Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-04-07
ASSOCIATED PRESS REPORTS.

James y. Smith to the u. s. Senate, and seven
vacancies remain to be filed.
ASSOCIATED PRESS REPORTS.
THE MCFARLAND MURDER TRIAL.
Opening Argument Of the Prosecu.
tfOn-1bey Contend for q Verdict ~f
murder I'm the First Degree''-Ex.
amimaiiOn Of witnesses Bexun-Eyf.
denee - to the Shooting.
Teiegraphed Esclusiuely to The Evening Star.
NEW YORK, April THE Mcfarland trial
was resumed this morning. There was a great
crowd present. The prisoner preserved the
same calm composure that has marked his de-
meanor since the beginning Of the trial.
Upon the Recorders taking his seat, the jury
roll was called, twelve answering to their names.
District Attorney Garvin then proceeded to
open the case en- the part OF the people. He
said the prosecuting officer for city or county
like New York has very solemn aud responsible
duties devolving upon hlm in cases like the pre-
sent. He has double duty TO perform: to the
prisoner and to the people. That responsibility
would be too great for any one man to bear,
were it not that finally the case is given to the
Jury, who would have to pass upon the facts,
taking the law from the court. That was wise
system. and had the sanction of all wise and
thinking men. The jury institution was the
best, as it was the grandest safeguard Of the
csiOn Of the Jury all would be well satisfied,
whether IL were adverse to the prisoner or the
people. Their decision should be such a one ss
they could Afterwards look back upon with
calm satisfaction. The Court will charge them
that If man premeditately takes the life OF an
other, he is guilty. The facts he expected to
show were that on the 18th of November the
prisoner stood in the Tribune office, living in
wait for somebody. When Richardson came in
this person fired pistol, the shot of which car
ried Richardson to his grave. For days after
the shooting Richardson fingered in agony, till
on the I'd OF December he yielded up his spirit
Unless the prisoner can show that he was JUS
tilted in the act, he was guilty Of murder in the
first degree, and such, under these circumstan-
ces, should be the verdict of the Jury.
Judge Davis has been selected by him to as
slst him In trying the case. He conceived that
the Importance of the case demanded that he
should have the aid Of an eminent lawyer, when
these distinguished counsel appeared for the
prisoner. With the composition of the jury he
was entirely satisfied, and he doubted not that
their verdict would be in strict accordance with
the dictates Of truth and justice, and such az
would satisfy the community.
Mr. Graham said there are certain witnesses
In court, and in this case in which the court
may exercise Its judgment as to whether or not
they may be allowed all to remain, or only one
to be present at time. He asked that the wit
nesses grouped together ON the part of the
prosecution should not be allowed to remain in
court while any one of their number was being
examined. This refers only to those witnesses
for the prosecution who profess to have seen the
Judge Garyin said he had no objection, ana
ordered all the witnesses for the prosecution to
retire except the first one to be called.
The first witness examined was Geo NJ King
He testified that he resided in Jersey. On the
18th of December last was employed In the Tri-
pune once; was acquainted with deceased and
day about fifteen minutes after five O'Clock: ne
stood az the desk, at the end of the counter near
spruce street; Albert ID. Richardson entered
and came towards the desk; the first he knew OF
me shooting was hearing the report and seeing
McFarl and's hand and arm over his Shoulder,
Richardson was about four feet Off asking the
clerk for his mail; Richardson then went ont
and a crowd came into the ce and lost sgbt
OF both parties; did not see Mcfarland 90 our.
previous co tfro nrrng noF..s>-d .-as Ian' .'
ing forward on the desk; a plate-glass fraInaa
was in front OF him, and he was LOOKING
towards the door If expecting somebody
Saw pistol in McFarland's hand at the time of
the firing: Richardson after being shot went up
to the editorial rooms. Cross-examined a
diagram of the publication office of the Tribune
was exhibited to witness by Mr.. Graham. and
he indicated the positions occupied respectively
by himself, the deceased, and the prisoner al
the time Of the shooting. He stated that Rich
ardsOn was accustomed. when i'm town to come
down for his mail. Did not remember whether
1t was dusk when ne first saw Mcfarland. The
gas was lighted. He had seen Richardson on
the day before, and on the preceding SUNDAY.
Did not remember seeing a piece of
paper before Mcfarland. Witness spoke to
him. Could not say that he had not seen
piece OF paper before the prisoner on the
desk. Mcfarland was in the habit OF coming
to the office. Was familiar with the pIace
ana was allowed to 60 behind the counter when
he pleased. A similar privilege would not be ac-
corded to a stranger. Mcfarland was dressed
in black clothes He had on a low round ton
hat. Had not seen since the occurrence the
day. Knew nothing of such paper hay'
ing been subsequently DESTROYED Did not
see q pistol in Richardson's hand Was NOT
aware that ne had arrived. Could not remem-
Der having seen Richardson make any motion
that Indicated an intention to use weapon Saw
Richardson's pistol afterwards at the Aston
House. Never heard Richardson boast OF his
skill with pistol. There were in the Tribune
office at the time Mr.. Froham, Mr. E. j. Carver
Mr.. Jerome and Mr.. David Watson There was
also gentleman in the Office whom witness did
not know, and who was examining the file of the
Tribune; saw that gentleman subsequently,.
several at the Office; spoke to him once. Could
swear positively that the pistol in McFarland's
hand was fired. Did not know before the shoot
apistol. His best belief was that it was pistol
No one tried to prevent Mcfarland from going
away. Did not hear Richardson make any rec
mark. Witness was somewhat excited.
To Juror There was only enc shot fired
Redirect:-Of his own knowledge he could not
say that Richardson was drunk. The force oS
the explosion extinguished the nearest Qasliohf
To juror Gould not tell how McF. cot
To Mr.. Graham Gould not explain how IL
was that he did not summon assistance Per
haps it was from his excitement. Did not see
The next witness was Daniel Frohmau. An
employe in the publication once Of the Tribune
ofice. He saw the prisoner On the 25th Of No
vember at the once, at about II O'Clock =. m:
saw him again at about O'Clock. Saw Rich
ardson enter the once. He came over 10 hs
desk and asked for his letters; almoet imme-
diately heard the report Of pistol, and simul-
taneously saw Mcfarland going ont Of the Ma
sau street door. He went up to the editorial
rooms and found Richardson on sofa and DR..
Swan dressing his wounds. He afterWards vent
over TO tho Ast0r House and remained with
Richardson until II O'Clock. Richardson VA In
the managing editors once.
Croes-examined.-Was In employ Of Richard
son ct one time for two months. When he firvt
saw Mcfarland he did not see King. Saw no
piece Of paper ON tho desk ct which GcFsrianS
was writing. Heard nothing subsequently ~
such piece Of paper. Could not tell mi
McFarland was doing ct the desk: mighf 49,
been writing. When Mr.. NcFarlsnd csms ~
eleven O'Clock he asked for Mr.. 6inclsir. He
IVES IN the habit Of calling upon Sinclair. ]
Anxiety - % tAe rate ~ the stssusr
asteDs9pAsd 1scessSsely b fAs 4Ves;ae &Ear.
NEW YORK, April 1.-There N cr,usidersble 4
aa!nxlety here about the safety Of tie Stsansr l
Missouri, which left here on March 2lfh fsr 1
HAVANA ana mas not since been heard froa.
1he Opp0o1ttoD In France - the PIE. Il