The New York herald., 1870-04-29


are nli Of one socielv, runn.ng tnrouRh oac
ca nnet welded to;ethcr ~ a eonsmoa pc.
common moral interest. Have i mol rigit -
show whe her u was not becausethat IN cons qienpe
o. the action OF ID, athcr IS Ia terence 70 the
proceeding ih3 wifntss co.'s d red iiins tn dan
ger, and whether or mol he would make stronger
oah than under other circumstances he would be
wiling 10 ind lge inf hold that the Language used
by your Honor was more forcih'c Than employed
by tbs defence, yet II 10 true Evory io'a II u as
been proved 10y the testimony thar has been lduce-
ina' not only ,hos, whopari ipated il that
but the aid r. and a'e tors Should te breu ht "
Is nmd Ih &c ses
McPar and Therefore tier bias On the rt of ti4s,
WI n sSe5. tt Ns
to who her he emp 0 cd private counsel 10 nct In
this p osecution. TIA Is competent In orler 10
show hls llas and impure his Gle libty, by rcas IN
oil MS spLa ntrrest n he matter. ~
Counsel for The pris0 er--l nave a right 10 show
that ls connect on in this matter was cOsiderc by
tle authorities oi this O., nty to lie crmina aud u at
he has motive In giving his tesLimony. ald pro-
ce,d IN that point .or the purpose of testing tae
The Court int.mated lat whittier the laws were
VIC ate by the ceremony whether the crime OF bi a.
my "as committed not, the O,urs VAS not there to
issue anl could not be intr duced on this tr al V.
Counsel for ine prisonerc ntenocd that he had 0
inpiiclted IN part OF TINS matte that 10 nad
strong in0ule IN gving M, te umlny; tnat nc
gentleman VINO interview "a him, aud th,t he told
HIN his evidence would bear against him On the
tIAl. 1r.fr
The Court-I shall exclu 10 thus question.
Counsel for the prisoner on red to show that tho
aclion II his Honor IA charging the Grand Jary di-
rected not only the including the principals In the
ceremony, but the alters and aDetors In that pro-
ceedihg; that the charge was rCat by the Wines
ald olucei certain amount OF bias and prejudice
in his mlnd and II at the wltDcss WAS now acting on
the principe Of self preservation. 't.e
1he Court-Tne question Is excluded.
The coun 'el Tor the pfisoncr again offered to show
thai the witneSs was Influenced by certain mo;vs
beng i'm 9cated IN the matter, aud that he wantc
10 Gear his connect On with it.
The Court--The charge was delivered subsequent
10 he D. 0;eedng.
Counsel ror the prIsoner-Your Honors language
has been su stained b. the evidence thai has been
addu ed. That uttered by your Honor was strongCr
lnan has been uttered on the side q the defence.
Crosse xaminati0n continued. z. Are you going
TO contribute pecunialiiy to the expenses OF this
prosecution A. do no know.
q. Are yoa going to contribute. Mr.. Creeleyf A.
II sno Id he asked 10 DO SO would. lLaugater).
q DO you know OF any person nav ng raised
money for the purpose OF u sistlng this prosecution
or has agreed 10 raise money! A. Dr. Aver, OF
LoweIl. wrote 10 me.
q. did not ask that-do you know OF any person,
40 YOU know Of any man that mas raised .noney ior
huadred dol ars iowa ds II:
Q. Have yoa ever appi,d to any one for money TO
aid this pi osecutonf A. No, sir.
q. Have you ever writen any editorials since this
occurrence, either in The Tribune or any 9th paper,
L,e Sub ect OF this casea a. cannot say whether
] ref rred directly TO IN case; wio.e an editorial
up IN the subJeat or revenge.
O. Tnen you treated THIS as case Of revenge and
wro Q upon if A. Yes.
Q. Wien you wfo;e the article you had tho case in
you're at the timer A. Yes, SIR
q. Have you written editorials for any other paper
except the Tribune? A. No
q. Have you ca sell any cdltorials or any cores
poldence TO be wrtc vi o. the suoeci2 a. No, sir.
Q. DID you ever know Nj Richardson u have u
pisto' A. No, sir.
Q. You never saw pistol in his possesslonf A.
Q. Do You know gentleman by the name OF Isaac
J. Rei12 l do not ~
o. We're OF iniervlewed BY any reporters from the
san newspaper shortly aner TIE ocCu rercef A.
reeoIect reporter coming to me; he did nt say he
BELONGED to tie sun
U, How long was that after the occurrences a
About TWO weeks.
Q. Whce did the interview take place. A. AT my
O. Did you read that Interview IN the newspapers?
A. l read what purporiei TO be an account olit
Q. Now will read yon a pat Of II Tor the pnlpose
you. You Say you did not Know his manner A. d.d
not say 20.
@. You knew he calei to interview your A. No;
he came To ask mo some questions.
q. Don't you know that IS whit they called "in,er-
viewlng' man? A. dom remember.
Counsel tn, q read portions OF the I'm cryiew,' to
the effect thas me WI ness stated lha t3ere Was
divorce between tie original parties. AMI 1t
seemed to HIM Oil rikht In justice, though
he dill not know about the technica calitios
OF the case ami beside thai Mcfarland hai 81, en- up
o. Did you state tlaf A. said nothing Ike It; II
IsAil anything II must have been Something Ike
that 10 which nave testified.
Counsel continu I'd TO featl"McFarlnnd toll me ne
woui have nothing more To do with The wOman.'
O. Do you remember whether you used iEaL ex.
preston. 'and lesies all lhis Mcfarland had given
up al right TO his wife long ago did you say thats
A. II spoke nytng like that 1t was substantially
tiai VIII n have tes ided
2 @. "It will go against Mac at the trial, but Will
ha TO testify to 1t. don want to hurt Mac, but
viii have to tell oil about IT, DID you say thats
@. lit win 60 against Mac at the trial; know is
WILL" Did you say that1 A. am certain did not;
] never SAID q word ABOUT Mcfarland being bad
9. Did you say ne was "drty, deliberate, id
villain - A. No, sir.
o. Did you swear In those exp essions-did you
mike use OF any oaths that you remembers A. No,
O. Didn't you swear on that occaslonp A. Not
once where they have punlished 1t live tines
(Laughter)
Z. Did you say Mcfarland was dirty, deliberate
o. Did you in that conversation with this gentle.
man maze threats OF any kind against Mr. McFar-
Q. Are your notions Of the marriage relations such
that II man tells yon wife was never more 10 be
hi, NV. wfo n mat yoa conside. ,,,i it q divorce9
The Court excluded the qtes ton.
Q. Did you consider when Mcfarland made use OF
the expression he was talking intcmpeIately or in
earnesti A. He was in earnest.
q. Do you want tile court aud jury TO believe that
the man who loved his wife, TO whom he had been
married for more than ten years at that time, and
who had nothing but little quarrel every day, such
as occurs, or Is likely to occur, between man and
wife-do you want the court and jury really to un-
derstand that when he made use Of that expression
you really considered he had seriously resigned all
claim TO his wiief A. answer that by stating that
he based his statement ,H ~
O. did not ask you that. Witness-I will answer
you If you let me.
O. Did you consider that when he made use OF
that expression, do you want 1t TO be so understood,
that he gave up the ownership Of his wifea A. lie
based that upon the Charges made against him when
she appeared before her father. a
Q. Did you really lor yourself believe that under
those circumstances he meant seriously to renounce
all ownership OF his wife when he acknowledged
what he told you? A. believe he meant what he
said.
q. Then You want the Court ana jury to under.
stand that from that time Mcfarland had given up
Gil right TO his we-you yourself consider that; do
you want 1t to be 80 undelstoodS A. can only
say
O. am asking you to give us your Judgment; do
you want this COSrt seriously TO believe That this
man, wno had nothing against his wife, according
to his own confession that he gave Up, peremptory
and absolute y, all right TO his wifeY Give us your
judgment; do you think he seriously meant to give
up al right TO his wife, A. understood him so.
@. Did you believe itf A. Yes.
O. Did y0u ever report that Iact to Richardson
A. Never.
q Did you ever encourage Richardson in word