he 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 h