The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-04-21

The New York correspondent of the SPRING
field (Mass.) Republican writes:
The trial has progressed far enough for the de-
fence to show their hand pretty clearly, and as
Mr.. Spencer promised In his opening OF their case
they demand acqulttal on three grounds, which,
though entirely inconsistent and mutually de-
sructlve, they have tAr legal right to set up and
maintain and defend the law allowing the pris-
oner the benefit OF as many delences as he can
defend. They say, in the first place, that NcFar-
lanG was insane; In the next, that he was justi-
fed and finally, that peritonits and excitement
caused Richardson's death. The first two posi-
what need OF justi1cation3 nor can the last two;
for II peritonitls was the cause Of DEATH what
need either OF jnstl1cationf Percy Mcfarland In
his fathers arms is constantly before the eyes Of
the jurors; but no alluslon Is made to Richard
sons three orphan children, and the story Of the
husbands fancied wrongs and utter wretched-
ness Is repeated from the lips OF every Witness
neglect and brutality which Mrs Richardson en-.
dured before her proud spirit would suffer her to
receive the aid and sympathy OF friends. The
only important piece OF evidence which the de-
fence have added to the case Is Richardson's In
tercepted letter, Which Mcfarland read to so
many Of his friends and which provoked the first
shooting, few days after 1t fell into his hands.
The letter was not written, as Mcfarland used to
say, and as his counsel have repeated, while he
was living in perfect harmony with his wife, but
weeks after they had voluntarily and finally sep
arated, and mutually agreed on measures for
divorce. Richardson betrayed long and ardent
attachment and honestly declared It, and this IT
was which angered Mcfarland and provoked his
vengeance. Richardson's mistake In the letter,
and through the whole daft deplorable history OF
the affair, was his honesty and his manly ayoWal
of his intentions not allowing, as he expressed
it, public opinion to bully him one Bit He was
warned that Mcfarland was on his track and
sought his life, and replied; ~ know It, but
always see him tirst,' and so he did for many
times, and always the assassin skunk away, silent
and dlsarmed. So many times had this been re-
peated that Richardson had come to doubt his
danger, at least feel secure Of his certainty to
avert 1t. The prosecution were content and oblig-
ed to rest at first with proving the killing. and
will introduce the greater part Of their ey,dsnSe
In rebutta OF testimony given for the delence
Mr. Greeley volunteered to testify, and Will tes-
tify. that Mcfarland said to him before the first
shooting that he had decided to permanently sep
arate from his wife; that If she was fully resolved
to separate from him 1t must be so; he added IN
mni,s . ..u.. niinseii. =. r. Vieyeiaiu uiii tes
tify that Mcfarland sent him to Richardson to
say that he would agree that the separation
Should be inal on condition that the boy Percy
was placed at a boarding school until fourteen
years OF age, when he could decide to which one
lie would cling. ]. Henri Browne will testify that
Mcfarland had dogged Richardson's steps for
some time previous to the last shooting, looking
for IN opportunity to shoot him and not get shot
himself; that on one day, while ne and Richard
son were sitting in the Astor House reading.room,
Mcfarland suddenly stole behind the latter.
Richardson turned and looked him steadily In the
| eve for q moment. Mcfarland then went to a
window, as II looking for somebody there. Slmi-
| lar test Imony will be produced to prove that Nc
Farland was sane enough to watch for safe op.
portunIty to shoot. 1t Is not yet certain whether
Mrs. Richardson will go upon the stand; but the
prosecution desire it, and she Is fully willing to
| do so. A legal difficulty, however, stands in the
| way, and may be sufficient to keep this most I'M
portant witness silent and the truth from coming
to light. III the claim Of the defence, Mrs. Rich
ardson is still the wife OF the prisoner and conse
quently, under the laws OF this State, precuded
| from testlrylng against her husband. The ques
| tion involves the whole matter OF the validity OF
the Indiana divorce, and on this 1t ls doubtful II
Recorder Hackett has authority to rule. The re-
| cent decision OF Judge Swayne, OF the Supreme
| Court, Is said not to be fully applicable to this
case, and In any aspect the question is puzzling
| and complicated. 1t Is possible, however, that
the prosecution will offer Mrs. Richardson as a
witness, and throw upon the defence the respon.
sibllity Of denying her the opportunity, and OF
shutting out the most important and conclusive
| OF all evidence in the case. Mrs. Richardson has
| not yet entered the courtroom, though she WAS
| In the courthouse for some time yesterday, anu
| had long Interview with District Attorney Gar
| vin She Is now living at Woodside, N. j., with
| Mr.. Richardson's children and her own little
| Danny, and during all these trying days. US in
| those more fearful ones or last autumn, sustains
herself with remarkable hrmness.