New-York tribune., 1870-05-11

admit the act but say the prisoner wac insane. To
prosecution in reply sad that could not be insane-aha
very dayi uiTty minutes before he committed the
-. transaction, in the ordinary writing ~ tbIs &
sicl ed by hlm with biz own name And the jury said
,eri1a But you have committed = mnrer n La 9aa
whaty % Mere doimg; Gig; and yop shall be executed for
tho cnc which has been a5verhnss hs Is no, nos
was Ge. 'eral In tho army, and came boWs oD,s
svracuse Uc armed the night previous 20 1 ~ nquse at
Of Hscock that bA wife had been denlcd BIZ We @ hans
train U In r ,b, the rs day OF the morning
tonai Convention Nv learned friend and myself ir
both members OF that Co 1vention. We had assembs
had taken the oath of oic. among Others HcocI"arb
had then adjourned Hscoc had gone down TO the hotel
called the stanwix Hail. he ba got hs dinner and
stopped first at the Deayan House, then be walked over
to stanwix Hall Tho frst maA ne ID met et. fun IA
he carried arms; he had cGiriea them for ia
years during which the Rebellion Lasted; he had
uses snufibox or box OF tobacco. He fut M his
the presence OF "a hundred men, There was a sudden
transport Of rage. There was sudden excitement that
might indeed have thrown man on bis balance. T7e
Justify it, ures cannot Justify IT, which courts say va
crime. They say now, they said then, that lures
should convict such man Of murder or some otLer
degree OF crime; and if the temptation was 50
come q man, then go to the Governor OF tho
pardon otherwise, do what he fting in tho case
but urcs should never take into their hands the Gne
tion Of mercy and pardon. but administer the law a.
they lind it, for those who jealous with or without
Another case, tho case OF sices has been TO-
fcrred 10 by my learned adversary There was man.
member Of Congress. / remember, well a. N had
from there this morning. the little white jusi
west OF the Jackson monument. sekles stood by the
window and this man Barton riding by on a horse
aud he got past tho window he waved bis handker
chief as sdulterous signal TO the woman who be
thought was standing by that window. Having heard
aduterous sign he seized his pistol be walked down in
front Of the Presidents heue and there met Key walk
ing back, for DO had left his horse at the stable;
ard he shot him three times, once while standing aud
twice on the ground; and sent him into eternity But
with all this old Judge Crawford said that tEe law
is that the man who takes vengeance INTO hs own hand
must be convicted OF the cTme and ne so charged ho
y; %S S e Sqsy Nent ur GI' IN a the Hd bu @ saws I
ought have been convicted q; murder or OF some sort
of ofense and that i should have been eit Gt ngli N
the District OF COnmba to The PRESIDENT say WntIer
"a matter Of mercy, he ought 70 be discharged or held
tell you, gentlemen Of the jury human laws arc made
duties good citizens and for this reason they have
organized Courts of Justice and organized ures II yol
give loose rein to this idea OF letting man eAecute hs
geance upon another you give power or HE ana
jealous man sees You OF me speahnS " hls WIG III
he presunes TO be too familiar ana ne taxes Your
life or mine, or any other valuable life that may exist
in the community and the vulgar verdict passed upon
the deed by certain rufans in our streets and hanging
about this town, is: Served him right" That the vulgar
idea OF justice, but il not true Justice nor law either
Gentlemen Of the Jury, want you to remernDur you
are under oath you sworn Just as soemny as am
to do your duty between the prisoner and the people.
You solemny swore you would fairly ana honesty Wy
That your duty; and that Is the duty kno" you WIZ
perform in this case.
Gentlemen, let US see how much there IL made ont
the subject Of insanity but before ! come
to that to notice single remark ofmy learned
adversary He says why is it that the bullet Of the in
iured husband always goes home aud kills, whilc po
Iiceman often escapes when fired at or man. living
in his house. beset by burglars, who fires or i mr.
at So often escapesi Policemen occasionally get killed.
but however often fired at we have seen tnat they do
case was lying on the in the midst OF general fight
in saloon and 20 pistols were fired all around, and no
lla1
sci says that bullet OF injured husband goes homo,
and will tell You Why It Is because bee ne Is nan a9Sss aSd
what he is doing is ready and prepared and hres with
cool, deliberate aim Now gentle men or the Jy Deioie
to conceded fact What is this prisoners temper ard
dispositions What years before he saw Mrs
Mcfarland and on the l3t OF March. 1867, and what
IL now Dr. Qumby says that over 30 years ago. or over
certainly, he man who would get into paroxysms
OF frenzy any Of real or Imaginary i'll win
against another. The doctors say be man Of ey-
mnd in connection with all have to say hereafter.
They DO not the frenzy that would absove from
crime they desire for revenge excitabe feel
ngs frOre, wrath, extraordinary expression or m9lg-
nty that il all the doctor means That was his char
He was living at No. u Anity- and Richardson
there. What was their condition to each otheri Tley
were frends-flends OF course Browhe say ne hesfS
and them talking together. They associated Win
each Gher nS Would i be come n the
sometimes coming home drunk early, at 2Or O'Clock IN
and found him in brutal state Of intoxcaon, and that
he had Ia stay there TIL he could get him quiet lie says
Mcfarland insisting going out IN that state
kept repeatedly getting up, aud was bent on going out
giving all the signs OF man III state oi drunken hM
SaG %an bn' and dcs It ~
this question: And the remarks OF Mrs. Nc
had left him. when she sent for her father for Oliver
Johnson and Mr.. Sinclair, at Mr. sinclairs house and
rived for She would not him before, how they had
conversation there how she undertook to tel her gei
interrupted her in the burden OF these statements which
she desired to make. she. however, did get out this
long you have driven from my heart every feeling
Of love which have had there" tell you that one
oner than anything In this evidence and speaks volumes
to you fathers husbands, and as TO men of common
rived Of the world as TO what translres netWeen
man and wife. Here was proud woman, welded 10
country from pillar TO post running off to Wisconsin. and
back 70 New Hampshire and of TO Boston ana naek 70
changing his residence every five six months and
guilty OF brutal intoxcation, We have shown on sew
ber of times she would leave him. Does that show any.
thing about the relations between themt No, II & OILY
shows that the and secrets Of married life are sacred
to husband and wife. She may nave Dack - % sho
may he hungry; She may be co she may De weary sne
NAV be struggling to give public readings; she may 80
to the theater she may work and struggle on year ar
year, but the time comes when hli. i,1 ,S ~ @
dawn and neither woman or man can slaHu IL any
longer and who tell what are te sumo lhSs II
woman who is injured in the tenderest f,e.s' oi hei
hearth. An,
Finally she went away and would not see this man I
her father came. He did come, and sue SAW ~
husDand-amOng ner lrlenus anu ~ "I' 'StiI n
were then and there TO separate and they dld teu
you the impure woman is not the one VINO oaIIes asy
her children with her. She is the wilc VINO edlcs ,'e
child behind and goes out into the world ad tahes %
own course. The woman that loves her enldiSn b
to them she Is the pare woman, ana fu' @ o IL
He gave his wife up Idon't care wheihof WI VIZ 49,
or Illegal they agreed to sepri,SS ,S % % stw each
never lived together aferward theS ho'c s", Lnr
other hut once since that time. lie mas never e'c
and sbe has never seen him. Now, them gentenen lT.
ms 20 ON from this point. What does TINS man 40 ne
goes down the very morning and talks WIN sira
Aud goes the very next day and talks with Johnson anu u
wherever you trace him you hnd that be Is say s ' ,h
he never expects live with this woman again. t' IA
time for that has gone by, that they nave sepo,I J
that bet ween them everything has come 70 an vl au
TINT intercOursc Cuh WI N'No iI"NN Nr'"N'