Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1870-05-19
THE McFARLA ND.TRIAL.
The End Reached at Iast--The Prisont
is Acquitted.

is Acquitted.
New York, May ,l0.-A little after
eleven O'Clock the Court opened, and
District Attorney Garyin arose and COM
menced his closing speech. Comment
ING first on the extraordinary length of
time taken by the trial, he declared 1t
the duty of the jury and himself to de-
vote three times as much time, If neces-
sary, to give the prisoner fair trial
Passing on to the case, ne said that no
man had right to take the law into his
own hands. Perhaps Richardson and
Mrs. Mcfarland were innocent. Rich
ardson was brave man, who had devo-
ted himself to the service Of his country
during the war. Was he likely man
to dishonorably seduce a mans wife?
Moreover, it was unlikely that Richard
son would marry his mistress. Men
never Go except under compulsion. Nc
Farland had given up his wife Tor Two
wears. A divorce was had, and on mis-
death-bed Richardson married MIS-. NC
Farland as pure woman.
The defense acknowledge the COM
mission of the deed, but say 1t was the
deed of an insane man. In the same
breath they say that he was Justified in
siaying the adulterer. This is not logical
They must take either stand. They
cannot pretend to justify the deed of
an insane man. The prosecution takes
it for granted that the prisoner is sane.
such is the law, as they will be inform
ed by the court. Without entering into
the question of the nature and signs of
insanity, any juror, any sensible man,
can decide when man is mad.
Mr.. Garvin contended that the de-
fense prove nothing more than the in
tense excitement caused by prisoners
troubles, and uncomfortable impulse
This was merely the passion OF anger
and could never excuse or palllate a
crime. Mr. Garvin denied that the
cases of Sickles and Cole were parallel
ones, for their acts were done suddenly
and under excitement, while even they
should have been convicted of the same
degree of murder.
The District Attorney then reviewed
the testimony, showing that on the day
of the shooting Mcfarland showed an
intimate knowIedged of Richardson's s
habits and lay in wait for him, showing
reconciliation and design. He leaned
forward when Richardson entered, and
fired and made his escape. In this are
exhibited memory, judgment and per-
ception of danger. Defense had tried
every question except murder, and had
worked to blacken the characters of Mrs.
Calhoun, Mrs. Sinclair and Mr.. Greeley,
an attempt as absurd as unsustained by
evidence.
Mr.. Garvin expressed the conviction
that the jurors believed in McFarland's
guilt, but there might be doubt as to the
degree If guilty of murder let him be
hanged; if of manslaughter let him go
to the State prison. The law must be
vindicated in this case, or there will be
no security for life. He felt sure they
would decide according to the evidence.
The Recorder then addressed the jury
as follows: The accused is not to be
convicted nor acquitted upon the speech
es of counsel, or convicted upon preju-
dice toward the dead or living, or be-
cause public policy may demand an
example. They must conscientiously
reject every fact or circumstance in the
evidence which, in their estimation,
cannot illustrate the question of sanity
or insanity, or of malice, or which does
not bear upon the time, place, mode and
act of killing. The state of domestic
relations it was not material for them to
adjudicate. The question was, how did
the prisoner believe about them and how
did that belief impress his mind, sanely
or insanely?
The Recorder then proceeded to charge
substantially every proposition of coun-
sci for defense upon the subject of in
sanity, and continued: If you believe
that the accused armed himself with a
loaded pistol and sought out deceased
and shot him upon grudge and malice,
intending to kill, he is guilty of murder
in the first degree. If, having loaded
pistol, he shot deceased, without intent
or design to take his life, and in the
heat of passion, then it may be either
manslaughter in the third or fourth de-
gree. The Recorder then charged most
of the points asked by defense as to the
first shooting, viz: that it cannot ne ia
ken as evidence of malice, unless the
prosecution is satisfied that the shoot
ing was felonious and not in state of
insanity, the jurors are to discard it
from their consideration altogether. He
declined to charge that the non Erose-
cution of defendant, therefor is strong
evidence that the act was not deemed a
crime at the time of its commission
The upholding or prostration of the mar
riage relation should have nothing to do
with their verdict. Fourierism, free
love or rsentimentalism on one hand, and
|
the deceased man or living woman upon
the other hand, are not legitimately to
affect their verdict. The infiexible rule
of jurors should be that the aggrieved
husband, or father, or relative who takes
the correction of a wrong into his own
hands with pistol or knife, and is not
sinsane when he did so, he is not to be
acquit, because it is not the duty of any
man to uphold the sanctity OF the mar
riage tie unassisted by legal procedure
If the prisoner took the law into his
own hands in a state of sanity, and with
malice, he is guilty of felonious killing;
if in state Of insanity, he is not guilty.
At three o'clock the jury retired, and
they reappeared in Court at ten minutes
to five O'clock The silence of death
prevailed as they took their seats, and
Mcfarland as pale as a sheet. The
foreman finally arose to answer the
usual question, and Mcfarland stood up
to face the jury. He trembled violent
ly, and clutched the railing beside him
as if for support. SIS the prisoner at
the bar guilty or not guilty?" came the
question at last. mot guilty." was the
answer. The scene here beggars descrip-
ton. The whole audience jumped to
| their feet and cheered as though deter
mined to shake the house to its founda-
ton. Even the Court officers joined in
cheering. Men and women sprang over
the seats and struggled for the privilege
of shaking Mcfarland by the hand
The ladies divided their attention be-
tween the liberated man and his coun-
sci, whom they lavished with thanks
Mcfarland was very much affected,
and little Percy, in hisjoy, jumped upon
| q chair and waving handkerchief lent
his voice to the cheering. Mcfarland,
soon after, left the court room and the
crowd dispersed.
The RumseIler,
Every individual in society is expec-
ted to contribute something to its ad-