New-York tribune., 1912-02-01
Jury Returns Verdict of Murder
in First Degree After Con-
Sidering Case Until
Midnight.
HEARS HIS FATE UNMGvE0
Placed Cyanide of Potassium in
Medicine Bottle-Had Promised
to Marry Another Woman
His Letters in
Evidence.

Allison MacFarand was found guilty
of murder In the first degree last night
by the Newark jury before which he was
tried for poisoning his wife. The verdict
was reached at 11:24 o'clock, and word
was Immediately sent 10 Chief Justice
Gummere. who presided at the trial.
The Justice hurried TO the court building
in a taxicab, arriving at 1l:4O o'clock
The jury was then led into the room
where MacFarland sat with his counsel.
The prisoner merely glanced up as fhe
twelve men filed past him. he showed
absolutely no emotion. Deputy Cler<
George Maher then called the roll, ana
Lawrence Hooper, the foreman, an
nounced the verdict MaoFarland heard
the words Guilty of murder in the hrst
degree" without a movement OF his face
Prosecutor Mott moved that the prls-
oner be remanded for sentence, ana this
was concurred in by the chief justice.
Court officers then walked over TO Mac
Farland and put the handouts on him.
Directly behind the prisoner was MS
uncle, Andrew MacFarland. AS he
passed by him on the way TO his cell
MacFarland shook hands and smiled.
AS he left the courtroom his BODY was
erect and his step firr..
Two women and a score Of E.Hn who
had been hanging about the courtroom
all the evening were on hand TO hear
the verdict. They were warned by
Justice Gummere not TO make any DEM
onstration. When the foreman an
nounced the verdict there was scarcely
sound TO be heard.
To all appearances the most strongly
affected person in the room was tho
Justice. He remained seated on tho
bench for five minutes after MacFarland
had Jeen led away. Finally he arose and'
after waving his hand at the attendants
and lawyers, walked slowly to his cham
bers.
When MacFarland reached the Jail he
was met by Warden McGuinness, with
whom he shook hands, and remarked
We'll, warden. / guess I've come back
this time TO stay a long while. l hope
we vii! still be good friends Tho
warden assured him that they would
and then he took charge Of the prisoner.
Every inch of his clothing was thor
oughly searched during the night 10
guard against any possible attempt at
suicide or to prevent the prisoner from
injuring himself.
Effect of Justices Charge.
andad
long charge to the jury, sentiment
as expressed previously that an acquittai
would be the termination OF the case was
changed to one Of doubt. Up to that time
IL was generally predicted that the state
had failed in the establishment of its case.
and as both the state and the defence IN
summing up had urged against COM
promise there was but one impression as
10 the probable outcome
Then il was realized that more than ons
hundred and fifty letters. some OF them
from the defendants wife to him. others
written by Florence Bromley, the alleged
affinity and by MacFarland himself, had
been taken into the jury room without the
contents being made known in court The
Jurors had been out more than seven hours
when they ordered dinner. At the same
time it leaked out that the men had spent
their time reading the letters.
The chief justice dwelt upon the fact
that the state had endeavored to prove
that MacFarland because of his desire to
wed Miss Bromley. had placed the cyanide
in a bottle where his wife would unwit-
tingly take 1t. This the prosecution sought
to prove by circumstantial evidence.
dir nm -f2 M a
the court advised 'ft is necessary that the
concur, and they must ex-
c,uds every other possible Interpretation
but that indicating the guilt OF the de-
fendant. II this be not the case, then II
Is the duty Of the jury to find the DEFENDANT
not guilty.
But the crime Of murder by poison is
not likely to be committed before witnesses
and must. from its nature, be proved oy
evidence. Where facts are
to you that can be Interpreted 10
mean only the commission Of the deed, then
the defendant should be found guilty
The justice pointed out the steps OF the
state In its effort to show the defendant
guilty and then referred 10 the question
as to whether the woman took the poison
accidentally or with suicidal intent. The
court also referred to the testimony OF
witnesses as 10 statements of the defendant
TO them.
The defendant" the court continued.
has had opportunity to contradict these
statements, but has not ayailed himself OF
The privilege indeed, he has produced one
,ther statement made by him. So II seems
10 me. under the circumstances. you are
Justified in accepting these statements OF
witnesses who testified as 10 the defends
ants statements to them the. truth"
The Story Of the Bottle.
The chief justice here referred to adj
Missions by the defendant, as told OF by
witnesses, that he placed the poisonthlled
bottle where a bottle which contained bro
nide used by Mrs. MacFarland for medci-
lal purposes had stood.
This is his own story" the court re-
marked, las / recollect it from the test-
nony of witnesses. Let me say here that
lere is one aspect of the case, namely,
hat the defendant may be found guilty
Jf homicide even II he had no intention of
about without any ulterior motive and
solely for the purpose recited.
This was a deadly poison, put In a po-
sition so that his wife might take 1t easily.
The law of this state is that where 1t IL
proved that death has resulted from the.
reckless carelessness of another--careess-
ness so great as to show a disregard OF
human life no matter how innocent the
purpose might be-that person is guilty OF
pota