The New York herald., 1870-04-15

oiately afterwards TO your uncles A. Yes; went
communicated the conversation to HIM.
9. How ala y AFFECT hims A. lie seemed to DO
Q. What state OF mind was he ins A. He was
crying when saw him, and when communicates
SnS ns, news new 70 im ne burst INTO tears oon reme
z. Did you ever near Mrs. Mcfarland make any re.
mark about her husband loving her very mIcns
A. Yes asked her at that interview IN Sincairs II
she had any doubt OF her husband loving her, ana
she replied no; that he loved her very much, ana
rose and set upon her head; she also told me thas
her father was coming down to settle the matter
and intimated that they would hold conference.
Q. Did you ever hear her complain Of her condi'
tOn Ia life2
thiss y '1' o0u'' "DA' ~ ''u p'0p0'' " '''" y
Mr.. Gerry-To show that she said that all She
70 % aga a aaa @
money, and that these remarks were communicated
the Gourt-ey this witnessi
Mr.. Gerry-Yes your Honor.
The Court-The question IS competent.
ExJudge Davis-Let him hx the time.
The Court-It was before the separation, as l un.
derstand It.
The Court to witness-what is your impression as
to the date OF the conversational
Witness-lt was before the separation, but can
not fix the date; some three or four weeks before
Ex-judge DavIs-That clearly excludes the ques-
ton.
Mr.. Gerry-I withdraw the question ana will hx
9: How long before the separation did they re-
z. State as.nearIy as you can wnen she made the
remark that money was al she needed to make her
an s Lao aay ana II 70 gather around her
months previous to her leaving her husband.
Q: What was the remark she madeS
Objected to. Admitted.
Witness-She said that all she wanted to make her
ON elegant lady and to gather around her the
literary people and the cue OF New YORK was
O. Did you repeat that conversation to herr A.
Not till after some time she left
HORACE GREELEY AND VICE PRESIDENT COLFAx
Q. DO you recoIlect her making some remarks about
Horace Greeley and others OF her acquaintance
the Court-If could have known tho connection
IN which these parties spoken OF IN the testimony OF
the witnesses to bear on the case could have
divined The answers would had excluded the qucs-
tons as entirely irrelevant.
Mr. Gerry-We offer to snow by the testimony
that she made similar remarks about Horace
Greeley Schuyler Colfax and misunderstanding
they all admired her, and that she was copying
for Horace Greeley In the Bible House. and that sne
mad received 500 from him.
The Court--Tnat Is enough. Iex clude the ques.
ton.
O. Tell the Jury what occurred between you and
the prisoner at the conversation you had with hiIn
after the separation A. Nothing very important;
he did not sleep at night but walked about the room
O. Did he state anything with regard to his wife
leaving him or the cause of her leaving him ?-any-
tnng about her associations with Richardson find.
ing her out when he came and her and Richardson
Ex-Judge Davis VIII that dor
The CourG-lt Is competent to elicit what occurred
between the prisoner ana MS Vile.
Witness-He told me he had demonstrated with
her for dining with Richardson; that they had some
that his wife kissed hm before he e{ home that
day 10 go down town. told him to come home early,
and that when he came home that evening ne found
this note telling him she had gone to the Sincair5.
Q. Did he say anything about this boy Percys A.
He said that Percy had gone with his mother.
q. At that time what impression did his manner
and conversation create on your mind as to his ra-
tionality or irrStlonaity9 A. l cannot state posi-
lively; staid with hun two nights during that time
and he never slept; he walked; he walked the door
continually and Kept lne awake; the next night Mr..
S he taanked me ana said sr sage W was s'as m
to stay with him. and did not see him for some time
after that; the next time saw HIM was after he
got the intercepted letter. he read to me and then
told me TO read II; he said to me, ''Would you be.
leve it9r he was then perfectly wild ana irrallona
ment Cure" he was very much emaclated aud ex-
cited and mis- spirits depressed, but calmer than
EDUCATE MS chdren saw hm about once 81 month
In 1868; he always went over his troubles; my Judg
ment was he was becoming irrational; was sent
Tor In 1862 found nm pacing the room; he said he
was glad to see me and that he had felt an impulse
to destroy himself; he wanted me to remain with
him; prescribed Tor him grain and half Of NOR
phine in six powders; l saw him afterwards in
1wenty-sixth street and prescribed bromide or
;, Cross -ex xamlned-To ex-Judge Davis-I have been
physician three years, and, except q four months
visit TO Europe have practlsed in this city; lived
before in New Jersey; went to Mr.. Sincalr's Che
second DAY after Mrs. Mcfarland left her husband;
am positive we were alone there; the conversation
lasted fifteen minutes; Mrs. Mcfarland urged me to
leave her; she was In great deal OF pain from
neuralgia and had to prepare for the stage that
evenings; I had been there about i've minutes wnen
O. Did you not tell her that you had long known
he had treated her like brute. ana you were not not
s asy Of his sonduo night she told @o
her father was telegraphed for; she expected
on Mae 5 ad sr father
would settle it-l suppose whether she should go
back or not; she begged me to go back and stay
with my uncle; ] went to my uncle about five
O'Clock; the first night my uncle did not go to bed
/ spoke to MIR. McFarland told him thought
/ suppose first put tnat idea into his head
| went away next day; | was sick; | was not
present when he met her father; he was very ex.
the room all night with his hands Dehlnd him;
tne second night he went to bed, but soon after
Scribe for him till 1868, when l prescribed
qunne; think that was after he had the relapse of
intermittent fever he was not then irrational but
he was very much depressed in spirits; be did not
tell me when he had the first attack; understood
him to say ne had been sick since went away; after
hun; was busy at the dispensaIy and with lee
lures; saw him IN my brothor's store between
cannot say exactly when; don't think he gained in
flesh until January, and then but little; he I'M.
May that he seemed to have got over the fever
and ague physically; In May It was that pre-
scrlbed for MIN the morphine; the DOy Percy
went for It, and gave him two powders at once; at
half.past eight gave him another powder, and later
still another. and another he then fell into sleep
and l left him; the next day he told me he had got
up and taken the other powder; that made grain
and half OF morphine; the next time met him he
seemed irrational; he talked about his wife and
about his boy Danny; said he must have him back; /;
he talked very Oud this was In the streets 1t was his
manner Of speaking that thought irratiohal have
heard him say things irrational in themselves; he
said his wife would Come back to him; She Was o
good woman II she were not among bad people;
can't recall anything In itself irrational; 1t was
his manner; he would talk loud, 80 as to attract
the attention OF people IN the street; have taken
great deal Of interest in this matter have done
nothing to procure witnesses TO testify TO his In.
sanity; don't know that my father is an exctable
man.
Q. Have not you and your father had a personal
| encounters
| The Court think that must be excluded.
COunsel-And think with a rebuke for putting o
| question which he knew could not be permitted.
Mr.. Davis explained that ne understood that the
| Mcfarland family were Of an excitaDle tempera-
ment and lie asked 1t as bearing on the question OF
|