The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-05-11
THE MCFARLAND CASE


The Mcfarland trial has resulted, as was gene
rally expected, in the aoquittal of the prison.
er. AS there was no doubt or denial of the
fact that Albert d. Richardson was delibe-
rately murdered by Mcfarland, this verdict
carries to q greater extent than any other
previously rendered the unwritten principle
of American law that any husband may with
impunity kill m an believed to be guilty of
criminal intercourse with his wife Hereto
fore this principle has been applied only in
cases where marital relations were maintained
in full force, at least in outward appearance,
while Mcfarland, according to his own
acknowledgment, had finally separated from
his wife, and according to her
understanding of the matter, this
separation had been followed by
divorce which she deemed sufficiently valid
to justify a new marriage. The only legal
ground of acquittal, under the circumstances,
was insanity; but as it is extremely doubtful
whether Mcfarland suffered from any mental
affection except the agitation and thirst for
revenge which mankind naturally feel when
they are smarting under sense of wrong,
the verdict may be fairly described as one of
the ''served him right" species which Anne
rican juries are prone to render. If the pro-
posed change in the law authorizing juries
to fix the punishment in murder cases had been
previously made in New York, Mcfarland
would scarcely have escaped so easily; but it
is impossible to find any twelve good men
and true willing to doom to the gallows a
murderer who claims that his ruling motive
was desire to vindicate the sacredness of
the marriage tie. However much judges or
prosecuting attorneys may pirate of the ne
cessity of strict compliance with the law as
it is written, it will never be obeyed in cases
of this description, until it is so modified as to
give juries an opportunity to reduce punish
ments when they believe that extenuating
circumstances Justify and demand such reduc-
ton. Practically, capital punishment has
been abolished in most States, except
in cases of extreme aggravation, where no
palliating or extenuating circumstances ex-
ist, and while we deny to juries the right
to legally recognize this fact, or to share the
power that is exercised arbitrarily by COVER
nors, we must expect continuation of ver-
diets which are neither in accordance with
law nor evidence, but which nevertheless
grant immunity from punishment to men
unquestionably guilty of murderous deeds.
The Recorder, in charging the jury yester-
day. said that ''Fourierism, free love, or SEN
timentalism on the one hand, and moral
reflections upon the conduct of the deceased
man or living woman upon the other hand,
could not legitimately affect their verdict,
but there can be little doubt that they were
influenced nightly by the revelations made
during the trial of the secret history of the
parties directly and indirectly concerned.
Despite modern progress, modern theories,
and Indiana divorces, the great body of the
American people are still imbued with pro-
found conviction that marriage is or ought to
be something more than a limited partner
ship to be annulled at pleasure. Mr.. and
Mrs. Mcfarland had their ups-and- downs,
their cooings and quarrels, their triumphs
and troubles, like many anothel
welded pair, and it is by no means certain
that amicable relations would not have beer
restored, and new chapter of matrimonial
come the wooer of McFarland's wife, and il
free-love busy-bodies and misshief-maker
had not become effective allies of the new
suitor. Such things have been done befor,
and will be done again, no doubt, but it doe
not often happen that SO strong combina
ton of literary, philosophic, and distin
guished influences are used to persuade
woman to exchange an unattractive old love
for q brilliant new one. That they pre-
vailed is not more astonishing tina
that the deserted husband, poverty-stricke
and incorporate as he may have been, sti
felt aggrieved, and brooding over an injur
which the law seemed to sanction instead {
redressing, sought vengeance with his CIV