Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-04-08

inc mCfUTt0mO Ir10l.
The Prosecution Close their Cdse-Nofioa 70 Dismiss
the Pris0ner-Wds The Marriage dn E1cttiay
Cause of DEATH -
We take from the n. ". Commercial Of last
evening the Following account of the proceed
ings in The trial of Mcfarland, Yesterday. com
mencing from the point where our dispatches in
last evenings STAI; left off.
Edwin j. Carver and David Watson corrobo-
rated the preceding witnesses to the shooting
Captain Anthony J. Allaire testified that b.
arrested the prisoner at 10 O'Clock in the even
ing OF November 25. He took him to the Astor
House; took him up in room No. II5. Mr. Rich
ardson was there; Richardson was living on his
back; he placed him at the foot of his bed: b.,
asked ME- Richardson whether this was the n,n
that shot him; Mr. Richardson said, Yes. that
Is the man." -
DR.. Charles Y. Swami was then called and
testified am practicing physician and sur
geOn, residing at the AstOT House: was called
to see Mr.. Richardson at the Tribune Office M
stairs; attended him till he died; he died on
the morning of the I'd of December, some min
utes before O'Clock; he died in that room al
the Astor House; attended the post mortem
examination. He died from that wound.
q. Was that wound necessarily fatal? Mr..
Graham.-I object to that; il is the question OF
the jury. ] am going TO show that he was lust
through course of excitement which caused
his death. Objection overruled,l A. 1t was
necessarily fatal.
Cross ss-e8amned.-I was present at the mar
riage ceremony Question objected to.
Mr.. Graham.-l AN entitled to show what thew
u r..
had finished with him. II they took him out and
made him run around the block, 1 have a righ.
to show it. II they subjected him to q worse
kind of excitement. have right to show that
If they hurried the death OF Mr.. Richardson by
six seconds from what the wound from Mr..
Mcfarland had appointed, lac was entitled to
show that. 1T they had strangled him would
not he have right to show that 2 He had a
right to show that the seed planted three years
before, nurscd and watered by the gang
that stood around that scene, had it,
fruit. That was then the case. As a
part OF the defense, he would show that for
three months Nr. Beecher had that intercepted
letter, which bore its subsequent fruit. Was not
the question before this jury whether the de
ceased died wholly by the act OF the prisoner:
The District Attorney had this morning claimed
to be counsel for the prisoner, after shutting
out from the jury box two Of Mr.. McFarlands
c0untrymen, who would understand his nature.
known their duty they would never have per
mitted q narcOtized man to 60 through this
blasphenous, horrible ceremony. would never
have burdened his conscience with that cere-
m0ny to merely procure his property to be
sent in certain way. Had they not the right
to show that his death was caused by want OF
proper attendance, by want of proper treat
ment? Could they not show that his death was
hurried by these acts? He proposed to show
that Q grasping and machinatOry woman, who
had deserted this man because he had no prop
erty in order to secure her hold on this PROB
erty. L offer to show that at the time OF this
blasphem0us ceremony he was 50 much under
the influence OF narcotics as 10 be incapable OF
weighing the moral effect OF this ceremony, and
death.
The question was excluded. .fa
The prosecution here rested. Nj. Graham there
upon made motion 70 dismiss the case, claim
ing that the prosecution had failed to prove that
the death Of Richardson resulted from McFar-
lands bali as its sole cause. An Important hia.
tus between the shooting and the death had not
6een hlled up: SSIposs tnsy ad naa .na soa him
brought about his death. What more harassing
question could have been presented to him, II
he we're capable q considerins 1t, than the
question whether he would be more or less
guilty, in going before his Maker. in marrying
or NOT marrying this woman. The point he
made was that they had not shown that the de-
ceased had come 70 his death by the prisoners
agency, not accelerated BY the act Of any other
Recorder Hacket-I think the case must 60
MT. Spencer aid the closing Of the case so
early by the prosecution was surprise TO him,
and, after some discussion, the Court put over
the further hearing OF the case till Tomorrow
Mr. Graham said before the court adjourned
he would wish to call its attention to the report
that appeared in the Star Of the proceedings.
and caricature Of what they called . a"Know
nothing Juror and ssked tnat sne court order
sion Of the reporter representing that paper.
The court took the paper, saving 1t would read
the paragraph alluded to. The court then ad-
jOurned. -
BIHard water is considered more healthful
than soft in most European countries.
ga race between dogs and rabbits Is all that
relieves the tedium Of life in Richmond.
n6A Richmond paper says:-"Qm legislature
is an uncommonly. sober body and never drink
necessary" ...a,...
0Ths good people Of Boston propose to gid
the dome 81 the State House, whereup0n an
evening paper suggests that they paint the
Common. .,..,.,.. !, -af