The New York herald., 1870-04-30


she defence had conducted rsclf not only the wit
nesses, but TO the counsel engaged IA the case was
an outrage on the admin IS ration OF justice. Tie
prosecution had endured 1t out OF regard 10 Ger am
interests; but the time had now come when II I'D
no longer be submitted to. II have never been in
court OF Justice where such infamous and hiso.ent
nt enso was perm 20 any counsel. Whte
! have endeavorsd to endure this with
considerable forDcarance while under the pro, ecion
could occur whle mus protected. have been as
saulted IN the grossest and most ins lent manner
Wnen iise FOR the purpose or submitting evidence
an attacKe0 ana everybody c0nnecled with me
grossly nsul ed. Ir me se Tor counsel for the de-
fence mas anything to say Yield hlm Lne noor But
these persistent attack, and insltng Of Witnesses
as allowed IN mis- Court s disgrace 10 the admins
trati0n or justice In Tn cly. l respectfully submit
that this counsel should be hell down to the same
proper restraints thai all other counsel are held 10
in all other courts.
Senior counsel for the defence replied and said that
possession Of Information that the prosecution was
run for private purposes, with unlimited CON-
public prosecution. In support OF this assertion
counsel submitted the admissions made by wit
nesses during the last TWO DAYS.
The Recorder said that the case for the people
res cd With the District Attorney, and 1t was en-
hrey WI h that officer 10 INTRODUCED evidence when
sna wuu n0T he 1Sshs na Il was not
scribe the course tho District Attorney should
pursue, and that course he lthe Reoorder) thought
which the District Attorney thought would be
his duty. The Court could not Interfere
icSs tlut oCCuTIel WHICH WAS not likely 10 OCCuI-a
direct Violation OF any well known principle OF law
Win respcc CT the remarks OF Judge Davis as to the
conduct OF the senior counsel for the defence, the
Recorder Said lie was OF an opinion that the license
OF counsel had certainly been exceeded. and that the
Interests Of the defence would not suffer II the sde-
wing speeches to the Jlry reserved for delivery
at he proper time, when the case was summed up
The Recorder, after hearing Judge Davis, said he
would take both printed papers with him, and give
an opinion when the Court assembled again.
The Court then adjourned until eleven O'Clock on
The proecution through Judge Garvin, said they
expected to close their evidence for the rebuta
Monday evening or early on Tuesday morning.
The Lawyers ON their Muscle.
The unexpected adjournment of the court at two
O'Clock WAS surprise to all the general audience
Small groups including few ladies. iingerol in
the court room. McFarand's small stature was hid
den by cluster OF friends who were conversing
with him in a friendly. chatty way. phe usual
crowd OF the nquistive gathered themselves In
front OF the railing to get glimpse Of
the principal figure In this trial. The Jury had left
the court, the attaches OF the court were busiy
doing nothing In partcu'ar, when suddenly loud aud
excited language was heard at the counses table.
There was general rush 10 the neighborhooi OF the
tab 9, and there, standing side OF the table
with their papers gathered IN la ge bundles were all
the counsel IN the except Dis rict Attorney
The senior counsel for the Defence who was tying
up papers rdtner nerVOuSy, exclaimed quiet
but defiant tone, Judge DAVIS, what did yOu mean
by indicating that did something knowing II to be
ialsesn
Judge Davis, calmly, and with quiet determine
tion, and with provokingly irritating sneer on the
"you"-'I meant exactly wnat said, sir, and have
no explanation TO make TO you i'
The senior counsel for the defence took
the floor in u fighting attitude He eirded his
loins as though he might as well be prepared use
his muscles and said 60 Judge Davis in angry, de-
nant tone:-"Sir II could clearly make out that YOU
mean to insult me by your reference would chastse
you here and now, in court or out OF COURT not only
you, but all your hackers and absttors and support
ers.n
The associated counsel Mr. Gerry, tried to calm
down the excitement of his iend the senior counsel
but II was useless Putting Mr.. Gerry aside the
senior counsel waved his curls and with heart
anu gusto that evidently meant mischief s.alked
up TO ex-Jndge Davis and said-"G--d d-m you
sirr can lick you or who.e field full ike you.
Cd dn, you, have never submit ted 10 On insult,
and have great mind to chastise you right here,
and now, and teach you WHAT'S due from one gentle
man 10 ano herr
Whilst this pariey had been going on the Recorder
hat In hand had calmly surveyed the position from
the top step OF the bench but he quietly walked tc
the side of the wordy combatants, and addressing
the asst speaker, said 'rhs ls very unseemiy amoAe
gentlemen
The counsel replied, ''You had no right, SIR, tc
back him up m his insulting reference to me, s.r =
The re o der said TO the constabes "Genuemen
you perceive TINS excitement. charge you TO allow
| no breach of the peace TO happen"
Mr.. Hackett then withdrew.
Counsel for the defence then menacingly followed
eN-Judge Davis, saying, Cd d-n II, Pye just abOu
| "a mind To chasttsc that jnsoent fellow now. III
F., 1nsulted me. Pm enough Tor him and all his crowd
II am getting Old can take care OF such as insul
| me. ril--
| He tapped the breast OF Judge Davis tw,
| or three times but the latter maintained q pail
| calmness. both OF expression and action He turne
away as three oIlcers OF the court came between
| himself and The c0nbatant, and walked to the Dis
trict Attorneys ONCE protected by small circle
| friends.
There was an endeavor 10 cheer and make
demons IA ton on the part OF the spectators but
was imnedia ely suppressed.
1t lis due 10 Mcfarland 10 say that directly he com
pretended The nature OF the quarrel he used in
1uence 10 calm down his excited counsel which hat
more favorable effect than any other influence tina
was exercised.