by Mark Twain

[ Buffalo Express, Saturday, May 14, 1870 ]

New YORK, May 10

The Richardson-McFarland jury out one hour and fifty minutes breathless silence brooded over court and auditory--a silence and stillness so absolute, notwithstanding the vast multitude of human beings packed together there, that when some one far away throng under the northeast balcony cleared his throat with smothered little cough it startled everybody uncomfortably, so distinctly did it grate pulseless air imposing moment the bang of door was heard, then the shuffle of approaching feet, and then sort of surging and swaying disorder heads entrance jury-room told them Twelve were coming Presently all was silent again, foreman jury rose and said:

"Your Honor and Gentleman: We, the jury charged duty of determining whether the prisoner bar, Daniel McFarland, guilty of murder, in taking by surprise an unarmed man and shooting him to death, or whether the prisoner is afflicted with sad but irresponsible insanity which at times cheered only by violent entertainment with firearms, do find as follows, namely:

" 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 family

"2 For nine years the prisoner bar adequately support his family Strong circumstantial evidence of insanity

"3 For nine years home, as general thing, poor-house; sometimes (but very rarely) cheery, happy habitation; frequently the den of beery, drivelling, stupefied animal; but never, as far as ascertained, the abiding place of gentleman These be evidences of insanity

"4 He once took his young unmarried sister-in-law museum; while there his hereditary insanity came upon him to such degree that he hiccupped and staggered; and afterward, way home, even made love young girl protecting These are the acts of person not right mind

"5 For good while his sufferings were so great that he had to submit inconvenience of having his wife give public readings family support; and at times, when he handed these shameful earnings barkeeper, his haughty soul was so torn with anguish that hardly stand without leaning against something At such times he known to shed tears into his sustenance till it diluted to utter inefficiency Inattention nature the act of Democrat unafflicted in mind

"6 He never spared expense in making his wife comfortable during her occasional confinements Her father is able to testify always an element of unsoundness prisoner's generosities very suggestive and before this court

"7 Two the prisoner came fearlessly up behind Richardson dark, and shot him leg The prisoner's brave and protracted defiance of an adversity that for years had left him little to depend upon for support but wife who sometimes earned scarcely anything for weeks , is evidence that appeared in front of Richardson and shot him stomach if he insane shooting

"8 Fourteen the prisoner told Archibald Smith that going to kill Richardson insanity

"9 Twelve Marshall P Jones that going to kill Richardson Insanity

"10 Nine lurking about Richardson's home in New Jersey, and said going to kill Richardson Insanity

"11 Seven he showed pistol to Seth Brown and said that that was for Richardson Brown testified that it seemed plain that something matter with McFarland, for he crossed the street diagonally nine times in fifty yards, apparently without any settled reason for , and finally fell gutter and went to sleep He remarked that McFarland acted strange--believed insane Upon hearing Brown's evidence, John W Galen, M D , affirmed at once that McFarland was insane

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

"13 Five months and two 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 remarkable that exactly one week circumstance, the prisoner, Daniel McFarland, confronted Albert D Richardson suddenly and without warning, and shot him dead manifest insanity Everything prisoner goes to show that if he sane , shot his victim from behind

"15 an absolutely overwhelming mass of testimony to show that an hour shooting, McFarland was ANXIOUS AND UNEASY, five minutes after it EXCITED Thus the accumulating conjectures and evidences of insanity culminate 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 courtroom, and three tremendous cheers and tiger told where the sympathies court and people were Then hundred pursed lips were advanced to kiss the liberated prisoner, and many hand thrust out him congratulatory shake--but presto ! with maniac's own quickness and maniac's own fury the lunatic assassin of Richardson fell upon his friends with teeth and nails, boots and office furniture, amazing rapidity he broke heads and limbs, and rent and sundered bodies, till nearly hundred citizens were reduced to mere quivering heaps of fleshy odds and ends and crimson rags, was like nothing world but the exultant frenzy of plunging, tearing, roaring devil of steam machine when it snatches human being and spins him and whirls him till he shreds away to nothingness like "Four o'clock" breath of child

The destruction was awful said that space of eight minutes McFarland killed and crippled some six score persons and tore down large portion City Hall building, carrying away and casting into Broadway six or seven marble columns fifty-four feet long and weighing nearly two tons each But finally captured and sent in chains lunatic asylum for life

(By late telegrams it appears mistake --Editor Express )

But the really curious part whole matter is yet told is, that McFarland's most intimate friends believe very ever occurred to him insanity plea was not mere politic pretense, was verdict came in startling thought burst upon him then, that if twelve good and true men, able to comprehend all the baseness of perjury, proclaimed under oath that lunatic, no gainsaying such evidence he UNQUESTIONABLY WAS INSANE !

Possibly that was really the way of it dreadful that maybe the most awful calamity befall man, namely, loss of reason, was precipitated poor prisoner's head by jury that hanged him instead, and so done him mercy country service

POSTSCRIPT-LATER

May 11-- expect anybody so astounding thing, and yet solemn truth that instead of instantly sending the dangerous lunatic insane asylum (which I naturally supposed do, and so I prematurely said they had) the court has actually SET HIM AT LIBERTY Comment is unnecessary M T