New YORK, May 10.
The Richardson-McFarland jury had been out one hour and fifty minutes.
A breathless silence brooded over court and auditory–a silence and a
stillness so absolute, notwithstanding the vast multitude of human beings
packed together there, that when some one far away among the throng under
the northeast balcony cleared his throat with a smothered little cough it
startled everybody uncomfortably, so distinctly did it grate upon the
pulseless air. At that imposing moment the bang of a door was heard,
then the shuffle of approaching feet, and then a sort of surging and
swaying disorder among the heads at the entrance from the jury-room told
them that the Twelve were coming. Presently all was silent again, and
the foreman of the jury rose and said:
“Your Honor and Gentleman: We, the jury charged with the duty of
determining whether the prisoner at the bar, Daniel McFarland, has been
guilty of murder, in taking by surprise an unarmed man and shooting him
to death, or whether the prisoner is afflicted with a sad but
irresponsible insanity which at times can be cheered only by violent
entertainment with firearms, do find as follows, namely:
That the prisoner, Daniel McFarland, is insane as above described.
Because:
1. His great grandfather’s stepfather was tainted with insanity, and
frequently killed people who were distasteful to him. Hence, insanity is
hereditary in the family.
2. For nine years the prisoner at the bar did not adequately support his
family. Strong circumstantial evidence of insanity.
3. For nine years he made of his home, as a general thing, a poor-house;
sometimes (but very rarely) a cheery, happy habitation; frequently the
den of a beery, drivelling, stupefied animal; but never, as far as
ascertained, the abiding place of a gentleman. These be evidences of
insanity.
4. He once took his young unmarried sister-in-law to the museum; while
there his hereditary insanity came upon him to such a degree that he
hiccupped and staggered; and afterward, on the way home, even made love
to the young girl he was protecting. These are the acts of a person not
in his right mind.
5. For a good while his sufferings were so great that he had to submit
to the inconvenience of having his wife give public readings for the
family support; and at times, when he handed these shameful earnings to
the barkeeper, his haughty soul was so torn with anguish that he could
hardly stand without leaning against something. At such times he has
been known to shed tears into his sustenance till it diluted to utter
inefficiency. Inattention of this nature is not the act of a Democrat
unafflicted in mind.
6. He never spared expense in making his wife comfortable during her
occasional confinements. Her father is able to testify to this. There
was always an element of unsoundness about the prisoner’s generosities
that is very suggestive at this time and before this court.
7. Two years ago the prisoner came fearlessly up behind Richardson in
the dark, and shot him in the leg. The prisoner’s brave and protracted
defiance of an adversity that for years had left him little to depend
upon for support but a wife who sometimes earned scarcely anything for
weeks at a time, is evidence that he would have appeared in front of
Richardson and shot him in the stomach if he had not been insane at the
time of the shooting.
8. Fourteen months ago the prisoner told Archibald Smith that he was
going to kill Richardson. This is insanity.
9. Twelve months ago he told Marshall P. Jones that he was going to kill
Richardson. Insanity.
10. Nine months ago he was lurking about Richardson’s home in New
Jersey, and said he was going to kill Richardson. Insanity.
11. Seven months ago he showed a pistol to Seth Brown and said that that
was for Richardson. He said Brown testified that at that time it seemed
plain that something was the matter with McFarland, for he crossed the
street diagonally nine times in fifty yards, apparently without any
settled reason for doing so, and finally fell in the gutter and went to
sleep. He remarked at the time that McFarland acted strange–believed he