The New York herald., 1870-05-11
Recorder Hackett's Charge to
the Jury.
"WAITING FOR THE VERDICT"
"N o Il @ u I l. II y"
The Jury's Verdict Backed by the
i. Popular Voice.

acommon euning In this. that both have terminal
peins The poet truly said, "Tme at last makes all
things event. Whether It is fraught with hope or
sorrow, the curtain must fall upon some scene. 1t
Is humanity's lot to suffer.
As sparks dy upward TO the sky
SO man Ia born to misery.
The details OF the trial just concluded reveal
chapter OF domestic happiness at IT'S opening ana of
family suffering ut ITS later stage that perhaps
has no parallel IN The Imagination Of our most
sensational writers. The late dccided cause cete-
ores-the Mcfarland trial Tor the assassination of
Albert D. Rlehardson-aas absorbed the attention of
this community beyond any trial which has oc.
Cured for many years. We hal the great sensa-
tion-some years ago now--of the McDonaid shoot
ing OF the cyprlan Virginia as she out Of Tay-
lor's saloon, corner OF White street and Broadway.
That case never came to a trial for the simple rea-
son that Mcdonald made his escape one fine evening
from the deputy sheriff who had him in charge. Said
deputy, instead OF condning his prisoner within the
walls and restraints Of prison, peranbalatei the
streets with him and eventually brought up al
hotel, from whence Mcdonald made his escape.
The BnrdellCunningham murder case soon fol.
lowed; and what young person brought up in this
city will ever forget the interest II created at the
tme?-an interest that even at this remote day
attaches to 1t. for the that the perpetrators
Of the murder were never discovered. and that the
circumstances OF the deed are still shrouded III mys-
terry.
The CotAdams case was.another OF those TRACE.
dies OF an earlier date, however, that have given to
the criminal annals OF our city notoriety and i'm.
portance that vests them with peculiar significance
whenever they furnish authorites--as they always
must-for the ruling and charges o. judges, for a
line OF defence Of counsel for the prisoner, and per-
haps, for the precedent and guidance of juries.
Cases OF Grim. are not as frequent with Us
as in the older communities OF Europe; but
1t may be naturally supposed that our more radical
and efectual way OF dealing with the wrongdoer,
is q bar TO the wolf who would invade the domestic
fold and makes criminal cases Of this kind OF rare
occurrence. Americans do not appeal III the matter
offact style OF the Britisher to verdict OF their
peers for compensation for lacerated feelings, for
outraged home for dishonored name; they reckon
the cost and they themselves in1ict the penalty. The
Sickles case Is one In point There the wronged
did his wrongdoer to the death, and
Jury OF his countrymen sanciided by their
solemn verdict the deed. Cole shot down
the yiolator Of his wfe's purity ana the
destroyer OF his honor, and jury OF his peers
exonerated him. Now we have the Mcfarland
Richardson case occupying the Court Of General
Sessions for full twenty-six DAYS, resulting In the
acquittal Of the man who shot down the seducer and
betrayer and once more asserts American manhood,
American jufles and American morality.
There was an immense crowd In the Railways yes
terday morning on the opening of the doors TO the
General Sessions, and Captain McCioskey had his
hands full TO preserve order and see to it that none
but authorized parties made their way in. The
ladies were out again In great strength, and among
them were a great many young misses Of "sweet
sixteen.n
Mr.. Sinclair, Mrs. Sinclair, Mrs. Calhoun and sew
eral of their friends were present in the reserved
quarters Of the room, and laughed aud chatted
among themselves as though they had come to wit
ness comedy instead OF listening to an argument
To jury who have the life Of fellow being In their
hands.
The Prosecution Summing Up.
District Attorney Garvin opened al ten minutes
past eleven. After referring TO tile long time the
trial had taken he spoke particularly Of the duties Of
jury sworn to decide upon their oahs on SO import
ant q question as that now presented to them.
Counsel then went over the whole details and salient
points of the testimony and In concluding exhorted
the jury 10 deliver verdict that would assure the
people that mans life cannot be taken by another
at Will, and with little or no provocation
The Recorders Charge.
The Recorder then proceeded 10 charge the jury as
follows:-
GENTLEMEN OF THE JURY ITO you and all
others who have assisted In this trial, Il must be an
especial cause OF congratuatlon that IL rapidly
draws TO close. All which remains unfulflled Is
the sworn deiberation and solemn conclusion which
your duty as jurors enjoins upon you. In a few
hours this case, which has daily been prominently
presented to the public eye during the past hve
weeks, Will pass quietly from its gaze, only to be
remembered for the precedent which may be estab.
lished by your verdict. That this has been trial
invested with great pubic Interest las you could
only have. notlced from the eager throng daily
besiegng the rooInl may properly be attributed
10 the fact that incidentally well as directly many
notable personages have been brought forward,
whose pubIlc positions and acts and sayings In
conjunction with the wife OF tile accused for various
years prior 10 the shooting had occasioned extfor
binary and dlfiuse comments. / must now ask your
lDIlnO
evenly the balance beam from which DEPEND the
the scales OF acquitai and conyiction--scaes into
which such o volume Of evidence has been placed,
The duty oS judge and jury is always diiicut at
the end OF those cases in which unavoidable latitude
has been given to evidence or has been taken by the
zeal OF counsel or consumed III eloquent addresses
upon either side. Your duty becomes eXtraordina-
rily d1nlcut under the extreme latitude taken by
evidence and counsel durlng,nis trial. and proceed
Ing fiom the peculiarite Of the defence. can beSt
Mken your labor now to that OF the gold miner VINO
Few grains OF gold; because really amid all these ac
cumulations OF evidence the Issues for yon to deter
mine are Few and capable OF being simplIted. IL 1t
had been possible al the outset 70 have known what
circumstances were clearly admissible in evidence,
AS directly bearing upon the insanity defence tifis
case might perhaps have been closed within week.
This accused, let me say at the outset OF my charge,
Is not to be either convicted acquitted upon the
speeches Of counsel nor acquitted upon sympathy
Tor hm or his Chad. or convicted upon prejudice to-
ward the dead or the living, or convicted because
pubic policy may demaud example. feel il my duty
also TO remind you teat no persons beyond the ac-
cused are on trial. except In so lar they have been
material Witnesses and then only their credbllty as
witnesses on the trial is to pe considered by yor
know that man Is so constituted by the intimate re.
laton between his intellectual and affective or emo
tonal qualities that 1t is difficult for him in any con-
dltion Of nfe TO keep sympathy or pref udioe from
Warpfng judgment; but in the jury box the Juror
mustcIosey selicatechise IN order to discover II he
can, whether either prejudice or sympathy exist in
his mind. II either has impressed him, whether
from remarks OF counsel or Judge or from his own
creations, that sympathy OF prejudice must be
sternly lald aside. sympathy Is just as much TO he
sympatiy. only that you might, II possible, probe
the mind Of the accused and nnd out what manner
OF man he was, ana how certain unoward circunl-
or excasably has so much testimony been admitted
OF q character which, when disconnected n0m the
foregoing inquiry becomes wholly irrelevant.
deem It my duty TO more particularly caution you
against mixing up the evidence favQraDIy or unfa.
v0rably with remarks Of counsel on either stde. ~