The New York herald., 1870-04-08


make any evidence out OF any admissions that were
Tne Court WIN ask the District Attorney what
1ne Dstrct Attorney propose 10 show that the
son; tuat 40 stood taco 70 face; Klcnardson was
lying down ana Mcfarland was standing up said
Richardson in reply, eyes," ID presence OF the prs-
Oner.
The Court hall permit the question to be an
swered.
Counsel for the prlsoner--Note my exception.
By the District A.toraey1e, 70 In what condition
found Richardson iying on his back ON a bed.
Y; Where did tae PRISONER stand m reference to
RICHARDSON? A. placed hln near the loot OF the
bed close 60 the bed, so that one looked upon the
other.
Counsel for the prisoner--Now. object II your
Honor please, in the decision IN tue Court OF Ap-
peals IN the case OF tae people against Mcmahon,
tsa e nov sn .a' ar he goI into has
room II he had atlmtted lac shot hims tne law iea-
sous tnat ne was not Ia sucn s'a.e v,annn o, mna
against him, aud tiat also, at tho time tie ohcer
OF the law taxes him into custody, tnat the pri-
s0nef Knows he IL arrested, and ms nina u III sucn
state OF trepldat,on and excitement that MS
tongue should not be permitted to exert itseu
The objection was overruled.
The District Attorney.Q STATE what TOOK plsce!
Richardson said yes; arrested the prisoner IN room
No. 81, Westminster H0iel, West seventeenth street
s-at corner of Nassau and spruce streets, city Of
New YORK.
CROaS- EXAMINED.
Al long consultation between defendants counsel
closed the close oil the direct examination and but
one question was then put 70 the witness.
Made tns arrest ~ ten O'Clock that niSh, the Goth
sS.sSss''' TESTIMONY OF DR.. SWAN.
Dr: Charles x. swan. practising Physician spd q
aUnss va ss sS
vember last; lrst saw him IA the editorial rooms IN
% IL Mss nsn s us snseas Uu eHnss srsas psa ne
cause Of ms Difficulty was gunshjt wound over
the region OF the stomach. Witness described the
wound was about two incaes below the breast
bone and f.e inches from the left nipple; passed
probe into the wouna; did not ascertain whether
there was foreign substance there; Richardson
NAMED in the editorial rooms of the tribune from
nfteen to twenty minutes aud from there he was
taken to room ll5 ASt0r House.
q. When did he get theres A. He got there little
before six O'Clock; about ten minutes before SIX
his death; was with HIM wnen ne died on the morn
Ing OF the "a Of December; that was about I'VE
the post mortem examination; the cause Of his death
was ganshot wound; subsequently found the ball
IN the wound; the Sa entered @ % tne peaiSastrc ,n
stomach; passed out of the stomach; next injured
one OF the small intestines; next grazed the left
kidney and lodged underneath the skin IN the left
lumbar region near the splna! column:
2: state the cause OF deatni A. Perltonitis.
The Court-witness has already stated the cause
Of death. What is the objecnonf
Counsel.We will show thai that they they go go excited tine the
lilM up by narcotics, which would nave dessroyed
him any way.
Witness-in stating the cause OF death we have to
state two causes; this the first cause was the
gunshot wound and the second was pertonits; the
iirst cause was the wound aud the other cause was
Q. State to the jury whether that wound was ne
cessarlly fatal.
The Court admitted the question. Witness replied
that the wound was necessarily fatal
CROs5.ExAMINED
n be.
sides yourseiif A. One properly, besides mc-Dr.
Lewis A. sayres; was attached az physician % % to tne
from the clothing OF Richardson; dld not see one
taken; az the time he first Richardson he recog-
nlZed present Mi. Sinclair, the pubsher; also re-
cognized Mr. Junius H. Browne; got there before Six
O'Clock; it TOOK him some TWO or three minutes
formed him he was wanted; Richardson was removed
to the Astor House on stretcner ne got there Se.
sa oeSik in e
one dose OF morphine by mouth TO Richardson and
applied p0ultlce to the wound; the morphine had
litbe or no effect; continued administering NOR
@. Was he under the effect OF opiates from that
time till ne dieds A. Oh no, Cir.
Q. Ill what time before his death did you con-
tnue administering 0patesf a. I'LL about twelve
or twenty hours before his death.
O. In What time did tue opiate begin TO act on
hm' A. The dose given him subcortaneOusy affected
him about eleven o'clock that night ne was not nn
or twenty hours preceding his death; he began to
fail In strength on the third DAY after ne was shot;
THE ASTOR HOUSE MARRIAGE CEREMONY.
g. Were yon present At any proceedings that took
party. A. presume you refer 10 the marriage cere-
the District Attorney objected.
Counsel-I am entitled to SHOW what he came
through TO base my argument to the jury.
The Court-Unless you demonstrate it In some
way do not think the question can be allowed.
The question was then read by the Official steno-
grapher without the addenda put to it by the W.T.
Counsel for the defence-I am entitled to show
what they dld with this man after they say McFar-
land had finished % M nun; the tney chose TO saks MN
and killed him IN that way have tne right to the
benefit Of that proof to this jury. ,o
Counsei-if they choose to submit HIM TO worse
excitement than that have the right % show that
to this jury. From the very time this witness com.
menced attending him down 70 the time Mr.. Rich.
their case, and have TO crOysexamine upon 1t. II
can satisfy this jury that this man could have lived
six seconds longer than he did but from what they
passed him through have the right to do so.
| The Court-Do v0u propose TO show that the fact
that Richardson was married was the cause Of his
death7
Counsel-I propose to show what agency that had
In bringing about spcedier death than hc would
Inc Court think ,nat must be afrmanye "p proof
as matter Of defence. do not think you have q
right to crossexatne to produce that testimony At
Counsel-They cannot rest their case unless they
satisfy you and this jury that the "a OF December
act OF Mcfarland, the deceased died. l have the
right to break down that case and to show that they
called the most horrible and desecratng bsasphemy
to their aid merely to secure this mans property and
not to soemnlze marriage, and thar that promoted
and hastened his death. They could have married
couples 70 marry by mere matter OF contract; 1t
did not need the interference Of any religious cere
woman as she stood by the side Of thar bed could
have agreed to become man and wife and the pro-
perty could have been assigned and secured by that
performance precisely IT. desired. 10 W8S not
ssay to bring In this blasphcmy for the purpose
OF giving apparent decency TO what was then going
on. II those who were called around him to pro-
long his lire hastened the time Of his dissolution let
me have the benefit OF that on cross. examination
before this Jury. Suppose show that they stranged
bimf have the right to show that
The C0urt-0h yes, Sir.
The counsel-lf can show that they put hts mind
under q greater pressure than physical strangtl-
| iation, can I not ahow III Have not the right
| to show that tue seed which was planted nearly
three years before, waered cultivated and nursed
hx ihis who sto0d arOund fhiS thina