The New York herald., 1870-04-07
THE M'FARLAND TRIAL.
Tho Proceedings Yesterday - The Full
Jury Obtained and the Trial to Begin
This MorninS-A Tilt Between
Counsel and Husbands
Opinion Frankly Given.


during the preliminary proceedings In the McFar-
land case, and there were the same clamorous
crowds about the doors which Captain McCluskey's
energetic officers nave had 70 do pattle with since
the day when the prisoner was first arraigned in
court
THE CROWDS AT THE DOORS.
owing 10 the tact that great many OF the jurors
VINO had been In attendance on the previous days
had been on Monday eitser excused by the court or
oeen weighed IN the balance OF the opposing
counsel and found wanting. there was not
quite 30 much rigor exercised IN regard to
the exclusion Of OUTSIDERS and many Of
the eager sight-seekers who mad been unable TO gain
admittance the day DeioIe managed TO squeeze them
selves into the spare corners OF the r00m where
they enjoyed the luxury the llveong day Of stand
Ing room and The batting with unsatis.
factory jurors py the contendlng lawyers.
Mcfarland appeared composed as ever and dur
ing the proceeding basiiy engaged mseif In noting
down the names OF the jurors who were called and
In giving suggestions to nls counsel as to the pro.
priey OF accepting or rejecting certain Of those
amIned
LANCE BROKEN.
There was lively tit during the afternoon be-
tween the Counsel FOR the defence and Judge Davis,
the associate OF Judge Garvin in the prosecution,
pending the examination OF ono OF the summoned
jurors The former charged the latter with deter.
mination TO "iDpr,scn" tic jury during the whole
trial. whereapon Judge Davis with much warmth.
denied that he had expressed any such determine
ton whatever. The counsel reiterated his state
ment. and for while the scene was rather stormy
one; bat Recorder Bacxats interference put an emo
TO the squabbe, which adjusted TO the sarisfac
tion Of all parties concerned after the last Juror had
been sworn In and had taken his seat.
WHAT OPINION HUSBANDS OUGHT TO HAVE II THEY
HAVE NOT.
One OF the jurymen examined raised quite sem
sation by replying N answer TO the question put to
hiin as to whether he had formed an opinion in
reference TO the guilt innocence OF the prisoner,
that he had formed q very decided one and one
which ne believed ought to be. II It was not enter.
talned by every husband In the lana. II ID needless
20 cay tnat the prosecution 'went lori tins genlIe
man In vigorous style and challenged him or the
stand before he able diiate to any great ex-
tent on the suoect ai.er OF the opinion or "every
husband III the iandn
THE TWELFTH JUROR SWORN
The last juror sworn was Mr. Howard, the actor,
better known To theatrical haDitues 'Unce Tom,n
which character To was ths original personarOr oi
IN the play OF 'Cncie Toms Cabin" lie was cnal-
enged tor prtncpai cause by the counsel for the de-
ner so frank and VOID Vi all feeling as to the issues
OF the case that the chasienIe was quickly with
drawn, when lie was at once accepted by the prose.
cution, they not chal enginQ min at all. McFar-
land seemed rather nervous daring the examination
OF MIR. Howard, for some reason other, and drew
o long breath OF relief when ne was accepted.
When. in Obedence TO the cerK he stood up face to
face with the Juror wnie me latter was being sworn
words OF the oath died away, amid the hum OF many
whispering voices and the Juror tooE his seat toe
prisoners lips quve.ed as from the force OF some
inward emotion whlca he was eadeavoring to re-
press.
At Quarter past eleven O'Clock the proceedings
Bartholomew Smith the gentleman who on Tues.
DAY evening was lett on Tue sLaud was again callel.
The jurors was called and ~ answered. Mr.. Beck
erman and Mr.. uan en- the taird anu fourth jurors,
were sworn as rlers and was proposed by tne de-
fence to leave matters at once to them, but che
prosecution desiring 10 say something ~ them, Dir.
Spencer, on behalf oi the defence 0ddrcsset them
breny. recapiruians MS Argument of the last even
Judge Davis followed for ,ne prosecution recall
Ing the jurors statement that ne haa impression,
and arguing 10 them taat ~ he had stated that evl-
dence would be required 10 remove his I'M ressi0n
he was indl1ereai, but nad an impression which
would prevent nirl n0iD giving due weight 10 sOme
OF he evidence Fie law required that AIS feelings
should lean neither way. for II they did lean tnen
one party liuss Gus s0.e rength 70 remove II.
Counsel Ter the de ence asked the Court to instruct
start even with the prisoner, but that there was
PhESUspfiCN or iNAoCEaCa
In favor OF the latter
The Recorder charged this portion OF the request,
but declined TO charge some other requests VI the
defendant's COUNSEL.
The triers found tho challenge sustained, and Mr.
Smith was directet to stand ASIDE.
ROLAND =. DOrY, JR.,
was the next VI the panel answering. Challenged
Sy Mr.. Gerry. he hal formed aud expressed an
opinion.
from reading the papers. The imoression remained
on his mind. lie nau no CONSCIENTIOUS scrupies as
to the penalty Of death. Tie MAS directed to stand
Mr.. LOCKWOOD V. BROOKS,
challenged by Mr.. spencer, had formed an opinion
TO Judge Davis--as thougnt ne mad such On
opinion aa woald p.eyeat hlih Ir0m weighing or
deciding on the evGenco alone. joan L. Danieis.
challenged, was IN Ill. Sane position.
WILLIAM II. BAArEs
had heard OF the case and lorned and expressed an
opinion as to the gS of Iauoceace Ol tue accused.
To Judge DAVIS lie thought no aad the opinion
STILL but thougns II ia TOOK his seat he would be aOe
" decide on me evidence WITHOUT reference to his
preylOus oDinlon.
To 1ir. Srencer-rroai the tine his opinion was
formed 1t had not been changed.
He was allowed 10 stand bow1.
TllodA3 Cc.gLN0.
To Mr.. Geny-Iian formed and expressed an
ToJndga DavIs--It was formed some time ago, not
only from newspapers, DlE from conversaSonJ. He
thGugat he cULla not decide w!th0ut reference TO
EDWARD i. TRowBaIDa8.
To Mr. Spen :e.-Iiau ior.nea ald expressed an
opinion, D,,5 taoaght ne co,a toy the case on tie
evidence without iegar6 10 that opinion. Lie was
In the coDimissioa bisiiess.
The ueieuce prssse1 zoe challenge.
J4dge Davis coniendei s.at ua Ter the rule In tine
all previous IMPRESSIONS vas III toact as Juror aud
Mr. Trow bridge hay.ng placed hlinseii In that posi-.
ton was cJnipsteiit tic lad ioraaed MS opiai0us
solely from lew5Dat erj.
Tne Cuu;t-Ano fr0E conversations.
Judge Davis to the juror--fiau YOU conversation
with party to tis rdnsac,iou or conc0cted with
;t2 A. No, sir.
The defence remarked that lightning was q
dangerous th.ng piay Sith. Inc prosecution had
invoked the rule against them on tue fist Cay, ana
now they desired 10 ayoid t. Iney Should look
somewhat anead, a5 ~ De consistent.
Juuge Dayis-In that case tile juror sald tnat IL
would require evidence to remove AVS lmpreSslOl.
The defeDce-rnat was not th3 question raised.
fhe rule laid down In Mathsrs' case had never
been shaken. This juror mad positive opinion,
aud 1t did not appear ON Az question thas II was
hypothetical. -
juoge Davis said that lie aid not.think the prose.
cut,on obnoxious 10 iAc lecture addressed 70 them.
They had allowed ms widest latitude Ii tue course
OF their examination - Inc usner siue without tn
icrp0anS oblectionS--so Ylue Ihat MS H0uOr uau
seen ft 10 inierpose. A course vi examination nad
been pursued entirely vide irVa the purpose with
out obJecllon nom tAeln. judge DAVIS read from
the case Of Stout III support 0i Lnis view.
The keCOrder-l taus t.laS the challenge Is not
sustained.
Tne defence stated that the prosecution intended
10
CLOSE down ON THEN.
He had learned foin me private counsel that after
agreeing tadt the tfy should separate they nad only
HAOuil CluLlnua