, 1870-05-10
TIE NcFARLAND TRIAL.
Mr.. Gruhn1nss ATrument-McFnr-
land As sGui1sy oil Murder or Moth
ipUs,-lusHnfxy the Sole Ground OF

AAARAkAA-A4A AA9AAAA%
Ir. Grnhnnss AFrument-McFAr-
land HGui1sy oil Murder or Moth.
inKs,-lnsHnfxY the Sole Ground or
Defence.
From Mf Et4o Tori 7ym4, AayT.
Tho court opened promptly at II o'clock, but,
wing TO tho crunh, it was several minutes be-
ofe Mr. Graham corld gsin aecess to the room.
Ie came loaded down with = pile Of briefs WAS
reIconed by his associate, Afr. Gerry, and sat
OWL fos \ moment. Meanwhile the District
Artorney And M1. Davis were observed holding
conference With tbs Recorder, and At its con-
1usion
MIR. Graham commenced his addzes8 to.
he jury At lilo, spoke till the recessr at 1:15.
es1ned his Argument 1t 1:55, End conchnted
'o1ty five minutes during which he was contin-
lally speaking. His exo1dium occupied about
.wenty minutes IN the delivery, an.l thea, atteF
thanking the Court and tho jury far hepatient
and referring to three cases in which he hAd
been previously called upon to defend the sanc-
Ity OF the marriage tie, he entered upon the
facts with which ho wished to impress the jury
Davis, AZ the private counsel in the casa, and
said that as Lc had now withdrawn from it, it
would be ungenerpus in him Mr.. Graham) to
mike more than passing allnsion to his con-
nection With it, and that only to show thas tho
against tho prisoner Mr. Graham alluded to
tie course which the prosecution had seen 1t
to adopt in the selection of the jury, in e1clud-
ing three competent men for no other
1c7son than that they were Of the same nation
ality IS the prisoner; and then cited incidents
which llnd arisen in the conrsc OF the trial.
showing that the prosecution WAS instigatcd
By cabl who were arrayed IN deadly hostility
to bis Client
In commencing his assertion OF tho general
principles Of law, which he clsinel governed
this case, Mr.. Graham made tho bold dcclsra-
ton TINT cFarland was guilty OF murder Sof
nothing; There ce1ld be DO compromise yer
dict IN thus case. The prosecution WAS bound
70 make out the charge, as set forth in the in
dictment, which IS wllful murder. or they
nnst accept averltict OF aciluttal Mcfarland
killed Richardson that WAS admitted-but he
killed him while he WAS 1aboring under such =
condition Of nalnd as rendered him irespona1-
who committed crime while be wss in \ statc
Of insanity must not be adiudged guilty
The jury must weigh the eviItance on this
point well, aud il they wera satiafed that
the prisoner Was insane on the day and ut
the moment Of committing the deed, he
must be acquitted entirely; md II there was
the least doubt in their mirds on this point,
they must give the prisoner the benefit Of that
doubt, The prosecution could not offer in
this case to compromise On 4 verdict and &C.
cent one for anT degree Of manalsushter; Il
the prisoner wss responsible at Ill, be was re-
snonsiblo for the hirhest cr1me knowu to the
law. Mr.. Grahan. thon ARMED that il Was 4
vc11-estahlish fact th,t man might be saua
as Tegards Ill mankind, and vet be insane With
respect to nn inliy1dua1 as Eas instanced in
fhe Cnle- -Hi.ccck f-asr. ard in that nf Sickles-
Kov. He aJ],ided to Tho yarious theor;es Of
insanity. citing tte paycholoRical. the somatic,
and 4hs intermediate in ;lfnstration-the for
ner heinc thst the eoul alone is diseased, the
SECOND. 3hat The diaeased bodv atYccta tho
mind Ind tha 1stter that both ara In nn nb-
normal condition,
Counsel quoted freefv from the Bibla TO
show in what egtination tho narriaee relation
wns hela hy, ma Deitv. He onoted Tie Seyenth
and Tenth Cn,nnantsments- decl.,inr thst
Ric],aIIlson had violated both and iustIy snf-
ferrti tha nenaltv. The lecnl n,opositions in
Graham decJ1ret1 tI,t the nrnsecutinn h.,l mt
mnde ont eycn = nrina f1cie casa. for thev
h.I 9a;Iad - s1,,sr th.t WcF.r1,r5 ma a.na Il
40 t;1na ~ tho: sboo+irv NJ o1a f-nr, tha
Tr,hune , of;ra baI haen co11s5 to ahow h;s
s,n;tv ,or wss C.nt,;n an,;re WIN aTrastai
Kim .ssad nnest;on m that mint S1
Mar.t, .s -. rs,1t ~ h.e, +Ln r,EEoaa.t,.;,,,
S,eat ~ -as,,art a. 49, th.t @ ha ~ ~ np,hamS hsi
At nno tiTne ser;ona tbonrhts of snb-
a;,+;rns 49, ,.sa |;44art .r,,U,an, -
s4atadG;+ l. ~ ~ 7s;a.c. ~ .h,1 dsree.na ,,i,;,,
bnro da.,e ~ % ~ ,,d + mi hsa, ~ tba con1s,I
1;rsr 1,;,n o1, oo Tnn-s.v hv Hon Hn,1, Ma
Stra1i ,rt,n1,, h. rons;1:,o1 +ba .b1a.t ~
tha i,,- nnt.r;,hot,nd;-e h;a .rsnea; 49,.
49,, Ita IL. .ss,,,. ss,.s1 - .,,a .1ase
1aon e's Pun .1l9 p!w9 ~ N1e Iioee, tno ~.
! sa, 1aat tsst.o 80! w. Iab Acba1 Po' n.o
.a9u!'s ~ Muei4 W. 49, ott.u ee'eI - 1uo ~
Gn.ner eoqnsei ,t eneo IT a1otn .ne n3ah .Mmoeta
blackstone, !ord Hale, and other Enshsh ail-
thoElues, and hosts or American 1ut1sts upon
| the subject OF insanity alone. A case was
| cited where prisoner, under indictment for
fe!onious assault and battery, whose counsel
presented the plea of insanity, oTerru1ed the
IrDjr ball H. ~&o9A An &tnn TO-