The New York herald., 1870-04-12
means immediately for the purpose OF getting rne
required legal advice from him.


required legal advice from him.
Testimony Of Merritt Mykham.
Merritt Mykham examined-I am an examiner OF
merchandise was so In 1865; have known
%, about naf past four. near Fourth street; was
with my wife; observed tnat he was very much
his hands were workins; ''H / think m NJ S, lave
seen men on several occasions as excited
saluted him, bowlng, aud saying GLOW are you,
Mac ~ he passed me rapidly; he had been in the
same ONCE with me; & he e.. came there in January,
stand ne removed on account OF his inability to
attend to his duties; he appeared as usual March,
1857: then noticed an abstracred manner. and he
would be talking TO his fingers; sometimes
he would mutter incoherenty; could
not understand what he was saying; he
would SIT long time unmOved and UNCONSCIOUS OF
what was passing around hinl; he would have TO be
repeatedly spoken to- these symptoms continued
alter September, 1867: had several conversations
with him; he talked mainly OF his children to
bring tneni up the sole desire OF his life; he
pearances could not have been produced by liquor;
don't think any one In his honest mind could nave
acted as mt did; that was my honest Judgment at
the time.
Cross-examned by ex-Judge Davis-I can't say
that he made any reply to me on the 25th ne bowed;
where met him was block below the New YORK
Hotel; 1t was about the lore part or March. 1867,
from the 7th to the 10th, before the middle, that
noticed his conduct; spoke TO HIM on business;
his duty was to make an entry OF invoices OF goods
be examined (Mr. MyKham examined at some
length on the course OF business in the oce) at times
these duties SUFFICIENT to keep man pretty busy
at first he performed his duties very we'll but later so
badly that IL was said ne would have to vacate the
post; myself spoke to Mr.. Marsh about Ii; he would
he working his fingers and looking az them while ne
was talking. ~.
REDIRECT had conversations with him at the
once and elsewhere; he was Ill in the summer OF
1857 and, as understood, had to 60 to the country
Tor hs health he was absent from the ONCE
s03 sR35us ss sak e sei ms s s Ssp @
change much; sometimes he was little better;
sometimes worse; hts conversation was always tae
n m aOf bQt tnrQ M Y
away from him; he came to Mr. McElrath's O1lce
NUMBER OF times after December, 1867; the pos
effect; he introduced him to me half q dozen times
over ne was very enthusiastic about the boy; he
had very nervous, excltabe twitchIng OF the
hands
TO ex Judge Davs--I knew Mr.. Mcfarland before
he went TO the office; he was not nervous In his
the proceedings In habeas corpus brought by Mr.
Mcfarland.
Counsel desired to examine the witness in refer
not having the original deposition the discussion Of
the question as to whether such evidence was ad.
THE PERRY MURDER CASE.
Mr. Spencer here arose ana addressed the Court,
In the Perry murder case he would be compelled to
attend IN the county Of Kings lie had already tried
The case had Oeen forced on, knowing that he was
engaged. His client was man with wife and five
children, OF whom he had not been robbed; but al.
though he was obliged to leave ne had every c0nf-
dence that the inter ests OF Mr. Mcfarland would be
perfectly SAFE
Senior counsel said he was sorry to part with his
colleague bnt necessity required IT, and he should be
dispensed with.
Testimony of Ex-POliceman Joseph O'Brien.
Joseph O'Brien called and testified that in last No.
vember he was policeman in the Fifteenth pre-.
cnct; on the night OF The Gath he was on duty from
eleven TO three III the morning Of the 25th: he saw
Mcfarland on the morning OF the 25th shortly after
twelve; he took Off his nat, raised his hand and
said:-"O' Brlen aid you hear the newss That
RUFFIAN, RICHARDSON.
Kansas;n he said, ''They nave even changed tue
name Of my boy Danny; he stayedlwth me nearly till
/ was relieved; he mad often walked with me since
the summer; my post when first met him was from
Eighth street to Macdouga, to Beecker, and the
walk with me round and roana, and alter
my post was changed he would walk with
me on the new post; he always talked about his
would not change; he walked at least fifteen nights;
some inclement; he would be dressed these nights
lightly; he seemed very irrational he seemed regard
less OF the weather; one rainy night in September,
when had my 0llclOth on, he walked without an
UMBRELLA he told me one night he was offered con.
sulsnip TO Cork and 200 TO give up his wife and
such woman for ten thousand cents; he saio,
"O'Brlen, would not give up my child for consul
ship to the Court OF Heaven" (Sensation)
TO District AttOrney-I met him first one night in
summer, after twelve O'Clock: he spoke first to me;
he opened that first, conversation told me who
he was and where he boarded, and his family
troubles, and I perfect stranger; after that he
walked with me occasionally; was. shifted to the
post higher up; l met him after that the
occurrences saw him Eleventh street, near Sixth
avenue: when he came 10 ne he threw up his arms
and halloed out just as have said; he never had
said these same things to me before; what he had
said before was generally about his vile and his
troubles, and his children.
Counsel for the defence here announced that the
adjourned till this morning at eleven O'Clock