The New York herald., 1870-03-08
THE MCFARLAND TRIAL.
Melton 70 Have the Case Set Down for Trial
in the april Term.
District Attorney Garvin and Counsel
Agree to be Ready on the 1st 0fApril-
Lively Tilt Between the Lawyers.


OF petty jurors was called, and only twenty-five
men having answered the Judge ordered an addi-
Iional panel to be made, returnable on Wednesday
THE RICHARDSON -M'FARLAND TRAGEDY.
The senior counsel for Daniel Mcfarland rose and
moved that the Court should designate the time for
the trial or the indictment against him for The alleged
murder Of Albert D. Richardson. lie said that his
counsei at the last term OF this court when motion
TO transfer the Indictment from this court TO the
Oyer and Terminer was Denied gave notice that
ne would be ready in i've weeks from
that day. There seemed 70 be an i'm
preston ON the part or the public press that
tue DEFENDANTS counsel wero responsible for
the delay, ana in order that the contrary might be
known his counsel had come there for tho purpose
of dlsav0wing any connection their part with the
time which had already elapsed without preparation
beng complete. The counsel said he felt unusually
sensitive upon this point, from the fact that the Dis
trct Attorney In his address TO the jury Ill the
OF Reynolds. who was recently convicted OF muir
der, undoubtedly referred to the Mcfarland case.
II the prosecuting ofiicer intended to discharge
from his bow arrow at this ana stigmatlze 1t
as occasionng delay to the motion OF the wheels OF
public justice, the remark was entirely unjusuned
by the facts Judge Garvin, in reply totne ausious
Of Mr.. Howe counsel for Reynoldsl about untred
prisoners now in the Tombs prison, said that in two
mony and others had gone to other places for the
same object. While the counsel ala not mean to
charge delay upon the prosecution, he meant TO
clean OF his record before the public that 1t shall
NOT appear that tue defendant was trying to keep
back this trial. but, on the contrary that he eager
to meet IT, The counsel then stated that certain In.
terrogatories were submitted to ths District At
torney, to which he appended cross nterrogato
but not SO promptly as the other SIDE would have
wished, which caused Q loss to them OF over twenty
Gays Counsel further remarked that the Judge
who tried the Reynolds case IJudge Ingraham, had
also 80 fling" to make at what he supposed would
be the defence to this Indictment, TO which he called
the attention or the Court. The denial OF the mo.
ton to transfer this indictment to the Oyer ana Ter.
miner deprived that Judge OF judicial repast which
ne had no doubt, whetted his appetite TO enjoy. He
told US what he meant to charge the jury In the case
OF Mcfarland, at least in what he supposed would be
one substantial aspect OF the defence ln order to
prevent prejudice to the defendant 1t was necessary
that the trial should be accelerated. IL this cOmmu-
nifty were TO be treated TO nothing unti this case was
brought on but reports OF murder trials; II
Jurors were TO be taught that every victim offered
ut the bar OF public justice must be sacrificed Inc
could not say such was the design; n the de-
sign was to cause the atmosphere IN which McFar-
land was to be tried be SO npregnated WITH preJu
dice that the real righteousness OF his VIII be
overlooked ana that he Will follow IL this long train
Of criminals convicted and consigned TO the galows
no more efectual method could be taken Of accom-.
plshlng that result than seemed to be taken by the
prosecuting officer OF this county. poor creature
ny the name OF Sheridan, who evidently In state
OF phrenzy killed man who mterfered in nis
domestic relations was ushered into the over and
Iermlner and IN the absence Of his counsel re-
CURED 70 plead as though The intention was to try
shat case IN advance OF this, and have the ema
nate from the same source from which the legal In
structons to the jury came IN the case OF Reynolds
aor 1.-THE counscl) urged the Court to assign time
Ior the trial Of this indictment. When
into The prosscutioR Of criminals a0rss he os.
that lmpartlallty which should be large
Court g compel the prosecuting olcer 70 be ready
st the time appointed. The counse said be was not
there TO say what the defence OF Mcfarland would
be. They had been very much annoyed by public2-
tons III the newspapers as to what the line OF the
defence would be, and as to the facts winch would
In the man false for the reason that when the three
counsel who would represent Mcfarland frst had
Masonic Oblg TO one another moi 10 re veal
thing IN reference TO the case. The cOunsel called
the attention OF the Court TO the fact that Judge In
graham presided on the trial or Cole In Albany ana
by his instructions to the jury he produced an unne
cessary disagreement. He was followed Dy Juage
ana that jury without much difficulty, acquitted
the, defendant Judge lngraham, IN the Rey-
boors cases ssss Of sid a ere ere e
Of them there have been things to justify the
conclusion s, sion OF insanlty; There were sometimes
moment while the act was being committed, but he
had dnever known such cases TO be proven. When
the District Attorney stood before the Jury ana en-
deavored 10 rive the fetters OF conviction upon an
innocent man he would tell them ''Here is the au-
thorIty Of Judge lngraham che Oldest Judge sitting
upon the bench OF our State. He gives you, az the
result Of an experience OF thirty years, that hc
never knew case Of this kind to be proved. This
idea OF q man being insane, or so mentally affected
at the time OF the perDeratl0n Of the act as to be
Irresponsible though perfectly sane before sane
immediately AFTER has been exploded and scattered
to the winds by the declaration OF this old reliable
ana experienced Judge" 1t would be impossible
cause some OF the COMMISSIONS mad not yet been re.
turned and time would be required to decide
whether they had all the evidence through that chan
The counsel asked his Honor to assign tho first
Monday OF April as the time Tor The trial Of In
dctment and to require the prosecution 10 be
really. He made the motion also In order that the
Court might make Its own arrangements to meet
trial OF such Importance. The trial would excite
The pubic mind beyond all measure Probably no
trial which had occurred In this city would occasion
the excitement That this was certain to engender.
Desses would be examined upon both sides SO that
IL would be necessary to make order for the sun
one or two thousand. The defence would nave to bo
furnished with copy OF the panel to be salts
neo with reference to the characteristics Of those
from whom the jury OF the defendant was to DO
selected. The counsel went to ventiiatc his ideas
respecting capital punishment, remarkng tnat he
was one OF those who believed that there was no
divine right for the irniction of punishment ike
tnaL Entertaining these views therefore, n0twith-
standing his responsibility was largely shared ia by
his aDle associates his Honor could well appreciate
the feelings under which he aDored reference 10
TINS or any similar case in winch ne was called upon
10 act as counsel for tue defenaant. He hoped the
motion would De granted
District Attorney Garvin, in reply TO the torrent OF
pIuperatIon whlcn fell from the counscl's lips In
stead OF following In tLo same strain said Ia cool
and dignled manner, that he was surprised ut some
OF the suggestions made by the counsel SO far as
any charge was intended 70 DC made against him
self OF intending TO delay the trial OF Mcfarland.
who was arralgned for murder, IL certainly must fall
to the ground when his Honor remembered wnat
had previously occurred IN the court. The District
Attorney went on 10 show that he cour;eonsy gave
notice To the counsel when their client would be
arlagned to plead; that the defence did not MAKE
any preparation for the trial from the 2st Deem
bar, 1862 untt the 2Ith OF January lS7o tnaL from
that time to rms. ho was.scrved with nterrogatores
Tor commissions, which he often examined Ia the
midst OF important TRIALS and which were promptly
returned with cross lnterrogatorles, and that
every facility was rendered To Mr.. Gerry, wno
had the matter In cnarge by him to procure
the testimony he required The District Attor-
ney continued TO state that ne did not In
tend to delay this trial. and that, although not
required by law to give them notice tof the day he
would DO SO. In audiDg TO the trial OF Reynolds,
which the counsel denounced as harsh proceed