The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-03-08
Mr., MACFARLAND'S TRIAL.
,ouysRAHAM'sA arc U.MENrBEFoRE
JTDGE BEDFORD.

gcafhlng Ncbukc 10 =
NJ, t.rahnm Pays His Compliments 70
,,dge t.nrVin-Tbe Trial to Take Place
=. I,riI-A Motion TO DO Made to Admit
Mcfarland 10 bntis
Yesterday was the first day of the March term
=. us Court Of General Sessions. large panel Of
..u iururs was called and q number OF them
,-..,,cd Amer tire transaction OF some prerimL
az, business the case Of Daniel W. Mcfarland
.m, % the notice Of Judge Bedford. 1t will be re-
n,mbered that on a previous occasion Mr.. Spencer
.,,eusecd that ,lc defence would probably be ready
,s.tsrda, and most certainly ready upon next Mon.
AZ hriria' NJ J In Graham a id Edridgs Gerry
,s,, present to represent tie interest OF Mr.. Nc.
garland. Mr. Graham arose and began addressing
ne Cour, upon motion 10 SCI the case DOWN Tor
i,J certain for trial
JOINS oRAuAH's ADvAgcE.
.ua, It pleqso the Court" said Mr.. John Ora
ham rl.inr, " | desire ~ maze motion in the case
N he PEOPLE against Daniel Mcfarland. i move
hat time be designated by the Court Tor tue trial
M M Graham sild Tint there seemed to be misap-
preherson the par % the public press that the
reason Why Mcfarland was not tried was because
Ne counsel were not wilitg to have the trial pro-
eesi exue liIOusly This misapprehenson had been
uso confirmed IN measure BY tue speech of
Inc District Attorney when addressing the
Inry In the ~ REYNOLDS tried recently In the
O,er aud Teruincr. "Sucn," said Mr.. Graham. " is
,ot iho I,tt McPsrands counsel arc here to-day
10 Ak tie Court 10 time hen the trial snail pro-
eeed" " What did tue District Attorney OF this
toualy DO = iutcrfogriyeiv continued str. Graham,
b. lace becoming nu.hed and lis voice graoually
rising, thus awakening tue interest OF the sCecla'
lors, and creating stir in tie court Dom. what
~ he say " tue case VI
JACK REYNOLDS
when ho was dressing the jury Because ofwhst
be unnecessarily said on that occasion / am cOn
strained to make areply. lie sail, replying to Mr..
HIVE, tat tue reason why other important cases
were rot pressed or ull at once was. that In two
a. t.f bod s.t uuft a
10 get te~tmuny,'
Mr. Graham said It was clear In his mind that
he McFui,ui case was one OF the two cases which
the ID. rid Atolue! md alluded to, tie other be
ing tue Case Of JACKSON, In Which Commission
hld he,n issuel 10 examine witness In Cuba
While uc ct cnufnts counsel did not mean to
charge oIccdy decay upun tie prosecution, they
were GtttfuiHcu to Gear themselves IRON the impu
huutnaiit WIS tDcy Nht were dsia,in. the trial
Dr.. CDlJm give q detailed statement Of the char.
actor of soy lsI LEGAL IuUeIs Nhicu had passed lie
tsecH TIE COUNSEL Tor the defendant aud the DIS
E.ci Nt'racy.
ruE PROSECUTION HAD NOT ACTED
promptly, IL should have done, IN response TO
WAT tie counsel ior Met .iaue wanted 10 have
done iu order to have tie 'rill srecdlty reached.
NJ, Or.i.m thought that the importance add extent
Wcba-iuess which lie lad 10 attend 10. nom DAY ~
day ".s us great a. q az WLih the District Attorney
had IT, attend to. lie charged that tie prosecution
bad allowed eigi teen days to pass before answering
viii cross tnterrogaiorics q legal p3 or which
bad abroad, and that those siutcrrogatories
tosll lave boon prepared In fiteen minutes aud
hey were tuvllous and miserable. Ar. Graham
uuc4cd tie character and number OF other cross
nterfu-atulies Nhch had been prepared los the pros
lowey lccaUso u tho length OF limo which had been
consumed Ia preparing them.
COUNSEL nEBUkINa JUDGE.
md 90 seemed, said Mr.. Graham, that the Judge
VIII at ON tAe bench when Jack Reynolds was
lrti, also had a hihg 1T Mcfarland. That Judge
hal introduced, In lis charge tie Jury an asser-
ZION - relation 10 insanity-a charRe which the
tried b,.o'e hin, aud vi ich assertion, Mr.. Graham
he'd ,4n.uroO tDe JJIy 80 tlat they did not acQuit
Co.e a t,.u which would not lave happened had
Judre u utuAn been more discreet. Mr. GRAHAM
s-H that Gle Judge who sat on the bench when Rey
noIis VIZ tricd, md who quoted what he had pre-.
viou.'y slid aOout insanity, as connected with
intense menlal excitement, quoted not so
nuea 70 atec, the minds OF the jurymen in the
Reynolds case, - 10 effect the minds OF the
immunity 10 large from whom the Jurors must
tome VINO are to decide the Mcfarland case, with
Tie great inheritance OF Judge Ingraham's vieas.
Judge l-hi tm. no doubt, ~hen lie IN ide tnis utter
enre, rs suffering from tie disal pointm6nt conse-
4len upol he being denied tue lesa report lie had
lt1.e! Tor "tru the motion 10 remove this case
IRON the ter' raj Sessions to the oyer and Ter
amer Wls G,i1ed MIR Graham added that no
duNt The tro e,udon would refer TO this otinion
whe w" lur, aen Were tmpanelled 10 Try Ne
far-rN Ar. Irtlpn thought that such apparently
were the
s,fI Vaccinations
hat uUs. In Ecie coucocting against his
c., u.f 90 i.. Of Mcfarland should be &c
te.g .ri O.. IS case must not be poisoned
By sre. The case must ue tried
on pipes OF the law and the yer
die % H % Ia.r % hlch they ould render when
TIE lD.... l,t. Sbn-iye 10 the trying position
10 ..4 ',i..ai g. placed. The outrageous re
El.. w.fsu Jrf. hGraham made was that whie
De .aI ..a Experience On the bench, anu
bef 'f he hic, ana had found many cases
WI 3. ..,t aiity had been set up TO account
fer %" tied by persons Who were al
nigs.f ninal charges. he never had but
ont u Was maintained tile accused
W. nent before lie committed the
tle ,H. thred at q time oil its commits
sl0t t. lOuent after. This Judge Iugr4-
hau own was rot the case, OF lie was
lgl' nd ina law OF our country, as such
Oct nablished In n number OF crimi-
IA DC found Oh consulting tie au.
PLEDGE OF SECRECY.
Nr Graham explained that the many rumors In
u'tl,.'lIn concerning Z course wniCh tue three
to4'clors Tor Mel atiand would pursue were nece,
t-H' 40 tie most speculative character. KNOWN.
l4t tltlt would be an Intense interest attached 10
ue c'".tC' OF tnis Case, particularly on the par
Rilru uOuli be taken ~ tue defence the ti.rco
teu -,.l Is tor McFHiinu had entered into solemn
pledge TO keep cir PROPOSE proceed IS to them.
t''-' lIeii p.eo-e Was 's sacred a. tpe pledge o,
aLs-on. MI. Glu-aIu kutw that the Court wa
sTu that tAe uid ut Mcfarland would he one
o. Unusual importance and widespread interest IL
Would DC
4 LONG TRIAL.
Therefore the other business OF the Court would
D. Affected hy It. Then let arrangements be made
pia, double sitting OF the Courts. The honor
spit JuA-e ana TIE Recorder could deClue between
iucm.'N,- us to who would preside at the NcFar-
hil uul. lhl- having been decided, tue judge
W.. ".. Dot 'o III attending 10 TIE Mcfarland tfia
t'4' .1 court In another rOOm. IL would be ne.
"a - leo tuAul. IN laTse number Oi men from
"Aon' 10 seiec, jury. lie suggested that
TWO THOUSAND
PERSONS Poo summoned fer that purpose and that
zen u1I'., addresses, and OCCUPATIONS De printed
si4t.. ~ ~
.e would ll.lher move that the arst Monday of the
Afh term q. the Court ne iamel a. the day for
WA OF Mcfarland. Mr.. Graham continued mat he
~ 4ei, In acting IA one OF the COUNSEL Tor Nc
larI d. - 10 other motive than a seuse Of duty az
al ...'. -al holding tie views tnut he did in ieia
L.LUUc
%. -.aHNEST OF CAPITAL PUNISHMENT.
cH' cul no; sleep. Tae charge was too great
81 al- o. 10, execution OF men, Mr.. Graham said
a. IIt.cTg Thar Iight has been usurned oy man There
" o.. t. 'AiInt TOR tue lGhCtIon OF such punish
' f'Ii. Ehc fgst HtyH ora man MAJ cgdiIy u.
as m1je dastTdiy murder INN ma
DISTRICT ATTORNEY CARvN
,'lIi' "as surru'ed botl at what the counsel for
,' '.'Ii 200 nad uttered aud the stg.e Ia which ne
80 q. A' Gle uiteHrce 80 TAR ~ he could possibly
- '"t llu.'cuuJn had done every thing II could 10
''" NE . e. ula Ot McFulnd. Mr.. Gprvin ex.
i"'" AZ Hs bad re- TonieQ 10 the defendant Is
''h I1lcrs Without Unnecessary deIi.
N4,l uo bYlro IN mind tha there y ale other cases