New-York tribune., 1870-04-09
THE MCFARLAND TRIAL

DIR. THOMAS r. NORRIS, ELisn o,pprrN AND
rnwARp ID. WATSON, JOHN p"'A''
AMOS J. CUMMINGS. Crr. of
M orovd in attendance at the Oouit "a
i"0 -. ,os,ordav or who vainly sTuss"u "
sc in was by far larger than on any ho halls
o. -, - Notore the opening Of the uoo'S' '
49,, s,a,rravs became crowded that u ',, ,,odo
..rv to send for a squad Of policemen, ,ision Mr.
Message for those who we're enti'ieu ~ q, at an
hP"s',eo anied by his son Percy came III ' o."
-, - and occupied his customai! S0"' = =,
cary hour ""U ~soI and the time Intervening be.
no" NJ the court spent IN CONVERSATION
ioiV 90 With friends who were present Inc space
rnr,ated 10 the ladies was occupied py solno i"uy
,notsos for the defense. At II O'CLOCK hecoi"'i
80, ,ook his seat upon the bonch ana the court Was
formally opened a ,,o ooso for
the defense He said -
yyrrp,r,srT TIE COURT AND JURY rise TO open
~. se on the part OF the defendant, to me friend OF
many wears as well as clcnt to-day, with prolouhu
"a ai, ,l consciousness Of the important and respoh
,lo dutv am endeavoring properly 20 PERFORM ana
NTH an gnialterng and steaGfast confidence that "hen
nt. trial shall have ended this defendant VIII be ooth
,a,i.o,sd and acquitted l earnestly pray that may
hs able TO clearly and well perform my oihce. stahu
here nrder the solemn oath Of member OF thls par WIN
vsrm ferver personal affection for tins defendant IN
~ presence not only of this Court. this jury and this
,o.e but.n that OF the civilized world, to tell you
- ~ an humble birth and struggling manhood. l
nec,fuly and earnestly ask OF you, Gentlemen OF the
Irrv Won ctzens husbands, fathers, brothers, sons
;,i ns,ence and attention to hear me. with deep and
.opn feeling Of your position, OF the sacedness
aud b,ppness Of your own homes, and OF yolr nemer
ou responsibility for your action IN this case to the de-
,pdapt 10 the community, and TO that Divine Creator
who holds us all in the hollow of His hand and by whom
l rs pray and believe that you will be guided to the
end GrgAt
Won have listened Gentlemen Of the Jury, TO the open
INC of This case by the learned DistrctAtorDey; you
have listened to the testimony that has been adduced on
the mart Of this prosecution and feel IL my duty at the
beCnnins 10 make some few illusions TO It,. A gentle
man Who so worthy and able, occupies the position OF
ps,ictAtoney. today has called TO his aid dstin-
eu.htd gentleman. time within but very few
yea lacking but two OF three Of being the choice
Of the Legislature OF this State for position in the
Senate Of the United States exJudge Of the Supreme
Court Of distinguished ability and reputation, and to-day
Repfeeuatiye Of the Monroe District in the House Of
Representatives Of the United States and tins defense
in an courtesy and hndness has the right at the very
outset aude TO this fact proof Of the weakness
Of tbs prosecution. The Distrct-Attorney is a
ocer the law and has the right TO bring TO his aid the
Attorney General Of the State also officer Of the
law and however disa Teeable their duties may be- they
nus, be performed But no private member Of the
Bar, whatever may be his sense Of obligation with
reference his duty in the defense OF parties charged
with cme had either by his oath OF Office by any
those considerations which appeal to honor and pro-
peiy for any consideration take part In prosecution
whose object to place citizen scafIOld, and place
him IN dsh0nored which the grass shall re-
fuse to grow And with personal regard for the gentle
man, may be permitted here TO say that he might
much better be in his place in the halls of Congress- rep
reDtng bis constituents and earning the money Of the
people which being paid to him for every hour that he
kplssns here taking part in the discussion Of those
Ei questions which sgitating Congress, instead OF
tsyug here for few miserable dollars TO compel this
RAJ 10 follow IN the footsteps Of the miserable murderer
that within hour of the time l addressing you,
upon the scafTOld has gone from time TO eternity.
Gentlemen of the Jury, the Distrct-Attornry in his
opening made appeal to you with reference TO the
discharge Of your duty and he spoke Of that dying hour
ylo allwise Providence has deereed later
ha to all and lie told you, gentlemen TO be-
ware lest in that dying hour you should have pang lest
u had not done your duty to the people here. Gentle
ntn, :hat dying hour will come. and answer that
marx othe D!stIictAtomey by saying to you, beware
hf in that dying hour you be obliged 10 reflect that
Without sufficient evidence yOn have sent into eternity
6 q your fclOwcitzens. The evidence the part Of
the prosecution is not volumnous, nor is it complex.
The first thing that would wish TO call your attention
TO is that witness who has been examined has pre-
tended that he heard Mr. Mcfarland. at the time Of tins
homicide, say word; nor what is Of vast more import
anee 10 this case has any witness observed the complex
hh the expression OF hs cOuntenance or OF his eyes.
Hm have been Of some considerable assistance TO us
he solution Of the questions which shall presently pre-
sn to you II we knew something with reference to the
expression Of this mans cOuntcnance and with reference
70 te expression OF the eye. There is another thing that
las some what surprised the counsel for the defense
wandering into that counlng..oom, lie knows not why
"no"' Tor some moments previous this man was in
linn mic NJ Da hat
is on this desk and II that paper could be produced it
would show strong evidence Of the condition OF his mind
uiha' time. But in some mysterious way that paper
las dsaIPeared and, gentlemen Of the jury shall
probably be obliged to try this without knowledge
WIS contents But this prosecution. during its progress.
\ 40 IHsent 10 you a piece OF testimony that upon
i0fmer occasion Mr. Mcfarland had into THE TRIB-
' oce be had gone to the door Of Mr.. snclars pri-
'Ae oheei he had found in that Office MI Richardson;
le Lad turned away and waited till he came out; and.
~siA me- as Richardson out, he cast his eye, the
sness said. toward Mcfarland. o the side glance OF
% 0etested eye, that conscious smile, that full insult
~sHp-h touches every nerve it makes me mad! Gen
"ensn we also learn from this prosecution that this
ush went armed. and we shall find. by and by that
uany month before, conscious Of that fate which he
eI'ed be had insured his life for the benefit OF the
ShsN client aud today she is rctIng On the pro-
seds Of lie Insurance.
VII now gentleman, enter as briefly as can upon an
Iiuon Of the defense in TINS case. and will, IN
IKE sentence state TO you that ii Is that: Az me tme
a aaot richardson vds pstoted By Daniel heIdrtdnd
Ia Mcfarland toas moi respOsb for action eher
n u eye Of God or by The lars Of The study OF the
uhu dtncut and complex. IL is a problem that has
.ever been and probably never will be solved. That We
a De able TO sustain the proposition which have
ualtd do not permit myself for moment to doubt.
Mat have done will justify for to the world. l can
my defense allege such my aecusers shall
had dumb 10 hear them. Gentlemen. We can only by
ine careful examination OF the entire antecedents
~ person supnosed TO DO insane, ever sat
stac,ory Approximate 10 conclusion. In :ais
i kse II will be necessary aud proper TO inquire
Il Een about the ancestors OF the defense Of his
ng relatives ana Of his entire history and character
ses as well as the circumstances Immediately attend
w aud surrounding the commission Of the homicide for
lch be on trial. iD order to arrive at satisfactory
o9casOn We have gentlemen Of the jury, ample pre-