New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-07
THE MCFARLAND TRIAL.
TWENTY-THIRD DAY.
SUMMING UP SPEECH BY JOHN GRAHAM-AD-
JOURNMENT UNTIL MONDAY.

trial. attracted an immense crowd to the supreme court
Room, Part L. yesterday, where the trial has been held,
and long before the hour for opening the Court arrived
the completely filed, and the crowd overlooked
into the Special Term adjoining, and although by
contingency they likely to hear word that was
said they patiently waited for opportunity to get into
the trial room proper.
The Recorder present puncually at II m, and
after few moments delay caused by the nonarrya Oh
Mr. Graham the Court was formally opened the names
Of the jurynen called by Mr.. Vandevecr, and at lllO
a. III. Mr.. Graham commenced his summing up speech.
confined himself to stating the legal propositions con-
tanned In the case and Monday will commence TO re-
view evidence which will probably occupy two days
The following ia his argument:
MAY 1T PLEASE THE COURT AND GENTLEMEN OF THE
JURY: How cOnsong must be this day TO this afflicted,
sorrowng, and heartbroken mani He Is at last where
he has no dread to be- before jury of his peers
the highest social privilege him by the laws
of his country Within his bosom, for many dreary
hour he has carried weight Of guish ike unto which
the neither milestone ag1rativeiy speaking may be al
most said to be as light as air Death, sttppea VI .Ho
might be to him harbor OF repose Long enough has he
endured the petng OF the Inercless storm who does
not now trust that he may find asylum in your ustee
TEMPER il with mercy as you yourselves expect forgive
ness. To you my fellow men, through me, ms nunpie
his Worldly hopes and s earthly destiny him
are united the wrongs OF dishonored husbandl an
told IA" fIs loved not Wisely but too well" You
have heard OF the particulars OF his sad career
Have you not each OF yoG during the developments
OF this unnatural investigation, asked yourselves over
and again the question: Could have done less than
he did, and might not have done morei Who can tell
the capacity OF the human mind to withstand or resist
Who can make over the work OF the Omnipotenti Who
alter reverse his 1atf IL we turn our eyes 10
those trackless, unmeasured realms OF space which
abound with the monuments OF the vastnes, power and
wisdom of the Great Author Of ALL how are we dzzled
sense of our own ttleness Which of US could be vain
or irreligous enough TO question or seek 10 lhtrere
with the causes which regulate the mighty move,
with which our own sphere is as q speck, an. ana
with which it has not any ascerainable connections
Who check the light, restrain the heat which is
sues from the suni Who can appoint time for the
the advent Of the rain Who to the Of
night her svery brightness or despo her OF any OF hF
human power these not among human prerogatives
1t is to this category that we assign the human d
is the immortal soul bound its way to eternity. 1t
contains the element communicated to 1t from that
source and 1t is mpractcable for us 10 extngsh IT
altogether to create it anew or to endow II with d
srent rae ed 10 here pot cr io hat
point its action suspended for all secular purposes
leaving its possessor an involuntary agent III the eAecu
ton aud infection Of divine vengeance.
THE CHARGE AGAINST THE PRISONER.
What is the allegation of the prosecutions Not may
please the Court and you gentlemen of the jury that the
individual who has passed to his met an unmerted
doom; that if he sulled the marital honor Of his
neghbor he did not dsentte himself to lfe but simply
this: That however Just and righteous his reward, he
received at the hands Of unauthorized instrument
That depends the mental condition OF the slayer AT
the time OF the commission OF the act IL Is TINS CON
sderaton which meets you at the threshold and Is the
last to leave you at the close of this solemn proceeding
And here may be permitted TO return the thanks OF
my learned brother aud myself TO the Court for
the ameny we have experienced at ito hands from the
bity has been great Your trust has been most sacred
Many important questions have arisen TO be decided
upon the spur Of the moment. They have had to be
smmary disposed OF in order to enable the wheels OF
a @ to kfr from rG yoa during & so
associate and myself are concerned, we desire 70 maze
6s at
been prompted by humanity Of motive, by purity OF IN
To you, gentlemen of the jury. our obligations
are Overwhelming, We have taxed your patience
how to thank you. Your sacrifices have been great Re
member the great moral well as social duty OF this oe
cason In later life it may be qualification Ia you 10
refer to the incidents of this trial God grant that you
be spared to see the good results which may Issue
from your action this solemn occasion. Ii may be
the satsfactonas You turn back upon the occasion
which you will derive from its recollection, will prove
have compelled to sustain. If, In the manner of
either my associate myself you have discovered augh
my client let ask you to dismiss It from your
memory. Remember that it is the law OF humanity to
err, and however numerous the errors We may have
committed in your presence, rather credit them, II
ask of you, to an over sense Of fidelity to our
client.
This is the third occasion within twelve years on
which, although single man myself, have had the dis
tinguished honor conferred upon me Of uphodng and
defending the marriage relation Within that period the
three most exciting trials have occurred in the country
that have occurred, and it has been my dstin-
gushed privilege to appear in of those trials
Why it is when practically could not enter into the
sympathies OF such relation have been selected for
it is that I regard marriage a sacrament, and if
l thought less of it l might probably have con
/ regard it is well known and although my lot in
life is not suited to its practical advocacy nevertheless
far my theoretical predictions are concerned they
are of character which has induced my selection
a counsel to maintain the sacredness and inyoablty Of
that connection, on the different occasions to which
have referred To portray the tenderness of womans
nature to do justice to her charms to exhibit fairly her
perfection to represent her as she is has challenged and
successfully defed the greatest magina0ns, whether
exercised through the pen of the poet the brush Of the
painter, the chise of the sculptor The extreme dell
cacy and sensitiyeness Of her constitution UNFIT her
for those masculine contacts with me world
which are adapted to the sturder attributes OF
What more power does she desire what more
power can she have than she already exercises Her
power is unlimited in forming and moldng to her iklns
a husbands disposition. The potter hath not more
power the clay to form vessel unto honor and
butes and character her husband II there unhap-
pnes in the circle can S am hG GS
OF her companionshp, and sorrow disappears IN tne
enpied by the family queen beautifully stated in
Scripture prov. xxi, TO- ~: ,,or. -,,..
The her husband doth safely trust her that he shall have
She viii DO him good and not all the days finer lie
She se.keh wool and far and wo,leh s3s with Der
She while night and gveh meat to her household
' She sonSd de buye it. with the fruit Of her hands she
pant.th vineyard
She gireth her and Strengthened her
She good her candle goeth not out
She ayh her hands spindle and her hands hold the dsf
She hand the poor she reaheth forth her
hands TO the needy 49, =.
She afraid for her househo for al her household
clothed with scarlet -
She maieh coverings Of tapestry; her clothing silk and
purple. 49,, .,
Of the land.
She maleh linen selh III and devereth grles unto the
merchant.
strength clothing and she sha rejoice in time to