Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-18
Burden Rests with State,
Judge Gummere Tells Jury

made by her, would. it seems to me,
be very different.
II cannot imagine anything that
would be a greater shock to a loving,
admiring and respecting wife, who
supposed she held her husbands
whole love, than the discovery of
letters such as the proof in the case
shows to have existed between Flor
ence Bromley and this defendant.
Considers Relations of Couple.
80 it seems, jas l have stated in
the beginning of my reference to this
part of the case, that the deter
mination of the question whether this
woman committed suicide or not must
be considerably influenced, at least, by
a determination of what in fact were
the relations between this man and
this this husband and this
wife, at the time of her death.
Now, If you say that you are I'M
willing to find, Notwithstanding the
oath of the defendant, thai the re-
lations existing between himself and
his wife during that short period of
reunion-if you are unwilling to find
that she had knowledge or suspicion
of his faithfulness up to the night
of her death, what are you going to
do with that part of his testimony
which suggests a motive for suicide.
II mean, how are you going to say
In one breath, No, we do MOI believe
that the relations of Mcfarland and
his wife were what he said they
were; we don't believe that he had
been discussing h question of d.
vorce with her with a result that
she had practically agreed to take
steps in the matter and then turn
around and say, We do believe, when
he says that on the morning he came
home he found these papers in a po-
sition other than they we're in when
he left home-in a position which In
dicated that his wife had seen them,
when we haven't the letters, and you
haven't got the documents that had
been written by Mr.. Lover
'.False in One Thing, False in ALL
I'VE have a maxim of law which
says, False in one thing; false in
everything!'
at Is for you. gentlemen, to say
how much credit you are going to
give to the testimony of this wit
ness. You can take such of 1t as
commends itself to you, and such OF
1t as does not, you may reject.
~ am pointing out what | con-
slider to be incidents and circum-
stances to be taken into considera-
ton in this first fundamental ques-
ton after the question of the cause
of death.
There is one other thing which
may throw some light on the rela-
tons of this mar and woman.
II would suggest hat if she had
no idea that this defendant was an
unfaithful husband, that he had be-
trayed the obligation which he WED
to his wife as her husband, that the
effect of these letters. If they were
In existence, and If she had not read
them before would, as we may natu-
rally presume, be very different upon
her mind from the effect they would
have had upon her had she known.
that she had lost her husbands af-
lection.
"But did not she know, or at least
suspect, that there was some intimacy
between her husband and Florence
Bromley?
Recalls Mrs. acFarland's Letter.
do you remember the letter that
MacFarland read upon the witness
stand. yesterday-the letter from his
wife, written in Maine, in October,
1912, the letter which began Honey,
dear and which recorded the feeling
which exists In her mind upon read
ing the letter which she had received