New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-11

BY swindler by betrayal Of political friendship by
Che variety Of social insults could be Just az
logically estimated bs jurors in other cases outside OF
law, the wrongs occasoned by seducer All WRONGS
may exenuate homicide from the degree of murder 10
one OF manslaugher when the violent yndcat1r OF the
Is In state of sanity and under passion Wlch uoes
permit design TO take life But laws against h0m
wrongs and OF temptations thereby to commit violence
ut the instigations OF malice or passion Uhuer any
is not at liberty after his passions have had time to cool
and after the tempest of excited feeling has subsidized
Victim of his resentment and without the Intervention
OF forms Of law the Of his peers t9e
of the violated majesty OF the law. ,,,.- ,s
TO enforce its through the constituted tbu
mails OF its creation and has not In any just or
duties of this high Office We must carry into effect the
law Of the land must enforce its solemn mandates
aud not nuify relax its positive commands ny hn
placed sympathy morbid cemency IL our duty is
clear we forswear ourselves If we do not perform 5
This duty we must discharge at whatever haZaru
whether painful dsagreeable Ne1ther milnoou VI
honor the restraints OF conscience nor the solemn man
dates Of the law allow to decline its performance OF
10 hesitate at Its execution. 80 ., .Ao ,orr os
we find IL in our own appointed sphere of duty. Ihen
shall have cOnsciences vodof onense toward an men
oath and in Conformity with the obligations which rest
upon us We have, faithful and iaw-aOdiPg citizens
executed the laws OF the land.
AT the close Of the charge Mr.. Graham and said
zone request your Honor has not noed-the senteIe
cited from wagners will send for the book"
Recorder Hackett-J do not recollect it.
Mr. Grabam-well, read il in my argument 1t is the
charge of Recorder Hoffman ia relation to frenzy
Recorder Hackett-That meets with my entire appro-
hst,On, and SO charge.
The book speedily brought and Mr.. Graham
enched the spike for the defense by reading the
words:
81 have been requested" says Recorder Hoffman, to
S,,nt Of frenzy he cannot convicted of murder in
t,e rst degree not only charge tha proposnoh tus
II MS mind was in that condition he cannot DC cohYiced
Of any off nse"
MIR Grahau.-I except 10 each and every sentence OF
re Ee orders charge except where he charges our ex-
rss requests and except to each and every refusal On
csafge with the effect as II specific exception was
entered to each sentence.
entered 10 each sentence.
The Recorder closed his charge at about five minutes
before s. and the jury retired. During the interval OF
their absence the Courtroom became gradually luhel'
sr5 avery available inch seemed to be occupied both
sitting and standing room. The effect OF the suspense
upon The prisoner and his counsel was very nouceaDe
Mr. Mcfarland still wore calm face, and Signs
~ perturbation appeared in either his countenance o.
manner save an occasional Quverng OF the eye which
seems habitua The senior counsel, Mr.. Graham, SAT
with lis face buried in his hands, and was
evidently laboring under great excitement
MI Gerry little pale, put 0ther-
wise evinced particular emotion Az precisely
lomnutos to g. the announcement Of the crer, Conrt
come to order !" caused buzz Of expectation among the
iury after an absence Of hour and fifty minutes,
came in and took their seats. The question was then
asked them by the Clerk:
Have you agreed upon a verdict
Foreman-We have, Sir.
Clerk-Please TO rise gentlemen of the jury Jurors
look upon the prisoner; prisoner look upon the jury
Gentlemen of the Jury Do you find Daniel Mcfarland
the prisoner at the bar, guilty or not guiltyi
Foreman lin a clear, emphatic voice)-NoT GUILTY!
Upon tie reception Of this verdict smutaneou
cheer arose from almost every individual in the room
and the excitement, which attempt made to que
rose 10 such pitch that the courtroom for fifteen min
utes thereafter perfect tumut of hurrahs and con
cratulations McFarands friends pressed around him
Percy leaped upon chair and waved his handkerchief
and the ladies commenced ndiscrminate kissing and
shaking Of hands One elderly lady in black, who has
been In constant attendance upon the trial since its com
mencement, passed among the jurymen shaking hands
with each and thanking them for their verdict her eyes
OVERLOOKING with tears, and alternately weeping and
laughing.
In the midst of the Joy Mr. Gerry addressed the Court
II your Honor please, move the discharge of my
client.
Recorder Hackett-He is discharged!
The congratulations anew, and Mr. Mcfarland, q
prisoner no longer again the center of noisy and
uncontrolled happiness, and thus the great Mcfarland
trial ended.