The New York herald., 1870-05-07
THE M'PARLAND TRIAL.
IMMENSE CROWDS AT THE COURT ROOM.
Judge Davis Retires from the Case Summing Up
for the Defence-The Question Of Insanity

The court room 0f the Oyer aud Terminer was yes
terday crowded almost to sufrocation from the very
moment the doors were thrown open, and 1t was
just as much a. the courteous officers OF Captain
McCloskey's squad could do to keep back the hun
dreos who swarmed from the Railways and en-
deavored by every possible ingenuity TO gain admit
tance.
IMMENSE CROWD IN ATTENDANCE
IL was found necessary TO issue tickets OF admis-
onfrom the District Attorneys Office, and persons
who camored 10 get into the court room and
who were not able to fortify their requests
with the authorized open sesames, matter who
what they were, were treated as though they were
the merest paupers that ever travelled. Indeed, II
something like this had not been done nothing like
order could have been maintained In the room,
for, as 1t was the room was filed in It's every part.
THE LADIES
were out In resplendent strength, ana knowing,
doubtless, that the session would be long one and
thar 1t would not be quite safe leave their seats
during the recess for the miserable sake of paltry
lnnch. nearly every one Of them came well provided
with
H sREAD AND BUTTER,
or more substantial provender, carefully wrapped In
napkins or stuffed away IN neat little saches. The
scene during the recess consequently rather
novel one for court room, and II 1t had been pos
slbe FOR q stranger who knew nothing about the
trial TO have entered when the satchels opened
and the napkins unrolled he would certainly have
come to the conclusion that an indoor picnic
was being indulged in to degree to which
no inviting grass plots outrageous trees could
have added more complete enjoyment
wOMAN's vENTUREsoMESEss.
When the counsel rose TO sum up, many OF the
ladies In the extreme easterly end Of the room stood
upon the chairs IN their eagerness see as well az
hear him, and one more venturesorne than the rest
scrambled INTO the recess Of the window, where she
sat during the day looking as composed and self
satisfied as could be well imagined Sne was hand
some woman and was attlied In strict accordance
with the latest dictates OF fashion, and this fact
made hcr the cynosurc or all eyes.
THE PRESS IN CLOVER.
Ever since the day when the case was transferred
TO the oyer and TerDlner room the reporters tables
have been delightfully."- situated III the midst OF the
ladies' reserved quarters, and yesterday 30 great
many OF them found themselves side by side with
conversat!onay inclined misses, who made no
bones about killing the dulcr periods Of the trial by
engaging with them in 'snlall talk and nonsense"
pretty blonde, who has been faithful IN her atten-
dance at the court every cay and whose seat IL i'm
mediately adjoining the reporters appears TO have
become a general lavorite with the knights OF the
Quill and for the time being little Percy has been
dethroned as special object OF their attentions.
THE SrIs0HG-MIkDED WOMEN
present looked dacgers at the counsel when ho de-
described how the Bible throughout considered
contrary he was represented to be her mainstay
protector and defender and head OF the family house,
nOld; Dut When uc exclaimed
IMAM WAS MADE FOR GOD,
and woman for man., their anguish was terrible 10
behold. In fact they looked az though they would
have made meal OF him ut gulp, IL the presence
of Recorder Hackett had not been "A restraint on
their cannibafistic lnclinations.
The counsel for the defence precisely at ten min
utes past eleven O'Clock began to sum up The
counsel, in opening, referred in the most feeling
terms TO the position OF the prisoner who was at the
mercy OF twelve or MIS- peers and To his past lie or
happiness when he loved his wife ''nOt wisely but
too weln and then, turning TO the bench, sad:-And
now, your Honor, allow me TO say that your respon-
sbilty has been great and your trust has
sacred. Many important questions have arisen here
to be decided on the spur Of the moment and have
had TO be summary disposed of In order TO
enable the wheels OF this trial TO keep rolling
on. However much We may have differed
from You during this trial, so lar az my associate
and myself are concerned, desire tO make this pub
lie acknowledgment TO you, to express our convic-
been prompted by humanity or motive, by purity or
intention, and by an unquesti0nabIe spirit OF Impair
tiality: Referring TO the way the prosecution had
acted in their attempts to FIX the crime Of murder
his client, the counsel remarked that they had
endcayored to deny that Richardson's doom had not
ne met MS death through an unauthorized In.
strumenality. He had the utmost venera-
ton for the marriage relation, aud regarded
II as sacrament and good and virtuOus wife the
noblest work OF God. Following up this strain or
thought he quoted from the Proverbs, which 80
beautifully describe the graccs and charms Of woman
and the glory OF a virtuous wife. The private
sci on the side OF the prosecution. he said had re-
tired from the case and he therefore, did not feel
that 1t was necessary to comment upon that cOun-
sels action as manifested during the trial. The jury
would bear him out IN the statement, however that
the gentleman hal exhibited q captiOusncss that
was not at all necessary. lie held the prosecution
responsible for setting aside three citlZens who had
and who should have been allowed On the jury, and
then referred very bitterly to the prosecution not
allowing cOuntryman Of the prisoner to SIT as
juror.
The counsel then asked the Court TO take into
sideratlon the following requests In making up his
charge to the jury
Even supposinn the defendant to have threatened
to kill the deceased IN conversation occurring ante
cedent 10 his being shot on November rs. 1869, II
that act fhe shooting on that day. was perperated
by the defendant while In state OF insanity 1t
would still exempt him from legal responsibility
To make the threats evidence OF malice for any
purpose they would nave to be uttered while the
defendant was in sane state OF mind.
Of sso S9nnect nee @ ne VIII. @ te snoohs OF
inalciously seriously, with the intent 10 execute
them when and, as they imported BY the defendant,
In state of sanity and that that shooting occurred
in pursuance Of those threats.
Under any circumstances the jury must find that
the threats and acts In question were the result OF
sane mind.
Upon the point OF seriousness OF the threats the
jury are 10 consider tho fact that those TO whom they
were made neither notified the deceased OF them,
nor took any steps to have the defendant arrested
for them, in pursuance OF law.
II the jury believe that the threats were unmean-
ing, and were uttered in state OF excitement
ger, without any intention Of executing them and
wholly as the result OF passion, they are not to be
regarded In determining the character Of the hOm
AS to the (aleged) shooting OF the deceased by the
defendant on March IL, 1887. that cannot be taken
by the jury as evidence OF malice, unless the prose-
cution have satisfied them by proof beyond all per.
adventure that the shooting was leOnious.
To do this the proof must be SUCH as would induce
the jury TO end verdict against the defendant he
was on trial under an Indictment for that act
II the jury believe from all the evidence In the case
that the ACT committed by the In state
OF insanity they 70 discard 1t from their con sider
alton altogether. The tact that the defendant was
not prosecuted for that act Ii strong evidence that
the act was not deemed to be crime at the time Of
It's commission.
In passing upon the question whether that act was
or was not criminal the jury are TO take into con-
sderati0n the difficulty they may suppose the defen.
dant to be under III defending himself against it,
from the lapse Of time since it occurred, the dsap.
pearance or dispersion OF witnesses and the like.
As to the alleged shooting OF March Is, 1867, 1t is
only evidence against the defendant the trial OF
the present indictment on the principle that that
shooting and that of November rs, 500, occurred
while tue defendant was In sane state Of mind
II the Jury believe that the act OF November rs,
1860 OCCURRED while the defendant WAS In s1aie OF