Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1870-05-17
End of the Mcfarland Case after Thir-
ty Days Trial-Verdiot mot
Guilty"-an Unseemly


New York, May 10.-At the con-
clusion of the closing argument to
the jury by the District Attorney
Garvin, Recorder Hackett presiding
Judge, addressed the jury. The ac-
cused, he said, is not to be convicted
or acquitted upon speeches of coun-
sci, or convicted upon prejudice tow
ard the dead or living, or because
public policy may demand an exam
pie. They must conscientiously re-
ject every fact or circumstance in
the evidence which, in their estima-
ton, cannot illustrate the question of
sanity or insanity, or Of malice, or
which does not bear upon tho time,
place, mode, and act of killing. The
state Of domestic relations it was not
material for them to adjudicate Tho
question was "How did the PRISONER
believe about them, and how did that
belief impress his mind sanely or in
saneIy ?" The Recorder then pro-
ceeded to charge substantially every
proposition of counsel for the defense
upon the subject of counsel for the
defense upon the subject Of insanity,
and continued: "If you believe that
the accused armed himself with q
loaded pistol, and sought out the de-
ceased, and shot him upon grudge
and malice, intending to kill, be is
guilty of murder in the first degree.
If, having loaded pistol, he shot the
deceased without intent or design to
take life, and in tie heat of passion,
then it may DO either manslaughter
or murder in the third or fourth de-
gree" The Recorder then charged
upon tho most of tho points asked by
the defense. As to the first, shooting,
viz-that it cannot be taken as evl-
dence Of malice, unless the prosocu-
| ton satisfied them that the shooting
was felonions, and not in a state OF
insanity. The jury are to discard it
from their consideration altogether.
lie declined to charge that the non
prosecution Of the defendant for the
first shooting is strong evidence that
the act was not deemed criminal at
the time Of its commission. The up
holding or prostration Of the mar
riage relation should have nothing to
do with their verdict. "Fourierism
"Freeloye," or sentimentalisrn, on
the one hand, and moral reflections
upon the conduct of the deceased
man, or the living woman, upon the
other hand, are not legitimately to
affect their verdict. The infexible
rule of jurors should be that the ag-
grieved husband, or father, 6r rela-
tive, who takes the correction OF
wrongs into his own hands, with a
pistol or knife, and is not insane
when he did the correction, is not to
be acquitted, because it is the duty
of any man to uphold sanctity of the
marriage tie-unassisted by legal
procedure. If the prisoner took the
law into his own hands in a state OF
sanity, and with malice, he is guilty
of felonious killing. If in state Of
insanity, he is not guilty.
AT three o'clock the jury retired
They reappeared in court at ten min.
utes to five. The silence of death
prevailed as they took their seats
and Mcfarland turned as pale as Q
sheet. The foreman finally rose to
answer the usual question, and Nc.
farland stood up to face the jury
He treinbled violently, and clutched
the railing beside him as If for sup.
port. as the prisoner at the bar
guilty or not guilty ?" came the ques.
ton at last. "Not guilty." was the
answer. The scene beggars descrip
ton. The whole audience jumped te
their feet, and cheered as though de.
termined to shake the house to its
foundations. Even the court officers
Joined in the cheering. Men and
women spraDg over the seats, and
struggled for the privilege of shaking
Mcfarland by the hand. Ladies di
vided their attention between the lib.
Grated man and his counsel, whom
they lavished with thanks. McFar.
land was very much affected, ano
little Percy, in his JOY, jumped upor
q chair, and waving a handkerchief
lent his voice to the cheering.
Mcfarland soon after left th,
court room, and the crowd disper
sed.