New-York tribune., 1870-05-11

VERDICT, NOT GUlLI1.
The eliminating events in the Mcfarland
trial. yesterday attracted to the Court OF General seS-
sons larger crowd, including great many ladies' than
probaby ever succeeded before In gaining admission to
the Court Room The expectation that DstricAttorney
Garvin would up the case for the people, ana that
Recorder Hacket would charge the jury, and verdict
might possibly reached extra incentive TO draw
people to the Court Room and tho services OF Capt
McCluskey and the efficient Court Squad under his COM
mapd were taxed TO such degree TO necessitatc
sending for several policemen, who rendered excellent
service in keeping the approaches to tho CourRoom
clear.
Recorder the counsel both sides with the
exception Of Mr. Graham who came In after the opening
of the Court arrived few minutes before H. anda
the formal opening Of the Court DisrictAttorney Gar
vim commenced to up the case for the people, Dis
address occupying two hours and twenty minutes In
delivery.
Tho following Is his argument
Jr vour Honor please Gentlemen Of the Jury: " Is
transactions Which have occupied such length of time
as the present trial This trial has continued for period
of more than five weeksalmost three times the number
OF days that jurors IN the box Ana II ths ra
had occupied three times as long as s on s
gaona duty owing alike TO the Pd9hf 70 aea nj ,To
ei22@erh pe2ef at tHs nayS to
ton of time in regard to questions Of thls iDonehl9
the charge against him. has right to be brought before
a court and tried by jury and no man has right 10
to YOU gentlemen that 1t might be TACT In ths case
and Mrs Mcfarland entirely innocent of the charges
that have heaped upon them In this easel Here
from center to circumference by civil that shook
the civilized world was in the Federal army endeavor
ing to put down unboly rebellion which struck at al
the best interests which are garnered up in the Govern
Of our country. He was man who @ sGherea Two %
hands OF the Rebels. And yet this man, without any
proof aganst him. without fact except such factsa
in he
been brought here, Is charged WIN crime iOr wnlC1 @
him 10 his long account, without preparation, without
question: without trial Gentlemen, put ~ 10 you as
it to men Of the world wherever and whoever they may
be- whether Inarres his mistress except upon
NAV have done the same thing hundreds of others
and does he take her to his BOSOM to rear hiS n o &
down TO tho gravel Docs Lie vomaI .a1o WHO ,o
his embraces ,;,tod 70 "iff m and w0in Who ay
have submitted embraces OF othcrsf TIE defense
says that divorce took place. Well we take tne nd a.
why was there divorced Unless they wanted u put
themselves IN position my and VIE IIafs tic
reason and that is the only reason And they furher
him and her by its consunimation In maIrago SeIe-
mony the Astor House. Suppose he did! what, them
and she regarded him az a pure man How could Nc
Farland complaint Ho had given her mp two years be-
fore He said it to Sinclair, he said 1t TO Johnson ne
said it to otLers"I never can 1--we with her asa-
and she told him she Would d 9rG o1 live Si6 T n he
4 lis not for me to say. You, as common sense
nrss mn dno n your 20 mnds LOOK Over this whole
ease what the probabilities are and see what the
position was in which they stood toward each other
am not here to defend aduterersi am not here Tor
the purpose tearing tLe sacred interests OF society
rot here for the purpose OF Dreahng ~ up ~mappy
homes! Neither you here for any such purposes az
that but you here for the purpose Of carry ing out
well OF any other community that snail ever come 70
hear anything IN regard 10 t rs case las coupse TO appea
against the law, for he says he took vengeance in his
in erect, we killed the mani got the pistol and We
waited and We watched until he came & ana then Hi
body else but We shot him" They say, I've adLrt
We're not responsible. the insane spirit in the
man that prompted the deed He did not act for himself
in what he did, but he acted under the influence of
frenzy or insanity which carried him out OF himself
And therefore he is not responsible Why gentlemen,
they effect that this man can't be defended ON
any other ground and therefore they resort to that
must die, must die by the hands Of destroying hus-
sSy SaHas Eve SGs are Hn % they must say was
insane, and therefore not responsible for the act'
HTW how the c"ndon Of the prisoner The law as
the Court will tell you when his Honor comes to
sane 1t not only presumes the prisoner Is sane,
but it presumos that all men are sane until PROOF intro
them They must establish tho proof of insanity when
they call ON the jury to aegu this % t1ey
man but we are guilty, because not respon
sble at the time the act took place Now shall not go
ont. WE WE say. You committed murder" We show tho
fact The prisoner and his counsel admit It, Now, on
me 10 show you what insanity is. 1t Is not for me to
travel through tie realms Of space and td out whether M
insanity originates in the mind or IN the body or IN the
mind mind and the body-producing disease in some
mysterious way. That is not my business here.
Every man knows whether he was insane or
not at the time he committed this deed. 1t Is not
ali tho externaIs OF a man-wavering lips, shaking,
mumbing talking to his fingers, and so on IL not
his conversations his actions is not either OF
these alone; but all OF them together, In comparison
with his former SELF which go to make up the proof OF
this subject to call attention TO the rule on the
subject which is plain, 80 easy to be understood ta
be juror in that box, whether he has studied
law or not but understand it perfectly weland
any woman in this court room And there is
in this case. | will read it to You: "what constitutes
insanity Of mind is question which has been very much
discussed especially OF late years ana the Opinions Oh
learned Judges seem at nrst view TO DO con-
% B uSH n ID he 70 he nnse y Sy
respectively In Judgment The degree OF insanity
the party in some may not suffice in Others
regard insanity where there Is no frenzy or raying
deuson or, ply sicians express it, Illusion hal
mcinaton and this insane deluslon consists In belief
I'm facts which rational being would believe 1t is dis
tingushed from moral insanity which consists in the
peryerson disordred state Of the affection or moral
of the mind in cOntradstincton To the powers OF
the understanding or intellect The latter state OF the
mind is held not sufficient to invalidae WILL unless iii
accompanied by that deusion matters OF fact which
the test OF legal insanity In criminal cases. in order to
must be- shown than wond be suicieht to discharge
obligations OF his this the rule OF
law understood To be this That is not to be
cused from responsibility If he has capacity and
sufficient enable him to distinguish between right and
wrong to the particular act he is then doing know
edge and that the act he doing wrong
and criminal and will subject him to punishment"
Now gentlemen, that is the rule In this by which
you are to be governed Whatever rule of law is laid
down in this by that you must be governed and by
that you Now If that is the rule of law in tins
and that the test by which must be controlled
portions Of this and ask and see
whether this insane What do they proNef When
did this insanity commencei Where did II commcheef
And what Is its causef Did this insanity commence ne
the 18th of March, 1867 Did this insanity commence