The New York herald., 1870-04-09

theatre. was next examined. She testified as fol,
ows:-i reside at No. 81 East Fifty.slxtn street;
defendant, Daniel Mcfarland; he as came to our
sss and dasd sSsrs un par' this
he had the BACK room on the second moor; Percy,
meals occasionaily; my mother occupied the entire
house; my mother and slept IN room on the third
Mr. pS two aSs snd @
was obtained by ringing bell; we usually retired
between ten and eleven; II Mr. Mcfarland left At
accden tally; there was society in the house for
him; after ne had been there some time noticed
previously, however he had been very regular; usu.
ally he came after his son Percy returned
from school, sometimes ne came nome aD0nt
evening gentleman came 10 see him and remained
until twelve o'clock; 1t the last week ne was IN
occurrence; remember Of his going out one morn.
Ing about two O'Clock; 1t was q origns nioohngnt
might nssrd am open pen ns aooT remember hm
coming home on Thanksglving Day; recollect 4
because OF my brother going to matinee WIN WIN
there was also key on the inside and any one de.
srng TO go out could do so there were no 0oits Sar
he payna week advance That
the week before the occurrence
by the District Att0rney-Q DID you see TINS man
opening the door on the morning you speak OH A.
heard Mr. Mcfarland open the door:
Q. You did not see him; how dld you know 1t
MIs As
Q, That was the only way you knew it was Mr..
McFarlahds A. Yes, sir; and heard him returning.
q. That the only way you have OF dentlfylng hiInF
Cross-examined The way know 1t was Mr..
Mcfarland that went IN and came back was by MS
O'Clock Ia the morning; was IN bed ut the time:
there was a light in my room; only Judge That n
was TWO O'Clock; nc paid the BOARD Always 10 aa
vance, on the 24th or November, the day before the
shooting, he sent to my mother by Percy.
?. rI, TESTIMONY OF ANNA II. BURNS
Anna H. Burns, examined--I reside IN Boston;
came mere to be q witness; am stopping IN
Daniel Mcfarland ior more than twenty years. there
photograph OF Mrs. Mcfarland shown and ldenti-
fiedl; was present at the marriage ceremony or
Mcfarland at Theodore Parker's church lI Boston;
he Is dead nOw that picture represents the lady to
whom Mcfarland was married; certificate OF mar
rlage exhibited, dated December IA 1850; the mar
riage took place December H. 1851; recognize the
handwriting oil the certificate OF Theodore Parker.
Tne counsel then read the certificate as rOllows:
THE MFARLASD MARRIAGE CERTIFICATE
Miss ASSe Sage Of H. were this
joined in marriage before me at this place ..vp.
EXAMINATION RESUMED.
Hast saw AbDie NJ. Sage, VINO became wife OF Dan !.
iei Mcfarland on che lst OF the present month at
Woodside n. j.; she went there by the name OF Mrs
Richardson; she was living with Mr.. Richards0n's s
children ana one OF her own; do not kaow MRS:
dealer in periodicals at SOC washington, near Dover
street. Boston, he kept store there last Marcn year
ago.
know he keeps the store by repute only.
Counsel-We will show how this mans wIfe's
family, Notwithstanding his kindness to them, have
turned against him.
Associate Counse-The prisoner supported them
Juage Davis-I submit that this is not proper sir.
TESTIMONY OF GEORGE IL. SIMMONS.
George II. simmons resides at BlackwelIs Island; Is
Of the insane asylum on the island covering the year
lS47.
name OF Francis McFarlandy A. Yes 1t Is here
The inquiry was objected to by the District Attor-
ney.
Counsel-To show hereditary insanity IN the fam.
lily. submit that the Assistant District Attorney
Sy s The case must De trled by the best models In
English trials and not by the capttOuS objections OF
q private counsel VINO goes begging to make mp a
The Court-It will be proper to connect this Fran
CHS Mcfarland with the defendant If they were
Counsei-This Francis Mcfarland was the first
cousin OF the defendant and we desire to snow the
tant OF hereditary insanity rom the close connec-
Witness-The record does not show how long
Mcfarland renamed IN the asylum he was there
The cross-examinatlon was unimportant
TESTIMONY OF THOMAS P. NORRIS.
Thomas p Norris testifed-Physcian for sixteen
years; knew Francis Mcfarland referred to III the
records OF the Lunatic Asylum; knew him wear
daughter in Main street, Brooklyn; his daughter Is
q Mrs. OlIver; saw her week ago; Mcfarland, at
the time Of his death, was about fortystx years Of
"i the portrait Of Daniel Mcfarland shown to wit
ness. Never saw Mcfarland TIL Monday last.
Is there any resemblance Ia that likeness WIN
that OF Mr.. Francis McFarlands
Cornsei-We desire to establish an Identity be.
tween Francis Mcfarland, who was insane, and the
The Court--Wnl not Mrs. Oliver prove that better
nco1 yVa nv fn hQv va 10 n W wan
to connect the evidence OF each witness who can
speak 10 the aberrarion OF Francis Mcfarland, the
first cousin OF the defendant
Judge Davis-Whar has this to do with the case
There is nothing but waste OF time IN pursuing
Counsel-These objections must be stopped. There
Is no waste Of time but that which follows these
capti0us Interruptions.
z. What was the state or Francis McFarland's
mind for year before his deaths
ExJudge Davis objected to an attempt to prove
insanity by collateral evidence.
The Court admitted the question.
A. He exhibited at times all rritability Of temper
and considerable nconerence in conversation quite
noticeable by those who visited his family: my i'm
preston at tue time was that at times he was wan
derng in his mindin other words, he seemed to bt
disordered IN his mind; he exhibited desire tt
exclude persons from visiting his family, and
seemed to be jealous OF any attention paid
10 any member OF his family; he appre-
hended those VINO called to see his family came from
some interested motive hence he was jealous OF al
those persons who visited his family; tnau was my
impression OF his disposition at that time; he was
an Idiot,c laugh, and during conversation at times
| would seem to be quite indifferent ana again ht
| would wake up and grunt Ou "Wnatn "Eh ~ with
out remembering anything Of what had transpred.
| Cross-examined-Q DID this continue up TO the
| time Of his death? A IL did.
Q. Iii reference TO his memory what have You K
| say on tnat subject? A. cannot call to mind any
particulars about that; ne did not exhibit any capa
| city for business Tor several months before HI
| death: his conversation was incOherenJ, more es
| pc cially so towards his death knew he had beer
| In ihe Lunatic Asylum on Blackwell's Island ant
father OF Mrs. Mary A. Oliver
tie lady who lives IN Philadelphia; he finally wOunC
! up with perfect loss OF mind; SO much were his
mental capacities weakened that he was utterly un
| able to attend to himself he was, however a mar
Of regular nabits he was very fond OF his home and
! was jealous when his domestic arrangements
were interfered with he was also OF very temperate
| habits; am merely giving historical story.
Crossexamined by ex-Judge Davis-l am ply
sician but was not at the Time have referred To;
am now fortyone years or age, and have spoken OF
the recOectlOns OF my boyh0Od; have to some ex-
tent gwen the symptoms Of softening Of the brain