The New York herald., 1870-04-19

up 10 tnat time been always most happy one
when ne came TO my house on that day IN Marcn
| nc said that Richardson had aided IN taking MS
children from HIM ana that y was cruel thing ne
spoke OF his children being taken from INN, and that
| II was very hard thing to see his home broken up
that nad been always so happy.
| Examination OF Patrick O'ROurke.
| Patrick ORourke was the next witness called,
VINO testihed.-l reside IN this city ana am an en-
| gneer connected with the Tribune newspaper.
@. Were you in the Tribune orce on the afternoon
| afternoon OF the 25th was down stairs.
| q. How soon after the shooting did you know OF
| 1t? A. The night watchman came and told me that
a man had been snot in the onice; was told that
| the man hao gone up stairs; l then went 10 the
editorial rooms and saw Mr.. Richardson there bleed
| Z. Who was there with him at the timer A. DR..
Swan, from the Astor House. and Mr.. England
z. Was Mr.. Sinclair about the eStabishment AZ
@ Mr.. England and DR.. swan were there-the
only persons theres A. No. there were others there
q Can you tell the Court and jury who were the
FIRST persons connected with the tribune estaDsl,
ment to handle Richardson after he was shots A.
cannot tell.
O. You were not there at the first A. was not.
q VINO went to nnd out anything about tue pls-
| sols A. cannot say anything about that.
q. Can you name the other persons who were In
'De g. Did YOU help to carry Mr. Richardson to the
Astor Housei A. Yes, myself and three policemen
carried him down the stairs; there we put hn on
| sIretcher and carried him to the Astor House.
Testimony Of Donald Nicholson.
Donald Nicholson sworn and testihed-l am secre-
tary of the managing editor OF the iftoune knew
Mr.. Richardson two years before nis deatn; was
once an manuensls for Mr.. Richardson at Fordham
nom April. 1865 January, 1859, and two weeks at
Woodsde IN .uly, lS69 ne mad pistol IN the house.
| a reyolver 1 think saw AZ Fordham; can't Tell
when "a lt: TO the best OF my knowledge ne mad
1t when went to nim; he Kept u locked up IN nis
secretary; was over at the Astor House after ne
was shot; took from him some memoranda lor tue
disposition OF his property the night snat lie was
shot; don't know who sent for me.
.. What did he dictate to you?
District Attorney-ls that competents
Honor's ruling. fnis was the object-to get his
money.
Counsel argued lhat unoer his honor's ruling,
they had right to show how his death hurried.
They nad the right 10 show that they at once conf
to press him FOR his property: hat they told
| him at once and impressed on him that he could
| not lve-itself strong element IN Fastening his
| deatn--beforc the wound had been examined and
passed on. He also claimed that he mad right to
| snow this to mpeacn Mrs. Richardson's testimony
IN advance but especially 70 snow that Rlenapason
| VINO had irenzed mis- client. lie should take
| the ground tnaL those VINO coht,ived TINS
ininuty were the murdererS OF Mr. Richardson,
and the prisoner was no more the murderer than The
mere pistol which he had discharged. There was no
part or this transaction which was more an illustra
| ton OF the whole than this he nad no purpose OF
revenge or assaing Others further than Was neces-
sary TO establish their defence Iney had already
| heved to exist. TINS was IN fact portion OF the
| conspiracy and It's c0nsunmatl0n.
The Court said he thought the counsel was MIS-
taken III hls statement OF the ruling. Since then lie
had carefully looked INTO the question: and IL seemed
to him tnat all the authorities concurred in the de-
csion thai this line OF evidence must be excluded.
| He read from Judge Bgelow's opinion IN murder
trial TO this point, and concluded by excluding the
| testimony.
| Counsel renewed his argument. On Mr.. Spencers
| suggestion he would state that rs Mr.. Richardson
| had been called on to indentlfy the prisoner his
| state OF mlnd was an important element. But
though the authority cited was authority, he con-
% qua S mot An y aha tor his
were beaten out by paving stone. Would tney
not have the right to SHOW that Mr. Richardson was
| strang!ed drowned2 The rule was this that when
his Honor came to charge the jury he could charge
them that everything OF this Intermediate character
did not matter II he got his death in the Trt0une
ONCE; but tins not rule OF evidence but rule
| OF Judgment on the evidence. They had received
| anonymous communications, some OF them evil
dently from scientific sources. on the incidents of
Mr.. Richardson's death. They, OF course were not
| present at his death. but were they not entitled
to inquire into the facts must they be precludcd
The Court SAID he had also examined Greenleal on
| Evidence and was satisfied tnat the rule was there
laid down directly contrary 10 that contended lor py
All questions relative to the memoranda taken by
| the witness were therefore excluded
Testimony Of Thomas w. Knox.
Thomas w. Knox was next called, and testified
O. Did You know Albert d. Rchardson9 A. Yes
q. How long before the shooting did you know
| him? A. MADE his acquaintance IN the winter OF
o. Did you see much of him within the last two
| years? A. saw him frequently at Intervals OF q
| month or six weeks and the lst OF October, 1867.
| o. Were you in the habit OF visiting HIM at his
A. les %neh ne ns ~ nace n res
dences A. No. sir, don't recollect yes, have
seen pistol IN his possession.
| Q. When did you see him In possession OF tnat
pistol9 A. In the year 1860 Mr. Richardson and my.
self edited paper at Denver City, COL; both carried
| pistol at that time.
q. Did you ever see that pistol afterwards A.
| Yes saw IL afterwards.
Q. Wherea A. saw II last IN February, 1851
O. Dio you ever see 1t after that with nmy A.
! Yes
O. whenP A. In 1852.
Q. After that? A. In 1866.
@. After thats A. Yes in 1866.
O. After that? A. No. sir.
Q. What kind Of pistol was that you saw in 1866
A. A six.oarreiled revolver; bought 1t for HIM.
| O. Was that the same pistol he had IN 1S6OY A.
| No, sir.
him in 1862 IA lie mad 1t from the summer OF 1865
| think IRON about january.
| u Where was IL that you last saw that pistol? A.
| In Siberia, Northern ASIA.
a. Were you IN the Astor House after he was
! wounded, A. Yes.
o. Dd You see a pistol on that occasion? A. No,
q. Aner he was shot did you go to the Tribune
editorial rooms before ne was removed to the Aston
Cross.examined-Q. DO you know the prisoner
| a. do not.
Examination Of James F. lie Baron.
James +. lie Baron called and testifed-I reside al
Elizabeth, n. j.; am assistant editor OF Price Cur
O. Do You know Daniel Mcfarland, prisoner a. the
| bar? A. l do; have known him since 1865.
| Never; saw him once at the corner of Nassau and
Spruce Streets l think it was In the latter part o
last fall; he was then IN company OF Mr.. Sinclair
| Mr.. Mcfarland was in my company az the time; we
| were going toward Spruce street; had met him In
| BROADWAY on my way up and he commenced talk
ing about his affairs; 1 requested MIN to walk alons
| with me, as l was IN too great hurry to be dc
tanned; just in front Of the Times building
| when Richardson passed us; Mcfarland saw Rich
| ardsOn at the time.
| Cross-exanined-By District Attorney. @. At the
| time Richardson and Sinclair passed you the prs
Oner and yourself were standing on the side walk
| A. Yes.
@. How near did Richardson pass to you A
| Near to brush by.
@. SO that you could touch him. A. Oh yes.
Q. Did you know Richardson az the time A. No
PICTURE SHOWN TO WITNESS.
O. Whose picture Is that? A. 1t may be the pic
ture OF Richardson, but would not recognize 1t /
my attention was called to IT. 1t bears genera
| resemblance to the man tnat was pointed out to M
| as Richardson.
q. That picture looks like the man you saw witt
Mr.. SlnclalrS A. Yes; see general resemblance