The New York herald., 1870-04-09

have done l will justify" Gentlemen OF the Jury.
We can only AFTER careful examination OF the
insane, come to a satisfa6tory concftsion. Trncs
apparently VI first taken separately, may not
nom the ess q many have De-
monstrated the unsoundness or the mind at
given times. In this case 1t win be neces-
ancestors ofthe defendant, OF hrs living relatives
and Of his entire history and characteristics as well
and surrounding the homicide for which the defend
ant upon trial. IN order to arrive Ut satisfactory
nave as % ' s
that by any possibility can bear upon this question,
we have right to prove whatever and whenever Il
occurs, and We nave, gentlemen OF she jury, ample
precedents OF this l do not propose now to refer
to very many Of them. remember the great case
r Brady set up in his benalf the defence OF insanity
ana remember thas oa that trial the entire history
C0ie VINO Shot down man named Hiscock on the
assemblage OF the Constitutional Convention IN the
The defence was that 81 the Time OF the homicide ne
was not responsible for his action and on that 0cca
the M IT.
the Whole history Of MIR. Hscock was permitted to
be proven. And the Jury IN that case did what
acquitted Mr.. Cole. And gentlemen, they acquitted
him properly. man may be, ~ was stated IN that
when, surrounded by uncomfortable impulses when
ne has not the power 10 bring reason to bear
s may s0u m 9e Is
Jury, to listen to me while tell you the Whole story
on behalf OF tins defendant. Daniel Mcfarland,
came to tnls country. When ne was but eight years
OF age his mother died; when he was out
lived ia the isnd OF ms Abolition; M he
had to fight his way through the world without for.
tune and without friends and as wen as he could
He became q mechanic. lie would work all the day
long and at night he would study, and during many
years he worked as aharness maker. All the time he
nd fnrL Lnn aAnau nnIiL I'M
save enough up 10 enable hm TO 90 to college, and
ne went and he studied hard-so hard, indeed that
pleased rhat he made him an assistant and although
ne could not serve out the term ne Was
honored with the degree Of Bachelor Of
Arts. His health was delicate The strain upon
his mind was TOO great for the health oil his body.
He was u sensitive man-a man OF mercurtai i'm
pulses, easily excited He was OF exceedingly ner-
yous, delicate mental organization, aud far more
laDie 10 diseases OF the Rind than those wh0 live
for the body Enthusiastic and lmpusive az was his
nature, lie would make OF the woman he loved an
Idol. No knight in those bright days OF cniyairy
more terventy worsnipped his lady love.
HISTORY OF THE DEFENDANTS LATER LIFE.
Gentlemen OF the jury, the wild beast in the
jungle having no reason, revenges q wrong Gen.
temen, after my client had flushed his studies at
Dartmouth College he struggled on ana finally sue.
ceeded Ill reaching Europe There he resumed MS
studies at SarDonne and listened to the lectures or
Chaillu, Micheet and Others. He soon alter re-
turned to his adopted country, and was admitted to
the Massachusetts Tar, and he Is a member or
Cain @ upon US of the the high and and ISh1s honorable
profession TO which the Court, the able
counsel for the prosecution and his own defenders
belong. He was subsequently appointed professor
OF elOcutlOn and bellies tettreS In BOwdoin College
l have directed your attention. gentlemen OF the
they will all legltinotely be called to bear on the
question In this case. man Of Intellectual develop
and sensitive mind, man OF hlgn, honorable ana
gentlemanly instincts Is more apt 80 be driven to
violence Dy an invasion Of his family relations than
man who only lives TO gratlfy MS senses
MAKES THE ACQUAINTANCE OF HIS WIFE.
Gentlemen OF the jury, In the year 1852, while the
Hampshire, he casually became acquainted witt the
woman who figures so seriously In this case. We,
ness that we enjoy in tais NE, and Vet from the fa
OF Adam, tempted by Eve, and from the siege OF
Troy, originating from iibertne's love for Helen
down TO the present day, woman has but too often
been the terrible casus belll both between
individuals and nations. This girt was tnen
factory girl at tnat time without education and TINS
mind tnat she possesses to-day, IS you viii hear by
and oy has been the fruit Of the careful anectonate
and assiduOus attention OF my client. Five years
after he met this poor grl he married her. she was
then young and beautiful. Little did she cream upon
that happy wedding day that another day would
come when an unh0ly love for her would place her
seducer In an untImey grave and wrecked hus-
they lived several years happily together
LITTLE PERCY,
that sits here, was the second child Of the marriage
Jessie, the first, died young, and through merci-
tul Providence, was spared the misery OF this day.
That first born, We can well suppose, was to-day De-
lore the throne OI meTCuu GOu appealing Tor tnat
fallen aud ruined motner-that mother that has
wrought all this dreadful evii Percy this bright
boy VINO now sits here 0y his iatners slde is the
only member Ol the family who appears here,
and am not certain but he Is the best counsel
which the defendant his Iather, has. There Is
anotner--a gOden-haired boy, that this woman
speaks OF in poetry. A boy named after his father
the defendant, has not been permitted TO look upon
bis face for many weary and miserable year.
THE DEFENDANTS CHARACTER TO BE ATTACKED
In the course OF this trial an attempt may be made
to attack the character and habits Of the defendant,
but we are prepared to meet such attacks wherever
and wheresoever they come from. We are prepared
to show that the defendant made ample provision
for his family; that he was an afiectionate husband
and KIND father. We are are prepared to bring as
witnesses those with whom ne had latterly loved,
those with whom he associated the boarding house
keepers anu The bOarders with whom he Ilved TO
show that those most intimately acquainted with
him never saw aught wrong IN HIM, and that
the family were all afectonate toward each other.
No person ever heard an angry word pass between
defendant ana his wife
TIE DEFENDANTS SUCCESS IN BUSINESS.
The defendant had been successful In business
and had acquired property. lie had acquired
estate In this city. He provided this wcman with
everything she needed; but
THE WHEEL TAKES A TURN
and he became unfortunate In business. His specu.
latlOns were ds6strOus and he lost all his property
Then IL was Lhat tbe sedncer found ready victim,
ana she commenced 10 yearn Tor things beyond her
reach On one occasion she said that all she needed
to make her an elegant lady and popular
with The eHte OF New York was money. Alter the
loss OF ais property he got position collector OF
internal revenue, and from his earnings he gave
every spare dollar. About this time the wife be-
came acquainted, in an evil nonr win those people
wlo were subsequently instrumental III eiectlng ner
ruin she fe INTO the society OF FourIerites. Agra
rams, Mormons, SpiritualIsrs and ree loyers-wiIh
those with whom every Jack has his Gill.
LOOK UPON THIS PICTURE AND ON THIs.n
Gentlemen, com pare that picture with this:-
can tell he that loves his children how many
delicious accents MAKE mans heart dance in the pretty
stammering their little angers their innocence their mper-
fectons their necessities, many little emanaons Of
Joy comfort 10 him that delights In their persons
cey but he that loves not his wife and children feeds
oness home and broods nest of and blessing
mens of God en]oining to love hs wife nothing
but necessities and capacities for JOY he that
loved is safe, and he that loves Is joyful"
MRS. CALHOUN COMES ON THE SCENE
While Mrs. Mcfarland was at the White Mountains
o new character appears The scene. refer to q
woman then commonly known by the name OF Mrs.
Calhoun q plotter, q cOnsplrat0r, q panderesS, a
procuress from beginning to end This woman be.
gan to write TO Mrs. Mcfarland to plant IN her
breast the which she hoped would rfpen into