Legal Opinion

Macfarland's Trial

New York Court of General Session of the Peace

Decided April 15, 1870Published

Trial for homicide. The prisoner, Daniel Macfarland, was indicted for murder in the first degree, for the felonious shooting, vitli malice aforethought, of Albert D. Richardson, on November 25, 1869, in the office of the New York Tribune, in New York city. He pleaded not guilty, and, after a motion made to transfer the case to the oyer and terminer (7 Abb. Pr. N. S., 348), which was denied, the trial took place in this court on the issue raised on the indictment by the plea.

1Opinion of the Court

*58Before impanneling tile jury, Graham cited People v. Dewick (2 Park. Cr., 230), and suggested that the triers be selected by the counsel, which the court so ordered, it being agreed to by the district-attorney.

Graham further cited on questions of bias which subsequently arose on challenges interposed," People v. Freeman (4 Denio, 9); People v. Mather (4 Wend., 229); Trials Per Pais, passim.

Garvin relied on People v. Cancemi (16 N. Y., 502).

A juror having been challenged for principal cause for the prisoner, and that challenge being withdrawn, the People challenged for principal cause, and…

2Cases cited26 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. Freeman v. PeopleNew York Supreme Court · 1847
  3. The People v. . McCannNew York Court of Appeals · 1857
  4. The People v. . McMahonNew York Court of Appeals · 1857
  5. La Beau v. . the PeopleNew York Court of Appeals · 1866

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