[From the Buffalo Express, Saturday, May 14, 1870.]
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.
