"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.
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