New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-05
THE MCFARLAND TRIAL.

bench. AT early D0uf the cOrfidOrs
leading the courtroom filed with persons OF al
ages anxious to get admission to tho courtroom. At
the Recorder took his seat and after Grand Jury bs
been ispanneed, had listened TO the charge OF Hid
| Honor and had Withdrawn DistrictAttorney Gsrvis
moved for the trial Of Daniel Mcfarland. indicted fos
murder first dc ia shooting Albert ID Richard
| son. in the counting. room Of The NswYoRK TRISUsz
on Nov u.s. 1862 from tho effects OF which MI Richardson
| died on the I'd OF December thereafter.
Judge Garvin is asssted In tho prosecution by eI
Judge Noah Davis and Assistant DistriotAtorney Sel
| lows
Mcfarland who Is defended by hezra John Graham
Charles Spencer and s. Geary. appeared calm and
collected and conversed freely with has little son wbs
was seated beside him and several OF his friends whs
came to shake hands with him. His calm appearance
was strong with the excited bearing OF thoW
surrounding him. - - ..
The defense having declared ready for trial, Mr. Ora
ham rose and said that he deemed 1t proper TO call the
OF Honor to the rights and privileges 81
counsel for the defense in challenging jurors and that he
would that privilege to It's fullest extent; that be
wished have two trsrs appointed TO Judge whether
Jurors were competent to serve as he thought that In
case like that of his client where much publicity had
been given IL necessary to select with prnd ence
Recorder Hackett answered that the District Attorney
and Mr. Graham might agree to the appointment Of
triers and Messrs Henry Morrison and VIM. Allestoa
we're sworn SUCH Some 1900 jurors have been sum
| moned of which over COO present. Godfried
AeHchner was the Caiieu,
| being sufficiently acquainted with the language
| Mr. Charles wyngate was then called aud, in answer
10 Mr. Graham said that he was not 80 years OF age had
heard OF the and read IL In The TRIBUNE
Herald Tines and World; had not formed any opinion
"a IN mo cnlnability OF the prisoner not having
evidence enough, and only Knew Inst crime wa" com
| Mr. Graham-Did you nee the word "crmep
| Mr. wyngate--I did; meant the shooting ~
Mr Craham-I hold, your Honor, that this man IL dis
nrrencs. and by that word shows that he has made
his mind d ,Ss1 Sesn' n6 sse BE- probably and
defense must rest on another basis this juror
Distrct. Attorney Garvin-I thnk that who caih
killing Is not disqualified to serve as juror
Recorder Hacket ruled that the Challenge was not 'us
Mr. Graham-I take an objection on the following
l. This Juror formed absolute opinion as to The
case trial
| 8. He has a bias in favor OF the prosecution $1,000,
A He has bias in favor OF persons implicated IN the
ne District Attorney then asked the Juror he had
any conscientious scrupes to bring verdict OF guilty.
Cross examined BY Mr. GrahamIo DO you know who who
the person that Is SLANT A Know his name ous
meyer o. Did I'd" you know Richardson personally No. M
O. Did you attend the same church he DID A. Nos
knowing which church he attended. cant tell
O. Do you know Dr. FrOthingha A. do
8. DO You attend his churchf A. do sometimes.
O. Did you ever hear Of that blasphemons ceremony
W s vo one Of those who upheld this proceed
inGi II is .none Of my business. and don't stop "
q DO Won sympathize with Dr. Frothing CHAM. or do
you censure him, A. don't know that rockingham
q Have you read the papers. and whichi A. have
Q. Have you formed any opinion as to the Astor
House farcei A. have not: ,,o,, ,,a ,o.o,, q, a..
DO You Wan these trers understand tina. you
| entirely uDbiasedi A. do.
O. Did understand you to say that yon saw nothing
improper in that socaled ceremony ana hat you acau
| nd fha m ufsfpr A. L
did and do not take interest enough Ia Tie matter W
O. Did You get any information from other sources
than the papers, A. did not. Mr.. Graham then
of tue Juror He said that jurors mind should be
biased, and resemble white paper when TOOK only ,he
most oea excuse ,heuselye. from running
that man. nearly 60 old had displayed ndeoen;
zeal to be put IN PosSnI, o. Juror WHICH zo"' coua
Recorder Hackett ito the triers-I charge you II you
think this is biased one way or the other you
must reject him. and II you think lie IS unbiased you
must hun, and the challenge not sustained As
fair way Of Sd9sns e yDder the sme
stances you would wish this man 10 decide whether you
Alter few minutes delberaton the triers decided
| that they found the juror Indifferent; - ,,,-,
| The second Juror called was Mr. Edmund & Marsha',
who was challenged and set aside, having formed aud
| expressed an opinion - 4. 49,.
names The ninth Juror Mr. Charles X. Carpenter,
challenged for cause. and found incompetent by the Dis
Mr. Graham-we challenge this juror now to the favor;
We intend where "a gentleman come on the stand
with behavior to do our best TO put nm ia ths
Jury box, instead OF keeping him out OF IT. when we SEQ
modest unassuming man. who says that ne VIII dscias
according 10 his oat we wl help To get INN INTO 'no
| iury-box. -. -, - - 49,. ,..,,.s
and expressed opinion with regard to tue s'Ait 81
| innocence OF this prisonerf A. Yes, or.
by Mr. Graham--On what have you formed your opin
| ion A. have formed 1t from the newspapers have
O Have you, as q general thing. read all that has APP
pered in the papers or IN any one OF them IN reference
@. Your opinion is formed on the idea that those pup
| LEGATIONS were truei A. Yes. sir. 49,. -,
what you have with reference this be true
you have q conviction the subject OF this easel ~
@ DO you think II impossible for you to sit as Juror
in this and redeem The obligations OF your oaIhf a.
| should entirely go by the evidence.
The Court decided that the witness incompetent
The 10th and lth jurors failed to answer tue eau "
The 18th juror Mr. Sampson Morgephan. was SCI ASIDE
The iith Juror called Mr. Dan,ei f. Van valsenbergs
dry goods merchant residing 40 No 6Ss Flithave, was
accepted. but afterSard excused on account vi
The next Is jurors called either failed to respond 10
The Soth Juror called was Mr. Richard Brown, fancy.
goods dealer. residing al No I'D west E!e'ehtus' 10
The next Juror obtained was the saith called, Mr.
August f. Clawson, produce-deaer' residing al NO
The IOiih juror called was Mr. Samuel Beekman :
grocer residing at No l25 West Nneteenthst ne haa
formed expressed opinion, and was therefore az
The next Il Jurors called either absent or were
Hans j. Hansen; chandler Tssidns a. 10 So 50
Monroest the i22d Juror called lie Was iouhd con-
The next juror accepted tho isist Juror called Mr.
The names OF 81 Jurors making 1853 all. then
called all OF whom were either absent or were found n
Recorder Hackett then cautioned the jurors already
obtained about conyersng WITH any person or pers9s'
tional panel Of 100 jurors for "Wednesday the Court ~
Al, mo inrorA thua far obtained ira married men with