The New York herald., 1870-05-03

u AL the time You sneak of--ls86s A. don't reooi-
:. oc. WIS aley were living AZ the time; ME. M;Fa
iauu let town very early In thar year.
V DO You recollect where she went TO that sum-
meT Sils went to the White Mountains Shelbourne,
q While Mrs. Mcfarland was at the White Noun.
!aiis you were IA correspondence with her A.
was. M
4 O Some letters have been producei ana read here
wfuLsnby your Al presume wrote them; have
z. You have not read them as publshedi A.
q. DO yol recoliect how long sre renamed at inc
Whito Mountains A. Through the summer, | think
2. DO yourecollect ABOUT how long Mrs. McF F.rland
reinainei away from the CITY In the snner " 1907
A, tnH ~, VStope, , il.ie caier
so; cannot be positive. tf
Letter lexhibit IL. shown TO witness. ~
+ q Is that your letter. A. Yes.
do not think could tell without looking AT IT,
X O. Look at it, and read 1t If you tn.uS proper. A..
O. 1t is dated Juno "a, 1902 A. Yes.
O. Before Mrs. Mcfarland went to the White Noun
tans had the sibjo; OF hcr going the stage been
the subject OF conversation between your
Z 0bjected ".
fne oourt~what is the ground OF objection,
COunSel--That they cannot make u case against
Mcfarland by Conversations that this witness and
Mrs. Mcfarland held together
Mr.. Davis--I propose merely to show that tho
PROJECT OF gong on the stage was the subject 0r
conversation between them.
Counsel for tho defence =. don't object TO that II 1t
q. would first ask IL Mrs. Mcfarland had not
given realings la Aprllf A. Before she went
Q:'Prlor 10 that time hal Mrs. Mcfarland been &C
customed 10 give reldlngsa
The Conrt~State the ground OF objection.
Counsel for the delence-It Is not Mrs. McFar-
LANDS department In that particular which Is the
SUBJECT OF investigation here; 1t Is the prisoner Mr.
MoFarlands department., aud him alone that u on
trial. t
MFR. Davis--we propose to prove the fact that she
tiat her husband attended them, aud manlfesred
his approval or them. We propose to show In laet,
stage had been long considered subject between
herself and her husband. | will state definitely
what we propose to prove o IN 1861. after laii-
ure on the part OF the prison. to procure Office
under President LincOln's administration. McFar-
laad and his wife went 10 Madison to reside there,
ana they remained there about fifteen months, with
no business earning nothing on his part, but
living on the remnants vi certain property which
he formerly possessed In this city, aud that
during and after thaG time Mrs. Mcfarland had
gwen some public readings In that city, Madison,
WIS. and particularly had given one or two public
composed or the ladies' OF rnat csy for the pUr"ose
OF rasug relief for wounded soldiers She was very
successful. so much so that she commanded much
encomiums That at that time her husband pro-
posed to her that, as she had manifested
such dramatic talent on these occasions, 1t
oe 70 me- Gss % r her er ne aa @
from some proper instructor to 1T her for the stlg.
That with this Intention, and under this understand
left Madison and came TO this city. That mcfarland
put MS vile under the instruction OF Mr.. George
vandeaholr for the purpose OF fitting her for the
8 age That she remained under the in
structon OF Mrs. vandeunod mot being abe
to pay the higher rate OF instruction charged
in the enrolment o.fice. which furnished him with
means sufficient ro support his family, and that con-
steausniy for mat time @ the idea Of gsng n on me
In connection with these letters that the letters
which were written by tins lady now on the stand
v.uu tn MrJ IoEa ah Frnin fnA ,t.r
were road TO and approved BY the prisoner at the
bar; that when he. Mr.. Mcfarland himself. went with
hi wife to her father home In 1866 their cOnversa-
ton was on that subject The iettars Of
Mrs. Calhoun were read 10 him aud heartily
by him, and he av0wed at that imo
mode OF supporting tho family-of her going on rno
stage after their return. We intend to show that
Mcfarland attended her representations while on
th, stage, criticised and commended them; that
MIS- Calhoun the lady on the stand, with Mrs. SIN
clair and oiher lady friends. aided In preparing and
providing her with dresses she being at tins tIino In
such case of destltul0n that she had no
dress befttiDg her to wear upon the stage in
any part she might undeTtaks and snas those ladies'
for her suitable apparel Aud, further, We wil show
that Mcfarland himself, OH several occasions was
and that he received the scant earnings OF his wife
while she was 20 employed and applied most or all Of
te 70 ss Gw 70 1w tSs
to he established BY the deence,. that this
ever conneCIed with her subsequent separation from
her husband. To do away with the pretsXt OF CON.
spiracy and to show your Honor % ana me Jury mat
the cOn3entand appr0val--the original express con-
sent-Of Mcfarland the husband. Therefore we con.
tend that the testimony IS Clearly cOmteten And
by this testimony we propose 70 show that the let
ters about which 80 much scandal has been made
the letters written by the lady now on the stand,
written out OF the kindness OF her heart In her
efforts to procure the means OF livelihood for this,
at that time, almost desOate family.
The COnrt-rhere Is 10 evidence adduced to show
that Mcfarland ever objected to his wife going on
the stage. l understand that the conspiracy
claimed by the defence u that thts lady and others
the purpose Of alternating the affections Of Mrs.
Mcfarland rom her husband. and that these letters
were wr itten with that intent. You propose to
show tic contrary. Will allow you to show-fOr
IL IL an issue RAISED by the defence-hat Mrs. McFar
land, for the purpose OF supporting or partly sup
porting herself and husband went upon the stage,
and to dsprOve the other fact relied on that Mcfar
land was ut this time worth S150,o00. Exception.
EXAMINATION RESUMED.
q. State what you know Of Mrs. Mcfarland giving
readings prior TO ner going 20 the White Mountains
A. at ended one OF her readings in April. 1856.
o. Where was that given A. In SteiDway Hall.
z. DO you recoilect now chat reading was gotten
up FOR her bene1tS A. IL was got up by her frIedds.
know that her friends myself among the number,
took most OF the tickets and paid her for them. q
Objected to, counsel contending that the prosecu.
ton could not make out that the prisoner aid not
support his wife because she accented charity.
Mi. Davs--We propose 20 follow this up by show
ing thai lor the purpose OF relieving the auly tho
friends arranged for these public readings aud took
upon themselves the responsibility OF purchasing
tickets for them in large quantities and distributing
them for the purpose OF making up an audience.
The Court--Was that with the knowledge Of the
husbandg
Mr. Davis--we will prove that BY other witnesses.
The COurt---Acceptng the Integrity Of your state.
ment will allow you to go on.
Exception taken.
q. Did you at chat time know for what purpose
these readings were got ups a. Yes.
state what 1t was.
Objected 10 and sustained.
Q. Before she left for she White Mountains had son
COnyer5ed with her about tine staee2 A. Yes
q. After she reached there you wrote letters one
Of which showed your A. Yes.
Q. The first letter IN which reference IL made to
the stage il that OF the Gath June, lS66s A. Yes.
Second letter produced
q. Is that your handwriting theres A. Yes
O. There Ia nothing In Il to indicate the date and
wish to call your attention TO this letter; wait
you to read this paragraph
Counsel i0r tue prisoner objected to 10.
The Court held that II was irrelevant.
EX-Jutge Davis C0ntended that it vas proper tina +
the witness should cOnstrue her own wrting.
Counsel for the prisoner submitted that It was for
the Jury to consider fts