New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-07

SnS Of inferior conviction That is OF the kinds OF
G CntiSn They iSdct man for murder, in.
scnane to get him into tho state Prison and that
Ine, , nress him for murder only ASK conviction
for manslaughter" The jury are oftentmes miseu III
tbat way This is "A OF murder or nothing anu so
put it TO you and will presently show you tat ane ne
loved James Brady on the trial OF Cole scornel tnS
idea OF the Jury conycting his client OF manSaughter
when IL was murder nothing and they ultimately. on
that direction from him, rendered serdl,t e.Ief ~
acquittal compromise is violation OF your 9 ga .
Tits case ought 70 be looked straight in the face If Air
Far am rSS fme Known to the law If the es
mony shielded him from conviction for tnat 1nSo
he entitled TO clean verdict OF acqulttil al you huS
THE SANITY QUESTION.
Another principle you are to carry in mind Is this
Although have right TO give you the law, because
that comes from the court yet you have the rght 10
carry in your minds in hearing my argument this prn'
chile: H. upon this whole you entertain reasona
bic doubt as to whether Mr. Mcfarland was saneor IN
that doubt I'm his favor IL this case Is not Dalaheea
tine then Won are bound under your oaths, to acqut
him. because in conyicting him OF murder you in
Albert ID. Richardson he was moved ana soilhm
lated by the nstgation OF the devil r., AnD %ind
Z that man may b6 insane to man and be per,
@ sane st to the Tes sp 81 hS Tof man can be men
tally deranged in reference 10 particular man or par
his derancement he is not accountable, but II he goes
outside OF those limits and attacks the rest OF the Wo
then he draws on his head the accountability as II
cpc That Won are 10 carry in your minds Is that human
science in reference to the mind limited at the best
There is a difference among medical men as to to
whether insanity is disease Of the soul or disease Oh
the body and you will presently percNe uat a., Sc
couccdc that the human mind eXcers through the per
ceptons and by species 81 H1aIty Of the soul
altogether There three theories on the suReet 81
Tie .oG Independent of the body and that INSANITY is
disease Of the soul me soiaG t thaorx ~ me
o t ,Vacy Of the body 10 impart disease the soul.
..utlsp
which human science cannot fathom ana as 10 when
Tour ina geuts under yeur oaths, in reference 10 the
medical testimony, precisely as you shall consider most
consistent with reason
MARRIAGE AS DEFINED IN THE BIBLE.
Now for the purpose OF enabling you TO judge how
strong feeling is aroused by the compromise Of hus-
bands honor desire call your attention TO the mar
riace relation as exhibited in Scripture. Marriage is
Divine institution, and to judge of it by any human
book would he absurd 1t would be Idle Tor me 70 reu
YOU human book to show how strong man loved his
wife, when the Bible which speaks from the Dety tells
YOU what marriage created for, and what feelings
the Almighty impaired TO it.. Now,I read from the
Scriptures here simply "a would read ron an mo-;
book 10 show you what was tho Strength OF ts man
feelings when invaded and outraged by the man whon
Was presented to woman. formed by the Almighty
from of his ribs taken from him In deep sleep,
INV flesh She shall be called woman, because she
taken out Therefore shall man leave his father
shall be flesh" Now, gentlemen, one flesh has one
set Of feelings There is perfect unsnnIty OF feeling IN
e are mated thew are the same or both feel the
An outrage to one is an outrage to the other Inc New
Testament contains the sentiment, thus: Where
fore they twain, but one flesh wherefore;
what God hath Joined together let no man pnt
hand and wife should love another and they
age TO are re Sn Sent in nnss It be that they don't
reoprocate anothers love- but that does not affect
le feeling whichever of the two parties has the ap
proprate amount Of love. II the woman don't love the
man. but the man loves the womon WIZ al ms sonl tne
mans feelings are Just Us strong as though the woman
returned his attachment and therefore az outrage upon
these feelings, even though his attachment Is I'M
returned just serious as though the outrage was up
marriage relation where the hearts OF husband and
Now desire TO call your attention TO verses from
Proverbs which wire reeited by the beloved James T.
were both connected In the defense because the
urleS You 20 TO the from which 1t eInanated.
There is hut source, and that is the Bt6e .
The feelings Of man at the discovery OF wss nm
deity and the doom OF the adulterer are significantly
powerfully portrayed in Proverbs, 9th chapter the
Can nan take IRE bosom his clothes not be burned
hot Goals nd Fee not Q
neighbours Wife vhosOeveI tOeheth her shall
Men 10 not depe o satisfy his soul when be is
Bot be be found he foi shall give al the sub
Bot whose commith adultery cke;h uneranding
wound and soHO shall be get and bis reprOac shall not be wiped
ou the Of therefore he viii not in The day
He regard any rsnssi neither will be content though
Those dshonor husbands here warned Of their
doom which is decreed against them by Heaven, and
wounds and dhonor shah they get, and husbands will
not spare them In the day Of This destiny Is
certain. The wisdom Of solomon, which was inspired,
said it, and 1t must and il tciH be- until human
is formed and different feelings and impulses
bestowed upon Jealousy which detes and bears
down all restraint whether Dc Waf we tc inag
husband and ends itself In result which seems to be
agPe ana h" Sa we g ife
for the purpose Of this tratakes possession OF mans
he cannot spare for the Deity did not make strong
enough TO stand provocation Ike that Ii provoked,
Now, lot us for moment take soriptural view OF
adultery in the Seventh Commandment, and you will
perceive that this Mr.. Richardson broke two positive
Commandments. He was not satisfied with breaking
%4 S b DIHk not the ZENITH Command
ment il, "Thou shalt not cOvet thy neighbours wife,
co1et her as against her husband but this man was not
satisfied with committing adultery meant to have
,b b' Tenth Coahdmeht: Thou Shalt not
coyet thy neighbours house, thou shalt not
nor his maid servant nor his OK nor his ASS, any
thing that thy neighbors." In Leviticus the goth
terry with another mans wife, even he that commteth
adultery with his neighbors wife the aduterer and the
onomy, chapter %, verse xii, If man be found lying
with woman married TO husband, then they shall
both Of them die both the man that lay with the woman
and tie woman; 50 shalt thou put away eVA from
whether the Old Testament is is not an author
ity putting an aduterer or an adnteress 10 death
ne anGsoh OF .ne lGsg ~ u b %VS raon II
the Almighty thought originally that adultery deserved
death. and has aDrOEdlcu tnal dW ne ms
His estimation of the Oense and the reason why 0rig
uay ne doomed the adulterer and adueress 10 death
was that ne supposed il the highest invasion OF
ght the highest outrage upon feeling the highest en-
srOaChment upon property.
THE LEGAL PROPOSITIONS OF THE DEFENSE.
Now II your Honor please VIII proceed briefly to
present legal propositions We traced this prisoner
from the 2d 30 OF November, when Mr. COughln last
saw him. step by step, down to 81 O'Clock on the night Of
the 2jth OF November The evidence in this shows
that Nj Mcfarland didn 90 TO his place Of business
..l.