The New York Herald Newspaper, April 14, 1870, Page 4

\ 4 ne amt THO WP AREAND TRIAL, More of the Calhoun Letters—- Spicy Developments. The Stage, Theatrical Artists and the Bohemians. MeFarland in Search of Lit- the Danny. His Agony at the Loss of Wife and Cnild. Interesting Testimony as to His Sanity or Insanity. ‘the Calhoun correspondence, which formed me Durden of the case in the early part of yesterday, Was lwtened to with cguaidevabie interest by the Jarge and intelligent audience that Hiled the court room, ‘The strong and spicy letiers of the previous day, laden with the seductive aud persuasive elo, quence of a Woman's pen not unused to the arts of composition, whetted the general appetite for the re- ception of a further instalment. The letters read yes terday rather disappotnied expectation, in not being 4 peruunent to the question of Airs, Calhoun seducing Mrs. McFarland from a true and proper allegiance to her husband, Tne beauty of diction which marked the leiters, the tender sentiment about flowering meads, murmuring rivulets and groves alive with the minstreisy of birds were lost signt of 4m the absence of anythiag tangible about the clan- destine love of Richardson and Mrs: McFarland, A good deal of, what might be deemed irrelevant to the case was contamed in the leuters, and the Re- corder, realizing the fact, deemed the further peru- al of such nonsense a wasie of time, but the pro: cution, apprenending that no damage could be done thetr side by the entire 1endering of the correspona- uce, insisted upon going the whole hyena. GEITING MONOTONOUS. Among the witnesses there has been no deviation from the one line of testimony going to prove that McFarland was laboring under a palpable monoma- nia, The direct examination and much of the cross- examination to-day were tedious and trifling. To ordinary listeners there seemed to be little potut in asking @ Witness over and over in what part of a cer- tain street he met tne prisoner, and what time of the day or night, and whether lis son Percy recited Shakspeare’s Richard Ifl-or tho Battle of Hohenlin- den, The prosecution were sleepy and listiess and the defence languld and used up. THE FEMALE SPECTATORS. ‘Twice as many ladios as usual were in court, all dressed in the bright colors aad airy fashions of spring. Several came tn wiile ‘ie proceedings were under way, and as they happened to be veiled and clad ia mourning every idic eye was turned upoa them with the curtous belief tnut ove of them must be the renowned Mrs, Abby Sage McFarland, There was one lady of flue classic features, wearing del cate gold-mounted glasses, Who Was Very generally pus down by the newspaper guides asthe author of the lively letters read In the moruing. In this there was viclusion, a3 none of tue noted female actors in the present drama have made any appearance tm court so jar. The iadies who.atvend day after day are people of elegant leisure, with perlaps a literary turn of miad, or else @ Worbid curiosity in Ioatters of social inpora THE COUNT JOANNES. It was stated jy, Vower tite tobtt @wistake. He was present, but so utterly disgutsed In a new and handsome wig and deprived by the barber of is eflervescent mustache that his nearest relative would have falied to recognize him. In vain the reporters’ eyes wandered with keen anxiety over ‘Ue crowded court room to Hud the familiar figure of the Count. Suddenly, walle one of the Calhoun setters was being read, referring to Mr. and Mrs, Greeley, a tall form shot up in a corner like @ jack in the box and reveaied itself as the veritable Count. Anxiety ‘was at once allayed. The Count was on hand straight as ever, with a magnificent shirt collar, running like a waterfall over a waste of scarlet neck- tie, Never did the Count appear to better advantage. His clean-shaven puysique, his massive brow, his eagle beak, bis piercing eye made a picture which arresicd universal attention. Lifting his glasses with courtly gesture to his nose, the Count threw a sweeping glance around the court room, enough to make the learned laugh and the vulgar stare. The following circular, whether emanating from the Count or not did not transpire, circulated among the newspaper scribes:— George, the Count Joannes, will, it 1 expected, be oxam- {ned af an expert upon the question of insanity. He bas studied tie question, and It is auticipated the prosecution will avail of his practical experience on this head. The Count orsessex a thorough knowledge of monomania and is roughly versed ia tts action. The advent of Joannes to the stand will be one of the incidents of the trial, FOR THE DEFENCE, Fitzhugh Ludlow, whose magazine essays on Opium and hasheesh eating are not unfamiliar with the reading pubiic, made an excelicnt witness for the defence. His manner and ae 43 left little to be desired. ‘The Catholic pubiisher, Mr. Sadiier, though nota very Nnent speaxer, talked liko a man who liad a sincere aud conscientious desire to ex- Plain bis convictions of Mcbatiand’s state of mind as he observed ihe exterior symptoms during the period between 1867 and 1569. His magnificent Irish brogue would have delighted the soui of Witham Makepeace Thackeray. it was generally supposed at the close of the proceedings that the defence would rest on the testimony already produced and Jet the prosecution put in tis rebutting evidence. EAGUTE DAYs PROCEEDINGS, Farther Racy aud Spiritaciie Correspondence, Immediately after the opening of the court Mr. Gerry resumed the reading of the Calhoun letters. MRS. CALHOUN TO MKS. M'FATLAND. NUON PHACE,) SeNpay APTERNOON My BrLoven FREND-—It fa atter di ous, w expect asoporiti. Your last two letters wore forwarded mo at Long Braach, but I had no time to answer them there, aud I came bome early last night. Yon h ‘good to take so much trouble for me and ad thank you with Ups anc eyes, and possible that I may not be able tell you all my p fa only for your ng will seo that thia ieiter HOUSEKEEPING Gowste, You know we are housekee) for the frst time in three years, and expenses are terrifying, but Lknow Mr. Calhoun Wauisd to do tt) 40 I thought we ¢o hegan to recetve = regu him for angthing for my persoual wate. Therefore i have taken care of myself entirely for the last six months, TKAVELLING FOR THE TRIECNE. But Ihave been away for the Zriiuxc three times, and though the paper pays my travelling expenses and my board bili, stil ¥ had to dress more than I should at home, and Tam forced to bug many things which I would not otherwise, Moreover, I ‘was obliged to put out all m because L have not had time to do it, und my cloth dreesmaker's and soam- stress’ bilis this summer bare been over #200 Then I took one of my aistors, who was not wail, to Saratoge, and that 001 Bille of th d altogether ry an now. ¥ ‘KEST MAN IN THR WORLD”? Of course, if 1 were to ask Mr. Calhoun, who is the best maa in the ~ world, he would tell me to, go, Duk now he cant't well afford to let me just now, and Tdion’t want io brenk my resolve; go T shall have fo walt till I can hoard a little, and I fear that will be too Tate to Bud you. Ishall not go to Sheiburne if you are not re, Of course, Ihave not much cared to go at ali except to see you—only that. I wanted to tnke mother, who has Hever geen tue White Mountains, whose Lealth is dele ie, growing old. Tt wil bea biiter ' on her account if T cannot go. be home, the You 4o that T shall see you ta any one thing 1 wil not’ do is to for ail.” I had the spectacle of mew dresses and con't mean to have another for a year. parvo been trying all simmer to save money for soni hooks r which Lam famisbing, and some otuer delightful taings, but Lauppose I never shalt. De you know I have almosi lecture thts winter if [I can persuade anybody to herr me, which fe problematical, I am goifig th work at my lee- tures at all events, and ahah resume my elocntion lessons to sirengten my ‘voice. J kuow there ia.as mach in me fn Anna skinson, and I mean to coin my heart for Grachmas if it be posstbie. 1{ I] can arrange to earn ecventy- we. dollars by doing extra work ‘these next. two weeks look for You know I shall bave just doul ine to but T want mother to have Bm Dice time and be able to go just where whe likes. Father used tobe rich, ond now they are poor; mother has vever been reconciled, and I wan} to give her all a within my very Darrow grasp. Bo, my darling, have told you all my disappointments, When I thought ould be able to go by this time my bills had not come in, and I did not kuow bow dificult it would be for me to ar- wengethem. And 1 have so mary persons besides myseil to E ides. My heart has gone to you ever so raany tim 4 eoall follow in the body Jf it be possible. Aud now, to wo this miserable ledger business for something boiter, mysot hare avowed my immediate future, MONEY TUR POTENT SERVANT. All this fal! and winter I shali do my exceeding utmost make money. % ie the one potent serraut— comforter aud donsvier and hoiper—ia annem tt T mean; of course not tn iteolf. And I Wateane ma net ta talt, Ane roe een trampled out by hard hoofs of neceasity. Have you had any encoura; qT Nagy ry ‘thatway, having no direct theatri 66, fut Pil try to obtain some, I Know that you would aiccoady end f fally belleve ik to ve your best ‘and hoblest work, BLLLE. MARPING ON THR ATAGT mothing, 80 mien CA we eo, needs e iy ails, now 1 cot lp you tn ge eyour wardrobe, vat I tee! there fs not nich that T can do. However, wy dear ohiid, the helpers will come, Of course, T know that tho life is by no means an aay lives and irestion one, I know that ne ot feet, and loi, tnd’ oBilact with. do and sights, But if t urage- - peowls, had half the confidence in my power that i kave in yours, Tsbould have been on the stage months ago, now’ that I should not have failed, u ou have fo many ifta--your beautiful changing color, your varying soultul face, your earn and treshneas of nature, your lo oC Tp Bk and in love for your children —you have also tl Lighews incentive, Dear ebitid, L wish [coul wake pereerears bt and smooth to the bighest euecese ; but only that success 1* higheat to which we make our way with pain aud tol, When you o tack we will have & longtalk about this matter and see if we caunot make our eager audition give place to excellent doing. Ithink Stuart might be hi ed Bete. you on tho staff, They have absolutely no lady joter Garden. A THRATRIOAL OMAMURRMATD OF THE MOST HOPELESS CMARACTEM, ‘That Miss Johnson is @ chambermaid of the most hopeless order, aud how Edwin Booth cun play with her passes my understanding. Now, if evar, women of power are needed on the stage, and made, You know Stuart loves: the pee way on Ue ui ‘rian I write to Mr. Gay and wade him to use bis (oonce fe her de an goods A Me. tong would help me, Write me everything-—all your hopes and fears aud troubles, T have acldom ta my life heou ao frank With old fripnds as in this morning of our love with you. 1 hope you will be moved to let me help you with your burdens, if that be possible, or at teast tell me what they are. Meanwhile, {shall indulge a lovely dream of aaeing & Desdornan, «NEW. YORK HERALD,» ftun, 4 and Jule and Opbetia and finritans. to au Otvello, long unmatched, thongs often dreadfully wedded, doting but ineomprehonsible Hichetiew, « Hamtel, who tmust havo been made ach a maiden as the staze haa tons cursed him with Don Cigar, whore one unpardonable crime was the tion of the abominable gypsy he 1s compelled to 210. 11 youdo succeed in yaaking an eugagement { sball not have one shadowy foar of your histrionio access, and 1 shall really feel that I have done some good m the world- a co1 dition of feeling which I have often felt tobe unattal ‘One bas no business not to do his peculiar work; 1a! always fool that it was imine and that I wronged’ mys Jn ‘not doing (ft, But I was helpless. 1, swam, strong. and was wrecked {n peucelut waters at last, But take care, may darling, that you do not make the same mistake. know that you Will be n happier woman and, therefore, a better one if you can do the work which {sin you, When aro yon cominghome? We must sce much of ‘each other this Winter. We cannot afford to miss that, Tthink. Tnved you, dear, I don’t quite suppose We shall be avie to wet the world right, but we may do some: thing towards keeping each other right. I get dreadfully tired and discouraged, and the mistakes of my life well nigh over- whelm mo at times, and if T can catch somebody to preach to T always Gnd myself wonderfully improved in temper and cheerfulness, 1 perceive that you bave a beautiful patience, which {its you to be @ victim, and, I dare aay, 1 shall maxe you one. On the other hand, when other people are worn out I possess the most’ tudomitable patience, and hope I may help you. I hope you will bring back bealth and strength from those tar hilla, and a whole harvest of freshness to be used all winter as necd calls. THE SPIRIT OF PROPHEOY-—-THE IMPENDING QRISIB, With the spirit of propheoy strong upon me I foretell that this, winter will be a erisle f both, oa A re 8 long season of OU ‘or! iS ie 'e! our ho; al at ae SanRIN A RESKLA ai over them ith, garlands of eace, I must Kop for thé charming Interruption of correct- ng an endiesa proot, | ‘This worthless letter must go becaise Tshall not have time to write anotber. Let mo hear very soon from you, And remember, that whether J am so bappy astocome or remuin bere and await you, over tully e what was my name? It is the pretty + but everyboly miapronouaces ft 40 1 er. Please use it, RY. CALHOUN TO MKB, M’FARLAND, 71 CUINTON PLACE, Saturday, Ist. My DRAnEs? CHILD—Do you know what ia my panacea tor all my woes? Mr. Richardson. Nobody is half so kind or unselfish as he, and when Tam “stuck,” as ,the newaboys say, 1 just tell Lim, and his clear common sense and kiad” heart always find a wy, {nto smooth paths agaln. Therefore Tand he were berg f siiould just trust nim. with the whole story, and send bim to seo Stuart, whom he knows very wail Aias {he left for Kunsas on Wernesday, and my right hand ie wauting, #0 T mnet e’en do tho next best thing. 1 can- not at this momont tell what, but my inspiration wilt come fn the course of the day. Tt al does, [never met Stuart but once, when he was vay courteous, He would not remember rae now, but if, it 1s the best thing for me to go to see him T shall WINTER GARDEN STUANE AND TIE BOHEMIANS. T shall just find out all his ways from one or two Bohemians who kuow him intimately, and then vimt him aod sak him to come nd tude Incheon with me, a8 will most ropitiate his lordship. My dear, this thing is golngto be done, {know it can be and J mean tt shall. [shail set avout {t to-day and have progress to report when you come back, STAGR ORLEGRITING Mra, Mowatt fs = fing exception to Mr. Stn art’ andenhof! i# anotier. Charlotte he wtage to nol play. s to ner ad Jennings are two morc. Butitiafor us to esiablish precr dents, not to follow them. Wat did our fathers die for el Actresses are born, not made, and if most of our actors: woe we had some who wore if not for geatus. Think of ne Winter Garden as one of the trained school; or, indeed, of al! Booth'’s support for that matter, I know that we can do this thimg, and we must. Of courae you can take a feigned name for your country engagement, and when you are anuounced here they jean nay “Her ‘first appearance at this theatre.” I sbould do it by all means, Of course it is no previous reputation that Stuart wauts, but only the assurance that on the staye you Will know your right hand from your ame When he hag sich materiais in use that he erposs objecyons to better; but I suppose it PLUOKING BRIGHT HONOR PROM TOE PALE FACED MOON, Weill, my darling, there ia more glory. in plucking bright"honor from the pale faced moon than in being petted with sugar plums of ease, isn't it The ver etireswillmakn the fruit better worth, We'll see; but don’t win in the end, and you have talent for fifty actresses as present rated, Your letter bas but just coine, and 1 dashed: Off this ahoet that you might not be ‘kept waiting. Dil write again when I have uews to tell. Twant you, and am starring for the living bi of rocks and hills and rivers; but I must e'en fecd myaclf with paving stones, 1 fear. I don't sup is will be ble for you to come. If any kind fate shot bequeath me a lottery ticket of value in the brief interim I will be with you ut Gey Le the scribbling Sisyphus whose rook rolls down fasier that sbecan bring it up again, I fear task: | o. Ab, g I don't sing at the endie like my antity; well !life s nothing but the use we make of {t, and it le better to get false tooth for peo} 0 need thom ‘than to gather apples of Olympus for one's solf. What will be your Salem address? Come to me as soon aa you are pack ‘and lot me know the New York number, We must gether what gold we can in town if the muliens and Aaron's rods did Eve to fail jnto mel ancholy graves without the benediction of my amile I You wiil be very good indeed to let me read with you. enjoy wand profit by timmensely. My voice is pene- whep in best condition, but strong ouly in the low hey are rusty now. What I want ia fulness of d think I can gain that by diligent work. I must top. I hope you can read this crooked scrawl. Ever and always m: loved, yours fully, Lu. ‘Write often. MRS. CALHOUN TO MMS M’FARLAND.. STAGE BT RUCK, _,. 17 CLINTON PLAOR—Thuraday Hurrab, my daritng! All my wheels are turning the right way, and the world moves, Mr. Stuart has just goue. He did “answer your second iciter at length. Booth was with him when ft reached him, and he read it to that divine man, who feeis interested in you, [quote the words of the poten tate, aud if you will play such parts ax ths Queen in “Ham Je"" and ofhere at ‘irs you ean have un engagement with the miracie! here!! this winter!!! under an assumed name iI! or if you don’t want to do that, Mr. Sluart will give you an engazement in the eountry; bul I ndviae here, tat by all means. My darling, 1 eowid not bo happier if & had discoverad a gold ming, Maybe we have. PLAYING WITH LOOTI Think of playing with Booth! I believe I should die of that rose in aromatic pain if such # priviiege were mine. Biy dear, this fa such a good omen, Youth snd bope and beauty, ae poor Miss ¥lite~ used to say; but there fe no cad moral inthis case. I hope this will reach you in Boston, tt will comfort you #0 mucus, butte ftdoes not tt will be only because you will be here where 1 can tell youall the wirepulliag I fave done. 1 am really good for something I believe after all, and when you succeed I ebalt f ti pray you ct dT know not cutive. name W, Stuart by name. iuid be kinder than’ be, and he wants you'to come and see hit ag goon as you are here. “Such farka, Pip,” and Booth! Ho has talked about You, and binwelt propoied to bring you out! See Naples and J must stop to catch the mail, My darling, I put two loving avina about youand give you the heartiest and hopetutlest b.essing youever had in your life. Come at once, If you should come on Saturday and don't time to come and sce me, go to church, Mr. Frot "a, Foriteth strect, near Sixth evonue, on Sunday inorning and sit with me, pew 8%, and we'll talk it all over afterwards, Ever devotedly, LU. ‘The Court—Mr, Gerry, are these letters all con- fined to Mr, Calhoun’s personal cmotions? I don’t see how in that case they are very matorial. Mr. Gerry—Only a portion of them, six. The Court—I would be glad if you select the por- tions pertinent to the case. Mr. Gerry—I have endeavored to do so, sir. On the conciusion of the reading of the selected portions, ex-Judge Davia rose aud stated to the Court that these were gossiping letters between two wo- men, butas the other side have put them in and they cannot be unuerstood from the reading of de- tached portions, we propose to read them at length, The Court—If the letters are of a character caicu- eres to exasperate the prisoner they ought to go to @ jury. Judge Davis—We cannot now exclude them. The Court—No, Judge Davis—We are entitled to read tbe whole of thera, 0 that no false@mpression shail be deduced from them, Counsel reads selected portions for this purpose:—‘‘Hiere is # line in point, ‘I perceive you bave a beautiful patience, which fits you tu be a victim, and I dare say I shall make you one.’ This passage detached from the rest ot tne letter might Torm an argument in the case on the otner side, The leiters as Above were then read at length, ne examination 01 Witnesses was then proceeded wita. Testimony of C. E. Eastwood, Charles W. Eastwood, examined—I reside in Thirty-sixth street and Lexington avenue; [am in the woollen bustoess; 1 know Mr. McFarland; I made his acquaintance at John N. Cleveiand’s; saw hia the month of November, 1869; he cailed at my place, 248 Canal street; tue last time he called was about a week before the shooting; when he came im he sat down at my desk and commenced talking about his famtiy; | spoke about some other business but he immediately commenced tatking about his troub'es; he seemed to be very much excited; he re- mained there tor three-quarters of an hour; towards nightI told nim L must go home; we walked up ihe street; when in my store he was terribly excited; he struck the desk with his fist; his whole appearance was wild and haggard; we finaily starved and walked to ‘Twenty-Drst street; he walked up the whole way to my house and stopped outside talking; my impres- sion was that he was not in his rigot mind; I re- arded him as a2 monomantac; he had oeen in the abit of coming Into my house, aud I noticed the general change which had come over lim; he always referred to his troubles; he was rational cones when talking upon ordinary subjects; in 1867 he camein; 1 think he came into my place sometimes twice a week; Itnink 1 saw him about twenty-five times between May, 1867, and November, 1860; he always spoke on the same topic; the syinptoms of Violence and frenzy seemed to increase; in these conversations he alluded to his love for his wile; he often told me loved her with ins whole heart, and his greatest sorrow was that he could not provide s0 good a bome as he desired for her; he also spoke affection- ately of his children; when he met me io May he told me he had not siept for six: weeks; in Novem- ber he toid me he often walked through the atreota at night; 6 said he wished himself dead, and that ho attobulnes sound “hiselt warkiag ance hs knowing where he wes going; J re- Member meeting him at Twenty-third stroct tn August, 1869; we had one of those painful conversa- tlona there; he told me how much trouble the habeas corpus cy ven bim; I endeavored to soothe bim and propare him for his suit; J found tt impossiple to calm him, Cross-exausined by tho District Attorney—I never bad any busmess with Mr. MoFarland; 1 know he had soine Connection with some mining stock ope- rations in 1866; Mr. McFarland when he came to me was in the revenue department; I went to his house in Laight street wito his family; 1 also cailed on him when he was living up town; our families were Not very intimate; these conversations commenced E May, 1867; I called his place of business when e WAS In the revenue business; Ido not know when is Connection with that dopartment ceased; 1 was ot @ Witness in the habeas corpus proveeding; I calied on him last fall; he came into my store about @ week or ton days the shooting; the first thing he sal “How do you dor” I was writing, and he (said, «Don't lec me disturb you,” and L continued writ- ing; he asked me whether I had heard any more news about Bichardaon; I said 1 had not, aud he said that Richardson was going to sell his property and was golng to get a divorce and take nis (Moar- anata wile away With bim; he said that Richardson rr STOLEN HI3 WIFE, and by this time had probably got a divorce; he went over the same old atory; he thuinped his fst ou the counter; Itold him not to make so much notse; im wll this conversation he seemed to vo very much excited; he seemed to be very violout when he spoke of his domestic troubles, His mgn- her on tus occasion was more excited than | had previous'y soen it; but be was somethtag stiiatiar in other respects; he went over ihe saine conversa tion. Redircot.—Q, You were asked when yon mare any calla, did you see Mr. Mcfariand and his wile 10- gether? A. Yea, sir. Q. What was their manner towards each ovber? A. Always very pleasant. ie Q. Did you hear Say endearing epithets? A, No- thing more than usni ‘their manger towards cach other was always Very pleasant, Q. Did he show you the mtercepted letter? A, He did, in May last. Testimony ef 8. P. Wakeman. Sanford P, Wakeman, examined by defeuce—I re. side in New Jersey; Known McFarland siuce May, 1869; [had a conversation with him aljout the 1atd- die of May, in which he went over the story of his domestic trouvies three or four times; beard his boy, Perey, deciaim Shakspeare's ‘itichard the Thira;”’ he told me about his two boys being taken Away; he walked home with me, and I observed his manner ‘was very excited; nis eyes had a wild expression and he shed tears copiously; | considered there was something wrong with him ; he appeared hag- ard and careworn; he said he could not ive much longer on account of the troubies he was suffering from; on the subsequent occasions wen I met him is manner was the same; from August to November the symptoms increased ot Nev's oo ee tea tears; from beg le dae tomis I saw | always thougit he was 3 Lneve! saw him when he did not sate these Miipio fH remem bar.meeting Mr. McFarland on Sunday, 14th of November, 1369; he said he did not think he couid live long; he asked me to look at him and see if 1 coulg no Stsoover if he was not about to die; I weut homé with him on that occasion to Bast Iwenty- sixth street; he took some supper; his excite- ment over the same subject mpopenseds 1 made an effort to get him off the subject, put I was unsuccessful; I stayed in his house that night; after we had lan fifteen or twenty minutes [ spoke to him, but he made no answer, and I concluded he was asleep; finding him making no reply I did not spesk again, as | wanted him to sleep; after we had Jain there baif on hour bg raised up his hands in the bed and exclaimed, “My God, my God, where 18 my child?” end ina moment he |i down asain; he was then restless; he then awakened and dia not sleep again; 1 thought it was a dream; I did not sleep at all, as Mr. McFarland had given me two seapng cups of coffee; Mr. McFarland got up and dre: and went out for five or ten minutes; ke returned, lighted the fire and commenced to go over the same story; it was not then Gaylight; 1 saw him on tae 15th of November at wy vitice} on that occasion he guid théy were trying to take his child away from wee he asked me to go to Wood- side te if he could hear auything of it; I went with flim on the Morris and Essex on the 18th November; we started about half-pase nine o'clock; he asked to go with him; I sympathized wich hina; woe went trom the boat up Barclay street; he did not TAK a8 MUCH as Usual; When We got Lo Belleville he told me there Was & grocer at thut place, 9 man with wuom Kichardson traded, and Mc¥arland asked me to inquire something about him m reterence to the whereabouts of the children; 1 did sp, and told him that Mr, Richardson was married; that’s.about all J told him; that announce- ment had a very serious effect; Le nearly famted, and cried; he was in a frenzy at that tie; I partially succeeded in quieting him, but very little; | went with bim down the road in order to make further fa- quirles, and comwmunicated the result to Mr. McFar- land, which was that what 1 bad told bim before was not true; that Richardgon had been there the day before and had gone to Massacuusetts, and that the child was_ with ¢** mnan, al, Maseachu- Beatie WIM Ste Uapot aia K ™ Oiers when I gor" a0 his Godtversi- tions were very rational;’ ne wept more than once in the car; he intimated to me that he did not want to be spoken to; we reached New York about five o’clock; I saw Mr. McFariand to his wore? the excitement continuing ail the tame; we had previously had something to eat; during the time we were catiug our supper Mr. McFarland was very much exciied; I saw Mr. McFarland on the 19th; he appeared very much as he did the day pe- fore; I also saw bim the day following; I remember seelug him on the 2ist on Sixth avenue; he satd he could not live any longer; he came to my place about o'clock; I saw him on the 22d, on Sixth avenue, in the evening; he said all he wanted was sleep; he wished he was dead and out of the way, as it would be the best thing for him; his manner kept growing worse, Cross-examined by the District Attorney—I went into his house on the occaston I refer to about six o’clock and remained until about twelve o'clock; the boy was sent home; atter that time I visited him frequently; the conversation I had with him re- ferred chiefly to his family troubles; I did not know any of the parties; in the first conversation I had with bim I think he told me he was an assistant assessor; he did not state where the office; he said he was ‘with Mr. Clevelend; at that time | did not hear him tell hia son to go home from the restau- rant, which Was opposite his house; he made the recitation about half-past seven; he seemed to be very proud of his boy; he did not say that he had tn- structed him in recitations; he said the boy could recite well; I do not think he told the boy what to recite; the recitation took place in a reading room in Amity street; we went over from the restaurant purposely to hear the boy recive; 1 do not reool- lect any conversation on the way to the reading room; I think there was a liquor store in one part of the esiablishment; Idon’t think there was anybody in the reading room when we went there; we remained avout twenty minutes; I do not know what selection the boy recited; I caunot say whether it was irom Richard 1U., as Ido not kuow anything about it; we took nothing to drink; we Jett at my suggestion; we went away and walked up to the Washington Parade ground; We then went to my place, No. 184 Waverley place; te boy was sent home whea we got to Highth street; we con. tinued talking from that time at my Louse door; I thought he was irrational; 1 don’t remeinber any Special word that was irrationat; 1 don’t think he told me then where he boarded; this vas the middie of May,aud we wentto Woodside on the 18th of Novethber; 1 saw Mr. Douglass there at his house; he lives at Woodside; the prisoner was not with ne when 1 had the conversation with Mr, Dougiass; he went tothe depot; we did not stop to take any refresnments onthe way over to Woodside; this Was about ten o'clock; I went first to the grocery ot Mr. Bears; we bad nothing to drink there, nor at Mr. Douglass’; Mr, SicFarland was not intoxicated when we got to Dougiass'; he was not pretty drunk; Thad not seen him drink apything that day; tuat was the only time I had seen Mr. Douglass; I don’t think we stopped to take refreshments ‘immediately returning; 1 went home with Mr. \McFarland; I think it was Sunday night that I stayed at his house, @ud 1 think it was the 14th; I bad been with him about ten or fifteen minutes belore that; when we got to his house it was just getting dark; I did not see anybody elae wheu we got into the house except the boy; Ldo not know who kept the house; we went to bed about twelve o'clock; 1 did not sieep at all; I Jett about half past eightin the morning; I then left him; lamsure I saw him on the 22d; it was tue Monday after the 1sth. Testimony of George Wailing. George Aikowss J examined—I reside at 46 Thirty- seventh street; I was a waiter at Mr. Carr’s restau- Taunt on the 4th of November last; the restaurant is at the corner of Twenty-sixta street and Fourth avenue; [ have been in Mr. Cari’s employ on and om for five years; 1 know McFarland, tae prisoner; he used to breakfast there iu November last; he com- menced having breakfast there in October; he break. fasted lightly; I noticed that be wae always rather excited; Lolten saw Percy, the litte boy now in court, with him. Cross-exaimmed by Judge Davis—He used to come in about seven o’clock in the morniug; he generally brought a newspaper with him and would rather have a mutton chop or pork sleak; his son gene- rally nad the same as bimseif; he used to complain about his food; the meat was either too rare or done too much or not enough; became in one morning and inguived for Percy; 1 told him he was not there; he became very excited and went ont; he then came back and slammed the door end pulled himself out of the chair; he then knocked on the table; I asked him wnat he wanted? he said “Notiing;” he did not order anything that morning; | noticed when he went out that ine eyes were biood-shol; he looked @5 though he bad been drinking. Re- direct—Heard him mutvering to himself; I think this was avout the 25th of November, PILING UP TESTIMONY. ‘The Court to prisoner's counsel—How long whl this testimony a8 to Mr. McFarland’s peculiarities be continued to be accumulated? Counsel for the defence— We propose to show that from 1867 to the present this man’s miad was over- whelmed and deranged upoa this subject. We can- not tell when we have got enough and when we have not. We have discarded many oi the wit- nesses and cut out a great deal of our case in order to shorten this matter, and have spent several nignts, since the prosecution gave so short a case, In order that we might shorten our case also, The Court—Well, go on. Testimony of Michael Callahan. Michael Caiiahan examined—l am in the em- joy of Mr. Carr; | was there in November, 869; L have been in hig employ fifteen years, wud am tucre now; L pm wailer and cashie THURSDAY, APRIL 14, {1 gnow Mr. Mok: apd saw him at | the ‘hotel prev} to shooting; I think tt ‘was in the ¢ ‘part of November; one morning be came in with bis brother and, I think, a little boy; he sat down at the table,-and he atterwards walked through the room es i he was looking for some- body; I went and askea one of the waiters if the gentieman had had anything; I saw then a gentle- man Who said that he was hts brother, and whatever tae prisoner had had he would pay for; he also told mo that McFarland had separated from his wife. RULING OUT CONVERSATION. The Court—ihat conversation was with the brother. Witness—Yes, The Court—Thon you must not atate it, Counsel for tie ‘defence—I should wish to take & ruling from the Court as to the conversation between tue brother of the prisoner and the witness, ‘This conversation was before there was uny motive to make @ false statement and before this event could have been foredcen. The Court—Who could have foreseen such an occasion? Counsel for the defence—I want to show that the brother suspected that something was wrong with the mind of the prisoner at this time, and it 1s im- portant that this witness should state the result Produced upon him by what took place and what the brother sald to him, and that conversation ts just as much part of that occasion as if it had been stated by the prisoner at the var. ‘luis witness tells us it is One occasion, and he nas a right to tell us if the brother Commented upon this occurrence, as to whether it was an indication of mental derange- ment, and had reference to what occurred on the 26th of November. ‘The Court—I shall exclude the question. ‘The question was then put, and the witness was told not to answer. ‘fue court then took a recess, Testimony of William Moore. William Moore was examined. He stated that he Was a wailer at the same establishinent at which the two previous witnesses were employed; he saw Mr. McFariand in the house and observed @ restlessness about bis manner as well as¢he display of a queer affection for his son; one morning he came tn in company with His son and his brother, and did nov seem to care for what he ordered; occasionally he would come into the restaurant with lis hatr dishev- elled and looking like a man who bad come trom his bed without washing himself, and also like one who uuad had bat lictie s:eop, Cross-examined by ex-Judge Davis—I noticed one or two incidents exhibiting a strong affec:ion for his boy; there was @ great tremor in his hands, so that wane he Laid down is kale and fork they would raille, Testimony of J. B. Coughlin. Joha B. Cougulin examined—I reside im Vast Fit- teenta street; 1 am an assistant assessor for the county of New York; I have known the prisoner since last June; the first day saw him my atten- tion Was particularly directed to him, and | thought bim & man whose mind had lost its balance; | noticed a restiessness; he walked ,through the office withont noticing any one; his eyes had a dreamy or rather nu expression; 1 bad most to do with divect. ing him; we generally gave Lim Bach things as did not require much memory or thought; frequeatly be would lorget all about it and I would have to put it oh paper, and frequently he would forget that and have to be told next day; hig duiles were to get dia- grams of property from the fax Ofice and to make esiimates Of value—mostly mechanical work; ne ‘was at that office down to two or three ‘8 berore the shooting; 1 thought hii physically broken down trom his having no memory; he told me he had speut every ceit he had in the habeas corpus pro- ceedings; he spoke of Percy; he spoke of getting his boy Danny back; the last day I saw hm he was more nervous ald excited tian 1 Lad ever seen hin before. Q. How near the time of the shooting? A. Two or three days. Q. What occurred on that day that led you to the impressions you havo siated? A, Lremember he was at my desk; he interrupted me in what was doing at the time; he sala, “What do you think | have discovered /’’ then he weut on to say, “1 lave discovered that Mr. Richardson has got a bogus di- voree for ty wife aud that he js uboutto seit his property and move West, wuere be 18 going to start @ newspaper, and he is about to take away my wife and chid,” and when he spoke about his cluid be became very much atfected. Q. You never saw nim to be as bad as at that lime? A. No, 6; Linterrapted him once or twice in order to get rid of him; he asked me whore | was fons: I suid I was going up town, as { did not want him to go wih me; he said, “I will go with you, as Ido not want to be alone; | explained +o him that 1 wanied to see & man 0.1 business up town; silt he went with me to No. 788 Lad avenue, Mr, Fuilt- uie’s place. Q Did he accompany you there? A, Yes, sir. Q. What was his conduct at Mr. Fallinie’s piace? A. 1 can remember out one or wo things in reia- tion go his conduct; he asked Mr. Fallthie if he had read™some poetry published la the 7rbune, and Mr. Fallinie replying in the negative he asked me ior the paper, which I banded him; he then began to read cae verses; he started out to read them, but dia hot complece them, and asked me to read them, Q. From what you remember of his conduct, from what you saw, was it rational or irrational ? A. Weill, at that particular time he was rational euough. rs n ‘ q place #4 4@uRenGealy Aptional at Mr, (Pallunte’s Q. Dia you give him advice about this man takto; Mis child? A. He said ne might never see his chil again, Q. Did he say anything about Richardson getting put of the way before he ooald tastea legal proceed- ings upon nim? A. Yes, sir. Q. Was it understood in the office that he was in reat trouble about his boy? A. It was understood Hat he was in great trouvle about sometiing, but a3 to whether it was about his boy [ caunot say. ». Did not they try to make his work light? A. 1 it So that hig duties were very light? A. Yes, r. Q. They were almost what a child could do? A. They were very light. Cross-examined by the District Attorney—Q. Did you Rotice that at that time he was drinking? A. Not on that occasion. Q. When did you notice it? A. Not until about a month after I formed his acquaintance, Q. When did, you form bis acquaintance? a. In June, 1869, C Well, did you then notice anything about him? A. In August I'recollect one day that 1 noticed that he had taken some liquor, Q. Was he much atfecved by It? A. No, sir. Q. You saw he had been drinking? A. Yes, sir, . Did you inter it from his conversation or his action? A. 1 mierred rather trom his action than from his conversation, x Q re you know of his drinking before that? A. 0, slr’. Q. stad he been inthe Internal Revenue Depart- mont before he came to your oillce? A. ‘that i can- not say; I have heard of him beionging to the Ap- praiser’s oftice previously, but I do not know. Q. Do you know how long he bad been init? A, That I cannot say. Q. Did he have enough employment eyery day? A, Weil, he did not have enough work to engage him every day; Mr. SicFarland had simply to take a memorandum from tho Tax Office on tracing paper, giving the distances; 1m valuing property we would give hun w list of all the property belonging to an estate, aud his business was to nuut it up aud ascer- tain its value; we didn’t have employment for him every day, but nearly every day; it would take preuty mich all & man’s time; they were generally accu- rate, but sometimes we found them very maccurate; his reports as to values were given o1aily; from his accounts we fixed @ vaiue; during the time he was there he bad nothing todo with the Register’s or Surrogate’s office; sometimes we had dificuity in understanding his reports, but generally he was pretty accurate; he received five dollars a day. iie-direct—! remember asking him to drink some. thing; ho would not drmk spirituous liquors; he drank soda water, Testimony of Michnel Faliihie. Michael Falliute testified that he remembered Mr. McFarland’s visit with Mr. Coughlin; he had never seen him before; he made up his miud he was a half fool; he talked to him about something, he couidn’t understand what it was; lis Conversation was not seusibie; it was too absurd toremember, 4 Testimony of William Marsh. Wiliam Marsh examined—I am i the employ of the government; I first knew the prisoner in 1867; he was iu the Appraiser’s office, of which Mr, Mo- Elrath was the head; in the early part o1 1867 he was a sociable, Kind hearted man; both he and prisoner got through their work early and conversed for some time, he finding him @ man from whom he could generally learn something; in Maxch these conversations ceased; he commenced talking to himself; afver the middle of March he was not quite so gloomy, but walked continually about his wile and chtidren; his face assumed a horrible expres- sion; his hands were contracted; you had to pull Out his fingers to shake hands; f never can forget the ey Ga of his eyes; I noticed bis hands trembling; he read me @ copy of the intercepted levter; he would read a sentence aud then comment on 1t; he had a to the country in the summer; be was perfectly broken down; later I saw bim oc- casionaily; he would begin on general subjects and go off almost always to his trouoles; about the mid- die of November I met him tn the street and asked him whether he wanted money; he said $30,000; he said that every man’s hand was against nim and every man's money; I met him once in @ liquor sa- loo; Captain cealgny was present; his conversa- tion was ag usual; 1f was not worse when I saw him in November. Cross-examined by ex-Judge Davis—I met him in Broadway and asked him to go with me, because he was so excited I was afraid to leave him atone in the street; he said Richardson was gotng to take his children awsy; be made wiid gestures; the people passing would look round, buc it did not attract anybody so as to stop; he drank with me once in October, on my tuvitation; that is the omy time I suw him drink; I can teil from my book how long h was with mein the office; his services commence: on the 24th of January, 1867, and terminated the 21st of July; he came back after going to the country, but whether to the oficeor novi don’t know, (An examination of the book which was kept by the prisoner was here a aud the entries on tie yarious days made by him announced. They ran over Apri!, May and June. and on a fair proportion of the days the entries Were ali made by him.) To Mr. Gerry—These blanks under date of March 12 should have been filled up. (Mr. Gerry proceeded to point out various erasures Which were made in is work in the Appraiser’s office.) The witness resumea—aAll these blots and erasures are by Mr. McFarland, (The jury examined the book with profound interest.) ‘These obliterations, crasures and blots are his; I know of none in that book except his; when he came there he was not Tamiliar with the business; those alter March snowed 1870,—-TRIPLE- SHEET. 28s Basset coming i foaiane* | EDWIW PERRY'S THIRD TRIAL. Testtmony ef Captain Speight. Captaia Francis C. Speight, of the Metropolitan Police, testiied—! have wn the prisoner; | saw bim on the stoop Of-@ liquor store wilh Mr. Marsin; Mr. Maran spoke to me, and the prisoner turned his head away; Mr. Marsh spoke to him two or three times without his answering, when he turacd round abruptly and asked waat he had been saying: he had a sort of vacant stare and haggard look; 1 heard him sigh, avd he seemed like a man laboring under # depression of spirits, Testimony ot Fitzhugh Ludlow. Fitzhugh Ludiow was next called and testified— 1am an author; I am a member of the bar, but have not practised for some time; have known prisoner and bis wife since 1864; 1 was boarding in same house with them at Croton jor a short time and at Coeyman’s a short ume; their manner ty each other was TENDER AND AVFECTIONATE, and thei expressions of “teudernces”’ even foolish; I mot Mr. McFarland several times after the Lith of March, 1867; he read me the letter of Richardsoa— the intercepted letter; his condition then was abso. lute irenzy; he called at house and brought it and read it with remarks a3 he went along; I saw him Immedhately before he went to Massachusetts in tho habeas corpus pepcnedingss down to tue fal! of 1867, while I was in town, I saw im at mtervals of a week; he continually reverted to the disgrace and the logs of his wile, I telling him he was tootish to care lor such a woman, he refusing to beieve lier 80 bad, and thinking she was UNDER A FASCINATION. At various interviews he exhibiled a very alugu- lar condition of mind; he spoke of seoing shapes and hearing sounds for which he could not account; at being alarmed by them; that must have been something avout # yoar avo; he suffered much trom them, so muca that one evenimg when he came to iy louse 1 walked with him to his boase; my roa- sons for 80 doing were my deep sympathy aud my fear he might do hiuself some parm; | recollect his seeing me soon after he had got back Percy; at first his syinpioms were allayed: tie feeling he had got back Percy seemed at first to absord nim; then tie feeling tor his other child and lus wile ocoupled lun, abd ue talked mataly Of that; his talk was of a conspiracy against him; that money was being used against hitn; that he had beggarea himself and spent all the money he could vorrow in the habeas corpus proceedings; down to a very late time be induiged the beet that but for this conspiracy his wile would return to him; I never saw hin wien he did not refer to it; [ should say ne was wholly irrational trom the time he discovered this letter (0 the time I last saw him, Crogs-examiped—To Judge Garvin—! mean, when 1saw fim down to October, 1869; he tolt me the resuit of the proceedings gave bum the possession of his cider child; Ldon’t recollect. whether he sald 1 Was the result of a decision of the Court or of & compromise; WiatT did ieara Lt got trom him; 1 Understood Irvin Dim the other child was with the mother, in Massachusetts, Q. Did you ever understand from the converaa- tion of the prisoner that an agreement had been made between bim and hig wife for a separation? A. Never; | never heard lim say a word on the sub- ject; I nad aspeuking acquaintance with M ser non; no intimacy; £ understood Mr. McFariand was in goverument employ, and had been aiimitted to the New York bar. and Was in the oflice of San- tord & Le Baron: the on'y time I was in his office was just alter the discovery of the letter; 1 learned from bim; | heard of no other business; alter burden of iis talk was pis troubles; before the discovery of the letter he was a most deuguuiul companion; the only time after that ne ever spoke of literary matters was that he came to ask me for a volume of Herbert Spencer; f noticed it as remarkable; he used to talk of “Perry's Book of Rhymes,’’ by his wifo; he spoke of tucse people being engaged In the conspiracy, some of whom were lite- rary, some not; he came without regard to tine; 1 do most of my writing in tne house, Re-direct.—He weutioned Mr. Kicbardaon, Mrs. Sinclair, Mrs, Calhoun, and | ink @ aster of Mrs. Calhoun; the name Perry occurs Lo mo, but wheiler Mrs. or Miss I can’t say. Testimony of Denis Sadlier, Denis Sadler examined by Mr. Gerry—-Keside 1a Westcnescer county; am a bookseller and publisher, doing vusiness in No. 31 Barclay street; know Daniel McFarland, the prisoner at the bar; ract pim for the first time in the fall of 1868; it was in a quiet Site Itanan restaurant im Ann street. What took piace on that occasion’ A, Mr. MeFarland entered and iniroduced himself to a party of us, three or four gentlemen, who were taking dinner together; he joluca us in conversation, Gnd thus became slightly acjuainted with us; 1 met bun some ume’ afterwards im the same piace: 1 was thon uvlone; he then mtroduced himself to ine more intimately; O0 this occasion he showed wie tie Tet- ters—tle intercepied Richardson letter and a letter to hiwseif from ins wite, which he said she had writ- ten vo hnu tiree or four days berore she lett niin, Q. At the me he exhivited these letters did he re- fer to his iamily troubles? A. Yes, he told ali avout them; his appearance at the time struck me as vel strange: he spoke to me of nis deep love for his w and the deep wrongs le had sustained; this subjgct seemed to be always with him, NOT INSANE. He did not seem to me to be insane, bul there was @ Wiidness and reckiessuess: - hig qua or _— : Teli 4 aking of him vo HANGER PUR AS? OvOE, and inmealing of bin a said he was A LOST AND MISERABLE 3A, It appeared to nave full possession of itis mind, Q. At the thine you first saw him did he appear to have liquor inhim? A. No; om the first aston of my seeing him, we ‘aking a giass of clarel, we invited him to take a glass and hie did 0, but from the first time 1 met with him to the last day 1 saw him he was aa qutet and sober @ mau a3 J ever inet among men. HIS EARLY LIVE. Q. Did you wy to calm huny A, Yes; he told me @ good deal of his early life—where and how he was educated, and where be met with his wife; I asked how about bis religious views—whether he had been baptized and if he was a Christian; he gave me a good deal of information about those people with Whom he was acquainted; and 1 satd to him, “It 1s your misfortune, McFarland, that you did not live as you were brought up, and that you did not keep away from such kind of people, and marry a vir- tous woman; if you had done so you would not have brought on you all the misery you suffer to- day. * What was his condition then? A. He shed tears and appeared very much troubled; 1 felt a good deal of sympathy for him. Q. On tnese occasions had he little Percy with him? A. Yes; on two or three occasions, Q. Did he speak of the trouble he had in recover- Ing Percy on the habeas corpus matter, aud what it cost him? A, Yes. Q. You have no doubt the symptoms of grief and Agony of mind exhibited by lim were genume and sincere? A. Nota doubt of 1t; there was no affec- tation or acting in 1t;1t was genuine, sincere griei, THE EXPRESSION OF HIS RYES. Q. Did you notice the expression of his cyes? A, Yes; his eye was very restiess and uneasy always; I have seen the eyes of persons confessediy insane that were not so restless or wild as Mr. McFarland’s, and I have seen the faces of persons confessedly in- sane not so singularly strange as was luis. The cross-examination eiicited nothing contradic. tory or anything new. ‘he court then adjourned till this morning at eleven o’clock, : SIiGULAR DISCOVERY, A Very Remarkable CusemAn Exempt Vire- mau Dead in an Outhouse Four Months. The particulars of a very singular case of death was brought to the attention of Coroner Rollins, at hus office in the City Hall, yesterday afternoon. Pre- vious to the lst day of December last Mr. George 0. Colt, with his wife and three children occupied a por- uon of the house corner of Seventy-fiith street and Second avenue. About the time named Colt left home and was seen no imore alive by his family, although diligent search was made for him. Some ten days subsequentiy Mrs, Colt and hey children left that house and secured a home else- where, but the search for the missing husband and father stil] continued without any satisfactory result, Before leaving the house, nowever, Mrs. Colt found that the door of the outhouse used by the family, which fastened with a spring-lock, had been closed, and, having no key, she was unable to open it, Very little was thought of the circumstance and no effort was made to open the door of tho closet. Inquiries were still continued in every di- rection for the missing man, but without success, till Tuesday morning. At that time somo voys were playing hide-and-go-seek im the yard at the above mentioned number, when one of them in looking through @ hole im the door of the outhouse discov- ered a man inside, sitting back on the seat, with his hat on his head, and, apparently, life was extinct, ‘The alarm was given, and the door of the oloset being broken open, deceased was found in tho post- tion described. ‘The body was discovered to be that of the mysteriously missing Mr. Colt, by let ters and papers found in his possession, A most singu- lar feature of tne case is the fact that the remains presented a dry, mummy-like appearance und emit- ted no offensive odor. What manner Mr. volt found hia way into the closet, without the knowl- edge of r is of course unknown, but 1t 18 fair to presu @ returned bome when the members of his family were abed or asicep, and, entering the closet sprung the latch, thus securely ciosing himself in, While there Mr. Colt doubtless was taken suddenly ill, aud ‘being unavie to call for help died unattended, eithougn his wife and children were within @ few feet of him, Mr. Colt ‘Was thirty-two years of age and a native of this city. Hie belonged to the Insurance Patrol and was an exempt fireman. He was an engineer by trade and carried on business at No. 3 Croapy strect. Mr, Coit was a member of the}Benevolent Aasociation of the Insurance Patrol, The father of deceased stated that a fow weeks before the mysterious disap- pearance of his son he had been thrown from a ‘wagon and sustained serious imjuries to the back of the head, which ay may have impaired his al faculties, besides producing compression of The remains, which were taken to the forgue, have been delivered over to the relatives for interment. Coroner Rotlins will give the matter the attention which its importance demands. Every- thing considered, thisis ove of the most remarkable cages ever brought to the notice of the Coroner, aud Not the least singular feature connect witn it ts how a corpse couid remain for over four months in an occupied dwelltag without being discovered, Third Day's Proceodings—Judge Barnard Ad mits the Murdered Watchman's Dying Det claration in Evidence—Firthor Evidence for the Prosecution—The for the Defonce—The Case Closed on. Both Sidos-The Summing Up to Take Place To-Day. Edwin Perry's third trial for the murder of Thomas Hayes, a night watchman at Harbeck’s stores, Fur- man street, Brooklyn, Was continued in the Kings County Court of Oyer and Terminer yesterday morn- ing. ‘The court on Tuesday adjourned until mine o'clock yesterday moraing; but it was nearly ten o’clock before the proceedings were opened, the de- jay being occasioned by the absence of one of the jurors. The court room was crowded with specta- tors, 48 upon tue two previous days, and an in creased interest was inanifested in the proceedings. THE TRSTIMONY. ‘he first witness called by District Attorney Morris was oficer Granger, who was in the York street stution house when Hayes was brought in, Q. Did he say anything? Don’t stave what he said. A, He did, sir; he was very weak, and breathed witw dificulty. Witness further staved shat he was-sunt w Perry's house, but did not find bim there. Opicer Jones Grant assisted in removing Hayes to the hospital. On the way/there he compiained of pain and-requested the witness several times to change his posiuon “in the carriage. On the cross- examination the officer said that he did not hear Hayes ask for a doctor. Dr. Richard Stone, who attended Hayes at the sta- tion house, was next called,and was subjected to a rigid cross-examination by Mr. Speacer as to tho effect and perils of a gunshot wound. 1¢ was during the examination of this witness that the old question ‘of adumilitng as a dying declaration Hayes’ state- niont that Perty was the person who shot him arose upon en inquiry by District Attorney Morris as to what Hayes sald in the station house. Mr. Spencer objected and argued at some length tuat thee bad been no foundation laid in point of jaw for the adinission of a dying deciaration. . He argued that iu order to warrant the admission of such a declaration it must be ailrmatively prov cu tat (he wounded man had given up all nope. HAYES’ DYING DEULARASION ADMITTED IN BYI> DENOK. District Attorney Morris was'about to reply, whoa Judge Barnard said he would admit the teat mony. ‘The deceased, nis Honor said, was shot in & place ordinarily fatal, ‘he post-mortem examina tion sbows that at the time he received the wound he was bleeding to death absolutely, There was uo cessation at any time. We must give him creait at least for ordinary intelligence, fe must have oeen conscious of the sy mptoins of his case and the effects which they would create. He was conscious. lie went into this. car, He then expected immedt- ate death, He desired that is number might be taken down and bis naine, 1n case he should die be- tore he got to the end oi bis journey. He gets yeaker and weaker, and in the station house he is u that he is dy It 18 Meationed that he w dying in his presence, and he assents to It. Mr. Spencer objected, Exception noted. Dr. Stune was then questioned as to what Hayes said, but ail he appeared to kuow was that sone oflicer questioned cho dyimg man and witness beard him say “Harman sireet; witness also heard verry’s hame mentioned. NAY#S! DYING STATEMENT, Officer Corvin testiied in retation to what Hayes d tim ms uané aud he said his name Lasked him if he was mairied and he said *Y¥) Tasked him where tus residence was and ie satd it was No. 264 Nort Second sires, TYasked him who shot him and he satd ad Perry ;” he then said Perry hyed in Furman street, over Gal- vin’s liquor store, but we wouid be likely to fad him near the Wail street ferry, as he Was around there most of his ume. CORROBORATIVE TESTIMONY. Onicers Campbell aud Grauger also swore that flayes stated that Perry was tne person wh@ bad shot him. Joun t, Kersan, who assisted Hayes ont of the oar at Fuivon ferry, swore that ie told him that Perry was the man; witness asked him if he wag sure, when he replied in (he atirmative, aid added, “1 ug with him at tbe time.’ m On irant testined that Hayes sald he found Perry stealny trom @ lighter at the wharl; igs he pursued him ihrough the area, When Very fired at lia aud he returnea the shot. Jolin Brown saw Herry coming up from the Wall street ferry about @ minuse and a palf atier the pia- iolshut; Perry appeared to be Grauk, and went tawards the South ferry with Andrew Moore. Om the cross-examination Witness sluted that 1 would lake esgitt or ten minutes to go [rom Roberts stoves alogg the dock, scalimg the feaces, to Wall atrect ferry, and tat, 1a bis opmion, a drunken man could not do it. Mr. Coiby was called, and testified that ittook nim three minutes to go from Harbeck’s stores along tha docks ((he gates bemg open) to wae Wall street ferry, ‘The cross-examimation developed the fact that wit- nes4 knew of the arrest of a purty on the charge of siealing coffee trom the bark Maria, nt ar- heck’s stores. On che re-direct he plated here was some logwood plied up up at the feuce of RKov- erts’ stores on the night of the murder, Mr. Bartlett, one of the proprietors of Harbeck’s stores, swore emphatically that between half-paat five and 51x o'clock the archway was lighted; he did not know whether there was @ light there after 81x o’ciock. In response to inquiries of Mr. Spen- cer the witness stated that there was a man about six es in height, dark complexion and of stout inder arrest on the charge of having stolen cotfee from the bark Maria, at iiarbeck’s stores, on the night of the murder. Zhe man was discharged. The cartridges found in Perry’s house were offerea by Mr. Morris, whereupon “Mr. “Spencer objected, snes Barnard overruled the objection. Excepuop nol + ‘The prosecution here rested. THE DEVBNCE, Mr. John H, Bergen opened the case for the de fence, claiming tnat there had been no evidence in- troduced to counect Perry with the commission of the murder, but that tue man who has been arrested for stealing the coffee had a mottve to conmit the ¢rime and would be identified as the one seen on Furman street, The first witness was oMcer Andre, of tie Jeffer- son Market Pollco Court, New York, who tesiiflod that ou the morning aiter the murder Perry surren- dered hiinself to Justice Dodge there, Jerewiith Young also heard the pistol shot, and” saw a tall, dark-coumplexioned man, wearing a loog coat ava round hat, pass down Furman street to- wards Wali atrect ferry. On the cross-examiuation Young stated that Churchill, of 122 Cherry street, New. York (a triend of the prisoner), Lad given him some money and paid bis board since the last tfial. George Osborne was at Roberts’ stores on the even- ing of the murder until about seven o’ciock, and heard a pistol shot whiuld going through te arch- way to Furman street, He stopped at the mouth of the archway for a minute or sWo, and saw a min coming on a dog-trot trom the direction of the Fui- ton terry; tue wan was tall aud dark-compiexioned, with dark clin whiskers and wore s long coat and round top hat; witnoss waa positive that the mau was not verry. ‘The witness was subjected to a severe cros-ex- amination by Distuict Attorney Morrts in reference to ts mtimacy with Churcnill, from whom he had received money. Johu P. Kobinson, night watchman at Pierrepont stores, heard the pistol shot while in front of the stores, and afterwards returned to the docks and saw ‘the watciinan of Roberts’ stores; he saw no- body else; the feuce was about thirteen feet high, and there was logwood piled against tt, so that it would ve very ditiicult for even @ sober man to gue over, Michael Green never noticed any light in Harbeck’s archway. Ea. Kinney saw Perry intoxicated near Fulton Market at about balf-past five o'viock on the after. noon of Deceinber 2%, the day of the murder; wit~ ness put him on a beat. Mr. Russell yesterday visited Tarbock’s stores, and ran along the dock to Wall street ferry (the route which the prosecution claim Perry puraued after the murdely in eigitt mimes und some seconds, ‘TIE CASE CLOBRD. The defence here resied, aud the court then, a8 half-past three o’ciock, adjourned until nine o'¢iock this morning, When Mr. Spencer Will commence to sum up. SAVE MURDERESS. Another Sonsation of a Horrible Kind in Sullivan Conuty—The Mother-Murderese Removed to an Insane Asylum. Some weeks ago the reading world was shocked at the intelligence, published firat in the columns of the HERALD, that a Mrs, Catharine Tice, of Piiulipa- pert, Sullivan county, vad murdered her infant chita by cutting its throat. After an imprisonment of some weeks it was claimed that the woman was insane when she committed the horrible deed, and the Qounty Judge of Sultivan county ordered the usual examination provided in the Statutes forsuch cases. The physicians appointed to make the examination have certified that the woman is insane, and the County Juage has just ordered that she be Gischarged from imprisonment and be removed to tho State Insane Hospital at Utica. In carrying out this order Sheriff Winner, of Sullivan coumy, arrived at Newburg on Tuesday Tice, en route for Utica, The murderess is a woman of about thirty and ts quite ativactive in appearance. In consequ ‘¢ her debilitated condition from recent il:ness, sie was allowed to remain in Newburg on Tuesday night, and proceeded on her way, in care of the Shortt, on Wednesday morning. She 1s accompa. nied also by the Sheriff's wife. The extraordinary Statement {s made that in theevent of Mrs, ‘Tice's restoration to sanity she ts to be rewurned to tha Bulllvan county jatl co await whatever further prus ceedings Way be brought agalug: her, A f ' & x