New-York tribune., 1870-05-10

he
doctrine the better for be dsurbedabont
your family, little girl Families always respect ac-
oStlds1 oSfeI' mine Here he implies that she has ont,
RACED hers She had excuse to leave this man. moth
ing of the kind. He contihneS once outI5gen inle
great deal worse than you 'yer yours ara they arc
the ralghes sect ~ Puriars. but time made il all cor
rect" Now ask you th; Doc nt nG EN- nero cHoG1' % R
bo tells her that the niqnyo % te outrage ls really 70
brought about those ends are brought about
accomplished facts" are all the world wants .,o
GThe remainder Of the argument "aS concerning inc
alleged insanity Of The prisonerI
Mr. Graham then referred follows 70 the defence -
The point 10 which shall refer Is the council wnch
was called that Sunday evening, Ia 1867 that was tho
occasion when he was first notified that his wife
would leave him 1t was family GNne, sal,sd Nr
Oliver John soR inviting himself and his wife u be pres
ent stating the purpose for which the a., eby was
to take place. The persons present were, od Mr. ige
and his wife, Mr. Sinclair and his wife Mr. OVcr John
son, Mrs. McFarand and the prisoner al thc ai No|
Won will remember very curious feature IN the proceed
ngs Mrs. Mcfarland stated that she brought her lae,
there in order that he might hear her e TTSng r., NS" d
MI Sage never knew of anything that snonid r1
land from her husband Although his wife told story
which he must have known well as she yet accorng
TO this testimony Mr. sage was hcn gong 10 W % ea o
knowledge Of state OF facts which mp TO the zi' mo- VI
February 1867, he had never known or want 10 De par
tcular in regard to that ana ,mnk tna1 Is ,h G IL
why Mr.. Sage was not put upon the stand atnougn ~
IL fair infer that he knew as much a. his ~fe
tended that he knew nothing until his
to communicate 1t to nun on TINS occasion, III,
view, 1t appears, lasted about one ho'T. ,i az
"a
wife would compromise herself, compromise her chld
statement of her gres for you see she had summoned
set witnesses who would hear the facts JUST s so
and he knew that whatever he said, might at some
future period be produced against MN, ana ms
IN esnonse the cause of Mrs. Mcfarland against
him, he stood solely on the defensive Ihey uH
you however that he agreed to separation! That at
the end of an hour he laid his head upon the block and
asked the execuoner to sever from his bodyl Now,
Who comes into court to swear to like that Can
jury found the face Of this earth who are Wiling 10
powerful he may bel DO you believe, does any man
here believe that when Mcfarland went to this house to
that he retired from that house fully resigned
should get divorce from him, and knowing
that divorce all that was wanting in order that she
candle you can put ont flame; but the emotion OF love
such emotion Mcfarland felt for his wife-you can
not extngush In that summary way. Why gcntleIlen,
see grossly false that story is What the frst
thing this Unfortunate man does after that neengf He
that he was fully determined assert his marital and
paterna rights And yet they would have you believe
resigned his marital rights and that he never Thought of
reasserng them again until the 25th of November 1909
in order that he might have plea of insanity when he
slew the who had opposed him there. Can 1t be
truel 1 care not how many men come forward ana
believe it. What an inhunlan blasphen0us assem-
bly, that was! There they were collected togtther on
his throat species OF divorce, which could he 10
all future time used against him lie wrote 10 he county
Clerk of every county of the state of Indiana asking To
he advised If these divorce proceedings nad Dce llct
tued. He wrote several in the State of Illinois. From
first he has shown that he meant to give mp
his marital rights. Now at this very tune Mr samuel
Sinclair had done act which showed that he 'Ad not
really believe what he endeavOrng 10 impress upon
Your mind satisfied he did not believe II then, ana
am sure YOU Will not believe it now. At that time Mr..
sinclair letter to the ChcfJustce OF the supreme
Court of the United States, recommending Mcfarland
az a proper person to fill the position Of Registrar in
Banltcy Ths was on the 9Th Of March, 1867, and yet
the 2ith Of February, 1867, MI Sinclair would nave
YOU believe ne had deceed diy against Mcfarland
for sufficient We Judge men by their acts ana ~
that under such circumstances tins testi-
mony amounts to little few words now in reference
to o the most unnatural consprace5 ever suD,ail-
tiaed in "a court OF Justice. They have imported uto
this ease what they call the hrst shooting l9u re-
member il took place the night of the lst OF Marcn,
1861 Now you will perceive ttat instead ot calling capt
Calray and the policemen VINO Witnessed TINS ana tey
eudcayOr to make it tell against the prisoner by mere
conversations and admissions OF 9tef persons: Oho;@s
ness makes an alluslon 10 the nrsl shoog, anu say
that arand admitted that that occasion he shot
iis ss tiempted to- take Reharsohs fe and that he
meant macously take it the 2jth November, 1862
Mr.. Callahan, was, that at 20 minutes to II O'clock he
heard the dscharge OF pistol in fact he heard several
discharges. He rushed in the direction whence they
and then he found two men struggling IA the gutter
the top of the Other-McFarland under Richard
son-Riehardson top holding McFarland's hand down,
graspng the hand in which he held the pistol. Now,
they to to you that from the frequency OF the
discharges Mcfarland must have made several attempts
upon Richardson's lfe. But the testimony OF Mr. Gala
han Is that ball passed near4m as he was going TO the
scene OF the struggle showing that the bail was dis
charged through the exertons OF Richardson in holding
MrFarlad's hand under the circumstances stated Now
there is no evidence to show that Mcfarland
fired the pistol at him at al-no evidence
We have got to take this where the evidence puts it,
The men were down; the little under the other
man was holding his hand in the struggle the trigger Of
the nistol was drawn and three shots were fired Are
you going infer that Mcfarland nred at Richardson
and tha wing on Mcfarland necessary the pro-
lection of Richardson's life You draw no such con-
cuson All the evidence shows that the big man had
the little at disadvantage and that the little man
had pistol under such circumstances in law would
have Justified him IN using 1t. Besides 1t Is clear
that the witnesses who were upon the
the street These witnesses on the south side, and
the men were in the gutter on the north side Of the
nearly shot ne came up are We to infer that McFar
Suppose Mcfarland trial for that, where is the
Court tsat would hesitate to say: Gentlemen, the man
shot on the top OF the man who said to have shot
him. There u disproportiOn between them; and,
shows that it was fired of by RichardSon it VAS he who
caused that motion in the bullet which nearly resulted
IN its penetrating the body Of the witness. Now they
from this point to the staonhouse This man Is pre-
sened the BAR before the captain in command OF that
in chains That woman comes in She tries to rush be-
tween them The captain calls her To account, but she
OF the man she was determined to destroy.
What an awful thing There was husband,
her paramour before him What sight! Gould any
thing be worse than that No such thing as that
when the Police Captain said 10 her, Is this your
husbandl' she replied. He once was, but he is not
scous; his went far that fortunately
he able observe and appreciate the injury his
wiz was doing TO him. What deiNerance that
from the anguish Of such sight! You remember
the testimony Of Callahan that when Richardson
moved they first stopped ~ Amity-st to get some
night clothing and brandy she put her hand the leg
of this man Richardson and said: Il hope you not
badly hurt But for this man, her lawful husband she
had feeling, she knew not how he was, nor
how he was being treated. Her only interest was
for the who had rushed her husband
into the situation in which he was placed
Can more horrible sin be imagined than that .
IL was right which Providence allowed this man in tic
into which he fell to see not to
cnit In IN 10