New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-07
PRICE FOUR CENTS.


spices OF public prosecution.
THEIR DUTIES
Now, gentlemen, the formation OF the jury wa,
delayed day in this matter by the extreme oaptons
OF the prosecution Three competent jurors were
found-two OF them belonged 10 nation, and 10
another and yet for some other although they
were good and reputable ctizens the people OF this
mighty state through its accredited Organ the prose
decision OF this Indictment sateand this Is
anomalyin all capital cases, and In all cases inyolynga
tight TO exert what called Ave peremptory challenges
that is the right set aside juror for no other cause
oebw an mprisonmeun the state Prison for 10 years tho
prosecution have three pereptory challenges and gen
have a right which ia not conferred upon the King
OF England. The King OF England can set aside
the people Of this State eO walk into this Conri
a to an N c o ns
passed the most searching ordeal with view to the ex
hbition and discovery OF their incompeteney did In
tend originally date upon that, but could not
permit II TO without making at least this auson To
it, We have spent much already OF the time In this
trial that it is duty economze under any and all
circumstances. In common law, by grant from the King
and subsequently, by the statutes OF q and 2s Of Edward
the Third except in of treason, there what IL
called TriaO btitnguis That II, where foreigner was
and six Foreigners You viii perceive The wisdom Of the
English law and You will perceive that the law OF this
that the native or denizen would have kind OF
prejudice against foeignerhats before the foreigner
was made denizcnf he was put on trial for criminal
act with view to give him the farest opportunity for
deliyerance lie entitled To what called Irdtio
6tngus; that Is, jury one-half denzens and onehaf
foreigners.
ished, for the which have already anticipated
because where community is largely made up OF the
naturaized element ours H. there must be in every
jury sufficient representation OF the foreign interest
Hence statutes have enacted that no alien shall be
entitled to jury OF aliens aud strangers Tor the tal OF
any indictment whatever; because you cannot form a
jury in community like ours which is largely COM
posed of natqralized foreigners without necessarily
putting into that jury "a much foreign element as under
the wisdom Of the Common Law, was e1acted wherever
why then the DstrictAttorney OF this County, have
scarcely been able to believe is his act-conld recon,
the performance OF his judicial duty, to set aside three
citizens of this mighty state fog no other reason than
that people OF the State OF New York, sitting In this
Court represented in him and through him. did not like
their appearance is to me matter utterly nexpieabe,
and IL to a matter which leave to my learned adyer
sary to explain publicly If he may consider worthy an
explanation Of that kind.
EMPLOYMENT OF PRIVATE COUNSEL, AND COMMENTS on
THE RULINGS OF THE COURT.
Now gentlemen, in referring 10 the appearance OF
private counsel in this prosecution have stated that
would call your recollection back to some incidents OF
the trial. for the purpose OF showing how extremely pr
the feeling and interest which at the back Of
by te private counsel for the prosecution to Dr. Natl
son, who spoke OF knowing the defendant IN boston IN
1Si boarding in the same house with him. says the
WAS it a Fourierite establishment"
Now who suggested the question 10 him Has this
ton comnunicated to the private counsel OF this prose
cution the secrets OF marrgef there we're any secret
like that-for the purpose OF enabling him TO forestal
the doom OF this unhappy mani Another circumstance
is This: The question put TO Mr. Gillespie TO whether
Mr. Mcfarland did not put away his property to avoid
Now, upon what principle could an intermediary Of
that kind have in relation 70 the ira OF an Indictment
like thisi And who ii that suggested that question
to the private counsel representing this Irosecutoni
You win perceive how heartess that question Is be,aus.
If that man had put away his property ne ~oud hY'
have been for years past, as he Is now, paur. hS
would have had where i fruits t 81 n ro%r ~. SSn f
his children. and himself The very fact that at one
time he was man OF pI3perty ana mas, rUr yss paw o,
wicked it for this tase wicked "a % y wlte
counsel appearing in this prosecution .,,
Another question, gentemeI Exceeded any l
il is private aud public interest that is involved IN
the success OF this prosecution When DIR. Mcfarland
ing man TO disclose his fathers infrmty. what con
nection had that with this case More than that he
was asked whether he had not had positive collision
with his own father Who suggested that 10 the private
counsel for the prosecutonl Now comment upon thai
and unworthy OF when know that the tongue OF the
counsel pursued this has been silcneed FOL
alities any reflections upon IT.
Another question put by the same counsel to Or Nc
happy while he was sitting in state OF suspense,
and you viii remember err me manner OF I h s1 %
his boyf, Now, gentlemen, have been upward OF e
edge Of it almost with my mothers milk. have at;
tended courts OF justice for period OF 40 years, and
ont the prisoner at the bar for the purpose Of arraignns
him upon something which had transpired the pres
ence of the Court and Jury; aud say inlumanity
ike that ought never again TO be witnessed in court OF
justice. do not attribute To any badness OF heart
but believe that the counsel was so perfectly absorbed
In what he believed TO be his duty 10 his private interests
that he forgot the nominal public character OF this pr.
simply into private or personal Prosecution.
You will remember also, when the two lawyers were
here from Boston, who the counsel for Mrs McFar
land and who certainly would state nothing to her dis
advantage An attempt was made by my learned asso,
cate to get them the fact whether Richardson did
camaton OF his children. OF that would have
counsel thought it reeoncabe 10 his duty in this mater
to object to that course Of Interrogation and the Court
in the exercise of it, wisdom, had to sustain his objection
Ordinarily, gentlemen, public prosecution !; eoh,
Quoted by public prosecutor somewhat Irrespective OF
the technical rules OF evidence; Decase ther. ar CT
tain features of right which can never get out II the
rules of evidence are sever, " administered. But II
go into court, where the relS OF the prosecution are
held 10y the hands OF The pablo poSec utof 10 the eAc
sion OF private counsel you VIII ma that prosecutor l
variady giving some right to the deIcnse which, under
the strict administration OF justice could not be secured
that THIS Mrs MCFARLAND had received the proceeds Of
this insurance upon the life OF MI Richardson. Now,
that that would have more or less illuminated
this case and enabled You judge whether the theory
which we charge upon That wicked woman was well ar
ifounded that she chose between these two men, not
from principle of love, but because begger,
and one comparatively rich man.
was right to show this w-nlaking that gone
through at the Aston House when it supposed that
cessary to place his property IN that channel where II
has been the design OF this woman from the start to
place II.
TREATMENT OF MFARLAND-THIs CASE Is MURDER OR
NOTHING.
Another, gentlemen, and this was an exceedingly sc.
objection. look upon it, was after all the TRADE
which that counsel INDUCED with reference to Mr..
Mcfarland throwing his wife and children upon a pow
erty stricken fatherinaw for support was the objection
to our showing the letter Of Mr. Netherlands wife to him
in 1868, acknowledging the poverty Of her
father, and asking her husband to supply
them with bread and butter That would have rolled
back OF the studied testimony of Mr. Netherlands
Why. therefore, II the truth OF this
was meant he got at objection Of that kind should
~ eNlluncn