, 1870-05-12
The MFARLAND TRIAL.


Aa soon Is tho jury in the MeFar13na czso
h1d retired, those favored portions at the
audience which were wltEin tho bar and the
ladies' circle broke into groups, and engaged
in animated conEerBatlon, and ..dive1ea spnca-
lations as to the minds Of the Jurors, and the
probabilities Of their verdict
"That Inst point which Graham rot in, lust
/ as ne jury we're going ont, will carry the var
dict, " said a-gray-headed lawyer 1. Yes, said
another distinguished criminal lawyer, tsthat
was telling point II it wls an accident, it
was happy one for the Prisoner. But I sus-
os ~ I a nl y john 80 az to
The reader will remember Tbs. the point re-
feIred to WAs the additional charge which Mr.,
Graham requested the Court to giYe the jury,
which WAS il these words:
II hare been requested to charge Jon that
II the prisoner committed the act In moment
OF frenzy, he cannot be convicted Of murder
in the first degree. not only charge that
proposition, but II his mind vas in that condi-
tion he cannot be convicted Of any ofFence +"
Mr. Graham sent for the volume containing
that point, and read it from the book to the
Court and jury.
Judge HacRett said, with emphasis: tThat
has my entire appreciation"
And so the jury bad retired with that point
and the Judges emphatic endorsement Of it
ringing in their GAGS.
As time passed, and the jury did not como
in. doubts as to the result began to pervade the
room. Whispers ran around that thera was no
chance OF an aeqnittal; that disagreement
IVES all that could be hoped for BY the prison.
er's friends. The crowd increased to fearful
pressure; the eager spectators in the auditori-
um mounted and stood upon the benches, and
others came PRESSING in to take thu plnccs Oh
the floor thus left vacant. The gentlenaanly and
obligng attaches were button-loled by tic Ia
dies, and asked TO give their candid opinion as
m f41a
attaches candidly replied that It would be one
Of three things-guilty, not guilty, or disa-
greement- Watches were repeatedly consult
ed with nervous anxiety.
"Dear me, said and an old lady, looking at
her watch for the twentieth time, they lave
up my mind dozen times in less time than
that" '' We shall have no verdict this after
noon, that's plain, responded young lady.
a little before 4 o'clock thunderstorm
came up, and it became so dark in the court
room that the Gas had to be lighted, which
gave new interest and solemnity to the scene.
Half-past came and ahl no jury. at
4:45 1umor ran round the room, based on tic
alleged declaration Of one OF the officials, that
the jury were split square in the middia, md
that the fragments were having . violent alter
caton-ai1 to ai1-
dict for the day. Stakes on an acquittal found
no takers, and general gloom, in harmony
with the da1kened heavens, sottled rapitlIy
upon tue audience; but Immediately after
wards the simultaneous entrance Of a aash Of
lightning, and Captain McCloskey dispensed
the natural darkness and the spectacular
gloom, and gave the interest Of the audience
vigorous impulse.
7Hats on in court. Down from the
benches," shouted the Captain. "Down from
the benches there: stand back; give the jury
rcom," cried the officers.
.Are the jury cou,ing:" asked a1r. Young.
cosies. ~ 49, ~'s' Aps''o captain Ai'
"Oh, "a the jury arc coming" exclaimed
little Percy, hiding l1s faco upoa i,is fatherss
Knees. S'
NDoEn OF those benches. I. ma1a-ro,m for
tbe inrnra :" sternlr cried fha ofI;cc1s 1orc;,,,
tha excited auaitofa to their yeata.
In ths miiist OF the excitenent tha nriv,4a
or Jn1ra's deor Was thnovn o1,en .nd ~,
forpman ~ tba iurv vas sean sf1nt1;nc IN tLa
threshold. with his e{eyen feInw- fnrnrs cr,anneS
behind INN. n a sicnal from Gsntain Tccios-
Sev they fled slowir in. and aIid = a;lenco
as r. ;Icath' nansed In tha;r sesfa mnn,ant
1a}ar Jn5pn t{nckett ca.na IN anij +ooi- h;a saat
nnon lie bench. .TLcn eame ti,e renar,h1e .Ie
cferk. IN. Yauderpool. and took i1is n1sce Mt
s as nerfored ~, cd On anE % "nea ne
1,bon his ToiI.cs11 tr,a fho nra1,Ja ~ ;n,ss7,,,
~,.o ~e5 3a..l ~. - tIa .oc1.a5 NJ = r5a,
III msI ta III ~. +In ;,,,.,
e14aro5 ss To-, tia s,actatnrs st1s;naJ t1o
es.a - as+,r - .ss;1Sa ..,. % 1asu .t tuen
ears & us % II e. eatcn, s possioae' some prophecy
eaoao. ca hnt Ihs;r da.ss Msro ~ not @ nr,3
1uee, w. ~. I'D ~ ~, a.s11 ~ paopneSy
hAey we're s low anu no ONO coolo oAse guess
upun sn5 Srem ,,a,r =, o,o TIM o.;,, ,nos.
a1 hu a'm aGant1a1en sJ t1c ~ " ~ ;,,r ,,s INV
taih. uent4eme5 " nne july, naSe you
AG1eea AG. uP9a se1L a se1oiGTi H. r uu
80 nnAo 0'4'De'' LILY Z ~ 7A11A VIZ
nave. .:
a,,im p1otJhhn anhh;n,, se7A'o1' Aoa tn' soa'1o o'
"%men Ta rarse saro ;nrnra ,ri,, r;sa and .h,
p11T6nfIs ao i,,rr,. WI ,nI a1e sho nraoper ,ro.s
Tio 4no 5S.rI oI q 1nroIa nv H ionH nnas, H. o-
G iaok mn, ~ ,2a utou tne pilsonei'
~ ;Iers .uon ~ t,,ro3 ~ ,, a..
n,;sonsr and tis nrisonar VII, IpUm I"na,r1 ~
F,Is at1r n,,1,ta,sneo ,nI so-1o,rfni arr16ns51-.
n,,1nnsaa ~ that occss;on I,eId b;a deat;nv IN
f thair hsnfs. ani wcrc ahont tn make It Enovn ~
Tha 1-s1 scana 1t th;a moment was absointeIS in
dasc1,Inh1e. NJ. Graham mt in h;s 1ccua-
TONED seat with bia head bowed nnon his be-
som cnnrn'lse1 WITH nncontrnI1ahfe emotion.
n W liz 11s srgYnsea erca nis;n1v lain told Int
otheWise as firm az the rock at plym.
outh, where his forefa.hcrs landed.
Littlo Percy seemed para1yxed with terror, and
his lips whsse and parched, Glove to his teeth.
The audience held their breath, and tho
deathlike stiffness vas only broken by womcn's
sobs- ......
The Clerk. How Say you, Gcntenan7 Do
sou ind the prisoner ut the bar guilty, or not
guilty.
as the CLERK WAs asking this question,
VIVID flash OF lightning stteamed INTO the
room, followed BY thunder craah which over,
wneimeo human nstetauc9, Ano WHICH roAed
ma1eeIMe1y % 13e on doWn me hollzon:
Inc C4e1A Siepeatd1ne Tue quss1onl. now
say Toq, gentlemen 20 you hnd IN the prisoner
81 "A ne gar gollts OF 1ot eolHysy
Ire sorehan. Not gn1J;
~, sPoaoay l 'ne1e ~; asIsn non o, tae na5 asse
pty sncn shout o. APPlause anu PI9l9ngea
c1eef1ng 10 p1ooaols never De1o1e nlled ING
aAA o1 me denera! oess1ons, anu a scene OF
1naeeGs7bable fe1olc1ne anu eonetatotaaoh 1ol-
io~ed, Wn1cn me hecnruef ana omce!s Oh
the couts Maoe ho sttempe 70 Han9uiluze,
as all felt that II would nave neen utterly m
possible 70 check the Wild e enthusiasm n OF the
around him, shaking hands with him, andpray-
ing heaven 1oT b1essings % on hls head
LADIES' sel1ed h5fle ferey IN thelr aims, ana
hugged anu Nssed INN Sith HouaMy tenaeI-
ness and affection; cHea g. o. aMsFarland, i n .s,
Eve ne yon5 hanas an ana aaanhs oe 10 ,ne
peated!y given for the prisoner, and LOT LIS
counseEA1r. Graham.
The brother Of Mr.. Mcfarland pressed for
ward, in tears, to congratulate him; the ladies
surrounded Mr. Graham, who was weeping
like bog, and 'enthusiasticaliy thanked him
for his devotion to his imperilled client; mem
be1s of the bar gathered around Mr.. Gerry,
and expressed their appreciation OF the mag
nifcent manner in which he had prepared tic
prisoners case. In short, the pent-up e1cto-
ment and sympatbies Of the last five weeks
rafo;sins INTO a. arena OF SPONTANEOUS ano aSal''