
the court during that Investigation that the
prisoner was unfit to have charge OF the young
children, he icing crazy man?
The witness stated that he never had, but IN
reply to a further question from the connse'
stated IL at he had made such a suggestion to the
senior counsel in the case.