The New York herald., 1870-04-19


loved him; he charged upon her friends the use OF
certain artinces to keep her away from nimi he
saiu taas an influence was exer.ed upon ner oy aer
Mrs: Sinclair; cannot say that he named sister
OF Mrs. Calhoun; when ne produced his wle's
have seen Mcfarland cry about fifteen or twenty
Times; met him on several occasions IN
1858; he said something about Percy going TO see
his wife and Percy refused 10 show any aection TO-
wards Mrs. McFariand; | saw him three or four
times between that and 1869; the last time saw
HIN was In the month OF October; he was still dwell
ing on the same theme as In 1867; notices were sent
TO every. county in the State OF Indiana as to the
instance OF Mcfarland; It was while the habeas cor
pus proceedings were going on they requested that
notice should be sent OF any proceedings 70 our nrm
! never received any answer: | don't think these
notices were acknowledged.
Cross-examined by Judge Dav.s-I did not attend
the nabcas corpus proceedings In Boston; Mcfarland
went on 70 Boston on two occasions; have no per-
sonal knowledge that he went on habeas corpus pro.
disposition Of the case: cannot recoect the time OF
the final disposition; from the 25th or August was
absent from the ONCE about three months; McFar'
iand went TO Staten Island to reside with Mr. sand
ford he stayed there about ten days; don't know
that staten Island IS good place for fever and ague;
went into this firm as partner about the first OF
May; It was about August that 1t was not thought
prudent for him to appear IN COURT the haheas cor
pus was ABANDONED because sney a,a n0t w'sn n mn,
promise was effected; Judge Sandford was In prac-
tlce IN this CITY In 1861; he always maintained a
reputable standing his profession; ne is prac-
tisng In Boston; The other member oil the urn Is IN
tins city STILL
Testimony Of Denis Shay.
Denis Shay examined-l reside at 405 West Thr-
tieth street; am employed as law clerk; was IN
the office OF Sandiord & Baron In 1856 and remained
there until 1869; Mr.. Sandiord IS in Boston at pre-.
sent; knew Daniel Mcfarland for more than three
years; he occupied desk in Sandford's office, and
continued TO do so until the latter part OF 1867; OBJ
served change IN his appearance while he was
there; previous to that noticed nothing particular;
he was very soc iable, entertaining man; first no.
iiced the change near the ist OF March, 1867; re-
had star
and he changed; he lost all desire 10
enter on humorous conversations as previously
ne became gloomy; judged there was something on
his mnd remember the habeas corpus proceed
ings during their pendency 1 saw Mr.. Mcfarland In
the office: his manner on those occasions was excited
and he appeared to be wholly absorbed with ms
domestic troubles; he would endeav0r to be calm,
but he would be that way only few minutes when
ne would burst out IN wlid e%clamatiohis; examinations:
have never seen his excitement exceeded: when /
would ask him TO sign paper and DO other things and
explain them think he could understand II MS nnd
had not been absorbed with some other subject; after
l would explain everything TO him he would look
up vacanty and say he understood nothing OF what
| had told him; remember the proceedings in Bos-
ton; last Mr.. Mcfarland the latter part OF Octo-
Der, 1869; his appearance then was very much de-
pressed: ne looked at me as II my appearance re-
called his troubles he used to talk at random;
walked with HIM on Broadway, from Twenty-second
street 10 Eleventh sreet in these moods or excite
ment he was incoherent IN what he said; his man
ner then subdued; but towarG the latter portion
or 1t he became excited; saw him IN Centre street
year before that; at these interviews he was not
under the influence OF liquor; they were genuine
manifestations OF a troubled man.
Cross-eXamlned by Judge Garvin-I never knew
Mr. Mcfarland to drink except on two occasions,
and that in the mouth OF OCTOBER. 1885, he COM
menced the proceedings against Richardson IN the
fall or that year; he Staten Island In 1867; lie
went there In the warm weather, either IN June or
July; DO not recollect he remained there; ne might
have remained there two weeks; no went there In
order to be relieved from all excitement; be lved at
Stapleton on Staten Island; do not know whether
Mcfarland was under the care OF physician at that
time: nm while he there: lie
rather excited, and began to talk about his
case; we all sympothlzed with him; he
came to the Office and stayed the greater part o
the forenoon and then went back to staten Island;
when say he was mOnomaniac mean man
who has one subject constantly on his mind 10 the
exclusion OF everything else; Mr.. Mcfarland always
knew me; ne was always impatient when any othel
subject was referred to sometimes he spoke ntelii,
gently for few moments and then went OFF on the
subject OF his FAMILY troubles; saw Mr.. Mcfarland
altogether some twelve times before the last time
met hlm at Twentysecond street; his appearance on
the last few occasions somewhat similar. at first
subdued and then towards the end Of the converse.
tion excited; there were number OF subjects talked
about that don't recollect; we talked about this
| subject OF the, suit against Richardson; he said
nothing about the issue having been joined; he said
Judge Garvin-Thats so.
Counsel for the prsoner-Never mind; go on
Wltness-That mans witness might be dead be
! fore mans case might come on.
| Judge Garvin-That's so.
| Witness-He made that as general remark abou
| other cases; after that ne would speak about In
| family AFFAIRS
| Testimony Of DIR. William C. Anderson.
| William G. Anderson examined-I am physician
OF thirty years. standing; met the prisoner Augus
| 25 and 26 1867; he called >on me professionally; h
| was IN highly nervous condition with fever; his
pulse at 125 10 130; prescribed him drachm o.
every Two aoars Jat an nnqsaai a nose
was furred; asked him If he had taken liquor; he
| denied 1t, but admitted he had taken morphine;
formed the conclusion that ne mad mOrOld mental
| excitement; should say there was functional de-
rangement OF the brain; his mind was directed 70
one object 10 the exclusion Of all others; should
| think 1t o kind OF deusiOn.
Cross-examined-To Mr.. Davis-I could not cha
racterize his fever; he was laborng under FEVER;
| don't know where he was then stopping; told him
| to go home and go to bed, and expected
| to be called In, but never saw MIN after
aa ad On no e ana told hm
| feared he would have to go back to morphine
| he sent sort Of explanation afterward why he
had not seen Inc again; the second time gave hiu
| tncture OF opium and upulin; made up my mint
| he must go through run or fever; distinguish
| the dellrlum OF fever presents functional derange
| ment OF the brain; 1t Is result and not cause o
| the fever; did not see anything to denote organs
disease.
| Re-cross-I should not say it existed ndependen
OF the lever; 1t accompanied IT, but would Sill nave
| existed independent OF the lever
Testimony Of Mrs. Owen Mcfarland.
Mrs. owen Mcfarland examined-Q. Mrs. McFar
land where do you reside A. Thirty-ourth street
O. You are the wife OF Owen, the brother OF Daniel
the prisoner at the bar? A. ! am sir
q. What number In Thlrty-fourtn street do you
| reside at? A. No. 353
! Q. How long have you known Mr.. Daniel McFar
| land ? A. Thirty years.
z. Did ne ever reside in your family A. He die
| for four or five years.
q. DO you remember the time he was married? A
Yes; that was IN December. 1851.
@. Did they come to your house? A. They did.
q. Where did you live at that tine2 A. Newark
| N. j.; they remained with US eight or ten days.
@. DO } on remember the time that Daniel McFar
| lands wife went to the White M0untalnsS A. do
| that was IN the spring OF 1855.
| them intervals h61WQnn tnl
you first saw them In 1857 and the spring OF 1866
| A. did sir, great many times: saw them everJ
| year from 1857 70 1866; they were In my family.
| @. What was the last time they stopped at your
| house prior to the spring Of 1867 A. They cam.
| several times.
O. How were they living in 1sess A. rerfectl!
| devoted to each other.
z. Did you know Of any trouble between then
from 1857 to the spring Of 1861 A. never knew O
| the slightest trouble.
q. When did you first hear OF any trouble between
thems A. 1t was on the third day after their sepa
ration; tnat was IN the year 1857; never heard o
| any trouble before that time Mrs. Mcfarland wen
| to the White Mountains some time In the month O