The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1870-05-11

TWenty-Third Days sPrOceedIngs--PRr-
tiRI Summing Up fpe ths defence.

tiaI Summing Up fpr the Defence.
New YORK, May 6.-The announce
ment that counsel for the defense would
sum up to-day attracted an immense
throng to the Courtroom this morning.
1t transpired at an early hour that for
reasons unknown to the public Judge
Davis would not sum up for the prosecu-
ton, and that his connection with the
case was thus virtually ended. This ru-
NOR caused much sensation among the
friends of Richardson, and it was unhesi-
tatingly asserted that outside influence
had been brought TO bear to preclude
Judge Davis from summing up as was his
intention. When the Recorder had taken
his seat the learned counsel for the defense
commenced hi. closing speech amid breath
less silence Mr Graham said that for
years the prisoner had borne the pitiless
pelting of misfortune and wrong, and
now he had at last found refuge in court
of Justice. He had not loved wisely but
too well. The story of his woes must
have gone to the depth of their souls
Could not the prisoner ask with conf
dencs, Gould have done less, and ought
not to have done more% The allega-
tion of the prosecution was not that the
individual who had passed to his fate had
not merited his doom, but that, however
righteous had been that doom, he received
it at the hands of an unauthorized agent
The question then for the jury was, the
mental condition of the accused when the
deed was committed. There were two in
cidents in the trial well worthy of obser-
walton. One was the appearance of private
counsel in the case: the other was the re-
lection of three jurors who happened to
be countrymen of the prisoner. These
men were good and reputable citizens,
eligible as Jurors, and their exclusion bv
the District Attorney was utterly indie
fensible.
The jury would remember the question
put by private counsel to one of the wit
nesses named, was it fourierte estab-
lishment where Mcfarland was living.
Who inspired the question? Were they
to conclude that this wicked woman had
betrayed the secrets entrusted to her as a
wife? Other questions by the private
counsel proved that private malice was at
the back of the prosecution. Captious
objections to the course of the defense
were raised at every point. When it was
sought to prove that Mrs. Mcfarland had
received the proceeds of the insurance on
Richardson's life, an objection was raised
that the prisoner was prevented from
showing the motives of this wicked wo-
man IN deserting her husband. 1t was
charged that the defense had tried to make |
the trial Sensational, but complained that |
the trial was mOnotonous, but the reports |
which were made IN all the papers suff- |
GENTLY disproved this absurd charge He |
wished to impress upon the Jury that this |
was s-case of murder or nothing. ANY
such compromise as sending the prisoner |
to the State prison would be violation of |
their oaths. If upon the whole case the |
Jury entertained q doubt Of the sanity of |
the prisoner, they were bound to aequit |
him,
Mr. Graham's plea for the prisoner was
almost entirely devoted thus far TO the !
legal and technical questions involved in |
the case, the chief Importance being given |
to the insanity theory of the defense-
Many authorities, precedents and official |
reports of previous cases were cited, by |
which Mr.. Graham maintained that prin- |
ciples which would Justify the acquittal |
of the prisoner had been fully established. !
Counsel enteFeded into the discussion of |
different varieties Of insanity, claiming |
that il the prisoner was found insane at |
the instant of the shooting only, he was |
not morally responsible, and must be ac-
Quilted Mr.. Graham cited the Cole |
Hlscock case as the exact counterpart OF /
this, and this Sickles-Keyes case. paying |
high compliment to Edwin NJ. Stanton, |
one of the counsel, and the Rogers case |
from Massachusetts,, in which Chief JUS
tice Shaw charged the Jury that the pris-
onsr must possess and be in full exercise |
Of memory, intelligence, reason and Ell |
to be morally accountable for his acts. |
Mr.. Graham said if Mcfarland meant to
kill Richardson, and was sane. he could |
not have chosen a more inauspicious place |
than the Tribune Office, where the odds
were all against him.
Counsel thus far had in the argument
had not commented on the relations be- |
tween Richardson and Mcfarland, the |
alleged conspiracy to separate Mcfarland |
R4a his wife, and other prominent points |
dia 5 EsEssSa &