New-York tribune., 1870-04-13

Nv the Court-You can move to strike it out.
c opseTyed as to his raonalty or irratonality. A
should not be willing TO state that he appeared 10 DC on
O. How long did that condition last. A. He was
always; every time saw him. which was at intervals,
durii 2 a period OF six or seven months; probably as
many ~ four times. probably not more than six His
appearance was the same at each time = >,
x2o%SeT e Mhen Ts Ss7 'he last occasion you 81" III"
Crosse xamned by Judge Davis-Q Did you
him elsewhere than In court A. saw nm IN ihe oice
OF the Commissioner; remember no other OCCASION .
@ When you met him the cause was in progressf A.
O. He appeared on those occasions exctedi A. He ap
pesred remarkably nervous there was strange APP
pcaranoe he was very intent and absorbed IN What was
sS Very much interested in the proceedings A, Yes
q Did he ask any questions A He seemed to he on on
the point Of great many times and was repressed by
hs counsel with some difficulty: O.,
Q. You had met him before 7 A. No, SIR. .,,
O. The result Of this proceeding that he took this
little boy and the mother retained the other ehldt A
TESTIMONY OF EDWARD K. PHILLIPS.
Mr. Edward X Phillips next called and examined
by Mr.. Gerry.
lam member of the Boston bar, and was retained In
this habeas corpus proceeding by Mr. Mcfarland; saw
him present In Court at different times.
O. How many times altogether! A. Not absolutely in
O. Between What period A. My impression is that it
along that time until september or October. ,,s
@. Do you remember the last time you saw n NM a, t
not to speak with him. -,
q. Dd you observe his appearance on those several
o. NH Won describe it to the jury A. The first time
saw Mr. Mcfarland the occasion of the first hear
ing and the final time when the case was decided then
he very much agtated and in fact his feelings over
o. Did YOU subsequently have any conversations with
hml a did; Mr.; Mcfarland wonld commence conver-
sations with me- which avoided, until at last, on one
occasion, he to me and wanted TO tell me his sad
o. what did he state to you then9 A. 1t very long
he gave history OF his life generally; what he had been
and what he was, and then he wanted TO tell me what
u4rfi
Mr Richardson going to marry his wife, and had got
10 calm his mind told him that court would take the
children away and give them TO a woman that was living
Q. What his manner on that occason' A. never
saw man SO overcome one was Sn very Ranu indee these
e What impression was created on your mind as to
.4cFarlandS being rational or lIatOnalf A. Iorneda
very strong opinion that his state OF Innd was very
irrational .,o
with him in which the subject renewedi A. He
attempted to tell it, but would not hear it.
O. Did he tell the same storyi A That appeared to be
O. Did You endeayOr to dissuade him from that view
O. And did he revert to it again in the same converse
O. And that continued down during these 25 converse
tons A. do not think that ever had but two or three
conVersatOnsM M MIN S peGe tate 6i annearance
A. He very much excited.
O. Did you observe the expression Of his eyes A His
whole demeanor that of wholly irrational man
the last conversation took place about the month O1
Crossexamned by Judge Davis-Q. You say that from
these several conversations you came 70 the CONCLUSION
that the man was irratiOnal A. Yes, Sir.
q You were retained by hml A. was SIR.
q Did you raise any such question or objection that he
was incompetent 10 have control of these children
count of bis insanityl A. never did that was not my
province Mr. Green, the senior COUNSEL was the man to
do that u.,
q Did you make any such suggestion to him in Court
q Have you record Of the trial any portion Of
itl A. No, sir that is on file. 90 .
hearing before the senior Justice; would be what
you call Special Term here
TESTIMONY OF DIR. JOHN A. WARD.
The next witness called was DR.. John A. Ward Hhis
examination was conducted by Mr.. Graham
ply scian and have been for the last IS years In
this city know Daniel Mcfarland very well he was
patient Of long time also know his wife
well; have known her since knew him.
Q. Did you Daniel Mcfarland on the night OF the
2lth of November 1862 the night before this alleged
ahOotingi A. Yes, Sir.
q. Where did you see him. DOctorl A. He came into
my office about O'Clock In the evening and remained
q Did you accompany him from your office : A. Yes,
q. Where did you go with hint A We walked down
Fifth-aye. 20 Tenth-st.
q. Did he have any and what conversation with you at
that time A. He came into my office in q muscular
rem9 With his eyes flashing & ana gaTng IKE 6aS %d
not know; have been roaming around have been
GSet sef m he said cannot s gy am in SSI horrible
condition; told him had never seen him in such con-
dtOn before he said he not able to take care OF him
self he sad have that terrible impulse claim that
have had several times before; gave him two grains OF
4
gong 10 bedand that did not relieve him. TO take the
other IN the course of an hour.
pne equal tot A 100 drops; 1t would make more than
O. And You gave him the equivalent of 300 drops of
nGdanurn and told him to take it within an hourf A
Yes, sir if he was not relieved; ~
Q Did you feel his pulse on that occasions A. He put
out his hand me- and it shaking that laid 1T on
the table; the pulse was running on 100.
q. What was the nominal pulsei About g.
q Did he make any allusion to night OF horrorsf A;
do not think that he did at that time he did on several
times.
wife in his Dreams associatng her with Hchardsona A
Not at that time
Richardson making arrangements to take his wife
away9 A. He said: Richardson is going to take my
@ You, Sir are physician. Have you studied mental
alienation! A. Not as an expert; ...,.-
YOU TO the nationality irrationalty of Mr. Nc
Fdrland A. formed the impression that his mind was
diseased. and that he was irrational.
q when did You first commence attending his family
A. commenced attending his family in June 1853, but
never had occasion to prescribe for Mr. Mcfarland until
O. Was he fond Of his wife A. He was very fond of
q And bow did she appear to feel with referenbe to
him A. She appeared 20 be very fond OF him also
q. Did you ever know of any difficulty between them
before 1919 A. No, Sir
q. What house have you known them to live int A.
They lived in 1855 at the house of Mr. Samuel Sinclair at
@ How long did they live in Mr.. sinclsrs housef A.
All Winter. until Spring. e,-.,..-,.
Were yog the medical attendant upon Mr. sincaS
@ DO you know when Mrs. Mcfarland became &C
1855.
@ DO yOu know where A. n was at one Of Mr. Sim
Glars receptions in Twenty-third-st.
q Were you presents a. Yes, Sir.
o. Have You been present at any other reception at
Mf. Sinc,ars when Mr. Richardson and Mrs Mcfarland
NETS A Yes, Sir.
O. Wheni A. In the Spring Of GO.
q Where thai A. At Mr. Sinclar's house in For
y-hfth-sJ . .
O. On any other Occasionl A. When he lived in West
Wishin gVOn- place, saw him there occasionally.
o. And what time was thati A. In December OF 1866.
O. Was the prisoner present any of these occasionsi
A / think not.