The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1870-05-11

The end Reached at I.ast-T6S Prison
er - Acquitted The Charge of Re
eOrder Hoekett-The Jury out Two
BOurs-The Prisoner Greatly Exeit-
ed-TheVsrdtctR Received with Cheers
NEW YORK, May 1O.-A little after elev-
en- o'clock the Court opened, and District
Attorny Garvin arose and commenced his
closing speech. Commenting first on the
extraordinary length of time taken by the
trial, he declared it the duty of the Jury
and himself to devote three times as much
time, if necessary, to give the prisoner a
fair trial. Passing on TO the case, he said
that no man had right to take the law
into his own hands. Perhaps Richardson
and Mrs. Mcfarland We're innocent. Rich
ardson was brave man, who had devo-
ted himself to the service of his country
during the war Was he likely man to
dlshonorably seduce mans wife? More
over, 1t was unlikely that Richardson
would marry his mistress. Men never do
except under compulsion. Mcfarland
had given up his wife for two wears. A
divorce was had, and on his death bed
Richardson married Mrs. Mcfarland as a
pure woman.
The Recorder then addressed the Jury
as follows: The accused is not to be ac-
quilted upon the speeches of counsel, or
convicted upon prejudice toward the dead
or living, or because public policy may de-
mand an example. They must consci-
entiously reject every fact or circumstance
IN the evidence which, in their estimation,
cannot illustrate the question of sanity or
insanity, or of malice, or which does not
bear upon the time, place, mode and act of
killing. The state of domestic relations
1t was not material for them to adiudicate
q hOx l,a
believe about them and how did that be
lief impress his mind, sanely or insanely d?
The Recorder then proceeded to charge
substantially every proposition of counsel
for defense upon the subject of insanity,
and continued: If YOU believe that the
accused armed himself with loaded pis-
tol and sought out deceased and shot him
upon grudge and malice, intending to kill,
he IS guilty of murder in the first degree.
If, having loaded pistol, he shot deceased
without intent or design to take his life
| and IN the heat of passion, then it may be
either manslaughter in the third or fourth
degree. The Recorder then charged most
of the points asked by defense as to the
first shooting, viz that it cannot be ta-
ken as evidence of malice, unless the pros
ecution is satisfied that the shooting was
| felonious and not In a state of insanity,
the Jurors are to discard it from their con-
sideration altogether. He declined to
charge that the non-prosecution of de-
! fendant, therefor is strong evidence that
/ the act was not deemed a crime at the
| time of its commission. The unfolding
or sprostration of the marriage relation
should have nothing to do with their YER
| dict. Fourierism, free love or sentiment
talism on one hand, and moral reflections
| upon the conduct of the deceased man or
living woman upon the other hand, are
not legitlmately to affect their verdict.
The lnhexlble rule of Jurors should be that
the aggreved husband or father, or rela-
tlves who takes the correction of a wrong
into his own hands with pistol or knife
and Is not insane when he did so, he is not
to acqult because it is the duty of any
man to uphold the sanchty of the mar
riage tie unassisted by legal procedure
If the prisoner took the law into his own
hands IN state'of sanity, and with malice
ne is guilty OF telonious killing; if in a
state OF insanity, he is not guilty.
At three o'clock the jury retired, and
they re-appeared in Court at ten minutes
to five O'Clock. The silence of death pre-.
vailed as they took their seats, and McFar.
land turned as pale as a sheet. The fore
1
tion, and Mcfarland stood up to face the
ljury. He trembled violently and clutchec
the railing beside HIM as if for support
'Is the prisoner at the bar guilty or moi
guilty?" came the question at last. "Not
guilty" was the answer The scene herr
beggars description. The whole audience
jumped to their feet and cheered as tho
determined to shake the house to its foun
dation. Even the Court officers Joined
in cheering. Men and women sprang owe,
the seats and struggled for the privilege o
dies divided their attention between tn,
liberated man and his counsel, whom thev
lavished with thanks Mcfarland wa
vsry much affected, and little Percy, in hi
ljoy, jumped upon a chair. and waving
handkerchief lent his voice to the cheer
ing. Mcfarland soon after left the cour
room and the crowd dispersed