New-York tribune., 1870-04-28
THE MCFARLAND TRIAL.
SIXTEENTH DAY.
TESTIMONY OF THOMAS DIVER, DIR. HAMMOND
AND HORACE GREELEY.

TESTIMONY OF THOMAS DIVER, DIR. HAMMOND,
AND HORACE GREELEY.
The trial of Daniel Mcfarland for the murder
Of Albert ID. Richardson continued punctuay at II
O'Clock yesterday morning There was as large crowd
present including many ladies' as on any previous day
The interest apparently has not in the least abated it
was intended to continue the examination OF Dr. Ham
mond but IL was suspended in order 10 allow OF the
animation, by Mr.. Gerry Of Thomas Diver, night
watchnan at the Tombs
TESTIMONY THOMAS DIVER
lam night watchman at the City Prison, and have
held that position year, and during the time That
Daniel Mcfarland who know, has been confined there;
my hours Of duty are from D. m to a. H and am ON
every night in the month but one.
O. Now during the time when you have been night
watchman have you had occasion to pass Mr. MeFar-
lands cell at night A. Yes, Sir.
O. Have you seen him awake at night A. have
heard him speak at night between the hours of 2 and
m. have looked in his cell, and he was awake and
said Good morning" have opened his door and seen
a light burning
O. How often have you found him awake between
those hoursi A. Every time went around ever since
To Mr. Garvine had light burning in his cell occa-
To Mr. Gerry-Q. Did you hear him complain of ina
O. Did his appearance correspond with his statement
A. His appearance did not see but once or twice
him in the morning; he looked like who has net
slept; he looked about as he does now.
TESTIMONY OF DR. HAMMOND.
The direct examination of DR.. Hammond then re-
sumed by Mr.. Graham
O. Doctor in reference it, frequency in causing
tai alienation how does domestic unhappines stand as
preventayei A. 1t is one Of the most import
ant reasons.
O. You have Travelled abroad have you not A. Yes,
O. And visited Insane Asylums in other countresi A.
have visited all tie prominent asyums Of Europe.
q. Could you give an idea OF how many insane peo
pie you have come in contact With A. Well, suppose
have 4OOOG have become familiar with probably
COO Of them in my private practices was IN Europe IN
Britain and the Continent have also visited great
many asylums I'm this country.
q. Now Sir, does Temporary insanity go by the name
OF morbid nnpulsel A. The eliminating act does.
O. understand you then to say that certain symptoms
O. And by acquainting yourself with those symptoms
you judge that that was the eliminating actf A Yes,
@ Then your idea is that there not only the symp-
toms that preclude, but there certain remnants or
5Sci Yas sG following the existence Oh 'n0'9 'p'0''
O. And from discovering the evidence OF congestion in
the brain OF Mr. Mcfarland you conclude that that s
remnant Of stronger and more violent congestion,
which existed previously and at the time OF the commits
sion of this actl A. conclude that there may have been
such act committed, but looking at the accused l
@. DO Won suppose that at the time you this
geston il existed in more subdued form than imnedl-
aely at the time of this acti A. Yes Sir think there
Is no doubt about that.
@. Your judgment scientific man was that 1t had
been of long standngl A. And that it had been more
violent at time.
o.. congestion
into this acti Yes, Sir taking into consideration the
evidence which have heard in the case and wmehI
O. And then understand you say that this mania is
Kind OF extension OF previously existing symptoms run
the symptoms have detailed having been present in
Mr. Mcfarland really existed and taking into cnsidera-
result Of my examination that think that the act itself
was part of the whole transaction
O. Taking this basis that you have Just stated, what
does indicate to your mind as to the sanity or insanity
iudi 10 NM mi
@ Laboring under what form of insanity A. should
call condition Of temporary insanity, which had been
preceded by symptoms Of melancholia.
@ DO You consider that these symptoms gradually ex-
ried him into this condition. A. think probable that
if he had kept away from The TRIBUNE once or avoided
sion; think that any powerful emotion might upset
O. Now can YOU give us any idea OF the duration OF
this mood that you call temporary insanity A. II may
last time from minute up TO couple OF hours In
which has recently been under my charge it lasted
about two hours.
medatey preceding the occurrence, what Il your 1ug
how long the maniaca state had been Mr..
like TO express any Judgment but regard that the test
mony of those gentlemen clearly shows that there
renee of the affair; Mr.. Mcfarland situated in
queer manner he had great many drugs IN his sys,ein
q. VIII you explain what You mean by monomana'
Object or TO a class OF objects; IL may be anything
q. Now, understand you to say that tins 'nporary
insanity you call it, is now wellrecoguiD css Of
diseases OF the mind A. 1t is wellrecog zod class,
but authorities differ in regard to the phenomenal
authors contend that man may be insane without the
appearance of any previous symptoms they do not dis
pute but that such state Of mind exists;
q. When man commits an act under the heat OF pas
sion, he tries to escape is that Characteristic of an in
aci A. The CHARACTERISTIC of AN act committed in
the heat OF passionthe first logical act-wOud be,
he recovered his faculties TO escape; an act
which is performed as the result OF temporary insanity
the perpetrator of the act lies down by the side OF his
victim and makes no attempt 10 escape.
The witness was then crossexamned at great length
by Judge Davis.
O. May insanity exist with reference to either OF the
four divisions OF the mind which you named yesterday,
wehou affecting either OF the others a. Yes sr out
such cases are not common they may exist without
affecting either Of the others.
mind, the kind Of insanity may exist A Yes, sir;
but perceptonal insanity is very modified ioil IN per
ceptiona insanity far as his Judgment Is con
cerncd, is man. III cases where man sees double,
that probably due to some arrangement OF the muscles
O. Now insanity OF the will of which you spoke what
il fhat A. Voluntary insanity is that forIn ia which
the individual loses control Of his voluntary power he
may lose themin consequence fsome alteration OF his
O. Now about insanity Of the intellect, Of the nteec-
tua department, will you give an instance Of thati
that the kind ofinsany in which the individual IN
capable of having proper idea of things and in which
he gnes state OF Things Ia exist that does not cY
in all intellectual insanity he acts Logical the distinction
between right and wrong in great majority of those
is mere abstract question.
q. You do not agree with the existence OF moral insan
ity that they attempted to establish In the Huntington
O. Now Doctor is it not fact that the brain during
O. And congestion due to great supply of blood
to the brain A. II may be in some cases sleep cannot
take place while there L. congestion IL Is stupor the
brain relieved Of the excess before sleep comes on
q. But men in state OF intoxeaton sleepi A. That
Is stupor t is not rest of the muscles you
make stupor by boring a hole in mans skull and
O. That is not commonly done I A. have done It.
o. TO which of these classes do you intend Ia be I'M
think existed ON the 25h of November last in the prs-
oner A. think that the emotional part of It was Ger
tanly due TO the cireumstanees should place him IN
the category OF emotional insanity.