Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-05-11
MCFARLAND.
The Charge TO the Jury-His Acqu

The Charge 10 the Jury-ltis Acquit-
tai.
Upon the conclusion of Mr.. Garvin for
the State, the Recorder addressed the
jury. The accused was not to be convicted
upon prejudice toward the dead or the liv-
ing, or because public policy may demand
an example. They must cOnscientiously
reject every fact or circumstance in the
evidence which in their estimation cannot
illustrate the question of sanity or insanity,
or of malice, or which does not bear upon
the time, place, mode and act of killing.
The state of his domestic relations it was
not material from them TO adjudicate The
question was, how did the prisoner believe
about them, and how did that belief i'm
press his mind-sanity or insanity.
The Recorder then proceeded to charge
substantially every proposition of the coun-
sci for defense upon the subject of insanity,
and continued: IF you believe that the
accused armed himself wirh loaded pisto
and sought out the deceased and shot him
upon grudge and malice, intending to kill,
he is guilty of murder in the first degree.
II, having loaded pistol, he shot the de-
ceased without intent or design to take
ife, in the heat of passion, then it may be
ither manslaughter in the third or fourth
ldegree.
Inc 4eoCuIu6I N16u ClhIk56u L1OSl Ol lub
points asked by the defense as to the first
eshooting, namely: That it cannot be taken
as evidence of malice, unless the prosecu-
ton had satisfied them that the shooting
was feloniously and not in astate of insan-
ity. The jury are to discard it from their
consideration altogether He declined to
charge that the non prosecution of the de-
PENDANT therefor is strong evidence that
the act was not deemed a crime at the
time of its commission The upholding
or protection of marriage should have no.
thing to do with their verdict. Fourier
ism, free-ove or sentimentalism on
the one hand, and moral reflection
upon the conduct of the deceased man or
the living woman upon the other hand are
not legitimately to affect their verdict.
The infexible rule of jurors should be that
the aggrieved husband or father, or other
relative who takes the correction of wrongs
into his own hands, with pistol or knife,
and is not insane when he did the correc-
ton, is not TO be acquitted because it is
the duty of any man to uphold the sane
tity of the marriage tie, unassisted by
legal procedure. If the prisoner took the
law into his own hands in a state of sanity
and with malice, he is guilty of felonous
killing; if in a state Of insanity, he is not
guilty.
The VcrdIct-A Scene OF Rejoicing.
At three o'clock the jury retired. They
reappeared in court at ten minutes TO five.
The silence of death prevailed as they took
their seats, and Mcfarland turned as pale
as a sheet The foreman finally rose TO
ask the usual question, and Mcfarland
stood up to face the jury. He trembled
violently and clutched the railing beside
him as if for support.
'1s the prisoner at the bar guilty or not
guilty." came the question at last
''Not guilty. was the answer.
The scene beggars description. The
whole audience jumped to their feet and
cheered, as though determined TO shake
the house to its foundation; even the court
officers Joined in the cheering Men and
women sprang over the seats and struggled
for the privilege of shaking Mcfarland by
the hand The ladies divided their atten-
ton between the liberated man and his
counsel, whom they lavished with thanks.
Mcfarland was very much affected, and
little Percy in his Joy jumped upon
chair, and waving a handkerchief, lent
his voice to cheering. Mcfarland soon
after left the courtroom and the crowd
dispersed.
4 Shameless Woman.
The Tribune will print statement of
Mrs. Richardson in regard to the difficulty
between herself and Daniel Mcfarland.