ad 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 was insane. Upon hearing Brown's evidence, John W.
Galen, M.D., affirmed at once that McFarland was insane.

"12. Five months ago, McFarland showed his customary pistol, in his
customary way, to his bed-fellow, Charles A. Dana, and told him he was
going to kill Richardson the first time an opportunity offered. Evidence
of insanity.

"13. Five months and two weeks ago McFarland asked John Morgan the
time of day, and turned and walked rapidly away without waiting for an
answer. Almost indubitable evidence of insanity. And--

"14. It is remarkable that exactly one week after this circumstance, the
prisoner, Daniel McFarland, confronted Albert D. Richardson suddenly
and without warning, and shot him dead. This is manifest insanity.
Everything we know of the prisoner goes to show that if he had been sane
at the time, he would have shot his victim from behind.

"15. There is an absolutely overwhelming mass of testimony to show that
an hour before the shooting, McFarland was ANXIOUS AND UNEASY, and that
five minutes after it he was EXCITED. Thus the accumulating conjectures
and evidences of insanity culminate in this sublime and unimpeachable
proof of it. Therefore--

"Your Honor and Gentlemen--We the jury pronounce the said Daniel
McFarland INNOCENT OF MURDER, BUT CALAMITOUSLY INSANE."

The scene that ensued almost defies description. Hats, handkerchiefs and
bonnets were frantically waved above the massed heads in the courtroom,
and three tremendous cheers and a tiger told where the sympathies of the
court and people were. Then a hundred pursed lips were advanced to
kiss the liberated prisoner, and many a hand