Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-06-23
MAC CFARLAND'S
SLAYER PLEADS
SELF-DEFENSE
Trial of David Lantinberg Pro-
ceeds With Speed-Mr. Mott
Sums Up.

| Speed marked the trial of David
| Lantinberg, twenty-seVen years oi
age. of 23O Grafton street, Brooklyn
today, charged with mansIaughter foi
! the killing of Floyd A. MacFarland
general manager of the Cycling Rae
| ing Association, of this city. Mac
Farland died as the result of a screw
| driver being plunged into his head by
Lantinberg, a concessionaire at the
local Velodrome, during a scuffle at
| the Velodrome Saturday afternoon,
April IT.
1t required only twenty minutes to
select the jury, and then the testi-
mony for both State and defendant
was taken with a1acrity. Lantinberg
put i'm plea of self-defense, and for
mer Judge Jerome T. Congleton, in de-
Tending him, said the man was simply
defending himself from what he
thought was bodily harm, as Mac
Farland, big man, had started the
assault. Assistant Prosecutor Wilbur
Mott. who conducted the case for the
State, said that IL was a case of
whether a man had a right to kill an
other man in case of self-defense of
this kind
Judge William NJ, Seufert, of
Hackensack, before whom the trial
was held charged the jury early this
afternoon and the latter retired at
3:18 o'clock. The charge of the judge
to the jury was considered favorable
to the defendant. He said that a man
had a right to defend himself from
attack of whatever nature, and II
was simply for the jury to decide
whether he was justified in killing
MacFarland in so doing.
4. IL. q. - Al..A
man has a right to defend himself
if he Is in danger" said Mr.. Mott. ut
is for you to determine whether or
not there was any reason for the de-
fendant to feel he was in danger of
his life.
1T has been shown that MacFar-
land put this man out of the grounds,
but there is no evidence to show that
MaeFarland struck him, but that is
denied by Lantinberg and his part
ner. SO hope you VIII disregard this
testimony"
Mr.. Congleton. in summing up, said
in part
ut is for the State to prove that
the defendant did strike MacFarland
without provocat ton.
"If the defendant had to wait until
he had first been pummelled he would
What Is shown here today? Mac
Farland was six feet three inches
tall He weighed, | understood from
the testimony of DR. Mckenzie, be-
tween 220 and 230 pounds. The de-
fendant is five feet one inch tall and
weighs 101 or 103 pounds"
Mr.. Congleton continued by going
into the testimony of Mr.. Howes and
the question of the latter's advertis-
ing contract.
Was Not TrespassinE.
He made a point of Howess testi-
mony that Lantinberg had a screw
driver I'm his hand.
This was not mere case of tres
pass" said the lawyer HE took hold
of him, witness says, ten feet inside
the gate, and the blow was not struck
until they were ten feet outside the
gate. Lantinberg's pleas for MacFar-
land not to hit him should show you
that he did all he could to avoid
trouble Lantinberg was not the ag-
gressor."
Mr.. Congleton continued his argu-
ment taking up the testimony of the
various witnesses, to show that Lam
tinberg was an unoffending victim Of
attack by MacFarland He made
the point, also that MacFarland was
man of domineering personality,
and had it not been for the blow or
some one had intervened, Lantinberg
might have been seriously injured.
Lantinberg, who has been out on
Makeup of Jury.
George w. Waterman. 43 Essex
avenue, Orange, salesman, foreman;
James B. Young, 30 fremont avenue,
Orange, insurance.; Herman Tuers,
3SS Lafayette street painter; Henry
| Cordes. Sc Hunterdon street, leather
worker; John Reh. 56 Seymour ave-
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