The New York Herald Newspaper, April 8, 1870, Page 4

THE AF ARLAND TRIAL, eee District Attorney Garvin’s Opening for the Prosecution. EXAMINATION OF WITNESSES. The Deathbed Marriage Cere- mony Portrayed. Scathing Denunciations by De- fendant’s Counsel. Beecher and Frothingham Cas- tigated in Court. Close ‘of the Case for the Prosecution. Stirring Scones in Court—A Mews- paper Handled Without Gloves. Probably no case since the famous trial of Mra. Cunningham for the murder of Dr. Burdell has oo- casioned so great an excitement in the public mind as the trial of Mclarland, A GREAT CROWD. Ever since the day when thé preliminary proceed: ings were opened the hallways leading to the court room have been besieged by an immense crowa of Persous anxious to gain admittance, and the officers attached to tue court have had just as much as they could do to keep the doors on their hinges, so great has been the pressure of the would-be specta- tors of the trial, As @ general thing a murder trial always attracts that peculiar riff-raff of lodogers who never consider theinseives happier than when they are able to be preseut in court when a case gives prd- wmise of what 1s commonly called “spicy developments;” but, strange to say, this set have ai! along during the present trial been outnumbered by respectable people, who are not often seen in a court room, at least as spectators. The cause of this phenomenon the reader can conjecture to suit himself, Yester- day being the first day of the actual trial the crowds ‘Were, as @ matter of course, far greater than they had been on any preceding day, but, thanks to the good management of the officers, there was no crush tn the court room, and once 1t had become well filled Ro one not authorized was allowed admittance, HOW Tige PRISONER LOOK ‘McFarland when he entered the court room did not look as well as usual, the fatigue of having had to sitand listen to the battling of the counsel for jurors on the two previous days having evidently been too much for him, He, however, appeared cheerful and maintained the same aur of confidence Snat has characterized his demeanor from the start. In this there was nothing of the bravado whatever. He simply looked as though he felt he had not com- Initted a crime and that he knew perfectly weil that ‘the efforts of his counsel in his behalf would be Dnally crowxed with success, During the examina- tion of the cierks of the Tribune office he ap- peared slight!y nervous, and sat most of the time ‘with bis arm leaning on the desk before him and bis hand to his ear, as it anxious to catch every word that fell from the lips of the witnesses, In describ. tng the scene in the counting room on the night of the shooting, when Richardson entered, one of them stated that his attention was attracted to McFarlanu by & ‘‘peculiar movement” of the prisoner behind the desk, which consisted of his “stooping his head”? as if to hide himself from the view of some person. McFarland frowned at this and shook his head as if to deny that anything of the kind occurred. His little boy, Percy, who sat by his side the liveloug day, as he has done trom the start, did not, appa rently, understand what was going on, and amused himself most of the time in playfully toying with bis fatRer’s hatr. THE TRIBUNE WITNESSES. All the witnesses examined gave tneir evidence in @ clear voice and without any hesitation, although the hair-splitting answers they made to certain ques- tions put to them by tne counsel for the defence looked very much as though ibey hada been pretty thoroughly drilied as to the way they should acs and what tney should do when on the stand. ‘This, however, is only conjecwure, The good effect Of keeping all the other witnesses out of the court room while one was testifying was shown in the contradictory statements made by two of them as to @ertain littie details of the tragedy, which, though ot important of themselves, may prove of advan- tage to one side when the case 18 argued in tts entirety. WHO WAS SHE? Among those present within the area allotted to the memibers of the bar were two ladies, both of whom were dressed according to tne latest dictates ‘of fashion. Oae of them wore a vet!, which ene did ‘ot remove during the whole time she was present, and speculation was rife as to who she could be, She seemed very mach Interested tu the case, and several times appeared to be quite affected by cer- * tpln portions of che testimony. 4 CURIOUS WOMAN, The other Woman was & well known resident of Washington, who made her name famous during President Jobnson’s administration as a pardon broker. Onoentering the court she sent word to Mr. MCFariand that she desired to see him. She ia not give her name to the oflilcer whom she sent to ask him to come to the box where she was seated, and so he was not aware who she was until she introduced herself, She shook hands with him, and the prisoner, not manitesting any desire to carry on # conversation with the woman, who was o stranger to him, weut back to his seat almost immediately. What on earth prompted ber to desire to see and talk with McFarland is a mystery; but it was sup- posed thather motive was sheer curiosity, and & woman’s at that, which made tae interview rather harmless. BEECHER AND FROTHINGHAM SCALPELLED. The severe handling that Beecher and Frothing- bam got from the counsel for the defence for the part they took in what he termed the “blasphemous ceremony” at tho Astor House, and his terribly scathing denunciation of the ‘gang’? who had years ago planted the vile seed from which, he said, had eprung the deathted marriage of Richardson, cre- ated an immense sensation among the audience, and when the couusel took his seat a murmur of ap- probation wentup trom the whole gathering, which out for the promptness of tha court officers in nip- Plog it in the bud might have broken out into de- oided applause. & REVEREND LISTENER. A-wihite-lairea old minister was an attentive Ustener to ihe denunciation of the ‘blasphemy’ and created no small amusement to those tn tng tm- mediate vicigity by the vigoroua way in which he ‘drought down his cane on the floor and tne energetic ‘way io which he nodded his head in approvation as the counsel Waxed warm on Dis subject of the eaiaved horror at the Astor House. THE “KNOW NOTHING JURYMAN.” ‘The scene in the court room when the Stay news- Paper waa denounced for the way it had reported the trial and caricatured one of the jurors was quite an exciting One, The spectators anticipated that the journalist who bad fallen under the displeasure of the counsel Would be made to put in an appearance and confess hig sins before the court, but when it tecame evident that be would not be forthcoming the interest in the scene flagged considerably, Or Course the reporters present were the most attentive Asteners the counsel had on the subject, and when he assorted that all of them but the unfaithful one had so far done thoir duty ‘courteously and with Gigaity,” a9 far as she trial was Concerned, a broad NEW YORK HERALD, FRIDAY, APRIL &, 1870.—TRIPLE SHEMr. emtte of self-congratutation crept along the whole Tow of faces ut the tables whore the serlbes were seated. A MISSING PIECE OF PAPER, During the cross-examtnation of tho ‘witnedes, the counsel for the acieace showed au extraordl- nary anxiety to learn the (ate of “a certain piece of Paper,” which the clerks trom the Tribune oftice, who were sworn, denied all knowledge of, and which—the counsel's question would seem to indi- eate—may form a very important part of the waterial evidence in the case. What the “piece of paper” was witch the counsel believe, or affect to believe, wa3 destroyed by some of the Tridune folks after McFariand (the nightof the shooting) had written a few words upon it, is a8 yet a mystery. Opening of District Attorney Garvin for tho Prosecution. District Attorney Garvin, in opening the case for the prosecution, sai ™4 Ir rae COURT PLEASR—The prosecuting oMcer for @ county like the city of New York has many solemn and important responsibilities devolved upon nim im cases of the character of the one which you are avout to try. He ls not only required to pertorm his duty to the people, out he has also a duty to per- form to the prisoner, who is arraigned for the crime charged. in the indictment, and im performing that duty tt would weign upon him with crushing weight, and there would bardiy be @ man found sufiicienily strong, either mentaily or physically, to stand up under such cir- cumsiagcgs were it not for the fact that all otuers in to.cases of this deseription are finatty submit- ted to a Jury of twelve men to pass upon. The prose- cuting oficer is also aided by the impartiality of the court which sits to decide between hiia on the one side, representing the people, and the prisoner on the other, in regara to all questions of law walch presentéd for consideration during The disétssion and the developments of evidence whicn finally o jus on the questions of fact, aig of the jury, I am thankful to say the Fan in this country i an always has beef for the jury to finally pass upon an determine, On all questions of law, whatever they may be, the jury are to take them from the Court, and by the direction and decision of the Court the jury aré to be goverded on guesyons of that de- scription, And, gentlemen, a wiser system ot ad- qninistering law, perhaps, could not be concetved. dt hy oak eee, recelved tie ganction of ages, but it has ne hétion Aha Fpprobaficn of every man who reflects at all upon life, Liberty and property, as we understand thosé priuciples 1a this country. ‘This principle of coming down to twelve men 18 not only adapted to your toterests and mine, but it is the great and conservative power by which the rights of property, life and liberty are preserved—plain men, educated men—men of high character And men in the ordinary walks of life those who compose the jury of twelve men repre- genting a!) thé interests and feelings and the various ‘powers of the ape Mind—those enga: wed in com- moy aud ordinary employments and whoever may be drawn by accident to sit upon bani: and to de} rg Bs to the Iie ang Iberia tmeélr fellow man. ith that decision Wé shall be content, what- ever it be. Aud If in the course of this investi- gation it shall be developed that this man (the pris+ oner) had & good legal reason why he should take the life of Albert D. Richardson on the 25th of No- vember, 1869, and that this jury shall come to the conciusion, after a careful exainination of this case, that he ought in fairness to be acquitted. 1 not only say that it would give me great pleasure to sce him discharged, bdt it will be your duty to seo that this man is soquitied and that he goes forth free. ut if, On the other hand, it shall appear in the pro- of this investigation wiat he had no good reason for taxing the Ile of Albert D. Richardson, it will be your duty to stand up courageously in tnis case and’ jounce such & verdict a3 will not only gatlaty yo iH vonscignces now. but will satisiy ‘our consciences when the timé comes for Fou to lay your head upon your dying pillow, and wien you shall say, ‘in that case, in that great case Where | was sworn asa juror, one of the twelve Men when trying that man, I did my positive duty conscientiously, fairly, honestiy, courageously and uprghtiy, and with it I, looking into the eternal world, am for ever content.” Now, gentlemen, it becomes my duty not only to state to you the Principies Of law which govern in this case, but also brietly to present some of the. leading tacts which we expect to establish. In the first place the Court will charge you that if a man by premedt- tated aesign takes the life of another without cause therefor, he 1s guilty of murder in the first degree, and must stand respon- sible for the act he has performed. in regard to the facts of this case, 1am instructed we shall show you that on tie 25th of November, 1869, in the city of New York, in the office of tue 7ridune, the prisoner, at the time mentioned, stood waiting for the coming of some one; that while he stood there peering out, Albert D, Richardson entered. As he came up and inquired for his mail this prisoner came forward wit a pistol in his hand and fred Ube fatal shot which oarried Albert D. Richardson Into eternity. Now, gentlemen, from that day Albert D. Richardson lived and lingered In agony until the 22d day of December, 186, when he yielded up his Spirit to God, Now, gentiemen, if at the time when the prisoner did that act he knew what he was doing and he laid in wait for this man and deliberately performed that act, tnen,in the eye of the law it 1s murder, and mur- der in the first degree, and, denen, you cannot excuse It, and your verdict mist be a verdict of gality. If, however, the accused shows a legal reason why he did this act then he 1s to be acquitied, and your verdict will be not guilty. THE DISTRICT ATTORNEY FEELS THE IMPORTANCE OF iE. THE OAS! Now, gentlemen of the jury, in the preparation of this case I have felt the importance of the public interests commitced to my charge, I have deitner- ately thought over the case and made up my mind that a case in which shree counsel were employed on the other siae, all able, mentally ana physically, that I should not be justified before the public in coming 1nto @ case of this description, witch might last a number of days, without having associat with me some man of high attainments, who, if by accident or any other cause I stiouid be unable to go through with the case, could aid and agasist me in the case, and take my place to the close if necessary. Therefore it was that I selected Judge Noah Davis—a resident of this city—a man of character, ability and standing, and with him, before we get through the cage, not only you, gentlemen, but the court and the counsel on either side, | undertake to say. wn be content with the case as we shall pre- sei HOW THE CASK 18 TO BE PRESENTED. Now, in as short a way as possible, I snall present the case to you on the evidence, carefully, truth- fully, honestly; trusting and Boping that however long the case may be you will sit Maier and hear tt through. And when you are thfough I shall expect from you, as honest, upright, candid men, such a Verdict a8 shall not only satisfy this commu. nity, but wilt eatisty your oWn consciences when that hour shall come which shail try and test every man of us, THE COMPOSITION OF THE JURY. Lam giad to see, gentiemen of the jury, that we have in your body gome men who have gray haira, and I am glad to seeamong you men who are fathers, and I am also giad to see that we have young men on the jury, go that all classes of men in the community are represented, so that when we et through with the case and you have rendored our verdict, with that verdict I shall not only have Teason to be copient, but every man in the commu- nity shail not only have reason to be content, but to be glad at the result. Every man’s mouth will be closed and the resuit wili be proclaimed to the worla as the verdict of a conacientious jury of twelve meo, who nad listenea patiently, earnestly and nonestly tothe case and delivered such a verdict as to their cousclences seemed right and jast. EXCLUSION OF WITNESSES FOR THE PROSECUTION, Counsel for the defence, addressing the court, said that.in reference to the witnesees who claim to have been present, some three or four in number, he would move that they be directed to leave the court room while any one ct them should be on the stand. This was 2 matter within the discretion of the court, and in this case ought to be exercised. Judge Garvin—If the order be issued it would apply to the witnesges on both sides. ‘ne Court to defendant's counsel—Do you desire it to have general Application? Counsel--No; only to those particular witnesses for the prosecution. Any objection to this shows how sincere the District Attorney 1s in conducting the case with fairness and impartiality. In the swear- ing of the jury he challenged two of the defendant’s countrymen, to whom, otherwise than that they oo his countrymen, there was not the slightest ob- 0 Jection. Judge Garvin—I thought that was all past. Coungel—No. You will hear more about it before the case is over. There ought to be no objection to this course, that the witnesses who were grouped togetber at tne time of the ocourrence and the only persons to [a of it on the part of the prosecution should not be permitted to remain in court while one of their number 18 being examined, Judge Garvin—1 don’t object. ‘The Court—The motion is granted. The witnesses referred to then left the courtroom. Exawtinati 2 Of Witnesses. TESTIMONY OF GEORGE W. KING, George W. King, sworn and examined by Judge Garvin, testiNed—Reside in North First street, Jer- wey City; am employed in the Tribune office, in tne counting room; was employed there In November, 1869; Was at that time acquainted with Altred D, Richardson; knew Daniel McFarlaud by sight; saw McFarland in the Tribune office on the 2th day of November, 1869; I can’t say whether [ saw Mcl‘ar- land twice on that day or not; aaw him that after noon about fiftcen minutes past five o'clock; on that evening Richardson came in and stood at the desi, at the end of the counter nearest Spruce street, Q. Describe to the jury where McFar- and was located and describe the coming {n of Kichardson that evening, giving your statement of Baw it, Ay the affair you . McFarland was standing at a desk at the end of the counter nearest Spruce street; Albert D. Richardson entered at the Spruce street door; he crossed the oMice towards the desk at tie other end of the couns ter from where McFarland was standing; I was standing myself at the counter. about two-thirds of A aaa, tho distance between the two desks; the first I knew -oF the shooting was seeing # pistol thrust in front of ned insti and mo and fired; I tur: antly recognized Dantel MoFariand as the person in whose band 1 saw tho pistol: at the time I saw the pistol I saw a hand sod pars of an arm: after tnat [saw nim at the outside of the counter with & pistol tn ts hand; Kicbardson at the tle of snooting was, [ sbould judge, within four or five feet trom Tao; alter the pistol was fired Richardson went out through the north door in Nassau street; at tne timo of the fring Richardson waa asking the clerk, Daniel Froman, for his mail; Richardsou alter the shot was fired went out at the north door on Nassau street, and that was the last Isaw of him ull the evening; after the firtng I saw McFarland outside the couater, acrowd came into tne oifice and then 1 lost sight of both pariies, QQ. How long did Mol'arland stay in the office afor the firing of the pistol? A. I didn’t see anything of him; he got oucside, and whether he crossed ovel the gounter or wout outside through the gate 1 oan- not say; when the pistol was fired he was behind the counter; McFariand had been there about ten min- utes before the firing; at the time of the firing ho ‘was in a icaning position—leaning forward over the desk; before that he had his hands placed to nis faco and leaning forward as Uf looking for some cue. (the latter part of the answer was struck from tne record), ‘There was @ glass irame immediately in front of kim witch commanded a view of all the entrance doors from the street: after the firing Richardson went out first; didn’t wee MoFarland go bor a crowd assembled in the oMoe and | lost sight of him. Q Iff{understand you the prisoner stayed inside the counter? A, Yes. tn And Richardson came up outside the counter? 3. . And inquired for lotterse A, Yes. a C Ors is) prisoner reached tig arm over you and ri 1 YOR, ‘ounsel for the defence, interrupting, said he Would rather hear the witness vesttly than the Dis- frict Attorney sum up. Q. Do yoa know where Richardson went after the firing? tourth floor; I didn’t go go up ttiere, Q. How near was the pwstol to Richardson's body when it was fired? A. Probably between three and tonr ts Bout Chat. Alataneg. i ees faite i ty us regal i ‘arial wih face or alte towards A. Almost facing him dipectiy, partially aide- ways, pe : Q, ifad Richardson got through speaking to Fro. man before the firing or was ne still speaking to bim? A. I don’t know. Cross-examined—(Counsel for defence here pro- duced a diagram of the counting room of the 7'ri- Dune office, which he made the witness explain before tne jury). The counter is about four feet hign; the desk where McFarland was ison the counter; thore 18 @ gash on the top of the desk; the desk 1s about ten mcnes above the level of the counter; the sash is parallel with Nassau street aud then bends and becomes parallel with Spruce street; before the pistol was fired Richardson was about eight fect from the desk; McFarland was close by me when he fired the shot; Richardson was about one foot inside the counter; when in town Mr. Richard- son was accustomed to come to the counting room for his letters; the desk where McFarland was was tive and a half fect from Richardson; Mr. froman was at another and different desk; Froman was advertising clerk and had charge of Mr. Richardson's mail; is was not Vory dark When the shooting oc- curred; I did not see im énter; it was dusk; the xas was lighted; I did not look at the clock to see wnat tune it was when he came In; 1 guessed tue time; I looked at the clock after the shooting almost imme- diately; it was twenty-seven minutes after five; I saw Richardson the day previous to the shooting and on the Sunday previous; I did not see a piece of paper before McFarland on tho desk; I spoke to hin while he was there; he was standing ali the time; I didn’t see him murking on o paper, to the best of my recolicction; | saw McFarland often come into the office; he was tamiiiar with the bry. no one evor stopped him going about behind th conyers a stranger would not have been so allowed; he Was dressed on that day in dark clothes; he had a coat On; I can’t say whether 1 was an overcoat or not; he had on a low, round crowned hat; I don’t know what door McFarland entered or I don’t remember where | Qrst gaw him; there w’ t) paper on the desk he was al; no one, Whieas known fo ys, is Lio w to yse the desk; have not heard a ceri 16Ce | or found on the desk after thi shooting las mn destroy OH the whole affalt wag instantaneous; nothing could hé more rapla— that is, anything that could be done by hbwan agen- cy; Tam not able to separate the component parts of the whole affair; I dfdn’t notice where the pistol came from; I underatood Richardson was armed: IT didn’t see him draw a pistol; I can’t recollect whether he made any movement as if to draw a pts- tol; Isaw Richardson's pistol at the Astor House after the Shootings it was @ six-shooter; it was on the mantelpicce in his room; don’t know how it got there; have not heard who took 16 from him when he was up stairs in the 7ribune office; 1 uever heard Richarason boast of being @ good shot; I did not examine the pistol; at the time of the shooting there were present Messrs. Froman, Carver, Giraud and Watson; I don’t remember any others; the report of the pistol was not very loud; it was loud enough to attract attention; tt was some- what louder than the explosion of a percussion cap; there was @ person in the office when the shooung occurred whom [ did not know; he stood nearer Spruce street than Richardson; he stood a litle in front of him, about two feet off; Ldon’t know who he 1s; never heard of his peing subpoenaed for this trial; he was a stranger to everybody tn the office; I saw him the next day and spoke to him; dida’t ask his name; have seen him four or five times since then; don’t know where ue 13; T can swear that the pistol in McFarland’s hand was fired; I first knew that What was in McFariand’s hand was a pistol after he got out of the counter; Ican’t state definitely that the explosion I heard came from what I supposed was a pistol in McFarland’s bana; I am not positive that what J saw in hts hand was a pistol; I gave noalarm, nor was there any given that I know of when tne shoot ing took place; I heard Richardson make no remark: novody attempted to prevent McFarland going in; T was not so astounded that I lost my Presence of mind; 1 heard and saw as Well as if I WAS Not under some excitement. Juror—There was not more than one shot, Q. Do you know anything of Mr. Richardson hav- ing arms in his possession except from what-you heard? A. No, sir. Q. You don’t kuow of hishaving @ pistol? A. No. Q. You don’t Know that tbe pistol at the Astor House belonged to nim? A. I do not, Q. I did not hear you say distinctly what time of the day the occurrence took place. A. About fifteen minutes after five P. M. By the District Attorney—Q. Did I understand you that the was lit in the /ribune office? A. Yea, sir; the force of the explosion extinguished one ot the gas ee To Mr. Davis—The light extinguished was almost directly over the counter. By the District Attorncy—Q. How far over the counter? A. About three and a half or four fect. Q. Was the gas pipe run up through the counter? A. No, sir; u came down from above, By @Juror—Did he go by the Spruce street door to get outside? A. Yes, sir. Q. In what direction did he go? A. I cannot say; the crowd came into the office; | did not see whether he got over the counter. Recross examination—Q. He could not have gone over the counter without your having seen him? A, He might have gone over the counter without my having seen him. Q. Now, if you were in the posaession of your faculties why didn’t you call for assiatance? How do zon explain the fact that you did not call any one? ‘ou have named five or six men there who could have overpowered him. Now, you could not have been in tne possession of your faculties if yoa showed such remissness? A. I was looking at Mr. Richard. sun, Q. Tell the Jury how ald this happen, unless it was that you were 80 excited a8 not to be gelt-possessea a the ume? A, ] was under some excitement at he time. Q. That will account for it? A. should think so. Q. Did you see McFarland as soon as he came pe eBid the counter? A. No; I did not see him come in. r oF ase you first went there did you see him? A, did not. Q, You think it was fifteen minutes past five o’clock—how do you know? A. { looked at the clock immediately after the shot was fired. Q. What time was that? A. About twenty-seven Munutes past five. Q. con you state where the pistol is to-day? A. I cannot, By the District Attormey—Q. Did you sce him’ w stairs? A. No, sir. a P TESTIMONY OF DANIEL FROMAN, Dantel Froman, examined by the District Attor- ney:—Q. Where are you engaged now? <A. In the Tribune office. fn a wee you engaged there in November last? a ane do you live? A. At No. 105 Fourth stree' Q. What wore your duties in the 7ribune office at the time this thing occurred? A. Advertising clerk. Q. Where were you at the time McFar- Jand came int A. I guess I was at my desk; 1 did not see him when he came in. Q. Where did you first see him on that day? A. The first time I saw him was about eleven o'clock in the morning, es When did you see him again in the Zribune office? A. I saw him shortly after five o’ciock. The Court—At what time? A. About five minutes after five o'clock. By the District andi were you doing at your desk? A. I was w! ote Where did you see Richardson? A. I saw him in the middie of the Noor as be was coming towardg may desk. Q, Do you know through which door he camo in? A, I belleve he came through the Spruce street door. = * Q. Richardson cameé pp across the floor to your desk? A. Yes, sir. ? Q. I want to Know how near he came to your desk? A. My desk 18 at the extreme end of tho counter; he came over to the corner marked “R’ in the diagram. Q, Was any inquiry made about letters? A, Yea, air; ne asked me for lus letters, Q. Go on to describe from that point what trans- pired. A. As soon as Isaw him I knew what he was coming for; | started to get his letters, or rather two papers: just at that time a shot was fired; I looked for Richardson; t did not see inm; 1 saw another man standing round by the counter, and saw McFar- land going out by one of the doors into Nassau street; I went round to look for Richardson; I then went along Park row, but not finding him ‘I went vack to the oficeand found Richardson in one of editorial rooms. Q. How many flights of stairs are there to the editorial rooms? A. About five flights; when I got there I found Mr. Kichardson wounded. @. In what position Washer A. ‘The doctor was trying to probe the wouus, A. He went to the editorial room on the, Where was het A. Lying on the sofa, ‘What doctor wag thera? A, Dr. Swan. | What did you donext? A, After that I went to Astor flouse, fo Mr. Richardaon, and remained where — leven or tweive o'clock at night. son, the doctor ana myself were im the managing eo bid ther ar tl bef any other doctor come there before you welt? A. No; [only remember De. Swan; ho caine to Mr, Richardson irom tho Astor House, Cross-examined—! was not in Richardson’s em- ploy at the me of the shooting; in 1866 1 was in tuia Smpioy abont two or three months; 1 nave beca with the 7ibune, as an employe inthe counting room, for live years: 1 vaw Mclariand that alvr- noon, before Richardson came in; about fifteen min- utes betore; McFarland was, when | saw him first, at the subscription desk; he was abreast ; Of the desk; dia not sce him with a piece of paper at the desk; after the shooting T did Rot Kee ony paper on which McFarland had written; 1 supposed when I saw him that he was either writ | tng or drumming on the desk; [ can’t tell wuas he | Was dows; he had the position ef one who was writing; f¢ stood there about ten or fifteen minutes; 1 saw hin after tue shot was fred; didn’t seo him from the frst time until the shot was fired; saw him ateleven ofciock in the forenoon; he inquired for Mr. Sinclair; 1 knew that he was tnttmate with Mr. Sinclair; never saw him crying in Mr, Sinctatr’s omce; ho often called to see Mr. Sinc!atr—very often; witbin two years before this oceurred IL saw Rich- ardson meet MoFariand in the counting room; it Was last summer; tue latter had gone fo Mr. Sin- clair’s room, pnd then returned on seeing Richard- t Richardson glanced shoulder land and went ont; {didn't then Ww of Richwrd- it; nover heard lim say hs was know where it ia ip don’t know where the pty {a a fot that ON} Ot Mie: aay alana WAAR SER SHOE was fred; didn't notice the o out for | was too startled f at; saw @ genti for anythi like e the file tia alent; bis name is Vosnack; don’! eow him; saw nim’ two or three weeks after thi wal Rc hadat Sic TRETIMONY OF EDWIN J. CARVER. Fdwin J. Carver, sworn and oxainined:—Lives at Newark; was employea in the 7ribune office in various dutics; was to the office on the 25th of | the region of tl November, 1869; was inthe office almost all the afternoon; was there from five o'clock to halt-past eleven; saw Richardson come to the office evening; saw the prisoner there; first saw him moving from the snhscripuion desk ‘to the other end of the counter; that was before the shot was fired; didn’t see Richardson at that time; saw MoFarland ground of objection ts that this man could not speak OF act frecly tor himseil, Tuts witness could not on Guy evidence ous of any admissions that were ade, ‘The Court—I will ask the Districs Attorney what he proposes to prove, ‘The District Atvurney—! propose to show that the prisoner was brougat iuto the presence of Richard. son; tyat U6 Blood (ace to face; Kichardson Was lying down and MoFarland was standing up. Said the witness, “16 this the man thatstos your’; said Richardsoy in reply, 168,” in presence of une pris- ouer, '‘ CT ae Shall permit the question to be an- wered, Counsel for the prisoner—Note my exception. By the District Attorney—Q ln what condition did you dnd Kichardson? A. When 1 got there I found Richardson lying On 118 back on a bed. Q. Where did tue prmouce stand im reierence to Nuchardson? A. | placed him pear the foot of the bed, close co the bed, 60 that One looked upon the other. Counsel for the prisoner—Now, | object. If your ig} Saw him again two oy tnree months alter. ; $66 Mr. Honor please, iu the decision in the Court of Ap- Ppeals, in the case of tae people against McMahon, Which shows that it Moariand Lad told this witness thac he bad shot Richardson alter he gob into that room, If he had admitted he shot him, Lhe law rea. gous that he Was not in such @ sate of mind 48 such admissions could be used as evidence inst Dim, aud Gat, also, at the time the oficer of the law takes him into custody, that the pri- sone: Knows he is arrested, and his mind 18 in auch & Btale Of tropidation aad excitement that his tongue should not be permitted to exert itself against him, son there: T saw the latter pass out and after- ue Ovjection was overruled. wards McFarland went to; Ricbardson was The District Attorney—Q, State what took placo? in the room five minutes. while | A, 1 asked, ‘is this the man who shot your” MeFgriand was ;. When ke oame | Richardson said yos; arrested the prisoner in room at MoFar- | No. 21, Westmiuster Holcl, West seventeouth street and Fourth avenue; know where the Zrivune ollico i3—at corner of Nassau and Spruce streets, city of New Yours, OROUS-EXAMINED. Along consultation beiwevn dofendant’s counsel -cidsed, the close of the direct examination, and but eee was then put to the wilueds. the arrest at ten yoiock that might, the 2th of November, TRSTIMONY OF DR. SWAN. ws gta Fe caan practi Rhysict fag ft ons as dalle Richaen in Clvoning er the goth No- himdp tho editorial rooms in vi iv last; lirst sa A w Muy found him suffering great pain it FH oma, ino enact cause OI ry E ul iy ny tOmach, Witness a described the locality of the wound on his own person. The wound waa about two incucs below the breast bone and fle inches from the left nipple; passed a probe into the wound; did not ascertain whether there was a foreign substuuce tuere; Richardson 16¢- mained in the editorial rooms of the Zcbune from Ufveen to tweuty minules, aud irom there he was moving towards tie counter; had to move out to | taken to room 115 Astor House. see him after he got to the column; saw his hand extended; saw the flush and heard the report; was | bero! then at the back part of the ontce, some fiiteen feet from him; didn’t at that time see Richardson; didn’t see him at all tilt the next morning in the Astor House. Cross-examined—Did not see any paper on the desk alter Mcfarland went out which he bad written upon; never heard of anybody in the office finding any such paper; did’nt know McFarland was in tho office until w few seconds before the shooting; my Q. When did he get there? A, He got there a little six o'clock; about ten minutes before six o'clock; £ was the attending surgeon all the time til his death; was with him when be died on the morn- ing of the 2d of Deceuber; tuat was about five o'clock; he died in the same room, No. 115; attended the post mortem examination; tie cause of his death Was @ gunshot wound; subsequentiy fouad the bail in the wound; the bali entered the perigastric Tegion; it first wounded the liver, then entered the stomach; passed out of the stomach; next injured attention was attracted to him by his BLoopIDg bis | one of the small intestines; next grazed the left head and moving around at the desk; don’! ‘what he turned around for; didn’t see a pistol to his and at any time; 1 can’s say positively that I saw a pistol in McFarlaad’s hand that afternoon; | have seen McFarland and es eg ver, oan a office within two years past; McFariand ay - Silden were in the office that day; thoy re know | kidney and Jodged uoderneath the skin ta the left lumbar region near the spina! column. State we cause of death? A. Peritonitis. jected to, ‘The Court—Witness has already stated the cause ofdeath. What is the objection? Counsel—We will show that they so excited the Together; saw rand ma to the malt 1D thot they killed him; that they for a time kept room about opariap fine that days “doute ith i Harcotics, which wouid have destroyed 18 ict know whether one saw other; ardson was near the advertising deak once that day; don’t know that either saw the other; Richardson had been absent several days; I think his visit that day Morena = first he - le —. noe ne oe a ‘arland wi wi ir, Singlair’ ant called very onen toast tin; ‘was otten thee two or three times a day; about two years since I heard elo one Stay lane —— ober Ce r, Sinclajr in the lattey’s room; he u remat Bi fn room trom Ave tb tteen minutes. Redirect—The prigouer was tu the office once be- fore the shooting; It was about three o'clock; Idon't know how long he remained; Richardson came in once that day, about noon; the pistol was fired when te was quice dark, Re-cross—McFariand might have been there earlier than haif-past eleven that day, but I think it was jater; Ididnw’t look at the clock when the shot was fired; tt was avout a quarter or twenty minutes alter tive, as nearly as I can recollect. TESTIMONY OF DAVID WATSON. David Watson examined by District Attorney Gar- vin: Mi Q. Are you engaged in the Zribune office? A. 1 1 2 huh: you so engaged on the 25th of November ast 4 Q What is the character of your employment? A. 1am mail writer. Q. You mean you are mail clerk? A. Yes, sir. Q. You receive and send for mails? A. No, sir; I have the getting up of the wrappers, or rather tho addressing of the wrappers. Q, Have you @ deak that you alt at? A. Yes, sir. Q. Where 18 your desk? A. About fifteen feet to the rear of the counter—about the centre. : Q. The centre of the large room as you cuter the Tribune office? A. Yos, sir. 3 bee you at that desk on the evening referred to? A, I was, Q. What was your employment at that aa time? A. I was preparing to leave the office. . You had got nearly through for the day? A. T be got through, bim any hai Witness—In stating tro cause of death we have to atate two causes; in tits case the first cause was the guusho’s wound and the second was peritonitis; the frst cause was the wound aud the otier cause Was the result of tre first. Q, State to the jury whether that wound was ne- ceasarily fatal. 2 Objected to, The Court admitted the question, Witness repliea that the wound was neceasarily fatal. OROSS-BX AMINED Q, How many physictaus were in attendance be- sides yoursell? A. One, properly, besiaes me—Dr. Lewis A, Sayres; was attached a3 physician to the Astor House for fourtecn years; did not take & pistol from the clothing of Kichardsou; aid not seo one taken; at the time he first saw Richardson he recog- ized ag present Mr. Sinclair, the pubiisher; also re- coguized Mr. Junius H. Browne; got there before ax o'clock; it took him some two or three minutes to reach Richardson from the time the messenger in- formed him he was wanted; Richardson was removed to tne Astor House on @ stretciier, he got there de- fore six o'clock; Dr. Sayres got to the Astor House avout ten o'clock; In the meantime I administered one dose of morphine by mouth to Richardson and Applied w poultice to the wound; the morphine had cad or no effect; continued administering mor- ne. Q. Was he under tho effect of opiates from that time tlil hedied? A, Ob no, sir. Q ‘till what time before his death did you con- tinue administering opiates? A, Till about twelve or twenty hours betore his death. Q. In what time did the opiate begin to act on him? A. The dose given him subcortaneously affectea him about eleven o'clock that night; he was not un- dor the effect of opiates all the time up to the twelve or twenty hours preceding his death; he began to fail in strength on the third @ay after he was shot; he would take very little nourishment by the mouth, THE ASTOR HOUSE MAKRIAGE CEREMONY. Q. Were you present at any proceedings that took iace on the 8th November to which he was a . About what time of the afternoon or ovening Pariy. A. Lpresame you refer to the marriage cere- was it? A. AS near ag I can recollect about balf-past five o'clock. Q. State the firet Line tha attracted your atten- tion in connection with this occurrence to the jury. A. Tt was the hearing of a report, Q. In what direction did it come from? the front of the office, cS poe back was towards the front of the office? A. Yes, air. Q at further occurred to your knowledge? A. mony; I was. ‘The District Attorney objected. Counsel—I am entitled to show what he came through to base my argument to the jury, ‘The Court—Uniess you demonstrate it in some A. From } way Ido not think the question can be allowed. ‘Bhe question was then read by the official steno- grapher without the addenda put to it by the wit- ness, aad he repited, ‘‘yes.”” Counsel for the defénce~I am entitled to show I then turned round, and saw two men endeavoring | what they dia with this man after they say McFar- to leave the office by one of the front doors. land had fintshed him, If they chose to take him Q. Did you know elther of them? A. I did not at | outin the street and make him run around a block the time. and killed bim tn that way 1 have tne right to the Q. Do you know now what either of their names | benefit of that proof to this jury. was? A. Qne of them. Q. Which one of them? A. Emel Vansac, a Ger- man. Q. Have you seen him since? A. I have seen him at the office, to th be Q. Do you know where he is to be found? A. Ido | menced attendin ot. Do you know where he works? A. No, gir. 4 Q. Do you not know where he is employed? A. I (0 not. Q,. Do you know the other man? A. No, sir, , State whether when you heard this explosion If ‘The District Attorney—We have no objection to their els, that, Counsel—If they choose to submit him to a worse excitement than that I have the right .o show that is jury. From tne very time this witness com. him down to the time Mr. Rich- ardgon died they fe made the occurrence part of their case, and I have to cross-examine upon it. T can satisty this jury that this man could have lived six seconds longer than he did but irom what they passed him through I have the right to do so. ‘Tae Court—Do vou propose to show that the fact i= the gas was lit? A. 1 cannot say—oh, yes, is was lit, | that Richardson was married was the cause of his I remember now. . Did you see Mr. Richardson or Mr. MoFariand to know them? A, 1 dia not. Q. Dia you know the prisoner before that? A. I Was not acquainted with him. : Q you also know Mr. Richardson? A. From seeing him in the offiee, knowing hun t) be em- ployed there. Q. You stated that your back was towards the door? A. Yes, sir. Q. How mai u where Mr. McFarland is represented to have stood? A. About fifteen fect. ‘The witness hgre explained by diagram the rola- tive positions of thé parties at the ume of the oc- currence, ‘Crogs-examined—I have been nine years in the Tribunc employ; 1 made McFariand’s acquaintance a end lhave known him to visit frequently at tle vibe deatn? Counsel—I propose to stiow what agency that had in brivging about @ speedier death than he would have dicd if this- man was responsible for the act. ‘The Court—I think shat must pe-alirmative proof asamatter of defence. 1 do not think you have a, right to cee to produce that testimony at nig tim s Counsel—They cannot rest thelr case unless they satisfy you and this jury that on the 24 of December, W fect were you from the column | not sooner or later than the time Bere by the i act of McFarland, the deceased I have the right to break down that case and to show that they called the most horrible and desecrating biasphemy to their aid merely to secure this man's property and not to solewnize a marriage, and that that promoted and hastened bis death. ‘Shey could have married that couple as the law of this State permits these couples to marry by & mere matter of contract; it me ofice; for three years at any rate; I nave | did not need the imterference of any religious cere- Rot known of any inti and Mr. Sinclair; [have seen himin Mr. Sinclair's aoy existing between him | mony, ‘That man as he lay upon that bed and that woman a3 she stood by the side of that bed could Office, but Il never saw them go out Loney I saw | have agreed to become man and wife and the pro- McFarland conyerse with the cashier, but 1 do not know that he visited any one but Mr, Sinclair; Within two years before the 25tn November perty could have been assigned and secured by that performance pisces, a8 10 was desired. It was not necessary to bring in this blasphemy for the purpose I don’t recolicct naving scen McFarland in the | of giving apparent decency to what was then going Tribune office when Richardson was there; 1 have seen Weisnack twice since the 25th November; 1 do not know nis business; according to my best recol- Tecuon f think 1 saw him twice, but T cannot re- Member the dates; 1 saw him at the 7réoune imme- Giately after the occurence; I do not know what brought him there; I did not see him havea file of the paper in his hand; I understood since that he was engaged with A, T. Stewart in this city, but Ido not know where; I did not see Richardson up stairs; 1 never saw a pistol that belonged to Mr. Kichard- son; 1 did not see @ piece of pa scription desk; I bowed to Mr, McFarland when I saw him, but I was not in the habit of speaking to him; NicFariand stood right by the pillar; the report was not aloud one, but it was sufficiently loua to have arrested attention; it put out the gas to the right of the pillar; I could not say what putthe gas out; | did not see Mr, King there at the time of the occur- rence; I saw Mr, Froman standing by his desk, TESTIMONY OF CAPTAIN ALLAIRE. Captain Anthony J, Allaire examined—Q. You are alr, Q. Did you arrest theprisoner? A, [ dla. Q. At What time? A. Ten o'clock on the evening Of the 25th of November, 1809. on. ‘ If those who were cailed around him to pro- on his lire hagteued the time of bis dissolution let ave the benefit of that on a cross-examination beforethis jury. Suppose | show that they stvanglea him? I have the right to show that. The Court—Onh yes, sir. The counsel—I{ I can show that they put his mind under @ greater pressure than physical strangu- ation, can I not show it? Have 1 not the right to show that toe seed which was planted neariy three years before, watered, cultivated and nursed rT lying on the sub- | by this gang, who stood around this thing from the very etart, then ripened tuto that maturity that they intended for it some three years before, Ont case 18 this—that those who witnessed the Astor House iniguity—that those who witnessed the full grown tree, have witnessed the planting of the seed from which that wee had grown; that the: attended It irom the first time 16 Was planted; that they bestowed their caressing attentions upon it, and they had brought it to that point of iniquity that they would not permit the soul of this man to &@ member of the Police Departmeut? A. { am; yes, 3 out of the world woatained until they had gib- eted, if I may #0 speak, tae degradation and siuful- ness which na¢ been meant and intended from the tart. They ci lose this ¢: Na Darh of U1 brovteuth Rube sH0W : tat brani thlotiad i Did you take him to the Astor House? A, 1) non died, as they say in thelr Indictment, from our ie! NS te tee Dee th ~ te | platol bal | J can guow that the treatment Q. Where did you go with him after you went to throdg which they put that man aiter~ they the Astor House? A, I took him to room No. 115. assumed to attend upon him hastened lis death, I . Who was In that room? oungel for the prisoner—I object. have the right to base apy argument upon that before this jury T please. AS @partof our case we The District Attornoy—What are the reasons for } will show that the Rev. Mr. Beecher had a copy of that objecting? ‘The Court—Wnat ts the ground of objection? Counsel for the prisoner—The ground of my objec- tion is taat nothmg that transpired there or any de- claration extracted by this witness can make any- thing that was done by this witness amount ta an admission, oe Court-I dono know what this inquiry wilt ad to. Counsel for the prisoner—This witness had no right to take this man to the Astor House. Whether this man may have made any admission by atience or presence 14 perfectly immaterial. I will refer to the tighest authority of this Stateto show that he could make no admission, ‘This witness was fishing for evidence. He had no business to take him to the Astor House. He should have taken his prisoner to the station house, but in that spirit of oMciousness which other people have to serve the newspapers the prisoner was taken tothe Astor Honse. The witness weut fure ther, and I therefore object to his testimony. The Court—By what rigut do you assume this? Counsel for the Prisgner—I am go advised. My | upon om. = epted letter 1m his hands for two or three montos before the maturity of this iniquitous per. formance, and was tiué put upon bis guard of the iniquity Which ba -seated and perfectea on that Memorable occasion. 1am upon their case and IL want to try then upon tier case, They brought {als unfortunate man into this court and they have charged us the sole cause of his death the act which thia man, in a moment of frenzy aud aberration of mind, when he was not accountable for what he did, was probably innocently and unintentionally the author of. Ihave the right to show, 80 eazer were they for the possessions of this dying man, sooner than the wotind of this man would have sent him to the bar of his Maker, they subjected him to this ceremony and ‘accelerated and hastened the time of his disvolution. ‘The tasue before this Jury under this indictinent ts whether the deceased died wholiy by the act of the prisoner at the bar, The allegation of thig imdictment 13 not, no matter whether hig death was accelerated by Others, that he would nevertheless have died sooner or later by the injury which this prisoner inficted Uf that was the allegation of thta matct. ment, then probably your Honor’s intimation might be well founded; but we are nere upon a strict Issue, and that ts—whother Aibert D. Richarasoa went to the bar of eterna! and omnipocent justice at the time appointed for him by the unlawfal act, a3 fa say—though I contend innocent act—of the man I ans defending at the bar of this court. That is the jasue weare here tomeet. Why do ihey shrink from ‘The District Attorney blew a horn to vbis jury, the intended eilect of which we will countorvall. He sald to them, “ian the counsel of this prison- er,” while oul the day before he excluded from thas jury box two of the countrymen of tho accused— Men wio best unferswod and knew the nature of the temperament of the uationulity he sprang from better than any other member of that honorable body. Aud now when | say to hin, You charge this prisoner with betug tne sole cause of the death of the deceased man, but 1 want to show you there are other causes, he meets me with anuther tech- nicality, aud says “that la part of your case, and you cannot get it in till the proper time comes," answer (o this is;—Your indictment alleyes that Daniel dicfariamd atoue killed this man; Nealone was the cause ot the death of deceased, I havea right here, At this thine, to throw back that charge and 10 satis! this Court aud jury that the wicked orgies witnes! on that occasion, when this men’s soul should have Gone re.leved of ull past impurities to the bar of his Creator, were enacted tor the sule purpose of, satia- fying the appetite for his property, Without consider- ing for a moment the amount of sin with wach Dis Soul Was burdened, when it appeared at the bar of eternal and unmistakeable jusiice. If Lr, Beecher or Dr. Frothinghai had done his duty & narcoe ized man would never have been diawrinto an irre ud, Digsphemous and desocrating ceremony, jab man, 1 say, was not in a condition to Whether he would taxe that women for his wile aud avkuowledge before the bar of evernal justice that be- fore he left this earthly sphere he had contracted wit her that relation, These people took advantage of & comparatively senseiess man for (he purpose of heaping an accirsed ceremony upon him, and im order that they might secure the property which they go long coveted. 1s it not rigat for me to show that this man was starved to death? Cay i not show that he was left in bis room fur days.unat tended and un) poraee ih bhoge medians aod ie or to ie see a athena bel eal 8 qugice of inecramnen- ‘ & of this defendant’ when they clove this caso there {3 a Péasonaple gu ot wh u fendant was the sole caude 61 the dédth of the ceased your Honor, under your oath, 18 bound Ceetrete the hidy toe dequie. the ‘prisoner. I capnot go ie jury unless thas rt Of the case 18 free from all doubt, and | submit am entitled to pass the examination ov tt, tor the purpose of showing what tho unfortunate deceased passed chrough from the time ue was firs, takoa in charge by the witness till the time of his dnat atasolution, District Attorney—We object ¢o the testimony as entirely improper. ‘Yhe Court—it is proper for the defence to show, if they can, that Richardson came to his death other- wise than by @ gunshot wound. It is competent to show that the physiciaus by improper treat. ment or the attendants through vegligence tended to supermduce death, Tne caus: of Geatn, on the part of tue prosecution, must be shown to have been a gunshot wound, ‘The defence must further show—and accepting tn good faith, a8 £ Taust do, the statement made by counsel for the ac- cused, a8 I understand tt ts proposed to be shown by him—that the marriage ceremony occurred at tue Astor louse between Mr. Kicuardson and Mra. McFarland, and that the excitement superinduced by that marriage, added to the wantof skill, superine duced what otherwise would not have occurred. Counsel—We do not attack the skill of the pliysty cians. ‘hat ae was attended by the best medical taient in the world we concede, Examinguon resumed, At this img a doubie daguerreotype case, contain. ing the likenesses of a lady and gentieman, was nanded to the witness and the witness recognized them, but was not allowed to state who they were, Mr. Brown, Mr. Knox, Mrs. Sage and a daughter of hers, and ‘Dr, Carter and witness were preacat at the death: of Richardson; he had seen the woman (Mrs. McFariand) since then; tne peritonitis set in about the third day; the approximate cause of Ric! ardson’s death was the (Garr wound, and the immeutave cause peritonitis,—that is to say, inflam mation of the covering of the bowels, ‘Tue prosecution here rested their case. ‘OBJECTION TAKEN TO THE INDICTMENT, Counsel for tue prisoner having read the indtot- ment, said:—The point I wish to make 1s this: Tae prosecution are bound to prove what 1s in the mdict- Inent sirictly; that they are bound to show that the sole cause of Mr. Richardson's death, as set forta in the indictment, was the pistol shot he received at the hai of this prisoner; and 1 submit to the Court that that has not been shown. They have not allowed tme—and your Honor lias ruled against me on their objection—to fill the immediate interval of time which mignt possibly have elapsed, and waich migus have been properly developed after the framing of this indictment, 1 can allustrate the matter better now than when I drat spoke of it. Suppost that om the occasion of Mr. Richaruson’ tilness somo one had represented to him that his mother was dead; that sle,Was at the thine sie. was really living, and that he supposed she was living, snd tat a3 & coasequence of suca reprezentation, he Was thrown into a state of grief that accelerated his death, why would I not be eati- tied Lo stow that? Supposing in casesucn an a Douncenient Was brought to bear upon his mind, why am I hot permitted to show ii— why am I not entitled to show what I have already suggested; because, What could have been more solemn, if’ tne deceased was capable of understand. ing, and, in view of eternity, when he went to meet his Maker, than to decide whether 1aar- Tying this woman would make him less guilty than by ug to marry hert What more fearful problem could have been put to his mind than this? Who knows buc at this moment the Irredeeimabic sin Of tiatman as he now remains in the next worid has been the result of this olas- phemous ceremony we have nt to establish? Who knows what judgment tne Eternal Bar baa ren- dered in reference to this man himseit? Have | not aright to show that this fearful problem was pre- sented to hin—and & more fearful mental problem could mot have been submitted than that to this man—with a view to argue to this jury that although they may remdics him they cannot convict him under this inaictment? I mean to insist that this jury Nave got to find that this indictment that at the time Richardson died he died from the effect of this injury, from which he was en- deavored to be saved by the best medical treatment. 1 shail ask your Honor to charge that if they accele- rated tnis man's death by any act, so that he died be- fore the time he would have died in the usual course ol nature, having dissolved from the result of the injury which they cialm sent him to eternity, he hevertheless did not «ié, ag aveired in the indicunent under which the prisoner is to be tried and convicted, if convicted at all. My point, theretore, 1s this—that the manner of deata being left in doubt by the not co! up to the avermentin the indictment, the Court is bound wo instruct the jury a8 a matter of law that this part of the cage catinot be left indoudt by the prosecution. Your Honor wiil perceive that they have got to show that he came toa violent death by some one, ‘That is the corpus dehicti, They have got to show such & violent death as they aver, and one produced by a single cause. My request, therefore, ig, that tae Court the jury thab tion. did not) luce evidence is, averment true that the di seame by Bi Mm through the justrumentality of the defendant. y never estab- listed that Important element ofthe cass, aud therefore the Pons was entitled ‘to an acqulital. The Court—I tutak there ts sumicient to go to tus Jury. AN ADJOURNMENT ASKED, Mr. Spencer—The conclusion of the prosecution at 80 early & MOMent was not expected by us, and [ would respzctiully ask your Honor vo defer until the morning my opening. It would be impossibie for me to conclude to day. +. The Court—Could you conclude in an hour? Mr. Spencer—No, sir. ae Court—We have yet an hour before four o'clock. Mr. Spencer—In a case, sir, of this importance the opening of counsel isa matter of considerable re- flection and preparation, and not expecting that this case on the part of the prosecution would be rested to-day I have not brought wy notes with me, and I respectfully ask your Honor as @ matter of personal courtesy to me to defer further proceed- ings until to-morrow. ‘rhe Court—Permit me to ask how long have you been in the case? Mr. Svencer—Long enough to tell the whole story. ‘The District Attorney said he had received such kindness from the otifer side in every way that he bad no objections to an adjournment. The Court grauted the application. THE JURY CAUTIONED, The Court took occasion to renew the usual cau- tion to the jury in cases of this description, remina- ing them that they were forbidden to converse with any person upon the trial during its progress, i‘ 4 SCEENE—NEWSPAPER PHOTOGRAPHS OVERHAULED. Just prior to the rising of the Court counsel jor the risoner said he desired to call the attention of the jourt to a matter that required immediate action. He referred, ne sald, to an impudent attemps to overawe the jury, and ag he was going tostand upon the jaw he Wouid ask the Court to stop it. ‘The Cou bad the power and 1t would now be seen whether it ‘Would exercise it. He characterized the attempt ‘ono of the most Infamous ever made by the pub) 1038, Ex-Judge Davis suggested that matters of that kind were not generally publicly mentioned in Court, but according to practice were submitted pri- vately. Cownae for the prisoner sald he had aright to call the pubite attention of the Court to che matter, He did not cave what the villains saidofhim. The’ press had already given bin pangs and could nob, add to bis suferings. ‘The Court intimated that lt woula hear the coune sel with pleasure. is Counsel for: the prisoner cited the statute author- izing the court to arraign for contempt the authors of grossly inaccurate reports. He had been informed that some miserable bandinage at his expense bad appeared tn the Star, endea- voring to dutimidate him irom doing his duty. The day before yesterday there appeared @& vlc caricature of thelr second jurymai (A. F. ‘lausen). If such an attempt to caricature would ba allowed the court could not be respected, Those people who made such attempts had no right to be in court for such @ purpose. If they were allowed to be present toe court could not be respected nor could the jurors pe respected a3 they should be. Why the editor of the paper in question had sian- dered him so malictously he (counsel) couid not tell, unless 1t was for doing bis duty, He lad seen the editor of the paper a lew Weeks ago and asked oe him had tie read it, Ue (counsel) said be had nol