The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-05
THE MCFARLAND TRIAL.
,UOrOGRIPH or THE SCENE IN THE
aEyERIL SESSIONS YESTERD4H.

GENERAL SESSIONS YBSTEkDAY.
N. rir.t Day of tho Trinl-TT6 Prisoner
and his Little SOM cncina among Couu-
.I-Excitiug Examinations Of Jurors
p,srctnte attempt of n Frothinghnm Nun
10 Get on the Jury-He II Fooled by } ohm
Craham-sccncs and Incidents.
The rush to the Court oil General Sessions yes
brday morning 10 witness the trial OF Daniel Nc.
r.rland for the murder OF Albert D. Richardson,
vas unprecedented. The old New Court House. its
halls its vcstibule, and the Park round about the ed
sss were thronged with eager thousands, only a few
lundrei of whom could possibly gain admission to
~ arena.
ALL SORTS OF DoDGEs
sere rosortel TO to eude the vi Glance Of the door
Keepers. Men were eager TO force passage on the
pound that Judge Haeketl had sent for them; that
ne District Attorney had requested them to be sure
snd be on hand curly that they were witnesses in
The that they we've relatives OF the prisoner
NAT they were reporters tuat they had been sum
noned as Jurors, &c, &C. But all such tricks were
biled, and but few, except what may be called the
proper working force OF murder trial, gained adj
mission. six hundred and 1ty jurors had been
summoned, and they were the only persons who ex-
hibited any reluctance to being present, or who
would have gladly been excluded.
rnB couRT AND COUNSEL.
Recorder Hack eft took his seat Gt II O'Clock, with
Judge Bedioru at his right hand. District Attorney
Garyiu, 1anked by ex-Jud:e Noah N. Davis, who is
70 assist him in the trial. after took his allotted
place Within the bar. Next appeared the Hon. FL
bridge 4. Gerry Of counsel for the prisoner sharp,
Lort, wiry, philosophical, and alive all over. The
Boz. Charles g. Spencer next came In. and cordially
greeted his associate, Mr.. Cory Lastly appeared
nc Hon. John Graham, who pulls stroke oar for the
s-ience, and took his seat between MIR. Gerry aud
NJ. Spencer.
THR PEisoNuR, HTARLASD,
vns escorted into tie court room by a deputy from
Ne rolbs, aud took Li seat ty the side Of his eoun.
Rl lie w4s accompanied by his youngest son,
kiut ri 10Y, seemingly about years OF aso. Tie
htic ,i.JW cudl'ed closely TO his fathers side all
aroa-h Tie weary day, and seemed happy TO hsve
hs fatLcr's arm once more thrown lovingly AROUND
bin
lcssrs. oraham. spencer, and Gerry shook hands
srdlaiy with their cent and gave the child IN af.
hcIsaate erecting. As surveyed the scene at
ns aomonL 10 could not iGil 10 lie impressed with
The conviction that, In some cases at least 1t IL a
more grateful task 10 help Ge,end q fellow creature
nom the han'1non than to seek to put the moose
uouaG his NECK.
GFAELASD's CONDITION.
Externally the prisoner exhibited cheerful, ami.
and Of his Sequittal But to one who looked be-
reaih the surace II could be seen that at heart the
unfortunate man was Jaded and worn as though he
had come long and weary way. There was also
"a aged look pecring sadly from his eyes-a look az
though he had been q thousand years on earth. and
his memory could not get back 10 the beginning OF
bis troubles, The souls existence is measured by
raies and not b. years. The hsppy soul is forever
young; the wretoAeu soul Is forever old. And In
hcfarlund's prison cell what wrotchedness aud
memories must have turned his moments into years
What thoughts OF his family must haye come to him
thoughts Of his vie, OF the hour when before God
Death should them p,rtf Where is she now
What docs size think OF mef Does she ever think
e. %e ,6 And my n children where are they Do
tale are tul them OF their fatserf Is there any
hIrous Mshiimen, OF de,raction whispered in their
esi How do they feel about my TRAIL Do they
" herei VII shs-tny wite-be theref III should
b acquitted vii my children rejoice aud love me-
q otold! And as to my trial how will that GOT What
toutse win the Judse taket VIII there be perjury
ss.. ,, mel w, my vi appear against m. And
kind Of wives have they for tAeir wives viii talk
70 them about the trial, anu which side will they
Gkef Tod grant that tie Jurors who are 20 say
SheIher shan 1--we OF die have isir.minded, pure
And 50, in Wis cell the unhappy mans thoughts
whirl on o. the ever VI hope and the ague Of de
spar rack bimi aud hence despite his seemingly
hear, aid looks YEARLY ana appeilinsy out OF his
sad eies AZ Court, Jurors, counsel aud spectators.
1t being the first day Of the term, lot Of Grand
sary aud other business had to be fret taken in
tILd, anu thls having Deen disposed Of tie District
Attorney arose and moved on
THE TRIAL OF DANIEL H'FARLASp.
Judge HAcKKETT-Are the counsel for the prisoner
Mr.. sPENcrR-we are ready.
vuIg' hAe ALTT-LeI tie prisoner be placed ut the
Tha
hi formal aepe rance, and then resumed his seat by
Dis tuhsels eide. These preiiminRres having been
Go' through with. Mr.. Graham arose and opened
PRELIMINARY sEIgMIsa IN IRIERs.
And tere II may be well TO explain what triers are.
10 such complicated trial as MeFarlands is to be-
y rs exceedingly important for the prisoner that tie
best possible jury should be imppneled-tIat is TO
POSSIBLE jury Tor the prisoner would be composed
Of men Of high ihteliae ce, fairness OF mind and hon
esty OF heart men OF character, frmness, dserimi-
:, Son and ndel Evidence; men ofsympathy and pur.
~ ofhfc. I'D without 'he
las sAIST OF FREE-LovE
IN their composition In o. sE 70 select such Jury
out Of the six hundred and nit, JV0rs suhiinoh.Il II
Is necessary Tor tue prisoners couasu nd"
great tact and to possess fne and 9-.Sk gpag-
uent Of, human municipalities Ia N''cn
Nessrs. Graham, Spencer, ana Gerry es@e,..
he counsel have the privilege OF challenging tw enty
jurors peremptu lily-that Is, the night oil rejecting
TEN without giving any reason for such rejection.
ILoy also nave tue right 10 challenge any juror for
tause, or favor It Is usually called and examine
lin as to his knowledge, opinions belief rela-
tcus TO parties friendships ith parties in picaed,
aud everything else which might affect his verdict
lud the triers are two gentlemen, who are always
lawyers, that are sworn to hear such examination,
which Is conducted in open Cour and TO try the
tness OF the juror thus examined TO serve on the
Jury. II the tTiers ind that the juror Ia Indifferent
u both sideshat is, that be ID impartial and IN
tiassed-he IL sworn In, and sits a juror In the
tase, unless the counsel challenge him psrsmpto-
fily As above stated.
The triers thus try all the challenged jurors until
two have been found competent and sworn in, when
HE lawyers retire, and those two jurors and their
luccessive fellow Jurors themselves become trers OF
Tue rest Of the panel. IL will thus bs seen that
much depends on tie selection OF the two original
trers, and That MIR. Graham's solcitude az to that
matter was not without cause.
Mr.. GRAHAM ON TRIERs.
Judge Tackett having siEniaed his readiness to
proceed, Mr., Graham arose and asked Tor little
ttay, that the question of the selec ion OF tTers of
Jurors should be understood and determined In ad-
vance. IL was ordinarily supposed that tie Court
hld tie absolute right Of the appointment Of triers
without the right the part OF the prisoner to OBJ
ltet; but eince that rule was established
taeTe had been very great changes and revolutions
Ia the administration OF criminal justice, and said
Dir. Graham, at 10 possible at all times for lhe
Court 10 have regard TO the eIigenees OF the case
before II. In this case, II would be improper to
enter into tie details at this time the purpose Of
establishing the truth OF what 1 say. This
Ease Involves complications that are particularly
Interesting TO tie counsel for the uriHoIar which