DUKE UNIVERSITY LAW LIBRARY Digitized by the Internet Archive in 2019 with funding from Duke University Libraries https://archive.org/details/walworthparricidOOwalw !■ -L HISTORY OF THE MURDER OF MANSFIELD TRACY WALWORTH, BY HIS SON, F AXK H. WALWORTH, WITH THE TRIAL CONVIC¬ TION. AND SENTENCE OF THE PARRICIDE IE WALWORTH PARRICIDE. ADVERTISEMENT. The following pages tell the melancholy ay of one of the most remarkable events )iir times—the story of a young man, not city years of age, coolly shooting his father, right up in the midst of the refinements nodern society, and surrounded by all the , luntages that tend to advance men in so - 4 ia life, if not in morals also, his fearful rite sadly illustrates how unfortunate circum- ;a|ces may warp the human judgment, blind le moral sense, and lead to the perpetration f feeds that make us stand aghast with hor- HIE WALWORTH PARRICIDE! A FULL ACCOUNT OF THE ASTOUNDING MURDER OF WSFIMJL9 T. WML WOMTM* -4T BY HIS SON, WITH THE TRIAL AND CONVICTION OF THE PARRICIDE, AND HIS SENTENCE FOR LIFE TO THE STATE PENITENTIARY AT SING SING. THE WALWORTH PARRICIDE. i. THE PARRICIDE. xihe morning of Tuesday, the third olune, 1873, the people of New York .3 tartled by the news of one of the st |markable murders ever perpetrated hr city. Though long accustomed to i the papers of almost every morning, s itails of some new and unheard-of mesuch tragedies as that which marked nrning of the third of June have been re rare that it gave rise to a general ;in of amazement, and caused anexpres- n. ' horror to escape from the lips of . 10 :' every resident or sojourner in the . In many years there has not been, in lited States at least, any very remark- 3 '.stance of a murder of a father by his i o daughter. There have been in the y ( New York, within the past seven or htyears, some three or four cases of Hide, a score of uxoricides, several fra- cicJs, and hundreds of homicides, but ie parricide—at least none that has ;ngtermined to be such. Sit 3 the day of the Fisk murder indeed si h excitement has been seen in the jr New York over any single event, e linence of the family, the reputation thj murdered man as an author, and the uutirly horrifying circumstances of a i llling his own father, gave the affair ajearance of sensationalism which was stii d by the facts. It was a true sensa- >n, iot simply washed, and the startling 'cr stances no pen could overdraw. ios who read felt that the people of New irl'were to be edified by another cause ebi in which the facts were more re- etc terrible than any for many years, or mouth to mouth the story passed, and was soon known all over the city. At the - various hotels, in the many lobbies, little else was spoken of, and it engaged t! e deepest attention. In front of the Sturte- vant, inquisitive crowds would occasionally collect and gaze into the empty hallway with that singularly idiotic stare which crowds possess. Of all the crimes that shock the souls of men none has ever been held in greater abhorrence than parricide. To conceive that the offspring should become the slayer of the parent is fearful under any circum¬ stances, but when the offense is committed with intent and knowledge, its enormity is intensified a thousand-fold. Itjwas a crime punished by the ancients with awful rigor and held in the deepest detestation; and, according to mythological record, the cul¬ prits w r ere delivered up to the torments of the Furies. CEdipus slew his father Laius as they chanced to meet in the way, while the son was journeying to Phocis, and the avenging Fates followed him thereafter with misfortune, disgrace, remorse, and cruel tortures to his death. Orestes, too, the son of Agamemnon and Clytemnestra, slew his mother to avenge the death of his father at her hands, and to blot out her adulterous shame, and lie likewise was tormented by the Furies, though afterward purified by the people of Argos. In all ages the offense, considered in pro¬ portion to the aggregates of murders, has been comparatively rare, and in the'majority of these instances the deed has usually been the result of anger, accident or mental aberration. The circumstances of the murder of Mansfield Tracy Walworth by his son, Frank H. Walworth renders this tragedy one of the most remarkable of the present 22 THE WALWORTH PARRICIDE. or any past period of our history. At about 3 o’clock, on Monday afternoon of June 2d, a tall and slim young man, with frank and winning large blue eyes, a smooth face, fair complexion, light whis¬ kers.and refined features, and dressed in a light tweed suit, and a spring overcoat, ap¬ plied to Mr. Barrett, the clerk at the Sturtevant House, for a room. He regis¬ tered Lis name i'r.ii.x j>, uiworLn, au.i was allotted room No. 267 on the second floor. Afterwards he went to the house where his father was boarding, in Fourth avenue, near Fifty-fourth street. His father was not at home, the servant girl' informed him, whereupon lie left with her the following note: 3 o’clock. “ I want to try and settle some family matters. Call at the Sturtevant House after an hour or two. If I am not there I will leave word at the office. F. H. WALWORTH.” TLe servant girl promised to give the note to his father. He then left, and went back to his hotel. Later in the evening he spoke with Mr. Barrett, who had had a previous acquaintance with him, and the two young men took supper together. Dur¬ ing the meal Walworth appeared cheerful and unconstrained. The two gentlemen conversed on ordinary topics, and both ate heartily. Mr. Walworth retired to his room early. At a quarter past six on Tuesday morning a tall, robust gentleman, middle aged, erect and fine looking, entered the Sturtc- 1 vant House and asked that his card, on ■which was the name Mr. M. T. Walworth, might be sent to the room of Mr. Frank II. Walworth. The call boy took up the card, and after knocking twice was answered by Mr. Frank Walworth, who told him to ask the gentleman to wait, as he was not dressed. A few minutes after the call boy had descended with this message the bell of 267 rang. The call boy hastened up stairs, and on knocking at the door was told to enter. He did so, and saw Mr. Frank Walworth fully dressed, with his overcoat on, seated in a chair clos window. “Ask the gentleman to come u room, ” he said. The hall boy departed, and on d< his message, Mr. M. T. Walworth a: the stairs accompanied by the boy, him the way. The boy pars that he had banffi get uo.\:i stairs and iooK ai'ou, when he heard the report of a pis, lowed by another repott, and still : In a few moments Mr. Frank K i came running down stairs, and e ragedy was enacted was occupied by [r.forehead. He was aroused by a shot, ititly followed by a shriek of murder— diek so loud and terrific that it chilled Almost paralyzed him. A second shot id second shriek, not loud but lull of pling agony, rang out and echoed ireigh the corridor. A third shot startled le prrified listeners—for by this time a or ot guests stood at their open doors itl bleached faces and quaking forms, he:there was a heavy thud and silence! Sea the door of No. 267 was opened, ad id lost young man, wearing a light overcoat lpine hat, stepped into the corridor, the door after him, and rushed to¬ rt :he staircase, down which he disap- ar It. The alarmed guests re-entered eiiooms, and dressed hurriedly. Assoou as the young man reached the :rl desk and uttered the words, “I’ve rot md killed my father,” the night ate man, the steward, and the bell boy up stairs, entered the chamber, and utcl||ig one glimpse of the horrible truth, recjitately retired. watchman hastened to Mr. Louis I’s room and aroused him, informing ! at a man was shot in 267, but that he still breathed. Mr. Leland told the man to run forthwith for Drs. Childs and Mulford. On Mr. Leland’s descending he went, accompanied by the watchman, to the fatal room. Mr. Morehead joined them, and pushing open the door, Mr. Leland entered, followed by Mr. Morehead. The two men stood with suppressed breath and whitened lips, gazing first at the awful spectacle at their feet and then at each other with mute horror. The watchman grasped the door with his trembling hand, and fastened his distended eyes upon the hideous sight. There, stretched out upon the floor, with the head against the -washstand, lay the lifeless form of a strong, hale, handsome man, in the prime of life. One hand was thrown over his forehead, the other lay by his side. The following diagram exhibits the scene of the murder: J 267 F a H A. Door to room where the murder took place. B. The washstand. C. The spot where he stood when the fatal shots were fired. D. Place where he fell, with his head resting in a pool of blood. E. Hat rack. F. The bed where the murdered man was placed im¬ mediately after death. G. Stove. H. Window. I. Spot where the son stood when he Bhot his father. J. HaUway. 28 THE WALWORTH PARRICIDE. Blood was on the face, the hands, and hair. The marble top of the washstand was covered with clotted blood, the murdered man having probably leaned upon it while his lifeblood was ebbing away. There was also a quantity of blood which had trickled down the wall. But more singular than this, there was also a quantity of blood on the opposite side of the washstand, about three feet away, where it had apparently spurted, some being congealed on the surface of the marble and a quantity being in a still liquid condition under a glass on the further side of the washstand. The soap dish was half full of blood, as was also the toothbrush dish, which had mingled with the soap into a kind of frothy foam. Where the murdered man lay, there was a large quantity of blood, probably several quarts, which had run through the carpet for a space of about two feet in diameter. A towel also lay on the floor, saturated with blood. Along the car¬ pet over which the dead man was carried to the bed there were spots of blood. A black hat, surrounded with a three-quarter mourn¬ ing band, was picked up and hung on a peg. Dr. Mulford and Dr. Childs examined the body simply to satisfy themselves that the man was dead. They found a pistol shot wound in the right breast, another in the left breast near the heart, another in the left arm, and another under the right ear. One of the doctors who attended on the murdered man said that when he went up stairs to room 267 he found Mr. Walworth was not yet dead. He was lying on the floor with his head on the carpet and gasp¬ ing. His pulse gave one or two. pulsations when the Doctor took his arm in his hand and then stopped completely. Blood was gushing from the wound in his left breast and from his arm. He died in about a quarter of a minute after the Doctor went into his room. He was shortly after placed upon the bed. The Doctor says that when young Walworth was brought into the room he reported the conversation between him self and father as follows:— Walicorth the Son (standing before his father)—You have again written to my mother threatening both her life and my own. Will you solemnly promise nei make such threats again ? Walworth the Father —I do make i promise. Walworth the Son —You have also rep | the insult made to my mother. Do promise to never use insulting langus: my mother again ? Walworth the Father —I do make s a promise. Walworth the Son — (drawing the re 1 and pointing it at his father)—You a made that promise before, and I do n 1 lieve you. You shall never have the ■> tunity of doing so again. And then the firing took place, wit it moment's interval of hesitation. When Coroner Young arrived at the ot the undertaker was sent for. At abc to o'clock the undertakers’ wagon, from ni & Benedict’s, in Carmine street, droi to the door of the hotel. The large i « fin was then taken up stairs and th ■« was speedily placed in it, just as in} The whole thing did not take mortis fifteen minutes, when the box, with it freight, was again placed in the which rapidly drove away. When | undertakers’ establishment it was dill and washed and placed in a preservi Q fin. The face bore an expression ojl suffering; the lips were slightly parte ta the wound in the forehead plainly on the terrible death he had died. III. HIS LAST NIGHT ON EARTH. Mansfield Tracy Walworth, s)?tia last evening on earth with his friends iflw third street, between Lexington an Avenues. He was in the habit ofill* frequently during leisure hours at th°&‘< of ex-Alderman Tuomey, who keeps lifS stable in the locality, ahd from wffl kt would frequently take a horse and to drive. On Tuesday night, aboi hw THE WALWORTH PARRICIDE. 29 smine o’clock, he came on his quiet, sunary visit, and he and Mr. Tuomey l;d around the corner to the door of Dr. rht’s drug store. The ill-fated man isrore gloomy, more reserved and more •/( to pensive thought and dreamy reflec- rj- han usual. ‘Vewere together at the door of the a store,” said Mr. Tuomey, “ and. re- lailid there until nearly ten o’clock. He .[Walworth) spoke as usual about his writ- ig| for he generally showed me the stories hi 1 he had written and called my attention oti; principal striking features of them. I sk i him how many hours he devoted to dag each day, and he replied, ‘About vt.’ ‘Without any recreation?’ ‘Oh, s,he said; ‘I take the remaining hours >r creation, and look after the publica- orof my writings in the meantime. ’ “We hephatted, ” continued Mr. Tuomey, “over he fist concert of the Maennerchor, a Ger- n musical association organized by the ug men of the neighborhood, with whom Ir.pfansfield associated a good deal, fre- leing their clubs and entertainments, ruby whom he was not only well thought f, ut almost revered, for his gentle and fae disposition and his kindness in very ftt writing notices of their concerts and leroarties. To all this he referred only in qet, indifferent manner last evening, le as often five and seven minutes with- it .leaking, and it struck me he was more ooiy and troubled than he ever before ip;recl. He was always amiable in con¬ n's ion and most gentlemanly to all. He as ot an intemperate man, but would eqintly take a quiet drink, sometimes or and often in our company. lie .wjs looked neatly dressed, yet there asjijomething in his countenance wi ich relradowed the man with mystery, and i s, perhaps, on this account that he io||id on certain occasions slight traces of issation, I do not say from drink—it layave been from secret troubles or con- nvl writing or reading. He was about repeet nine inches high and weighed one hundred and ninety pounds, and J id a few of us, a short time ago, that he was between forty-one and forty-two years of age. His deportment was always gentlemanly. He used to walk across here by Fifty-third street almost every evening in a sad, pensive manner. In conversation he was more of an observer and thinker than a conversationalist. He took the last glass of beer with me—it was a glass of root beer — in the drug store. He had been asked to drink several times afterward and before, but he refused. He seemed envel¬ oped in thought for a long while. He had possibly his son’s letter in his pocket, and was deliberating over what was best to be done. He never spoke to me of his family. He mentioned something of his father, at one time, but so brief and indistinctly that we never thought over it. There was al¬ ways something mysterious about him, though he enjoyed and took part in a joke as well as others. We, of course—I mean Drs. Laber and Kirsclit, Mr. Robinson and myself—knew him during the past couple of years, and enjoyed his refined conversa¬ tion and acquaintanceship exceedingly. We attributed his quiet, characteristic, and I might add unfathomable manner to those peculiarities which are generally no¬ ticed in men of talent, consequently we neither knew his feelings, nor did we think there was any occasion to interpret them. He was fond of retirement and loneliness to a great extent. He told me he spent a pleasant afternoon in Jones’ Wood, and that he enjoyed the cool breeze of the groves very much, and that, although he was not exactly fatigued, he felt somewhat dull. He brought in the paper generally to me on which his late story has appeared. In the last chapter you can see he almost predicted his own death, and the last words of it are very singular, and savor of some prescienee of his unhappy fate.” Mr. Robinson, a gentleman resident in the neighborhood of Fifty-third Street and Third avenue, said that Walworth on Mon¬ day evening- chatted very freely with him. He said, “I asked him to drink some root beer, but he would not. He only drank that one glass he took with Tuomy. But I’ll tell you what he did. He recited some 30 THE WALWORTH PARRICIDE. beautiful lines of poetry, I forget them now, and repeated them very feelingly. I know the last words; they were, ‘ Beware, take care.’ He said these words twice be¬ fore lie left us, but we didn’t mind him, at least I didn’t, and then he said ‘good night’ and went out and turned the corner up towards Lexington avenue.” IT. THE NEWS IN SARATOGA AND CHICAGO. The news of the murder was rapidly spread by the telegraph throughout the country, and everywhere created the most profound sensation. Where the persons connected with the tragedy were known, the excitement was painfully intense. In Saratoga the report of the shooting spread like wildfire. A crowd gathered about the telegraph offices, and excited com¬ ments were made on the affair. The news was conveyed to Mrs. Walworth by W. B. French and D. F. Richie, friends of hers. They called together and found her engag¬ ed in her school. They broke the sad intel¬ ligence, which shocked her at first, but she soon recovered and expressed concern for her boy, requesting her informants at once to telegraph to Charles O'Conor and other legal friends to aid in defending him. It was stated that Mrs. Walworth had no intimation whatever of the tragedy further than this:—On Monday she found that Frank, her son, had left home, leaving word that if he was not home to tea he would not be back that night. On going to his room Mrs. AYalworth found a couple of empty envelopes lying on the table, ad¬ dressed to her son in M. T. Walworth’s handwriting, but found no clue as to whither he had gone. It is said, however, that young Walworth told Mr. W. Barbour, his confidential friend, that he was going to Troy. He said nothing about going to New York, and until the news of the shoot¬ ing came to Saratoga, his whereabouts was unknown to his mother or friends there. In Chicago the news of the sad and c i ordinary tragedy created great excite when it became known who w'ere the | tives of the actors in the affair. Mrs. Walworth, widow of the Chanc i and stepmother of the deceased, had < in that city for several months, residi i the Grand Central Hotel, the guest c u sou. She immediately left Chicagii Saratoga, to care for and share the s » ings of her daughter, as only a mother j and was so overwhelmed with grief th; 1 was scarcely able to go. T. IN THE TOMBS. Not since the memorable day succedj! He is in a state of mind that makes is idements utterly irresponsible.” As th tragedy itself, the cause of it, the inti is of deceased to his wife and chil- en,| Judge Garvin declined to say any- ing Mr. O’Conor was also called upon, “You had an interview ” said the reporter, “with Mr. Frank H. Walworth this morning at the Tombs, I presume, Mr. O’Conor. How does lie seem to bear it?” “Bravely and quietly, with a calmness that is certainly remarkable. There is not the slightest indication of fear and scarcely of sorrow.” “ Is not tlia* a strange condition for a young man placed in the circumstances in which he is?” “Not so strange as it might seem at first sight. It is the soldier spirit and blood that are in him. General Hardin was a fine soldier, as brave as Julius Caesar; he was killed in the Mexican war. This boj has much of his grandfather’s spirit in him s and shows that he has in his present very serious position.” YI. TIIE POST MORTEM EXAMINATION. At eleven o’clock on Wednesday morn ing Coroner Young and his Deputy, Dr. E. T. T. Marsh, proceeded to impannel a jury at No. GO Carmine street, and make a post mortem examination in the case of Mr. Mansfield Tracy Walworth. Coroner Young empannellea and swore in the following named gentlemen to act as jurors in the inquest:—John Y. Reynolds, foreman, attorney; Thomas C. Knox, physi¬ cian; John B. Gilman, agent; F. C. Senior, undertaker; Jotham Clark, retired; Ferdi¬ nand A. Eibell, livery. Deputy Coronor Marsh made a post mor¬ tem examination on the body, assisted by Doctors Finnell, O’Hanlon, Ivnox, S. J. Clark and others, which lasted nearly two hours. The following is a report of the autopsy made by Dr. Marsh and those associated with him:— A pistol-shot wound of outside of the left arm, one-quarter of an inch in diameter, was found four inches below the acromion 32 THE WALWORTH PARRICIDE. process; another of right side of face, one quarter of an inch in diameter, close to and on a line with the lower border of the ear, the skin around the wound, for a distance of two inches, being blackened and filled with powder; a similar wound of the left side of the chest, three and a half inches to the left of the median line of the body and six inches above the nipple, on a direct line, the edges of the wound being ragged and ecchymotic; also a pistol-shot wound of the right side of the chest, half an inch in diameter, situated one and a half inches to the right of the median line and two inches below the nipple. The direction of the latter wound was downwards, back¬ wards and to the right; that of the face was on a straight line toward the left a distance of four inches. On opening the body the left side of the chest was found to be filled with fluid and clotted blood. The ball on this side of the chest entered between the second and third ribs, passed through the upper lobe of the left lung, and was found imbedded in the body of the second dorsal vertebrae. The ball which entered the right 'side of the chest struck and fractured the sixth rib, and then glancing it passed to a point four and three-quarter inches from the point of entrance, where it was found imbedded in the muscles of the chest. The ball which entered the right side of the face in its course fractured the lower jaw at its angle, and also the upper jawbone, and lodged in the left side. The ball which entered the arm shattered the upper portion of the humerus and lodged in the biceps muscle. All of the internal organs were examined and found to be healthy. Death was due to shock and internal hemorrhage from pis¬ tol shot wounds received—the internal hemorrhage resulting from the wound of the left side of the chest. All the bullets found in the body were round ones. Had deceased lived it would have been absolutely necessary to amputate the left arm at the shoulder joint. The wound necessarily fatal was that in the left breast. Deceased possibly might have recovered from the wound of the face, as the brain was unin¬ jured by the ball; the bullet in the face not removed, as it would have necessii great disfigurement. There was ; trouble experienced by the physiciai tracing the fatal bullet on the left sir the chest. Til. THE FUNERAL. The body of Mansfield T. Walwort j at the undertakers’ in Carmine Street)] the day of the tragedy until the F.s morning following. On Wednesday n Thursday an officer was stationed in n of the undertakers’ store to keep olH crowds who had previously blocked v tl pathway and obstructed travel. On Friday morning preparations a made for the removal of the remai t Saratoga. The coffin bore an inscriio giving the name of the deceased, wit th date of his birth and death. He was or in 1S30, and at the time of his deatlsri forty-three years of age. His face, tbg somewhat disfigured and decomposers presented many traces of the manly Ira for which in his early days he had*ea celebrated; and an idea could be foied looking at him cold in the coffin, <||f immense muscular power and activil! i bouquet had been placed upon the XU and a beautiful wreath of tuberosesipoi the coffin. Though the deceasedhlj ostensibly died in the profession cjjtlx Catholic religion, none of the re ioil services of his church were held up' tlK occasion, the only ceremony over te l| mains being a short and impressive ] »yer, which was offered by the Kev. JamcLuqj low, of the first Presbyterian elm h New York. At the conclusion of the servidw body was placed.in a handsome lieai! MS removed to the Grand Central dep.j|l left New York by the eight o'clock r»i|| accompanied by Mr. Clarence Jen as, 4 nephew of Mr. Walworth. FRANK H. WALWORTH. I; tfei-jw ♦ i TIIE WALWORTH PARRICIDE. 85 :• Walworth had left New York on r lay evening for Albany by the steamer ; People's line. She left New York t! purpose of attending the funeral, ii remains reached Saratoga by the 3.10 [. rain. When the train came in there : [great crowd at the depot, h large pine box containing the coffin crpse having been conveyed from the ;i> car to the hearse, the funeral cor- . rocccded to the cemetery. rr herc e jout a dozen carriages in line. .. [olrncs, undertaker of Saratoga, had vr of the burial. The bearers were ic W. Ilill, L. Varney, P. II. Cowcn. I French, II. II. Peters, John Foley, u Putnam, and William C. Barrett. h carriage immediately following the rs contained Mrs. E. II. Walworth, the \ Father Walworth, the Ilcv. Mr. k. of Schenectady, and Tracy Wal- ■tl the youngest brother of Frank, a o fieven. tlr carriages contained relatives both of d. eased and of Mrs. E.-II. Walworth. '!; remains were interred in the Wal- t! plot in Grcenridge Cemetery, situ- 11st in the suburbs of Saratoga. The : about twenty feet square, and is ■o idcd by an iron picket fence, firmly ci cd in a granite foundation. It is all on the highest jioint near the cen- o the cemetery, and on a side hill )ii abruptly to the north. It is bcau- II i shaded with large, old pine trees, hcentre of the plot is a massive granite uient, broad, but not high, on the tlind south sides of which is the sim- n ic, “Walworth,” in bold relief. On c t side is the inscription: “ Iteuben I c,ml worth; died 20th of November, 3, ged 79.” On the west front is this ri ion, “Maria II. Averill, wife of R. V worth; died 2Cth of April, 1847, b.” V Cl, rs'' til* 10 an ; s quiet spot, sacred to the memory icelor Walworth, and for so many c last resting place of the remains first wife of that able jurist, the of “Warwick” and “Beverly” and i domestic misery was buried. The services at the grave were short and simple. They were conducted by the Rev. Dr. Camp, of the Episcopal Church, and he was silentlv attended by the Rev. Mr. New¬ man, of the Presbyterian Church, both of Saratoga. During the religious service the plot was occupied by the relatives both of the dead and of the living. The widow, holding her youngest son by the hand, leaned upon the arm of the Rev. Father Walworth, brother of the deceased, and her mother, the venerable widow of the late Chancellor, was attended by O. L. Barbour, Esq., of Saratoga. Mrs. G. M. Davison, of Saratoga, a sister of the deceased, leaning upon the arm of her husband, stood in the midst of her fine family of children. There were also members’ of the family of O. L. Bar¬ bour, and a few other relatives of deceased present. The tone of the funeral was distant, but not cold. Other than a respectful bearing and a mournful silence, there were no mani¬ festations of grief. The only thing which relieved the sombre solemnity of the occa¬ sion was a wreath of white flowers, slightly intermixed with green leaves, which rested upon the coffin box. and which was de¬ posited in the grave with the corpse. So ended the closing scene in the life of Mansfield Tracy Walworth, returning a corpse, murdered by the hand of his own son, to the spot where his childhood and youth were passed, and where his father long lived, known and respected by all. Till. THE CORONER’S INQUEST. TnE inquest concerning the death of Mansfield Tracy Walworth, was held on Friday, June Cth, in the Thirtieth street 1 Police Station. Half past ten was the time fixed, but the inquest was not begun until twelve o’clock. Coroner Young, Deputy Coroner Marsh, District Attorney Phelps 36 TIIE WALWORTH PARRICIDE. and the jury were punctual, but the prisoner was absent. Two officers bad been dispatched to bring him up, but there was no appearance of them either. Eleven o'clock came and half-past eleven, anu still there was no appearance of young Wal¬ worth, and the crowd of people who were awaiting his arrival were scattered through the station house and on the street, eagerly looking for him. The delay seemed so strange and unaccountable that many per¬ sons thought something serious had oc¬ curred, and, to allay their anxiety, Coroner Young telegraphed to the Sixth precinct station house to ascertain the cause of the delay. An answer soon came, saying that the prisoner had left the Tombs in charge of two sergeants, and was on his way up. Precisely at twelve o’clock there was a rush made towards the room where the inquest was to be ncld, and it was announced that young Walworth was com¬ ing. In a minute after a coach drove up, and from it there then ted the prisoner, in charge of Sergeant. lllins and Keating, Mr. Charles O’Conor and ex-District At¬ torney Garvin. Every eye was fixed upon the youth as he approached, but he appear¬ ed cool and unconcerned. lie walked into the station house with a careless, jaunty walk, and took a seat at the table beside the coroner. He is only nineteen years of age, but looks somewhat older. The jurors answered to their names as follows: John B. Gilman, agent; Thos. C. Knox, physician; John B. Reynolds, at¬ torney; Frank C. Senior, undertaker; Jo- tham Clark, retired; and Ferdinand A. Eibell, livery stable keeper. The Coroner reminded them of their oath in a few words, and then at once proceeded with the in¬ vestigation. It was seldom that such an array of talent could be seen at a Coroner’s inquest as gathered together at this one. Dist. Att. o o Phelps represented the State alone; but for the prisoner there appeared Charles O’Conor, who occupied a seat beside his unhappy client, Mr. Garvin and Mr. Miles A. Beach. The morning was beautiful and bright before the inquest opened, but the into the dark tragedy had not proccc when the sky suddenly became o I and vivid flashes of lightning peil into the room, accompanied by ; thunder-claps. The rain poured (’ | torrents, and the room became so d: | gas had finally to be lighted. It’i by many that there was something t tious in the angry elements, and tl 1 certainly in consonance with the! tale of parricide which was givci o jury by the witnesses. All through the investigation the i remained sitting in the same position times drumming upon the table 'li fingers, and occasionally whispering O’Conor, who was eagerly watcld case as it proceeded. He paid a attention to whatever Mr. O’Con { and eagerly complied with his gl wish. While one of the witnesses, M 1 head, was detailing to the jurywh.il heard on the morning of the niuetj by direction of Coroner 1 oung, i iB in a rather dramatic manner, by ap| his hands, the intervals which tc.j between the shots, the prisoner s ne be slightly agitated, but the feeigi only momentary and soon passed an One of the witnesses, Mr. Ban cashier of the Sturtevant house, hi appeared to testify, shook the pr'BB the hand, and seemed very much ec« There was very little interfere*! counsel on either si tie, but Mr. TO once or twice took exception to t' rep of Dr. Marsh as they were read, to have alterations made. It was expected that the inqu< w occupy only a couple of hours, B not conclude until nearly five o’clk..J After the witnesses had been cxriaef jury retired. They did not remaiouti ten minutes. When they had ret an taken their seats the Coroner asd I the usual questions. The prisoncgl*^ carelessly at them and seemed pe:cJM concerned as to what their decist 4 THE WALWORTH PARRICIDE. 37 coreman of the jury, Mr. Reynolds, ,1 fitly tremulous voice, read the fol- l'verdict:— ft find that Mansfield T. Walworth his death from a shock and inter- eorrhage, the result of a pistol shot ic of the chest, said pistol having ■ scharged at the hands of Frank II. wth, at the Sturtevant House, New , n Tuesday morning, June 3, 1873.” eoronerthen, amid breathless silence, ef.'d the prisoner. lie said to him : fl first four questions I have to ask Eli matters of form; the fifth one 1 d,c you you are at liberty to answer t(> you please.” lllorth looked calmly at the Coroner uded his head. ner —What is your name? is'.er —(in a firm, sweet, clear voice) kk. Walworth. c was a flutter of excitement in the ; he was speaking, and every one 1 pressed forward to hear what lie J ly. rirr —What is your age? is er —Nineteen. fezr —Where were you born and e o you reside? is cr —I was born i:i Saratoga and cdthcrc. rar —What is your occupation? is\er —I have none at present. %’>■—The question I how ask you a,answer or not as you please. What >imow of this case? e irisoncr consulted a moment with )';>nor and then said in a calm voice: i guilty of no crime. I wish to statement.” Ion pulled a paper from his pocket e; his statement in a firm tone, paus- '■> low the reporters and Dr. Marsh tc write it down. His coolness was o inary. The following is the state- || father treated my mother very h or years, incensed against his own r r putting his little share of the ■r in trust, so that my mother and u: y got something out of it. My father kept writing letters to my mother full of imprecations against his father. He wrote to her, among other things:—‘I will kill your boys and defeat the damned scoundrel in his grave and cut ofFliis damned name forever.’ He also threatened my mother's life, and.spoke of shots being sud¬ denly heard, from his resentment. About three years ago he beat my mother cruelly. I was not present, but I saw the marks. When I heard this I loaded a pistol belong¬ ing to a cousin of mine, and have carried it. I supposed my rather was armed, at least when he intended to see us. My uncle, Clarence Walworth, lias been as a father to me. He recently proposed to take me to Europe with him. I was troubled about leaving my mother without a protector. On Sunday last I wrote thus to my uncle, and that I must go and see my father, and whether I would go to Europe or not would depend upon that interview. In fact, I wanted to get reliable assurances that he would not molest my mother during my absence. I had no intention of hiding him. When he came- into my room I asked him to sit down; lie did so. I spoke to him of his conduct and said, ‘Promise me that you will neither threaten my mother nor insult her or any of the family any further.’ He answered me, ‘I promise,’ but with a look -which to my mind implied contempt, and the reverse of an intent to kccji the promise. lie had just before put his hand up to his breast, as if to pull but a pistol. 1 am unconscious of having fired more than three times. He closed on me rapidly. Ilis grasp was upon me wh fi n T fired the last time. I do not think he said anything during the whole interview except what I have stated." When the prisoner had concluded the reading of this extraordinary statement he folded the paper up and put it in his pocket again. The reading produced a most pain¬ ful impression in the crowded room, and there was quite a revulsion of feeling against the prisoner, who so coolly spoke of taking away a father’s life in what seem¬ ed to be, from his own statement, such, slender provocation. 88 THE WALWORTH PARRICIDE. When lie had finished reading the Coro¬ ner said: “Frank II. Walworth, I will commit you to the Tombs to await the action of the Grand Jury.” Mr. O'Conor then said, “I suppose we arc done to-day, Mr. Coroner,’’and then the crowd filed out into the street. The prison¬ er. in cv’.r.'vt”;: v Hi 1 is counsel, walked to the door, escorted by a policeman, and took a scat in the carriage, and was rapidly driven to the Tombs. IX. THE INDICTMENT. On Monday morning, June Cth, the Grand Jury of the Oyer and Terminer filed into their seats in their room in the County Court Ilouse at half-past ten o’clock. Shortly after meeting and while transacting some minor business the District Attorney sent in¬ to the jury room the papers relative to the . Walworth case. The Grand Jury immedi¬ ately gavo the case its exclusive attention and the witnesses were called. The exami¬ nation did not take more than two hours in all, after which the sentiment of the Grand Jury was taken, and it was found that the jurymen were unanimously in favor of an indictment for murder in the first ■ degree. The bill was then ordered to be made out. The following arc the names of the mem¬ bers of the Grand Jury which ordered this bill: Charles Patrick (foreman), Sam. W. Millbank, Edgar Wiight, Francis Endicott, Samuel Sproulls. William L. Vandervorst, Sylvester W. Comstock, William Clarkson, James T. Tailor, James A. Hearn. William J. Blair, Courtlant Schuyler, Frederick Ward, Theodore Martin, Edmund D. Sax¬ ton, Jesse Oakley, George Ilurst, Jonathan L. Hyde, William S. Corwin, Henry M. Lahcr, Elisha Brooks, Edward S. Snclling. On Wednesday morning, June 11th, Judge Ingraham opened the court of Oyer and Terminer, acting as presiding judge in the temporary absence of Judge holding the current term of the The court room was crowded ia ar. tion of the arraingment of WaUvort great anxiety was manifested to si prisoner. By direction of the D Attorney, Walworth was early cor from the Tombs in a close carriage ar some time previous to the opening Court was detained in Sheriii’ ike private office. When brought into he took the seat to which he was me by the Sheriffs deputy with an air greatest unconcern. He conversed i and with ease with his counsel, cxi Garvin and W. A. Beach, and wit; oth.er who chose to address him. Hij ed to listen anxiously to the song court crier as lie formally opened t’j cccdings, and next directed his gaze .1 ly at the District Attorney as he mol the cause. The District Attorney arose, and la at the indictment, said he desired hi the prisoner plead. Cleric —Prisoner, stand up. You f dieted for murder in the first dc;« having caused the death of MansfickJ Walworth. Do you demand atria 1 you guilty or not guilty? Prisoner —Yes, sir (meaning he dcinJ a trial). After soire remarks by counsel, 4| Walworth, wearing the same air o n turbabilitv, was ushered from the mt| reconveyed to the Tombs, followi q curious crowd. X. TIIE TUIAL. The trial of Frank II. Walwor f ® menced on Tuesday morning, J 0 a 1873. The Court of Oyer and r iT“* 1 was filled with citizens, from wliqfl to be sifted twelve men to try tlic P”**! Among the friends of the prisor' , l the Rev. Dr. Backus, of Seheneetif,* in-law or Chaneelor Walworth ; < tB l THE WALWORTII PAR III' ILL. 1;, brother of Mrs. M. T. Walworth; fa. James Lorimer Graham. Young wrth was escorted in by Sheriff Brcn- rd Deputy Shields. His bearing was < d haughty as ever. irJO’Conor entered with solemn and c kc tread. He was accompanied by ill.lender lady, draped in deep mourn- iieside her walked a pretty boy, with !i hazel eyes, and a fair, intelligent The lady was the prisoner’s mother, n Barbour and Father Clarence Wal- rl were present during part of the hemtire day was consumed in securing ir The following gentleman were •ctjl: - . Jiseph II. Horton, 25 John street, •lp. . ^cob A. Chamberlain, 519 West irtihird street, provisions. . mes Wm. Tucker, 220 West Twenty- t hbreet, machinist. . ,1m P. Bell, 210 East 113th street, :b(; , irnard Campbell, 203 East Forty- flu reet, retail butcher. •hn Henry Lewis, 073 Greenwich ct; gilder. jijahll. Purdy, 43 West Thirteenth otsash maker. . im. II. Dougherty, 02 James street, lid/. '. in. C. Smith, 01 Peny street, id!. O.lTni. Ilart, 2C4 Monroe street, mar- 1. diaries E. Millbank, 13 East Twcuty- .thtreet, brewer. S. lcorge W. Wright, 10 University ec p-ocer. rtt ■ consultation with the District or y and counsel for the defence, lg' Davis said that the jury would be nv l to go home for the night to make nn iments for the future. The Court ie( on their integrity that they would ; cow themselves to be influenced by I'tljig said outside, and if any one ail approach them with a view to in¬ ti' their action in this ease, they must 39 report the person to the Court for punish¬ ment. He hoped that the press would refrain from comments during the trial. Court opened at ten o’clock on Wednes¬ day morning. There was an unusual rush for seats at the opening of the Court, but, with the special instructions which had. been given, perfect order and quiet was. observed during the proceedings. The. prisoner was brought in, in custody of the Sheriffs deputies, at half-past ten, at which time his counsel and the prosecuting officers . were already in their places. Walworth was exceedingly self-collected, but had ga anxious appearance. Ills mother, deeply veiled and clad in mourning, sat beside him during the day. His grandmother and several other ladies, also in mourning, were present and seemed deeply interested * in the proceedings. Sir. Rollins, Assistant District Attorney, presented the case for the prosecutioa, addressing the jury at considerable length, and minutely detailing all the circumstances of the shooting. He alluded to parricide as a “crime so revolting to nature that many nations had considered it impossible. The Persians had no penalty for parricide, for they did not believe that a Persian. would commit such a crime. Among the Chinese the whole family of a parricide was exterminated, and his very dwelling, place razed to the ground.” Mrs. Eliza Simms was the first witness called, and testified as follows:—I live on Fourth avenue, between Fifty-fourth and Fifty-fifth streets; Tracy Mansfield Walworth roomed with me two years; I saw the prisoner on the second of June, about three r. m., about the time the chil¬ dren got home; he asked me if Mr. Wal¬ worth was in; I went and looked and he was not in, and I so told him; he said, “Tell Mr. Walworth to come to the Stur- tevant House, his son wants to see him;” 1 asked him if he was his son; he said,, “Yes;” I told him 1*2 had better write &M note and I would give it to him; he wrote a note and I put it on Mr. Walworth’s table; I never saw Mr. Walworth after I put the note on his table: the prisoner had on e 40 TIIE WALWORTII rARRICIDE. ^ght overcoat anil was cool and polite. There was no cross-examination. Hooper C. Barrett , clerk of the Sturtevant House, testifiedI had known the prisoner at Saratoga; I saw him on the second of June; I sent him up to No. 267; I talked With him about Saratoga affairs; no allusion was made to his father or his purpose in coming; about an hour later he came down and went out; when he came in he asked me to take dinner with him; I told him I .would take supper with him; I saw him again about seven r. m. ; I was at the Counter; we took supper together at eight O’clock; his manner was his usual manner as I had known it at Saratoga; I next saw fcim at half-past six next morning; he came jjo the cashier's desk and said, “I have «hot father;” I said, “You don’t mean to say that;" lie said, “Yes, I shot him four times, get a policeman;” I sent a boy out to get a policeman; he didn't find one, and I telegraphed for one to the district tele¬ graph office; I had seen Mansfield YJal- wortli that.morning; he spoke to the night clerk and asked for Mr. Walworth’s (prisoner's) room; the night clerk asked ine and I told him the number of the room; jhc went up with a boy; I did not notice the bell of 207 being rung; I did not no¬ tice the bell of 263 rung violently; the prisoner came down not more than two or three minutes later; No. 208 was Mr. Ebert's yi jroom; the prisoner's manner was cool; lie .dictated a telegram to C. A. Walworth, Albany, stating, “ I have shot father, look put for mother;” he spoke to me as a friend ; jEhat was the first intimation id the killing Jihad. .Cross-examined — To Mr. O'Conor — I was jralf-an-hour with him at supper; I did not sec him take dinner; he asked me to take dinner with him when he first came in; I Remember the ringing of the bell for room No. 208 and his coming down were very % pear together, but I can't say how near; he f lianded me §7.10; he took it out of his jpockct and handed it to me; I don't remem- per' in what bills they were; he said, f l There’s money I think that will pay my fcillt yoiqtakc charge of it;” 1 don’t know 1 It or 4 14 wit V ' I di lie >t that he had any other money; I have w him about two years; I made his ai aii tance when visiting Saratoga; I jm . ), reached the hotel about half past m because there is a train coming in xr half an hour before that time, and i iki about half an hour to reach the ]>'l? sent the telegram through the telegriii the hotel; I don’t know what they d tho messages; it was addressed to Walworth, Chapel Street, Albany. William II. Amos (colored) test! Si¬ am bellman at the Sturtevant House on duty from a quarter of five in the ing to midnight; about six o'clock third of June a gentleman came hotel; he spoke to the clerk, who me and gave me a card ; I carried it room No. 207 and rapped twice i door; I said, “I have a card v; Walworth’s name on it;” just as the door opened and I saw Mr. Wall face and hand; he said, “I am notil “I'm not dressed;” I went down" at them thelgentlemen would be dow:| few minutes; I waited some time; tl| of No. 207 rang; then I went up knocked; Sir. Walworth said, “Cot I went in; he was sitting by the v and said, “Show the gentleman went down and showed Sir. Walwoi] the prisoner was still sitting by thaw I didn't see the prisoner rise; I sal Walworth step to the corner of tl stead and I turned and went out; Is] prisoner again in not less than five than ten minutes after; he was down stairs, not very fast but live went up to Sir. Barrett; I did n what was said by him; Sir. Earrctt| me to go for an officer; I went up an the street a little way, but couldr any, so I came back; as I turned to some one said, “Quick as lightni don't know who said it; Sir. Carre W the prisoner were tire only ones psent when I got back a messenger hi n** there. To Sir. O'Conor — » was engag till Saturday evening previous, and vjt « duty Monday, June second; I notid W ^ miim ♦ 9 THE WALWORTH PARRICIDE. 43 inner on Monday; he looked as if he ic been travelling, and his boots were uv; lie shook hands with Mr. Barrett; cn't remember particularly the time lii I carried up the card the next morn- » I can’t sav whether the prisoner was reed or not; I only saw his face and us; Mr. Walworth said nothing to me, mt.yhen he went in he turned round and w me a look, as if he wanted me to leave eoom; it was a kind of frown; he did otook as cross as you (Mr. O’Conor) do aov(laughter); he looked as if lie wanted no') leave the room: I suppose he shut ie:.oor. o iah llorehead testified—On the morn- ng f June second I occupied room 2GG at ic turtevant House. C Did you at any time on that morning leathe noise of a pistol shot? A. I did. C What time was it? A. Very near lialbast six. ( What happened—what did you hear nice? A. I saw nothing; I heard a knock it door; then I heard, “Here is,’’ or ‘lore is a card for you, sir;” then some htt time after I heard a door either open or;nt, and a very short time subsequently third a shot; then another after about thc'engtli of time a man would take to coc, aim, and fire a pistol; after the ecul shot I heard a cry of murder in a r ied voice; almost immediately I heard i tlred shot and a second cry of murder; lie in quick succession a fourth shot; the;I heard some person running, as I took it, rough the entry; I did not leave my becpntil after I heard the fourth shot; JicI jumped out and dressed, and got out to lie hall; I saw the housekeeper and Mr. Docttle, the steward, I think, in the hall; l wh them made search to ascertain the car of the firing; we looked in the bath- mo and one or two rooms, then I opened the oom next to mine and looked in; I saw the ody of a person lying partially upon thedoor; this was from ten to fifteen mil tes from the time I had left my room : I vs not able to distinguish where the bIk proceeded from; I thought it was up sta i; I looked into the room, then I L backed out, and said. “My God! here he is!” I said, “For God’s sake send for Dr. Child’s;” the body was lying upon the left side, the head a little elevated against the washstand. Q. After hearing the door open ana shut did you hear anything? A. Not a word; heard no noise or altercation and no move¬ ment; had heard people speaking in the adjacent room on previous occasions, but on that morning heard nothing at all. Cha'rles M. Dooli’.tle testified—I rose at six a. m., and called some girls at twenty minutes past six a. m. ; about five minutes after that I heard a shot; I was then on the landing of the floor on which No. 207 is; was on the main staircase; I think I heard more than one shot, but I didn’t count them; all were fired within a minute, as quick as a man could cock a firearm and point it; when the shots were fired I heard a human voice; whether it was a cry of murder or a groan of pain I could not say; when I was opening the doors I heard the annunciator ringing; there was a very brief interval; I think Mr. Barrett was the first man who told me of the killing—in the presence ®f the prisoner; I then went di¬ rectly to No. 237; I did not go in: T saw the body; I went for a doc'or. Dr. llussell Cuilds testified—I am a physi¬ cian; 1 live at the Sturtcvant House; on the third of June I was summoned to room 2G7, it must have been near seven; nearer than half-past six; I found a body lying on the left side with its head ag linst the wash- stand ; I felt the pulse; it was barely per¬ ceptible ; the respiration was very feeble; the wash-basin had had water in it; blood had spurted into the water already there; under the bed was quite a pool of blood; in a very brief space of time pulse and respiration ceased ; as he was evidently at the point of death I did not move him; from the wound in the temple there was a slight oozing; afterwards I examined the body, but not very thoroughly, as I knew there was to be a Coronor’s jury; several assisted me in placing the body on the bed ; a portion of the clothing was removed, and a slight examination of his pockets made; 44 THE WALWORTH PARRICIDE. we found a card; I had been long acquainted with Chancellor Walworth, and my interest in the family induced me to go and see the grandson; he gave me a telegraphic dis¬ patch to his grandmother in Chicago; I showed it to the sergeant; I believe he handed it back to me; I took it to Mr. Bar¬ rett at the hotel. Stephen Keating, sergeant of the Twenty- ninth Precinct, testified—I saw the prisoner at a qnartcr to seven a. m. ; he said he had shot his father, and wished to give himself up; ho drew a pistol from his pocket and said, “This is the pistol I shot him with;” it had one undischarged cartridge; I asked him if his father was dead; he said he must be, the last time be shot him he was very near him; I asked him why lie did it; he said he had r.' t lived with his mother for a long time, and had threatened to kill his mother and her children; 1 asked him when lie last saw his father; he said not since last fall; 1 asked him whether he had any disturbance with his father that morning; he said no; lie showed me Ins left hand; the back of it was scratched or raised, and he said it was burnt witli tlie powder; we took away from him a pocket knife; he said, “Do you think I would . commit suicide? You are mistaken.” Sergeant Washington Mullen testified—I went to the Sturtevant bouse with Dr. Mul- ford and searched the pockets of the de¬ ceased ; I found a note and some keys; I was present at the Coronor's examination; he stated as follows: Mr. O'Conor here interrupted, claiming that to admit in evidence the examination before the Coroner, in view of the fact that the statement was made while the prisoner was in custody, and without the usual and proper warning, and merely preserved orally, was a most dangerous innovation. The Court held that at present it appear¬ ed only as a voluntary statement. Mr. Beach examined the witness, who stated: This was in the ■ station house. I intro¬ duced the Coroner as the Coroner. He had no writing materials that I know of. When he said lie had been studying law the Coro¬ ner said, “ Well then I suppose you what is right.” That is all I remem a preliminary nature. Mr. O’Conor said that this was es the law refusi the exception which hear. The Court held that the mere intra tion of the Coroner as the Coroner conversation no official character, ana mitted the evidence. (Exception.) Witness resumed: The Coroner asked him why lie cai New York; he answered, “To do til the Coroner said, “To kill your fat he answered, “Well to settle this fi difficulty.” Coroner Nelson ■ IF. Tovng was eallecnd' testified to the holding of the inques id the statement there made by the priser. (page 37.) The result of the postmortem exana- tion was then given in evidence, (pagd), after which the prosecution rested. Mr. Beach at 3:30 p. m. opened thusa for the prisoner, and occupied an hound a half in his address to the Jury. Ding the entire day the prisoner had rcmi.ed calm and collected, but as Mr. Beach rc- ceeded in a pathetic manner to dcseriirllfc wrongs Mansfield T. Walworth, who hi pronounced a demoniac fiend, had inffied upon his wife and childern, the prison feelings gave way, and dropping his tub in his hands he seemed deeply affected. Ail the conclusion of Mr. Beach's addreschfli court adjourned, the jury being allow to separate. The Court opened on Thursday antris soon filled to a jam with spectators. r er. was (j he a number of ladies print Many of them were old stagers in the ur- der trial line of spectators, two of cm having attended, it is said, every m deft case held in this city during the paslB years. Immediately behind the cotsd there were several lady friends of the *1- worth family, some of whom had beerub- poenacd to attend, and others of them ar- ing come merely to give testimony by a presence to their friendship for the prim and Ills mother. eir iia THE WALWORTH TARRICIDE. .-iguatuo Ebert was the first witness ex¬ it led for the defence, and testified that a he morning of June 3 lie had occupied xi 2G8 in the Sturtevant House, which mediately adjoined that in which young y : worth was; lie heard someloitd talking, mvas not fully awake until after the- first ac; he could not distinguish any of the els made use of, and heard no cry of ruder; on hearing the shot he had jumped itif bed and pulled the bell violently. 1 the District Attorney—I was very ada excited at the time; the only words c.ld distinguish were “hope,” “mother,” • 1 r, ” but could not make out any con¬ ceal sentence. tarence T. Jenkins testified that he was nbhew of the deceased; lived in Albany; to charge of the effects of M. T. Wal- coni. lv. Jonathan T. Backus, brother-in-law (ceased; Mrs. Ann Eliza Backus, sister if cceased; John M. Davidson, brother-in wif deceased ; Chief Justice John M. Bai'- v. Joseph TIT Hill, a lawyer of Saratoga a lose office the prisoner was studying ..ti John B. Putnam, a lawyer of Saratoga; IF* C. Barrett ; a Justice of 1 lie Peace at iar/oga; Anson M. Boyce, of Saratoga; lit Ton Eelleau, principal of the boys’ loaling school which the prisoner had at¬ rial up to May last, all testified to the rimer’s good character. Most of these itisses testified that he had no vices, vh:: some seemed to regard him as immac- da\ None of the witnesses were cross- rained. The District Attorney simply sk ’ the pertinent question of each, “ Do lu now that lie was in the habit of carry- ig pistol during the past three years?’’ o is every one replied in the negative. Ctrcnce A. 1 Talicorth, a Catholic clergy- ;ai testified—I am the eldest son of Chan- ell Walworth ; reside at Albany; that is lie iriginal M ill of my father (document ho i him); the executors are Dr. Backus •nd iyself; Mansfield T. Walworth and I vepthe only tMO sons of the Chancellor; iis mghters were Mrs. Jenkins, Mrs. Da- dds i and Mrs. Backus; I have known *Ta: Walworth from his infancy; his character is as near perfect as may be; dur¬ ing this spring I entertained the project of travelling abroad, with the view of remain¬ ing some time; spoke to Frank’s mother about his going with me, and alluded to it the week previous to June 2; received,a letter from Frank on this subject, enclosing another letter; received them in the after¬ noon of June 2; Frank's letter is dated “Sunday, 1873the letter enclosed is in the handM-ritingof Mansfield, the deceased; before 1 received the letters I got a telegram from Frank’s mother saying that Frank had gone from Saratoga, she feared, to meet his father; on Tuesday, June 3, I received a telegram from New York saying that Frank had shot his father three times. To Mr. Phelps—I did not know that Frank nas in the habit of carrying a pistol. Thomas E. Dennis, telegraph operator, identified the follon'ing telegram sent by Mr. Barrett at the instance of the prisoner. New York, June 3, 1873. C. A. Walworth, Chapel street, Albany:— Have shot father three times. Look after mother. Frank Walm-orth. Blooper C. Barrett recalled, stated that that was the telegram lie wrote at the direc¬ tion and in the presence of the accused. Mrs. Ellen Hardin Walworth M'as the next witness, and being sn-orn said:—I am the mother of Frank II. Walworth; M'as mar¬ ried to M. T. Waln-orth in St. Peter's church, Saratoga Springs, in 1852, on July 29, and resided at the Chancellor’s house, M'hich my mother now on-ns; lived there until the summer of 1861; the Chancellor’s family and my two brothers resided in the house at the same time. The M’itness then gave the names of her children, with the dates of their birth, as folloM's: Frank II., born, August 17, 1853. John Jay, born October 19, 1855. Bessie, born November 2, 1856. Nellie, born November 3, 1858. Clarence, born October 20, 1859. Mansfield Tracy, born June 19, 1861. Rubina, born February 19, 1867. Sarah, born June 7, 1871. 4C> THE WALWORTH PARRICIDE. Of these children John Jay, Bessie and Samh died, the latter in 1872. In the summer of 18G1 I went to Ken¬ tucky, near Louisville, my brother Lemuel going with me, and all of my children; lived there until 18G7; my husband did not go there with me; lived in Kentucky three years without seeing him; he did not re¬ main in Saratoga when I went to Kentucky; he promised to meet me there; where he went I do not know ; during the first winter lie was in Washington, and afterwards in Saratoga; I had a country place three miles from Louisville, by means of which I sup¬ ported my family; the Chancellor visited me there, and three years after I first went there my husband came to see me, and re¬ mained for about six weeks; I next saw him in Saratoga the following summer, and stayed there about a week; in the Decem¬ ber following I saw him in New York, at a boarding house in Madison avenue; I came to New York to find employment, but not succeeding, went to Washington'and secur¬ ed an appointment under the government; I then gathered my children around me and put Frank at college in Georgetown; was eighteen months a government clerk, during which time my husband was with his brother, Clarence, at Albany; when I was discharged, owing to a change of politics, I went to Saratoga, to the family mansion, and opened a boarding house, and remained there until October, 18G9, during a portion of which time my husband was with me, Frank being then in Louisville; at the ur¬ gent request of Mansfield T. Walworth I came to New York, to a house in Twenty- third street, belonging to a Mrs. Montross, all of my children being with me; the very day of my arrival I was taken ill, and con¬ tinued so until taken to my brother's house in Buffalo; my husband did not go with me to Buffalo; soon after went to Kentucky, and the following summer M. T. Walworth followed and remained three weeks, after which he went to Saratoga; I spent the summer of 18GG in Saratoga; deceased was there for three months, and the whole fam¬ ily was together; then went back to Ken¬ tucky ; deceased came there in 18G7 and remained there until his father’s d( h arrived at the Chancellor’s just afil death, with my infant child, Rubin ; ] soon returned to Kentucky and bronJ my children except Frank back to ifl ga: Frank stayed with iiis uncle L n deceased was living with his brothc !| once, and we discussed the question future residence but came to no 1 standing about it; in November, 1)■ went to my mother's house in Fifty- a street, New York, Mr. Walworth a with me, and we remained there un | final separation on the 26th ox Jsai 1871 I then went with all my chili 9 Judge Barbour, and since then he i seen deceased; legal proceedings foi li ited divorce were commenced in thc.M or Court on January 57, 1371, and I 8th of April, 1871, a decree of sepfi was pronounced; on the 31st of July to ing the decree was modified to all 1 Walworth to see his children once a : nt after I left Judge Barbour I went >i brother, General Ilardin, at the Bin [louse; then went to my brother- la Clarence, at Albany; remained thereto weeks, and went to Dr. Backus, tak;r children with me; from there I wcnlij old homestead at Saratoga; have re k there ever since with my childrei X Walworth addressed me very frcquelyl letter after our separation; after II bi my youngest child was born ; being < icj from its birth, died January, 18'; X Walworth never came near the ho :H never saw his youngest child; I >1 * always receive his letters; for the £tt| or three months I did, but after tha t w only occasionally that I rcccivedhti some of his letters never reached mejtlie; was no male person in my house wh:oal protect me except my son; Clarcn Wj worth spoke to me on the Thursday*®! the occurrence about taking Fran'"* him to Europe; I told Frank of tlj evening; he seemed gratified, but fid] should think about it; on Friday 1 M! fishing with his younger brother tn)anl gaLake; returned about six o’clo. aril evening and ritired early ; on Sat •3*1) 47 THE WALWORTH PARRICIDE. s rranging liis clotnes, books and otuei i s and wont swinging in the grove; on my lie slept until late; some young els of his called in the afternoon, and ewent to walk in the woods; he wrote Icier on that day and asked me for some tpaper, which I gave him; on Monday ning I came down early, and seeing rakin the hall, said, “You arc up t-];” he made some casual reply and went tie. front door; I thought he had gone t; Springs and at breakfast table asked ;Hie did not return; some one said that . .a gone away and left a message that if ; is not back to supper he would not be >c that day; I then went to his room, and i ioking around found an empty envel- iea the hand writingof M. T. Walworth; irmediately telegraphed to Father Wal- on and to Judge Barbour; but could as- rin nothing about him, and thenbeliev- 1 j had gone to Troy. r e envelope she found was produced. \ s postmarked, “ May 30.” . Access was here taken, after which Mrs. favorth again took the witness stand and Unified a document which proved to be a ijlation modifying the decree of divorce, ig;d by her, and said she had a counter- aiof it, signed by Mr. Walworth; she ii; or ted herself and children entirely by enwn exertions, with the exception of bet three hundred and fifty dollars receiv- d ora the Walworth estate; while she lived .-it Mansfield T. Walworth he always car- Lei a pistol. A pistol being produced, he aid it originally belonged to a Mr. wins, who is now dead, and which was i\i by Mrs. Adams to Frank to take care if ,me time in 1870, since which time he ia:iad charge of it; the way I found my iu and’s letters had been kept from me vathat Frank gave me a large package of uj father’s letters a few months after the lefjration under my promise not to read ;liii; since that Tuesday, (the day of the nvler,) I have found numbers of letters in Fijik’s secretary; I know he was advised ;o eep them from me; a few reached me. ,'S'icral letters were here shown her one by an) This letter I have seen before; I know Frank saw it; it must have been received iu August, 1873. (This letter was dated Au¬ gust 13, supposed tobeiu 1S72.) The following letter, written by the prisoner the Sunday prior to his fatal visit to New York, and received by his uncle in Albany on Monday, June 2, 1873, was then read: Saratoga, 17. Y., Sunday, ’73. Dear Uncle— Mother told me of the invitation you extended to me to accompany you to Europe. Having only recently any desire to go to Europe, the invitation was particularly acceptable, and as I would have to leave her soon any way to attend the Albany Law School, I told her (on her intimating that you wished an answer “in the morning”) that she might say I would like to go. I am of the opinion that it. would be neither safe nor wise to leave her unprotected against father’s acts. In fact, I do not think her situation is by any means a safe one as it is. I enclose a letter from father to her, which I received yester¬ day. I am going down to New Aork in the morning to try to see him, and I may add, without informing mother, for she would feel very uneasy. My trip will determine any question in regard to ray going to Europe or anywhere else. I will bo heartily sorry if I shall have caused you any trouble or expense. Affec. your nephew. F. II. W ALWOPvTir. Mr. O’Conor then read Mansfield Tracy Walworth's last letter to his wife, and which she never received, it having been intercepted by Frank and afterwards sent by him to his uncle, enclosed in the letter above given. This letter (supposed to be of May 30, 1873, instead of May 8) is as follows: May 3, Seven o’clock in the Morning. Prepare yourself for the inevitable. I am getting over my wasting fever and shall he out of my room in a few days. I am going to call upon my children; my heart is starv¬ ing for their caresses. Make the interview as easy and pleasant as possible. I cannot stay from them much longer. I will see them—peaceably if I can or with a tragedy if I must. Their little faces haunt me, as 48 THE WALWORTH PARRICIDE. they arc mine. Popish cruelty must bent! to the demand of a fatlfer's breast, or the Walworth name goes out in blood. Keep Frank Walworth out of my way. You have taught him to hate me, and his pres¬ ence or obstruction in any way will only excite fatal exasperation. I want to see my little girl and come away peaceably. Beware that you do not in any way arouse the frenzy which you have known to exist since you left me. There is a reasonable way to deal with me. I shall have my rights under that decree, with no further legal delay or expense. I have conceded promptly every right under that decree, and now I am going to see my children, and you shall not bring them up. to hate their loving father. Eliza Backus has written to me that you will do it if you can, from your associations with them, and then I shall shoot you and myself on those door-steps, for I have nothing further to live for. I am a broken-hearted desperado. I admit it. Save this letter for lawyers and courts if you please. God is my lawyer; not the remorseless, brutal god that you and Eliza Backus and C. A. Walworth worship, but that God who has planted love in my heart for my little girls, and that says*to the tiger bereft of its young. “Kill!” You are an infamous wretch to keep me for more than two years from the little hands and hearts that love me. Your only excuse was my poverty and misfortune. When Frank refused to speak to me in the streets of Saratoga I said to myself, “She is teaching them all to hate a broken¬ hearted father.” Then all is lost, and the tragedy must come. When I know from the conduct of my little girls that you have taught them to bate me, that moment two pistol shots will ring about your house— one slaying you, the other myself. I know that you have no personal fear, no more than I have, but we both must die when that discovery comes that you have es¬ tranged my young children from me. It is possible you have not done so, and you shall have your life. If my little girls do dot love me then life is valueless, and I shall die with a feeling of luxury and rest to come; but you will have to attem die spirit land. The God of just mands it. Therefore I say to you, d ■ under that decree, then all may be 8 but now my heart is agonized form i| children. If you had common sen would know r how to appreciate the i q Mansfield Tracy Wai.wo t After some discussion by counsc 4 the admissibility of the letters identi J this witness, the Court adjourned. Upon the opening of the Court rcj< liberality in the construction of tl 1* applying to this character of evident' an as there was a doubt, he should git tt benefit of the doubt to the prisoner. Mr. Beach took exception to the Jlti| so far as it excluded any portion l!#| letter. The portion of the letter ruled out? Court was also read at last, the btrict, Attorney consenting to have it go d°H‘ the jury with the rest. THE WALWORTH PARRICIDE. 49 icfollowing id the letter in full: jyticn House op Cakleton & Co., ) Under Fifth Avenue Hotel, > Ne w York, August 14. ) ;ti to these terrible words. They will • in how keenly and fiercely l feel the iltion of Reuben II. Walwoith’s will, wit a Scot, the descendant of King . 01 , will do when all has been taken in. Reuben II. Walworth always 1 ae from my cradle. He always 1 ny one who was high spirited and klspeak out their thoughts. Ho al- s bed cringing hypocrites, like Eliza v and Clarence Walworth. Al- ghc saw my ambitious spirit he hated iC'USe it would not toady to his it Yankees. Hence from my cradle icncuted me and headed me off in y ursuit or speculation. I could not e im in anything because I would not .eo him about his favorites. Every- g Tat I ever rung from him, even my intlie Spike case, was rung from his . The only reason that he did not t vj name from his will altogether was . 1; respected my talents and hoped I ilchrite his life. He knew nobody else :ld But he has stung me into madness b ken up my family by placing me in nuiliating position of being under a ;tei and that trustee my brother, who ncher ambition nor heart. From his t c, 3 glares at me and says:—“ Ha! ha! i we always proud and high spirited, In ny will I have put in your side a t r life. You have no dignity under act will sting you to your grave. The y ois of my name w T ho have any dignity ter!ay will are your sons, Frank and cy.vho will bear my name to posterity.” , lien Hardin, knowing that I am pie! under that vail, if you wall persist :ryi j year by year to see how much of 11: st property you can get out of me tints of law, by personal blandish- ntslto my trustees, or by any other anpif you doubt and will not see that I ?ht d have something for my entire life, ictl he intended me to or not, then .rk hat will be the finale of my ven¬ geance upon that dead scoundrel dog who has made me so pitiable before men and before you. I will—so help me the demons who wait upon the persecu eel and the proud spirited and the revengeful—I will, when stripped by you of my property (and you mean it at last) plunge my dagger into Frank and Tracy’s heart, and cut off the Walworth name forever. God d-n him, he has elevated them and degraded me, and you gloat over it. I have not one single firm right under his will. This you believe, and this has been the cause of your de¬ spising and abandoning me. With cold, calm purpose you contemplate my eventual beggary and humiliation. I will kill your boys and defeat the d-d scoundrel in his grave and cut off his d-d name for¬ ever. Now you just persecute me about that property, and keep this thorn alive in my heart, by the eternal God I will kill them and you too. Now you hunt my property any further-, and I '.. ill kill your boys as well at you. The-- dead villian shan’t rob me of wife, children and property. If I can’t have anything, I’ll have revenge. - I have lost nearly everything which makes life tolerable. (The letter is without signature). The reading of this letter was listened to with the deepest attention and caused pro¬ found sensation. The mother and son sat apparently unaffected during the reading. Mr. O’Conor then read the provisions of the will of Chancellor Walworth affecting his son Mansfield. His share is given in trust for the use of himself and family. Mr. O’Conor also read the decree of divorce da¬ ted February 7, 1871, providing for the sep¬ aration of Mansfield T. Walworth from his wife Ellen T. Walworth, and for the mainte¬ nance of herself and children. Mrs. Ellen Hardin Walworth then resumed the stand and her examination was contin¬ ued by Mr. O’Conor. Q. After decree of divorce when did you first learn that Mr. Walworth had any wish to visit or see his children ? A. In the fall of 1872, I think in November. - Q. Had you known of this clause in the decree before that time ? A. I had. CO THE WALWORTII PARRICIDE. Q. I)id you oppose in any degree his being allowed to see liis children ? A. Jdid not, I was willing that they might be seen in pres, ence of their uncle, Rev. Clarence Walworth, upon a week’s notice to my attorney. Mr. O'Conor, after some preliminary ques¬ tions, now asked whether any acts of perso¬ nal violence had been committed upon her by her husband, while they resided in Fifty- second street, in 1871 Mr. Phelps objected, and Mr. O'Conor sta¬ ted that they intended to prove that such acts were perpetrated, and young Frank came into the room at the time ; that it had a very great effect upon him for a long time. The Court—Do you intend to allege that be was insane when this act was commit, ted ? Mr. O'Conor—We intend to allege thathis mind was so affected that he was not sound at the time of his interview with his father. Mr Beach we shall furnish evidence show¬ ing that the state of his mind was such that he was not responsible. The examination was resumed and the witness said: My son was called in on that occurrence; it was about eight P. M.; it was about ten days previous to the separa¬ tion, I had been subjected to physical vio¬ lence, which compelled me to scream; my scream brought in Frank ; he did not leave me till midday of next day: my husband re¬ mained in the room, until next morning: I noticed in Frank a repitition of the peculi¬ arities I had noticed four months before when I first indicated to Frank that his fa¬ ther had used personal violence to me; I showed a severe bruise on my arm; he showed extreme pallor, and I noticed a pinched look on his features expressing se¬ vere suffering, both mental and physical; it alarmed me so much that I did not, on his account, afterwards tell him; he was very quiet, and simply said “This must not be !” on this occasion, in January, as soon as I myself recovered, I noticed the same symp¬ toms; when he came in he had his hand on lMs father's shoulder, and said, “Be quiet, father;” there was no further violence by Ms father; after the first occasion I rarely spoke to Frank of his father; wc very spoke of him; on a few occasions | the first few months when I was rei i Mr. Walworth's letters, I saw him i j them, and noticed some of the same j toms each time; afterwards, when I i to receive them, I frequently noticed: | symptoms without knowing the cans* thought his health was affected ; onc<| him most violently affected, as I kne i day by receiving the letter which | read; I was called up by one of the cl | saying ‘ 4 Frank is sick; ” 1 went i j found him with his body rigid and this J of which I have spoken; I applied su | toratives as I could t and he shortly fcji a profound sleep for an hour; I notio i ilar symptoms on various occasio: greater or less degree; he was before i let him know about his father a veijl joyous boy after that he was at time n quiet and abstracted there was a red failure of his memory wc used to la I him as absent minded . ho would go I room for some article of dress to go <1 come down without it; go down forget his errand, and aftci locking 1 house would go round to lock up 9 sometimes two or three times; he \a stractcdat the table; sevcralotimcs ssl from bis room woke me up and I wen J door; bis pillow was stained at times B Frank the Monday lie left Sarat* noticed bis extreme paleness then;ia bis great paleness; when be wasintlq of abstraction be generally bad a sat <■ he was always courteous to others, 1 m fore this he was lively; he was not sum fits of anger; his character, so faras lolj was invariably good, both as to anfl and uprightness; there was nothing t» vice, or, in the ordinary sense, an ir:M ity in him; he was always amiable aiHI in the family, but not demonstrative ;>|| never in my hearing uttered any against liis father; I mentioned to Fan occurrence which took placcat the IN House between liis father andmybrctfl told him that liis father had ente^ 1 brother's room, while he was in bt, W presented a pistol at his head while sfl THE WALWORTH PARRICIDE. 51 ; hat fact I had no personal knowl- f it was stated to me. 'Conor produced four packages t<3 written by Mansfield T. Wal- hich were identified by witness is handwriting. The packages nrked “Exhibits 9, 10, 11, 12, dl4, ” and were to be read in evi- t the jury at another stage of the d gs, unless the ruling of the Court t adverse to their introduction. T«he m ined 19 letters written by the de- tMrs. Walworth. The second ex- o:ained two small sheets of paper tr e envelopes wrapped around sev. rission caps, balls, and a small quan- f >owder. The remaining exhibits n Ibout the same number of letters a Mrs. Walworth at another period hj brother, General Hardin, and Mr. orii’s sister Eliza Backus. 0,onor then asked Mrs. Walworth nig the condition of her husband’s qjstion was objected to. Otonor insisted that an important at |i estimating the condition of the r' mind was the condition of the Vind, and these letters, notone, uir, could hardly have proceeded input an insane mind. It was with a io sow a hereditary stain of insanity ues letters would be admissible. (urt in this view admitted the onf I Wjness—I have seen him in his con- :ioij about very ordinary topics sud- bejn to talk upon some other subject himself into confusion, throw his atly about, and talk very violent¬ ly unnaturally; he wore a very as (pression, and when lie did not ithjiolence toward myself he general- eni d his fury upon some object in Jin- perhaps apiece of furniture, and ing ie happened to have in his hand aul®break; I do not know that he 1 eisnd his fury upon any animal; it in tji summer of 1865 I first noticed dent manner; it was in 1871 that |’t him. The Court here took a recess,. after which the examination of the witness was resumed by Mr. O’Conor. She was asked to state the peculiar acts of violence on the part of the deceased, in reference to herself, as showing his temperament and disposition. The Court, doubting the propriety of this course of inquiry, it was suspended. Q. Did you notice anything else peculiar about Prank after these spells? A. I no¬ ticed a peculiar flush of the face sometimes and spots over the upper part of the face at such times; when he came out of these spells it was w T ith a start; on one occasion he fell and injured his head; that was when he was seven or eight years old; he w r as struck in his base ball club once and com¬ plained for some months after of his head. A pistol was here shown. Witness—I know this pistol; it was pre¬ sented to the Chancellor by the inventor; he gave it to Mansfield soon after and he had had it ever since; he had another pis¬ tol besides. Mr. O’Conor informed the court that the five barrels were loaded, and a court officer, by direction of the Court, removed the chambers. This was the pistol which had been found in the room of Mansfield Tracy Walworth. This closed the direct examination, and Mrs. Walworth was cross-examined by Mr. Phelps. In reply to questions she said: I saw Frank’s pistol in his possession two weeks before he left Saratoga; he usecl to keep it in his room; I hadno*intimation of his departure, on that Monday, until I re¬ ceived the message that if he was not back to supper he would not be back that night, but he was speaking of going. In reply to further questions as to the peculiar condi¬ tions of her son’s health she stated that she noticed a certain rigidity of the limbs which would last perhaps half an hour. Q". When did you last see Mansfield? A. From the time I left Mew York in January, £ 1871,1 never saw Mr. Walworth again ; his occupation was that of an author; his first book, written soon after our marriage, was “The Mission of Death,” the next was “Lulu,” then “Stormcliffe,” and then “War- THE WALWORTH FARRICIDE. *2 Wickhe might have written another be¬ tween “Warwick” and “Lulu;” then lie wrote ‘ ‘ Beverley ” and ‘ 1 DelaplaineI re- f member there was an earlier one, “called “Hotspur,” which came after “Lulu.” Mr. O’Conor, taking up a book, read from it a list of Mr. Walworth’s works in the fol¬ lowing order, and it was taken by the Court that they were produced in that order; “Warwick,” “The Mission of Death,” “Hotspur,” “Lulu,” “ Stormcliffe,” “Del¬ aplaine,” and “Beverley.” It is in “Bev¬ erly” that Mr. Walworth is said to portray his own unhappy life and experience, or a large portion of it. The witness further stated that she did not know how the two volumes of MS. of the late Chancellor’s writings got into Mans¬ field’s possession. Clarence Jenlcins was re-examined by Mr. O’Conor. Q. You stated under examination, that you went to the room of Mansfield with the Coroner, to remove the articles there and take care of them. Did you find a loaded revolver? A. I went there on the Thursday before the body was removed from the city with the Coroner and Deputy Coroner Marsh, to get the clothes, and in the drawer we found the pistol loaded, and it has so re¬ mained ; I called the Coroner’s attention to it, and he examined it, and replaced it in the drawer, and locked it in, and it remain¬ ed there until I took it; it remained in my possession until I gave it to you just now. On the cross-examination by Mr. Phelps, the witness said : I am connected with the family; I went to get possession of the pro¬ perty under authority of Mrs. Walworth; I found a great many writings of Mr. Wal¬ worth iu the room. To Mr. O'Conor he said: The deceased oc¬ cupied a single room in a tenement-house. Mr. Amsden testified—I reside at Saratoga < Springs; I am a gun manufacturer; I knew Chancellor Walworth quite well; I know Frank Walworth quite well; I have seen considerable of him for a year; we have been in the habit of playing whist together; I saw him one Monday morning, on Broad¬ way, in Saratoga; it was near the i station, but on the other side; on<: traduced the subject; he said “TVi we have another social game of j said, “Any day this week; this af i you like;” he said, “Won't to-m ternoon do as well?” I said, “ An} i like;” his character was irrepr d never heard he had a fault. A number of letters were them Charles O'Conor, written byMansf 11 Walworth to his ■wife. They we I Mr. O’Conor stated, forthepurposN ing the insanity of the deceased, itl view also of deducing the inherited of his son and murderer. A grea a of the letters were written while tlffl proceedings between Walworth an hj| were pending, and the man seer to been maddened by the delays arnbsl] ments which were entailing expea, him, preventing him from proceengji literary work, and he charges it au her and her lawyer. An impo ,ni about the letters is that very fe an have any signature attached, ante] identified by the handwriting. MJ very long, one containing five s ets, are written in an irregular, sprea(g| with the lines unevenly spaced, H of the first letter is not given. Itadsj “Why do you not sign the pa] 3 your lawger says he sent to you? toil an honorable settlement, and sii signed by me promptly? I wai 1 Tj and weeks patiently, but as yourlfj® the doctors wouldn't allow youhto* any business or sign it; and-novria most marvellous breach of good ith, J lawyer has ruthlessly and trcache islj| to the Trust Company which, by ties* the lawyers stipulated should bedtl If you incited him to this brea o(^| you met a most signal failure. Affl instigator, two-faced also? I madycc* offers to get to my work, andgauoia $250. As - is my judge I net' rcc ® the document, which I would 1) e by; but now I will never mak^ agreement. Already $250 of i l ,ra money gone to my lawyer. THE WALWORTH PARRICIDE. 5S j_God ! aren’t you going to sign tlie ;f ,ent your lawyer sent you? You are n n keeping me from success by wast- t ; precious dollars and tormenting me n settlement has been agreed upon- itlod* woman, let me go to my work. . ] rdest time for “Delaplaine” is here, iweeks the fate of the book is told. nSardin, sign this paper, which you ■e to sign. Great God, are you going 11 v that crafty lawyer to get your name t! t get my name as the author of “ War- i to spread his name before the ei :an public as a divorce lawyer? For, u as God is in heaven, if this agree- itsn’t signed I will place the facts be- ■ e public; but that is not my only iu:e, there is murder and suicide also? wal’d six weeks patiently, and, by the — God, I will give you no more time, it trow “ Delaplaine” into the ditch, re- ulie divorce and sue for my children lies you sign the agreement, and will voi the rest of my life to fighting in the ir, and with murder and suicide in the July 17, 1571. u-dishonorable-. $200 more of pcious money gone to my lawyers. I n; get into a situation where I can rtifresh, and every delay causes loss, 1 e plank is riven from under my feet 1 am on the verge of beggary and p ation every hour. Why do not you n id give me a chance in life? I signed mtly. Why must this damnable extor- al)f money for every adjournment go ’ Jon't you know that your lawyer is irng you for every delay? Oh! I am zfor just a few dollars to push my book Dijiplaine” into success, and “ Delap- uc is dying—dying! Two years more n life wasted! Oh! -on Calvary— t > not think the last cry means weak- ss as, by the E-1 G—, in wasting my ic ou have armed me. May- i. I revoke every promise I made you. tbnot revoke my legal agreement. I n by it as I do by every honorable renent I ever made. It is your lawyer ltilayed me false. This last trick of your lawyer, that it is necessary to make a. stipulation that I will not break my engage¬ ment is frivolous. Why didn’t he think of it before ? I do not care a-; but put it in fifty times if you like; but hurry up, and stop this useless waste of money since the first day I entered Charles M. Whitney’s office. Eternal-, can’t we get it signed? He told me the lawyer had put the money stipulation into the agreement of his own. option; and even Judge Barbour says to me that Whitney is a Yankee puppy, making- out of the misery and patience and agonies of others, delay and pay, and to get it be¬ fore the public in the Courts; and I am d-d sure he is pursuing the course to get it there. I agreed with Judge Barbour to relinquish all nearly to you but two hun¬ dred dollars, and Whitney never sent the agreement to me, according to promise. PI e i 3 a -liar; he never sent it to me. Hurry up for --sake, - -vou. You are a fool. July 8, 1871. Your lawyer asked another adjournment to-day. I cannot hold out longer. The pistols are loaded. If you succeed in get¬ ting the $950 from the trust estate of my father I shall shoot you, stamp out your life with my boot and shoot myself if your mother is not near. If she is near I will use the second shot on her body and the third on myself, behind the car. Why? Murder for $950, you ask? Why? Because you robbed me of my young; and now, in my miserable agony, on the loss of all that makes life tolerable, you remorselessly seek to knock from under a despairin'.; wretch the last plank on which he ~ : ■ -i-t-.-e t. I went to Judge Barbour’s to kill you; that door chain alone saved you. If you do not sign the papers your lawyer soys he sent you to sign, and which your sickness alone prevented you from signing, I shall shoot you. You are dealing with a despairing, demoniacal murderer, or whatever despair makes a man. Sign d-n quick. July 29, 1871. Your lawyer says to my lawyer that on Saturday he put a slight modification in the articles of agreement which he thought 54 THE WALWORTH PARRICIDE. necessary for your protection, and laid before you to sign. Is tliat truth? And is the delay solely due to your not signing? He says so. Great - cannot this thing be closed promptly and business like, and the waste of money on the lawyers stopped? By the Eternal-, 1 cannot bo trifled with any longer. Sign promptly and business like. "Why am I so eager? Because I am hungry,;.!-'. s;m\mA.. L.ghio to t.aru me in the face ; and this, added to the agonies of my heart, will make me murder you my¬ self. Oh, can't yOh see it? Won't you sign it and make your lawyer close it up as quickly as he can? Can't you telegraph to him to hurry it up and close the busi¬ ness? Iam so hungry and so weak, and the pistols for you are lying loaded beside me all the time. My book failed to bring me money and my efforts to get a situation have failed. Iain a hungry demon, and am longing to lap my tongue in soft blood. You are making your grave by the delay. But we shall lie so peacefully side by side in death. O sweet Death! Sweet Death. Satukday Nigiit, (Supposed to be July, 1871.) I have just come from the lawyer's office. He says the agreement has not been signed and returned from Saratoga.-you. Sign it and let me out of the expenses of the law. May —;— - the expenses of the law that are beggaring me!- you. You are planning some other evasion of your plighted word. Beware of me. God damn you. I am dangerous. Listen to the murderer's hiss and beware of me! "iou robbed me of my children and you want to rob me of my pittance. I am watching you with a hawk’s eye and a de¬ spairing heart. Woman, why in God’s name don’t you sign the papers? The pistol is lying beside me loaded that will relieve me from starvation and hell, and like a flam¬ ing demon I will scatter your brains. I am in earnest,-you. Do the words sound tame on paper? Hog’s-, I will murder you for depriving me of my sweet, darling money. Hist! Hist! Hist! Let that ring through your-inhuman ears. The broken-hearted wretch will ( g| torturer with him to hell. July 28, ^ Again, to-day, I have been to my He says the papers to be signed by irf still in Saratoga. You are delayii J of hell. Another adjournment to ^ for and the pennies sca^pe 1 The 1 J wretch, grasps his pistol! You fa ,1 the hopeless author his last hope. '■ avaricious wretch, I grasp the deai i pon for both of us. Stand off that p m You robbed me of everything swccqfl and of peace, and I want to wreak lj| vengancc on you if you do not reljBj your grasp on the only thing.- you, you can appreciate my money £ the papers you agreed to sign Ion; l« long ago, and I will let you go, - Jh ging my heartstrings after you. Bu et) my sweet, darling, precious mone; 1 late I have learned that money is tl hi of life a fid that for industrious porertg is no home, no hope, no success in e,! love of children; and I clutch the idi with a demon's clutch, with a mu a clutch, and I would gladly murdi feu and die. Sign the papers which you a to sign,-. Ycu have miscallul Mansfield Tracy Walworrh as other hi done. You will awake to the rcalitrch you beggar me and the bullet asl through your skull and through mine its off-you! I asked you to dnol ing that your lawyers have not sti lat for,-you, false, cold, fill hearted -- . Monday, 10 a. m. (supposed to body! That same pleading, ever-prescnletj mination is working me up to the fin tn edy. I go down in five minutes tos« my lawyer has received and filed tluga ment signed. But my superhuman cot sight tells me that you have again jinirit ted, and that Chancellor Walworth’s «q er son must be a murderer and a suicid J be it! I have done al 11 could to avet t. have waited patiently for weeks. 'u» pushing on your doom. By the era -, Ellen Hardin, the ]rp° THE WALWORTH PARRICIDE. 63 Ihree years of your life of abandoning i and grasping that property shall be arted in your blood and mine. If you i the catastrophe comes as sure as fate J-.-you. All the intensity of hate in 1 life is centered on you. Listen for the - k of the pistol! Publication House Carle ton & Co. ) August 27 ( gn this paper and I will trouble no fur- i(, The devil says to me, you fool, she fts to beggar you ; she wants two-thirds re her father died; she has kicked you a ike a dog; she docs not care a groat Lhcryou succeed or not; she means to >i ent you about that property, because she ;-woman—a thief and a traitress. o sign this paper, and I will try to bring litortured brain once more down to lite- irlwork. My lawyer' says, She will never g anything that you want her to, because ngloats in torturing you. - 7 you, Ellen a in. It is in me to succeed at books if )i cave me alone and take the apprehen- o of lawsuits from me. Sign this paper r siorturcd author will kill you, by --. ’1 did you make me give up my children > m and make no fight for them? Because tl light the trust property would be leftto icind that I could succeed as an au- 10 My lawyer says, she says I am f insanity, and the witness continued the summer of 18G5 I was spending s days at Saratoga and had been on pleasant terms with Mr. Walworth; evening at that time I went out with (i cellor Walworth and two friends; wc cd one of the hotels, staying for a Ic time and returning about ten o'clock my return I found that he was in the jo and that he had the door locked; 9 knocking a couple of times lie opencH door; he looked with fury at me, andi a terrible oath exclaimed, “I will show how you will leave me of an ev'ii again' 7 ; he siezed me by the arm and pi me v> ith great violence; he pushclj against the furniture and literally toJ clothes from my back; when I took i n infant to leave the room he connnandt l in the most threatening manner to v down again and myself; in an hourcifl lie fell asleep and I escaped from the oi He had been in the habit of acting in very violent manner for a great many ai Q. After this occurrence in lSGtjn detailed by you, state any further bs quent acts that recur to you. A. . tl summer of 1869, when my sister liaise me some clothing and other preset 1 various kinds for the children, withojar previous signs of displeasure, he arossu< 1 The young man delivered to the Sergeant a small Colt’s five-shooter, with four of the barrels discharged—‘ That,’ said he, ‘ is the pistol I shot him with.’ ”—See Page 22. THE WALWORTH PARRICIDE. tnly in the night, and swore at his sister i a most -violent manner and commenced t search the house for the articles and LStroyed them; at that time his appear- aee was very remarkable, as were also his v rds and gestures. State as well as you can the nature at character of his appearance when he vs enraged. A. He was always extremely peand had the look of a wild beast; 1 ctnot imagine any other expression like it l. State any other instances of this vio- lit conduct or variety of acts which you t n observed. A. At another time, about ne o’clock, after spending a quiet even- ir, he came to my room door, and as I oued the door I saw that he wore the ene terrible expression, and, with both a:is uplifted, he uttered those fearful ex- cmations, “Hardin shall not rob me of n wife and children,” although we had n seen my brother for a long time pre- vusly; he then struck me violently, and rued me in his arms in ti c most violent miner and threw me on the bed, where I k for some time unconscious; on another 0 Msion he suddenly sprung ou me and stick me. ). And all this was done suddenly and whout previous cause of excitement? A. Y. >. So that his acts on these occasions w, e altogether unaccountable to you? A. T:y were. ;J. Was his violence on these occasions mat and serious? A. Yes, sir, they were gilt and serious. ;. And you stated that these acts were alays accompanied with oaths? A. Yes, si they were. ;. Can you state any particular instance tcpresent any different illustration that a] ears to you that might account for those ac ? A. At the time of his father’s death in was subject repeatedly, perhaps every d.', to these violent furies, in which he wild abuse his father and brother; he did n< expend all his fury on me; he would st je the furniture and break it -with what¬ 69 ever he might seize in his hand; he did this very frequently after his father’s death. Q. On any of these occasions of this peculiar conduct did you receive any such violence as the use of his teeth upon you? A. Yes, in my finger; he bit my finger severely. Q. I observe that in those letters which Mr. Walworth addressed to you to several of them are no signatures. Do you know any reason for that? Was that a habit of his? A. It was not his habit when he wrote ordinary business letters. Q. What was his condition as to strength and height; what sort of a man was Jie physically? A. lie was five feet eleven; an unusually robust man; in the habit of exer¬ cising himself by long walks; he used the dumb bells as long as I knew him. Cross-examined by Mr. Phelps—How long prior to your leaving him was the last act of violence? A. About ten days; after that I was ill. Q. Was he aware of your intention to depart before you left him? A. He was not. Q. After the act of violence which oc¬ curred ten days before you left the house, had you any interview with him? A. He came to my room ; but never without some one being there. Q. At what time did you leave the house? A. In the morning, about ten o’clock. Q. I understood you to say that from that time you never saw him? A. I did not see him again. Q. Have you any means of determining in a general way the letters which you re^ ceived from him and know the contents of and those which were since shown you? A. Yes; I think I can distinguish between them. Q. Can you discriminate between all these letters as between those you first saw and those aftenvards shown to you? A. There might be a few I could not point out, but as a general thing I would know them all. Q. What was the last letter yon received? A. The letter I received 7th August, 1872. Q. Did you understand that the letters produced in Court and read here were all CO THE WALWORTH PARRICIDE. \he letters received? A. Not quite all; Mr. O'Conor has some more, Q. Did you answer any cf those letters? A. I did not; I wrote one letter about two or :hree weeks, perhaps, after I left him; I submitted it to a friend—my lawyer; that letter was given to him, I understand; I never sent him a line after that. Q. With the exception of that letter which was submitted by you to a lawyer before sending it you have had no commu¬ nication with him of any description since the separation? A. None at all; he may have had messages from my lawyer. Q. You communicated nothing directly with Mr. Walworth? A. Nothing in any ■wry. Q. The letter dated September, 1872, did you receive that? A. No. Q. Ilave you seen any letters later than August? A. I don’t think I have. The witness then left the stand. Two packages of letters were handed to her, which she examined at the table beside which she sat, on the immediate right of the prisoner. After a brief examination of the letters contained in these packages she handed the packages back to Mr. O’Conor, with the letters withdrawn from them which she herself had received. An entry was here made on the minutes that the District Attorney had withdrawn his objection to the reading of any letters, and that there was no exception in reference thereto. • Q. By Mr. O’Conoi -Are those all you received and read prior_to the first of June? A. Yes; I think that is all. Q. l~ou stated that some of those letters found in Frank’s secretary were unopened? A. No; it was some of those that were handed to me that were unopened ; this was seven or eight months after the separation; at that time there was a package of letters handed to me, and among these were those unopened ones. Q. What letters were those that were unopened? A. I think they were generally those which contained powder and balls. Lemuel S. Hardin , uncle to the prisoner, was next put upon the stand. He testified: —I am a son of Colonel Hardin and a bn er of Mrs. Walworth; I live at Louisvi Kv.; I lived with my sister in Kentu from 1861, while she was there and husband was away; I have known Fr all his life; I spent my vacations in Sar ga with the Chancellor; I think Frank is i best boy I ever knew; liis devotion to , mother was perfect; I never heard j speak ill of his father; never heard anj< speak 511 of him. To Mr. Phelps—I never saw him an he was fond of sports and cheerful, but? demonstrative, he had a fund of burnto him; he was never irritable or irritated < was better tempered than myself; he wi| my office six months about two years:)] can’t fix it nearer; it was before the sefii tion, at least before I heard of it; Ih d Frank was with his mother when thac- curred. To the Court—I was opposed to hisri- ing law r , he was so young, but he see d so settled and so little disposed to fic that I assented. Gen. Martin B. Hardin , another unc! )f the prisoner, testified:—Is a brother of s. Walworth; was stopping at the Hof!in House, in New York, at or about the as at which his sister finally separated froE er husband. Q. What was your condition as to hcfll at that time? A. I had been invalideca some years, partly on account of wo ds and partly from disease contracted iiht' army; at that time I had not entirely rev¬ ered from my wounds, nor have I y<[fl was suffering from severe wounds, as ell. as having lost an arm ; I was, in fact, l'd- ly able to go about at the time, andit'M only excitement that kept me up. Q. Did you receive a visit from Mr. al- worth while you were at the Hoffman HsS! A. I did. Q. At what hour of the day or night'as it? A. It was about four o’clock in.h«?i morning; I was asleep at the time. Q. Was there any one else in the oin with you at the time? A. Yes; thermal - a lawyer there, writing. Q. Drawing up jvapers for the purpuoy THE WALWORTII TARRICIDE. jjaning the divorce case! A. Yes; we ubeen engaged with them through the jet; I went to bed about two o’clock; was ;1 p when I was awakened. < By what were you awakened? A. By v lent knocking at the door. ( What then happened? A. The lawyer UEied up and opened the door; Walworth at: ill and walked quietly up to the foot ,f jy bed; he kept his hand by his side; I -astill lying in bed; watched him close- ;-;ie asked me, “ Where is my wife?” he ej questioning me; told him to keep up and allow me to dress; he was very m excited; I arose and was putting on iypants, still keeping my eye on him tody; I suddenly jumped towards the lot' and drew it after me; he pursued and oi:d the door open; he had his pistol in lisiand; he presented it at me, but I es- a]d behind a double arch that was in the a,; people then came rushing to the spot; hcawyer had rung the bell and this gather¬ 'd iem; in a few seconds a policeman came .n'arrested him. ■mrles L. Pond testified that he was a stu- iej of Union College, Schenectady; was an utiate friend of the prisoner; for the last ret and a half he had noticed a great nt;e in his manner, and he became % i ® . iioise and moody; he on one occasion aid out loudly in his sleep, and when ifess went to see what was the matter he old him sleeping heavily; witness had Is noticed his pillow wet in'the morning vi' a rusty stain; the prisoner, Wally la our, his cousin and the witness had, a jpril last, started for a xvalk; they had ;o: but a short distance when the prisoner iin enly attacked him and threw him down; ip i asking what he meant Frank made no inrer, did not even look at his questioner, m soon after wanted him to take tea with lii he never made any allusion to his itr ige conduct and acted as if he was not iw e of what he had done; witness was svi him on the Sunday previous to the ;h' ting, when he acted as if he was sick; ;hi had made arrangements for an excur- sicj to the woods to procure some flowers; ao ent part of the way, gathered one or two and then went home, witness and Wally Barbour continuing; when they re¬ turned they found him asleep; the next morning he told them he might go away on Monday. Wahcorth Parlour testified—Resides at Saratoga; is second cousin to Frank; have known him almost all his life; knew his general character in the neighborhood and among his friends as being very good ; never v heard a word against him ; heard the testi¬ mony given by the previous witness, Mr. Pond ; it was correct so far as he remem¬ bered all the circumstances. Mr. Smith, a resident of Saratoga, testi¬ fied;—On Sunday the 1st of June, Frank and Mr. Pond called at my place; we talked about various things; finally Frank asked me to let him have some money, that he was going away on the next day and would be back on Tuesday; I told him I had no mon¬ ey with me, but if he came to my store on Monday morning I would give him some; he came on Monday, and I gave him $15 ; he said lie would be home on Tuesday and make it all right with me; the fare from Saratoga to ISiew York is four dollars and a half. Augustus Yon' Belleau , recalled—When first he knew Frank lie was studious and capable, but latterly he seemed not to lose his capacity, but his memory; he learned German with witness, and he spoke it pret¬ ty well and wrote it with case; words that he learned and remembered in his eailier studies he had forgotten, as if he had never learned them; latterly, instead of his usual cheerfu? manner, he became gloomy and morose; sometimes it was painful to see him; he would complain of great weariness and be long in bed; his face would flush and suddenly turn pale, and a strange rat¬ tle was in his throat. Winnifred Poach was housekeeper for the Walworths in Saratoga; knew Frank well ; the morning after he had gone she noticed bad stains on the pillow, blood stains ; heard screams from his room during the night; had observed these stains many times before that, during winter and spring; and had heard him scream two or three times 62 THE WALWORTH PARRICIDE. before; liis appearance was very strange sometimes, very pale and forgetful; he’d travel around the room and around the yard as if lie whs lost entirely and ready to drop away; he'd come down to relock the doors as late as twelve o’clock; lie was the only male in the house except Tracy. To Mr. Phelps—He would come down at midnight and unlock and then relock the house; in my room I could tell his move¬ ments; sometimes he’d go out; he would do this nearly every night; once in a while he’d go out; sometimes he looked frighten¬ ed ; he’d walk fast; Saturday evening be¬ fore he left home noticed this. Joseph W. Hill,, recalled—Has known Frank for over a year; when he first came to his law office lie was studious, but soon observed something that made him believe Frank had something absorbing on his mind; he wouldn’t converse as usual, and made no progress in his studies: these hab¬ its continued, until he would come to the office and notice nobody, sitting there unoc¬ cupied for two hours, and then leaving; lie complained of being languid and sick. Dorothy Smith (colored)—Had been ser¬ vant of the family all her life; knew Frank since he was born; when he was seven or eight years old he fell from a car and was hurt back of his head, it was bleeding; last summer his pillows where he had slept over night were stained a kind of brownish yellow; seen them three different times; used to hear him scream in his sleep; in 1862 he laid for two days with a sort of headache, and then had convulsions, froth¬ ing at the mouth; had been fishing and thought it might be the sun; the day before the Southern tournament in Saratoga, in August, he was sick again and I found him in convulsions; I bathed him with warm water; don’t know if it was the effect of the sun. Thomas TT. Todd said—I reside at Syra¬ cuse; I knew the prisoner in 1870; he was playing a game at ball; Frank became in¬ sensible for half an hour, but no one else did; the next day he was languid; he hurt his nose and his forehead. John L. Barbour said he had known 5 field Tracy Walworth; in 1861 or 1862b him put on a Confederate uniform, an<, said that he held a commission in the i federate army; this was at the time t worth was in Washington; I told the > retary of State, and on subsequent inc y I found that the story was not true; 11 k he said he was a captain in the army J told me at the time he was in the emplc >f Colonel Stuart; I know Frank Walwort I have observed that he has appeared j moody and occupied; I have frequently!! him on the sidewalk and he has never is ticed me; I have noticed that his face fe peculiarly pale and there were twitch 51 of his face. Dr. Charles S. Grant testified—-I resit it Saratoga Springs; am a physician and x geon; had known the prisoner for se'al years, and his character generally as good. By ex-Judge Garvin—During the jn you have known Frank Walworth have a noticed any change in him? Witness—I noticed a decided chan; in him six or seven months ago; he cam to my office in the afternoon; he was in tu habit of coming there once or twice a to play billiards; I asked him to go p stairs; we went up and he sat by the n dow; he looked out and looked up; I id to him, “Have you tired yourself oi 9 ( quickly?” he made no reply; I took oflnj coat and took up my cue; Jje went tohl table and put the white balls where e! balls should go; just before striking hi red balls he noticed his mistake and « that was not the way to begin a game hi then placed his balls properly and pie! half an hour or so; I noticed that lie hi I peculiar appearance for a day or two as* wards; the second time I noticed any jMf liarity was when he called one eveningn! we played; I said to him it was his tui 1 < play; he made no remark, and I said tcia again, “Frank, it is your turn to play:lw spoke in a sharp unnatural voice and «, “He was ready;” he sprang up froirui seat and struck the balls with great f<»| the stroke counted, but instead of plaoj THE WALWOliTII PARRICIDE. 63 ja again he struck one of the red balls r that it dropped on the floor, and smstantly he dropped into the chair; 'attwitched violently; he was breath- c' heavily and he was snoring; I sat i;side and said, “Frank, what ails > e made no reply, but made an effort ,e his eyes; I think he raised liis head re;ated my question in a listless voice; t|;ee or four seconds he put on his ; asked him where he was going; lie bjsras going home; he also said it was si o’clock and he promised to be home x; asked him if he would not stay ii.li the game; he said, “No, he had 1 me at six o’clock;” at the same time ietn to take off his coat; this was it re or six o'clock; I did not notice (levied symptoms of change until five X jseks ago; lie got into a carriage to wh me; we were talking about ty- 1 ver; after several minutes had passed iiellid not make any remark, I looked .uvnd saw he was staring right ahead, 1) face was livid; I said to him, ran., arc you sick?” lie did not say any- g I t continued to stare; I then put n on his shoulder and said, “Frank, nisick?” he did not say anything, but imd to stare; he then gave me a wild id said, “How far is it to the ngS’ I then said to him, “Frank, what vc complain of?” lie then repeated, n iid again, the word “fruit,” “fruit;” in was very rigid and his muscle re- 1; e said, “Did you think I was going ui ’ I said, “You acted so strangely I hoi enow what to think of it;” I asked nit he meant when he was going to vc|3; he put his hand up to his head sai he could not conceive any reason hc liould strike me. ■ \ 11 you please state in a general way ttlse things indicate? A. To my mind ’ in cate epilepsy. !• I w does the condition called cpil- y fiect the mind? A. It produces un- icic mess and mental irresponsibility, hat is called epileptic mania? A. :ler the influence of epileptic mania is there consciousness or will? A. Not when fully under the influence of the mania. To District Attorney Phelps—Have had between thirty and forty cases of epilepsy under my charge. Was stationed in the Albany Insane Asylum at one time, and had many cases there. The court then adjourned. After the opening of the Court on Tues¬ day morning, the first witness called was Dr. John B. Gray , who testified—I have resided at Utica since 1850; have been a physician for twenty-five years, connected with the New York State Lunatic Asylum; am familiar with the epileptic condition; it is a disease of the brain and spinal cord, manifested by periods of unconsciousness and spasms; its causes are various, constitu¬ tional or hereditary, falls and blows, a shock, mental or physical, long continued distress, and generally tilings calculated to disturb the circulation. Q. To come down to our case, “Is epil¬ epsy always accompanied by spasms?” A. Yes, but not such as are evJflent; a spasm may occur perceptible to a person having his hand on the patient so that he perceives the tremor, wdiile to anyone else it would be imperceptible; a condition of rigidity, often preceded by a cry, is the first symp¬ tom ; there is pallor, followed by redness of the face, a swelling of the., chest, and after that the patient usually falls into a sleep; that is rather the spinal form ; an apparent¬ ly milder form involves the brain, and the symptom is only a slight shiver; either form, with more or less speed, impairs the whole mental power; the progress of the disease is manifested sometimes by a lassi¬ tude of mind; sometimes by irascibility; its most marked symptom is a change in some direction; sometimes it manifests itself by sudden maniacal raving, more than attends other forms of insanity; sometimes by mere bewilderment and hesitation, the mind be¬ comes impaired and the will with it; the will is practically in subjection. Q. Take the case of a man who screams out in his sleep, and a little while after is found snoring, and at times froths at the 64 THE WALWORTH PARRICIDE. mouth, -what -would you say of it? A. I would say that it indicated an epileptic seizure; other symptoms that may occur are spots on the face or the surface, indicat¬ ing extravasation of blood; the dangerous period is not during the rigidity, but before or after; the effect of waking up a person subject to C 2 iilcpsy two or three hours be¬ fore his usual hour would be likely to bring on a fit; in fact, nocturnal epilepsy is apt to come on a little while before the waking hour; epileptic diseases might well exist without friends recognizing them. The witness here gave details of general cases, and then said, in answer to questions by Hr. Phelps: The leading symptoms in this case denot¬ ing mental impairment arc the facts of Ills failure as a law student and his forgetful¬ ness of German phrases which he had before familiarly used; the physical symptoms are inconsistent with hysteria; I did not say that the shooting of the father occurred dur¬ ing an epileptic attack; I said that he was liable at any moment to such an attack; epileptic attacks are, so far as we can see, unpremeditated and causeless; in seme cases, where epilepsy seizures occur but once or twice in a lifetime, especially after maturity, there is no notable change in the general mental condition, but as a rule there is a change; where the attacks are at inter¬ vals the patient is usually capable, in the intervals, of carrying on his ordinary busi¬ ness, but there is ordinarily gradual deteri¬ oration, ending in dementia; in some cases there arc no symptoms preceding an epilep¬ tic seizure, but sometimes tluyc is head¬ ache, restlcssnes or constipation, and in rare instances a precedent maniacal out¬ break ; in cases of petit mrtl , the apparently milder form, which is very brief, passing off in a few seconds, there is often drowsi¬ ness, bewilderment or wildness; they do not remember what occurs during the seizure, but sometimes have an indistinct memory of what occurred during the later epileptic stage; I have known cases where the memory of a number of days was cut out, though I have supposed they were, during that period, cognizant of their acts. Mr. Phelps here detailed the sta u of the prisoner after the shooting, a: | affair, and asked whether the recol |j of the events by the prisoner would ffi the doctor’s judgment as to the pi « epileptic condition. The doctor at that the recollection of the events wo j alter the doctor’s opinion as*to the 4 er's epileptic condition, but addelj there was hardly sufficient data fr 1 statements as given to decide wheri had that morning an epileptic scizur 1 To a Juror—These attacks cover a ni of time, though within the period ciij of the attack minor attacks may occt 1 To the Court—The disease is not ict periodical: it is rarely curable; iniai simple convulsive epilepsy the physic ct dition sometimes is perfect. To Mr. Phelps—I have known -am with epilepsy who still conducte’ril ability the ordinary business of life .'si and Mahomet are said to have beeniOi] tics, and Napoleon, Alexander am 3(1 other distinguished men are said hi had epileptic attacks; the rule is, hew that mental degradation sets injil.fj cerebral epilepsy, or petit mal, wliic! CO sider the most liable to become im alffa there is a certain periodicity inthecj rence of the attack, but an excilimia^ may bring it on at any time; as a r, th epileptic rage is directed to all alikbuti have known cases where it was dined! a particular individual. Dr. Gray was examined by Mr. era and testified further — I spoke ofaittil lasting two or three days; the lit net| would only last a very brief time, ih® epileptic condition might remain son® time, during which he would seqm b|| a rational condition, yet really his nu V wholly under the epileptic influenjl may do certain things in an appartlj^j tional manner, yet the epileptic co itwt with its violent tendencies, contins; or¬ dinarily the fit is terminated by a Mffl normal sleep; some of the books st eptic attacks which were accomprcd distinct memory of what occurred ilk® in my own practice I have found soJ ^ mcj UALVYUnin X AlV.nXVlX'JCj. 1 ^member, but could not determine lr they spoke from memory or from n rmation ©f others, helefence here closed, hcrosecution called,, in rebuttal, •(■•is S. Street , of the New York Weekly , 11 tided that deceased -was well known n for a year; he was writing for that r he was very affable, agreeable, cour- ', 3 rid cheerful; he was very quiet and Icjianly; I never saw any violence or c at city; I knew he had a family; he r luded to it but on one occasion; I vc him an article in the Tribune com- efing his wife's readings at Saratoga: uipd and was pleased, and asked me ivhim the article ; I never saw on him sir of liquor; I never heard him use ,.U| oaths. i t. O’Gonor—I saw him in all at our c rom twelve to twenty times; he »; our paper to offer his productions; a him for one serial during the year )0i we were arranging with him for a n, he was to come down on that >sc|) r to arrange terms; he was always tbtnd properly dressed; he looked like uegentleman, and not a hungry author; ib died some placards containing this— et 'racyWalworth speak for himself;” v tre pasted up so that peojile could Item; I believe we published an edi- al enying the truth of the stories against r oh\ Lary , a restaurant keeper, testified t fr. Walworth for two or three years hi meals there; he spoke with pride of faier; lie never swore; he never drank c ; :e at witness’ liar; he was always tlianly; he was generally cheerful; lie 1 , heard from another party that he r married man; witness never saw him w pistol or be engaged in a quarrel; he ei ly took three meals a day at witness’ aunt. Ie;y Ackerman, a barber, testified that he . down Mr. Walworth four years ; he ! ommonly shaved by witness, and unfitness became sick he came and in- rt for him and brought him grapes and its he was a gentleman from the top to the foot; he never got angry; witness taught him German; he never was profane; he be¬ longed to their singing society, and was a pretty regular attendant; I saw he had some kind of feeling in his heart, but I was ashamed to ask him; I never saw him have any drink except maybe a glass of lager beer, as any gentleman might; I never saw him intoxicated; I never saw him have a pistol; our society was the New York Mtennerchor; I saw him last at eleven o'clock on Monday night, before he was shot. Hetman Bettgeman, grocer, testified, that the deceased visited his store once or twice a w r eek for the last two years; his demeanor was not cheerful, but quiet, not violent; he never heard him utter violent oaths; never saw anything odd about him. To Mr. O’Conor—He came to me for groceries, butter, cheese, eggs, cigars and sometimes a bottle or two of wine; once or twice a bottle of brandy; sometimes he took them away, sometimes we sent them; I sup¬ pose lie bought other groceries; he kept a monthly account, which he paid promptly at the end of the month ; it ran from $8 to $17 a month; when his family lived there it ran from $70 to $90. Theodore Earner , Superintendent of Sta¬ tion II, of the Post Office, testified that he knew Mr. Walworth, and his manner was always that of a high-bred gentleman; he ■was cheerful and inclined to talk; the only one of his family he ever mentioned was his father. The District Attorney offered in evidence Mr. Walworth’s book, “Beverly.” Mr. Beach objected to it as incompetent, Mr. Phelps said he offered it to show the sanity of the deceased. Mr. O’Conor said the substance of these letters was contained in this book. Mr. Justice Davis—Yes, he had followed these letters substantially in the book, ex¬ cept the blasphemy and obscenity. The book was excluded. Dr. Ralph L. Parsons, physician for many years in the New York City Lunatic Asy¬ lum, testified:—Epilepsy is characterized by loss of consciousness; it is usually a con- 66 THE WALWORTH PARRICIDE. vulaive affection, and is sometimes connect¬ ed with a change of mental condition; it frequently exists without such mental dis¬ turbance as to amount to insanity; I am in¬ clined to think it is almost always accom¬ panied with a certain degree of irritability; the paroxysms have a sort of periodicity, varying within certain limits for each indi¬ vidual and varying with each individual; there is a portion of the eyuleptic attack of which the patient is wholly unconscious, but there is a condition of epileptic mania of which frequently the patient has some memory. Mr. Phelps here presented a hypothetical •question, stating the facts of the separation ■of the prisoner's father and mother, his care of his mother, his receipit of his father’s letters, the last letter received, the offer to go to Europe, the prisoner's letter to his uncle announcing his intention to see his father, tho arrangements of Sunday, the ■visit to New York and the circumstances connected with it; the occurrences on Tucs- '• day morning as detailed by the evidence, including the prisoner's subsequent acts, and asked—From them what is your opinion as to the condition of the prisoner’s mind and whether he was conscious of the character of the act he was doing? A. I see no rea¬ son from the whole question as put to in¬ duce me to believe that he was laboring under an.attack of epileptic mania; knowl¬ edge that he had previously shown epileptic symptoms would not change my view; I ’should require further evidence of the char¬ acter of the act itself. To Mr. Beach—If I knew that the man was epileptic I should be more careful to inquire into the evidences of aberration of mind at the time; from the evidence as oiven I should not conclude that the act O was epileptic or one of epileptic mania; assuming that he had an attack of epilepsy on Sunday, he might have renewed attacks on Monday and Tuesday; I have seen cases of epilepsy where I saw no evidence of ex¬ citement or irritability; I believe no case occurs without some effect on the mind after the paroxysm has passed; strong con¬ tinued emotion may produce epilepsy where there is some predisposition, not ot) w I cannot tell in what that predispos ic sists, but a hereditary tendency of i c firms us in our view of predispos on give a considerable degree of signifh nj the prisoner’s statement, as evincing ®( ory of the transaction; his stateinen f i shooting showed he was conscious if i shooting. Dr. Abner Otis Kellogg was next al and testified—I am at present coud with the Hudson River State Lunat H pital at Poughkeepsie, but before t ;i at tire State Lunatic Asylum at lo» heard the question put to Dr. Parson* tb is no evidence in it to convince me .at the immediate time of the homicide: \ in an epileptic condition ; epileptics it conscious or unconscious; there is a en deterioration generally going on grua and leading ultimately to entire faire mind. Dr. Meredith Clymer defined cpilepj nervous disorder characterized by ts consciousness and convulsive movemts the muscles; there were three varietimf which he described at some lengtlv their symptoms; irritability of temp e< rnonlv preceded or succeeded the fit f —j verseness, a tendency to explosive a ;ei change of temper; one or more of th3s common; a person might be subject > < leptic attacks without being subject \ < leptic mania or insanity; epileptic nai; simply mania arising in an cpilept ; mav have his mind disordered with t in" maniacal. O Dr. Clymer further said that he sa nc ing in the hypothetical question of hi trict Attorney that would make hinth the accused was or was not cpileptiat time of the shooting; he had no datto by; there was nothing in the evident would induce him to believe that lie a: an epileptic condition at the time ; hiki of cases when the patient's memo ' clear as to the circumstances of his uac This concluded all the evidence 1 case, and Mr. O'Conor commenced s dress to the jury for the defence, it conclusion of his eloquent appeal^ 1 THE WALWORTH PARRICIDE. .s autioned the jury not to speak of utter among themselves. He was in -ts to whether he should allow them pate; hut counsel on both sides had dice in their integrity, and would al¬ ia now to separate. He hoped they idaot read the papers, and said the Id departed from the plain dictates iinon decency in commenting on this ie ourt then adjourned, t opening of the Court, on "VYednes- nning, the prisoner took his place ljnied, as usual, by his mother and v, and District Attorney Phelps com- eedhis summing up for the common- h All listened with the deepest at- no the speech of Mr. Phelps, the ■r clear brows sometimes knitting iu with anxiety at his denunciation • >n and his argument to show pre- tann. The prisoner sat all through : pe!li with his head bent earnestly for- ,s eyes steadily turned on the ei nd his lips slightly apart. At the cAttorney’s description of the scene om of the Sturtevant House he i quiringly towards the jurors, a 3 if it by his appealing look the mercy i e District Attorney was -warning j adnst. At tlie conclusion of Mr. ps’ ldress, Mr. O’Conor requested the tcharge as follows: it ider the evidence the prisoner ean- - und guilty unless there was in his i aleliberate and premeditated pur- i 11, not a mere intent, t e law requires a deliberate deter- 1 :o to kill in cold blood, and not a ■ u< en passion. t e facts do not show a deliberation nt n. 't: the prisoner knew deceased to be )ei;e man it militated against the o murder in the first degree, it i lie acted under terror he was not oiaurder in the second degree. ■d i the jury were not satisfied that eatoccurred by a shot, of which the aer as conscious, that they could not ict 1 n of murder. i! 6T That if they found he was unconscious of any one shot there was no discriminating evidence to show which shot was the fatal one, and they must acquit. That if at the time he was in a state of I insanity, produced by epilepsy or mania or any other cause, he was not responsible. That if at the time of the shooting he was in a state of overwhelming terror, in which neither he nor any other person could have exercised choice or will, then he must be acquitted. The Court then ordered a recess of thirty- five minutes, after which the Judge, at about half past one o'clock, commenced his charge to the jury, concluding it at about half past four o’clock. Judge Davis commenced his charge b T describing the character of the indictment against the prisoner, which he said was for a crime long defined by statute, but on the 29th of May the Legislature passed a law- altering in material aspects the definition of the crime. This was the first trial under the new law, and the Court had been called •; onto construe it. Prior to it it was well i settled that -where there was a killing with a well-defined intent to kill, thougli that intent arose at the instant of the act, the language of the old statute was:—“Such killing * * * shall be murder in the first degree * * * when perpetrated from a premeditated design to effect the death of the person killed, or of any human being.” The new statute, materially differ¬ ent, reads, ‘ ‘ when perpetrated from a de¬ liberate and premeditated design,” &c. The elementary books speak of intentional murder as deliberate murder and presumed from malice, deliberation and intention. But he thought the intention of the Legis¬ lature was not to go back to that view-, but might be elucidated by the other provisions of the statute. It transferred what was be¬ fore murder in the second degree into mur- • der in the first degree, and created a new j; second degree of murder in the second de- * gree, and the draughtsman seemed to have desired to intensify it in the separation of murder in the first degree. It is defined to be “when perpetrated intentionally, but 68 THE WALWORTH PARRICIDE. ■without deliberation or premeditation.” Deliberation and premeditation were mat¬ ters of fact to be decided by a jury and not | by the Court; but in deciding on these facts the jury must use their knowledge of human nature in its varied aspects. In this case the people claimed that the state of facts complv.ng with this statute existed. lie should briefly review the facts alleged on either side. It was claimed that motive, the impulsion to crime, was shown in this case, in that the father’s violent and bad conduct to¬ wards the prisoner and all his family was so bad as to lead to the contemplation of a crime like this. If the jury could sec that such a state of circumstances existed as that the idea of relieving himself by an act of crime was presented, the jury may find there was a motive. Tire prosecution claim¬ ed that through the bad conduct of the de¬ ceased, his persistent threats and letters, a state of mind arose in the prisoner looking to the relieving of himself by the death of the deceased, if no other means could be found. Such circumstances have a double aspect, and the people claimed that because this man had abandoned his claims as a father, and had heaped this violence and abuse on his wife and the prisoner, the jury might fairly infer a motive. They went further than that, and showed that subse¬ quent to the offer of a visit to Europe he re¬ ceived the last letter from his father; that this letter presented an obstacle to his visit to Europe, and that he thereupon meditated some means to relieve himself and his moth¬ er from the monstrous attacks of his father. On Sunday it appeared he wrote to his uncle. This letter showed that he had accepted his uncle's offer, but then goes on to say his mother's position is not safe, as it is, and announces his intention to visit his father. From it might fairly be inferred that he had accepted the invitation and this letter had come as an obstacle; that he had been thinking over means to remove that obsta¬ cle and had resolved to sec his father to sec if that obstacle might not in some way be removed. So much was fairly infer¬ able. How, the people claimed that he rose next morning looking vdry pal i, to bis friend, borrowed $15 anc ?i Hew York, and that he preparec li by taking a loaded pistol. The il clearly showed that lie went fi t father's house; that it was on e gestion of the boarding house 1 p wrote the note in evidence. It was claimed by the prosecutii tli these were steps in a deliberate m either to shoot his father or obtciv factory settlement of the family difi lit obtaining a promise not to annoy h to or if that were not given then t d( him. It was claimed that this v a out by the coolness of the prisonc n a full knowledge of the nature < tl and its consequences in his sen< g policeman and his statements t tin geant at the station-house. The Igi read the testimony of the sergeant! These declarations, coupled wit tin vious steps, were, it was clainn m which shed light on the intent i< prisoner as set out by the prqsdn pecially when coupled with the gntj to his mother and family, the t eat dangers to his mother and hiielfj posed by him to exist. On the part of the defence it asi that the sum he borrowed was tot I equal to his fare both ways anone expenses; that he expressed to is and to Mr. Ainsdell, and in a css( his mother, his expectation of rural Tuesday; that he went to his diet dence direct to make the conti p!i rangement at once with him anrea same night to Saratoga, and thill® ledge of the consequences of th act J killing of his father was not atill.j tent with such deliberation. iMj jury to decide which of the twepifl were to believe. Heverthelcs.th® remember that it was upnaturabs^ such a purpose as the prosecutn <4 nor were these declarations voUj sistent with the alternative pmosej by the prosecution, and of wlitiflf hope to effect the milder jilMB Nevertheless, if there were ar THE WALWORTH PARRICIDE. 69 jim the question the prisoner was en- i' o it. The prosecution were bound l; e out the fact of deliberation and n [Ration beyond reasonable doubt, i hey were satisfied either of the posi- i cnt to kill or of the alternative reso- > 1,0 kill if the father did not make a sfitory arrangement, the fact was made whin the definition [of murder in the h brought him to the consideration of ■(]• in the second degree. This, under sjtute, was a killing with intention, Uhout deliberation or premeditation, ui it be a swift intent, formed on the r :f the moment. Formerly this was re; in the first degree. It required no mlitation at Saratoga, no deliberate bout to kill the father, but merely that da they met something sudden occur, r . his father’s manner of action roused aiiasty, sudden, instantaneous determi- ic to kill. Whatever the deceased's >e ance toward the world, his character, s>wn by the evidence before them, a l his wife and children was despicable ol description. According to the d.ce, lie said, for they could not have (ceased before them to explain the let- 3 , ; they were capable of explanation, n public should be careful to remem- 1 id Judge Davis, what they are very nto forget, and it is what the general )1 are very apt to do, that in the eye of w all men, without respect to their ic ion of character, bad devices, or their r: or physical nature, are under the pro- ti l of the law. The same shield that is ■r lie bad is over you, and each of you; n; by your bedside at night and in all ulomestic relations; in those, too, who - ] rest in their lives. The genius of the v otects every person, however humble nybe. It is a wild and foolish notion itiji man may be called to have his n laid open to show up his character d is pursuits in life, for the purpose of ia .ig a public sentiment that he was so d man that he ought to die. I nay that is did notion of justice has no approval f administration of either truth or law. It is proper and just for you to discard from the consideration of this case the notion that Walworth was not fit to live. The Judge who is to determine this does not sit in this Court nor in this jury box. He de¬ termines this question by that which you and I do not possess—an infinite knowledge and an omniscience that reads every soul and finds truth wherever it is. The law upon this subject has been well expressed by Chief Justice Davies. (This opinion was read by the judge.) The evidence in the case for the defence might be specified as of a twofold character. First—That the prisoner at the time of the alleged crime was outside of the law, be¬ cause he was insane. Second—That the act of shooting his father was prompted by- self-defence. That, with the exception of the one just alluded to, as to the character of the father, which was no law, covered the points of the defence. Taking the second first:—As to self-defence, its right is a natural one and recognized by law within certain limits. This was claimed to be justi¬ fiable homicide under our statute. The statute recognizes excusable or justifiable homicide, four grades of manslaughter and two of murder. It does not recognize dis¬ tinctly parricide or matricide. The crime is one likely to produce horror, but the law only recognizes it as homicide. The Judge then defined justifiable homicide, and said that threats against an absent person do not justify such homicide. The only ground on which the threat against his mother could have any weight was as they gave point to his fear ; for himself. TTo quoted the People vs. Shorter as laying down the true rule that the appearances must be of immediate attack, intended and imminent danger. It was forThe jury to determine whether these facts existed. If they did the party was en¬ titled to a verdict of acquittal. In this case they had really nothing as to the real trans¬ action at the time of its occurrence but the statement of the prisoner read before the Coroner. That was this“I am guilty of no crime. My father treated my mother very cruelly, incensed against his father. * * * He wrote among other things, ‘ Z. 70 THE WALWORTH TARRICIDE. will defeat the damned scoundrel in his grave.’ He had just before put his hand up to his breast as if to draw a pistol. I fired. * * * lie closed rapidly on me, and had his grasp on me when I fired the last shot.”' This was his own statement, and they were to presume that it was as favorable to him¬ self as the truth would permit. (The Court here repeated the incidents of the morning from the time the j .. i,was waked to the time that deceased entered.) What oc¬ curred in there was not overheard. It was for the jury to fill up this bare skeleton. The evidence tended to show that no pistol was drawn. Nothing was found upon the deceased except a small bunch of keys. There was then no real danger, and nothing done to justify the drawing of a pistol. It was, however, for the jury ^to consider whether the father did anything to give the prisoner a right to say that the father was about to draw a pistol to shoot. The Judge then explained at length that the prisoner invited his father to meet him, and that that very much modified the expecta¬ tion of danger. The jury had a just right to inquire whether there was strong and aatisfactory evidence that the prisoner was placed in such a position as to take steps to justify death. But that is as far as the rule ought to go. intensified by their coming before th ] in the shape of an avalanche. T point for the jury to consider wa.i effect these threats had upon the 1 « the prisoner. That was the only pi t the jury to consider. In relation to the degree of insamt e it must be satisfactorily shown, ac x to a recent decision of a higher Cou I he had not li.c capacity to ur.dcrstaii lie was doing, and did not know w a did it whether it was right or wrom 1 Judge amplified on this point and tlilf eluded by a recapitulation of th n points of his charge, and directed t j to retire to their room. When the charge was conclud ■ O'Conor presented a list of requ s charge, which tire Judge had passe at and requested that they be now iia in the charge. One was that the fee tion must prove that of the founi; shots fired, Walworth was killed first one fired, and not by the otliclo which might have been fired by aclei but this the judge declined to do. The jury then retired. The letters might be devided into two series—the first of which were written in 1871, and they were addressed to the prisoner's mother. They were all written in the month of July, 1871. They all relate to matters relating to the execution of cer¬ tain legal papers, although they were all vulgar, dirty things. The jury was to con¬ sider what was the purpose in writing them, and also the motives that actuated the use of threats. It was right to say fTiat these threats were in violation of the law, and that the deceased could have been arrested and bound over to keep the peace. The matter complained of in the letters was ul¬ timately settled, and the delay in settling was occasioned by the illness of the priso¬ ner's mother. The next series of letters were in 1872 and contained similar threats. The effect of these letters was very much XI. THE VERDICT. The jury retired to their room aiibo thirty-five minutes past four o’clki Wednesday afternoon, July 2, 13, charge of two officials of the Cour Tl Judge-, lawyers, and officers of tlujM generally, left the Court house, and ifflj ous speculations were indulged in f tl spectators of the trial as to when t j«( would return and what the verdictfofl be. At about a quarter past eight doc| Judge Davis came into Court. IjtXl behind him came the Sheriff’s office hoj to them the prisoner, his cheek li#l blanched, but his head still erect; ehio him the mother, on the arm of tl Clarence A. Walworth, and followiifthl THE WALWORTH PARRICIDE. i. Hardin and liis mother and the re- i r relatives. Little Tracy, the young ii, threaded his way cheerily among ter humanity, clambered over his k's knee and took his seat beside t the jurors dropped into their seats, ,/sistant District Attorneys Rollins ] on appeared in their places. Mr. i came in and took position at Iris I v say you, gentlemen of the jury?” I r. Sparks, the Clerk of the Court, ailence that was oppressive. “Have taied upon a verdict?” Vhave,” replied the faint voice of the ui most intense suppression of breath- ,v; noticeable throughout the court ]. The prisoner's face blanched and in as white and as rigid as marble, noher put her hand to her breast and 1 er head intently towards the jury, • cer her face, hope, fear, doubt and si chased one another in a rush of nsimotion. Ic Lemon of the jury,” continued Mr. .s, ‘ stand in your places.” e jy rose up. rimer stand up.” eying man rose instantly as erect as a al turned his face rigidly towards wye men who held his life in their "remen of the jury look upon the nei 1 Prisoner look upon the jury, sajrou, gentlemen of the jury? Do nclie prisoner, Frank II. Walworth, y not guilty of the crime charged ist m?” mi a—Guilty in the second degree. rk-Of what—of murder? nr l—Yes. rk How say you then? You find the mr ailty of murder in the second de- mu iot guilty of murder in the first e?» " f< :man nodded his head. ’° £> you, all of you?” e w >le twelve nodded their heads. 2 pi oner received the blow without a n change of countenance, and when, at a nod from the Clerk, the jury sat down, he, too, resumed his seat and listlessly loosened his necktie. His mother turned toward him one look of affection, and as his wearied eye caught hers she turned the look into a smile, to which the prisoner wearily responded. The rest of the relatives sat around, unde¬ cided whether the verdict was a triumph or not, and little Tracy, the novelty of these strange proceedings being over, rested hig head upon his brother’s arm and gave way to sleep. Mr. O’Conor, after a short consultation with Mrs. Walworth, asked that the sen¬ tence be deferred until counsel could file a bill of exceptions. Judge Davis, after some discussion, agreed to give him until Satin'- day, and adjourned the Court until that day. The prisoner was then taken into the anteroom, and soon afterward was returned to his cell in the Tombs. XII. TIIE SENTENCE. Soon after the assembling of the Court, on Saturday morning, July 5, District At¬ torney Phelps slowly rose in his seat and addressed the Court as follows: “ The trial of Frank n. Walworth for the murder of Mansfield Tracy Walworth hag terminated by a verdict by an impartial jury of' murder in the second degree. It is my duty, and I now move that the Court pass sentence upon the prisoner in accordance with the verdict pronounced against him. n “ Walworth, arise, ” said Sir. Sparks, the Clerk, as soon as the District Attorney liacl taken his seat. Young Walworth did as bidden, looking Mr. Sparks steadily in the eye. I “What have you to say, ” continued Mr, I Sparks, “ why judgment of the Court shouldj not now be pronounced against you accord¬ ing to law?” Walworth brought his left hand, which had been hanging by his side, up to hifl 73 THE WALWORTH PARRICIDE. face, straightened himself back and moved slightly from his position. Not a word, however, came from his lips. Judge Davis, as if in doubt whether the prisoner intended to say anything, waited fully half a minute, and then proceeded to pass sentence. At times his voice trem¬ bled, and once or twice it seemed as though his voice would choke in the depth of his emotion. He spoke as follows;— “Walworth, I have never been called upon in my life to perform a more painful duty than the one which devolves upon me now. After the trial in which you have had the benefit of counsel not surpassed, if equalled, in ability and learning, and of a jury selected substantially by yourself, you have been convicted of the crime of murder in the second degree. The punishment of that crime is fixed by statute. No discre¬ tion is left to the Court. It is severe, but as the Court deems your case it is none too severe. It separates you from your friends and your family and consigns you for life to the State Prison, from which you probably can have no hope of escape unless, possibly, at some future day, through Executive clemency. The evidence in your case, in my judgment, fully justified the verdict ” which has been rendered against you, and I have fearful doubts that it would have justi¬ fied a verdict of murder in the first degree, for I cannot conceive what motives you had in preparing yourself as you did with a pistol loaded, coming to New York, seek¬ ing an interview with your father, and al¬ most immediately shooting him down, ex¬ cept upon the idea that you had deliberately determined that his life should be termi¬ nated by your hand. J hope, however, that the Searcher of all hearts can perceive from your conduct that you were not animated by that premeditation and deliberation which the statute now requires to constitute the crime in the first degree. “The duty I am to perform is rendered ■•doubly painful by the fact that you belong to a family honored and distinguished both in the civil and military annals of your . ceuntry. Your grandfather on the one hand was, as has been truly said by your counsel, for a long time the chief equity this great State, and he left a r purity and integrity and for all tin virtues that advance and elevate lna to none who have adorned so high; And, on the other hand, a grand the mother’s side fell nobly fighti;: country on the field of battle, a< record of which all his decendant. proud. It is with grief that I feel express my soxtow that the the n those great and distinguished i should not have restrained you : commission of such a crime as that you are convicted. Your poor mo! indeed, great cause to x-egret her] to the father whom you have si a also undoubtedly, had great can ' not aggrieved merely, but ashamia dignant at the long course of oir§ ward her and toward his family ;u as he was, you were not to be tlm of these wrongs. ‘ ‘ He had done nothing to forfe aj even to the laws of his country, ai 1< all had he done anything to for£e i at the hand of his own and (d When I look back at that moment lie constituted yourself his execute slew him in that room with no o|fl but yourself, I cannot but feelffl death must have been more horriot thousand deaths in any other fort C by you to your presence, apparenffl purposes of a peaceful interview toj family difficulties ^invited to a st:s room and apparently almost instiM fronted with a weapon of death i W son's hands, what thoughts mustava cd upon him at that moment"^ found that the person whom helps ed had coir e to him for the pao*! peaceful arrangement — what i thoughts must have rushed uponUM he received the leaden mcssengcfofJ in his bosom from the hands olu« boy? I shudder when I think oft, 1 think you ought to devote younjohl a repentance such as God only ;i: - ^ for so horrible a crime. ThesenMI Court is that you be imprisoned ju® THE WALWORTH PARRICIDE. 73 ri n at Sing Sing, at hard labor, for the Term of your natural life/’ Troughout the delivery of the sentence prisoner looked all the while steadily at c udge. Not a tremor of emotion did he i e from the beginning to the end. It a; he same throughout the circle of his ani y attendants. There was no show of eeiig on the part of any of them. Jerybody looked on astonished. The iremned young man after the sentence ipqe to his mother, then shook hands with lis'ounsel and some of his-friends. Then u Seer took him in charge, and conveyed linjio his quarters in the Tombs. XIII. ON TIIE ROAD TO SING SING. (I; Wednesday morning, July 9th, at ib®t half-past nine o’clock, Deputy Sheriffs Shi ds, Cahil and Ridgway passed the en- ra :e gate to the Tombs. In the lobby, ■atide the inner gate, were groups of lad s, who had evidently expectecl to find a :ea j admission within the walls. This litt excitement w T as caused by the circum- sta;:c that a cluster of convicts were to tea• the Tombs for the Sing Sing Prison. Shitly after the entrance of the Deputies a n;nber of prisoners, who had been sen- tcn;d to Sing Sing for various terms, were ai cuffed in a line. Their names, crimes, anJsentences are as follows: r omas Friery, 20 years of age, convicted if irglary and sentenced to four years and six ionths’ imprisonment. I'illiam Jones, 15 years of age, burglary iintiscape from prison, four years and six mollis’ imprisonment. 1 trick Halleck, burglary and assault, ser need for five years’ imprisonment. oraham Grenthal, for grand larceny, one an a half years’ imprisonment. Isepli Mullen, burglary, two years and fiv! nontlis’ imprisonment. iancis Gillen, for murder; sentenced to im isonment for life. After the prisoners had been handcuffed in a continuous string, Mr. Shields pro¬ ceeded to search them. Nothing was found in the pockets of any person except Gren¬ thal. That gentleman had a six-bladed knife and a snuff box in his breeches pocket, which articles of vertu were taken by Mr. Shields. In his coat pockets ivere six French rolls, of which he was also dis¬ possessed, the Sheriff saying that he would find plenty to eat in Sing Sing. Meantime Walworth was lying in cell No. 7 enjoying the luxury of his last shave by an experienced barber. He was dressed in a light suit throughout, the clothes being the* same which he wore from Saratoga when he came on the fatal* journey which ended in the death of his father. As he lay on the bed he smiled sweetly as of old, and seemed to have no fear of the life into which he was about to enter. Just as the barber finished his manipula¬ tions, Mrs. Chancellor Walworth, the grand¬ mother of the prisoner, arrived, accompanied by a colored maid servant. Walworth kissed his grandmother, and shook hands cordially with the maid. The two women entered his cell, and an animated conversa¬ tion ensued. Shortly afterward Mrs. Mans¬ field Tracy Walworth and her younger son arrived. They, too, entered the cell of the parricide. At twenty minutes to ten Sheriff Brennan and Mr. Judson Jarvis entered the con¬ demned tier. Then it was announced to Walworth that the time for departure had come. He kissed his mother and grand¬ mother, and stepped quickly from his cell. That which was particularly noticeable was that there were no indications of a scene on the part of Frank Walworth, his mother and grandmother. If there was any feeling it was suppressed; the tears and the grief- marked countenance were wanting, and the parting showed no more signs of sorrow than if it was of a pleasant description and only for a time. An opening had been reserved for him between Gillen and Jones, the first of whom ended the line on the left. He saw the opening and took his position with- M out waiting for any direction from the keepers. His mother followed him from the cell and stood in front of him. As the handcuffs were being adjusted to his wrists Deputy Sheriff Shields passed his hands around his clothing to see that he carried nothing away with him that was forbidden by the law. His lips quivered and he evinced the first sign of emotion. The bracelet was adjusted to his left hand, lock¬ ing him to Gillen. He was still trembling. Then he looked up and met his mother's eye. A smile was on her face, and it called forth a response from 'Walworth. From that moment he gave no evidence of any emotion whatever. He was the same cool, collected man- of the world that he had been ever since his arrest. The smile upon his face and his apparent indifference to his fate was the same kind of defiant bravado of law that characterized the unquestionably more hardened criminals, whose way @f life had been from their childhood, almost, in the paths of crime. As the prisoners were about being con¬ ducted to the prison wall an elegant basket of flowers was taken to Walworth. The colors were variegated, but the ground¬ work was white, and the monogram F. W. was beautifully worked in red in the ground¬ work. To the basket whs attached a card which read: “Mr. F. II. Walworth, with regards and sympathy, Yours, E. W.” ' The card was taken by Frank, and Mrs. Walworth took charge of the flowers. The prisoners were then marched from the Tombs to the prison van, by which they Were taken to the Forty-second street depot. Walworth had a pocket full cf segars, and he gave one to each of his seven compan¬ ions. Thus, as he afterward said to a re¬ porter, “the smoke neutralized the bad odor of the prison van, and the prisoners reached the depot in comparative comfort and safety.” All the ladies and officials immediately left the Tombs, taking their last farewell look as Walworth stepped into the van. Mrs. Walworth, as soon as the van started THE WALWORTH PARRICIDE. from the prison, took a Fourth avenu u for the depot. She arrived there b>ij her son, carrying the basket of flowers 3 purchasing a ticket for Sing Sing, took gi seat in an ordinary first-class car. The string of prisoners, as soon, as % arrived, were conducted to the smoking 3 where they were accommodated with jj seats. It was soon noised about the d J that Frank Walworth was on thel0:40'fl for Sing Sing. The result was that fry other car was emptied, • „nd the passers flocked to the smoking car to have a lo< at the lion of the hour. The car was f ly packed, and for a time breathing wait* most impossible. To a reporter, wlnn eompanied the party to Sing Sing, and » sat immediately behind Walworth, thut ter said it was amusing to see the an ty on the part of the crowd to see a man 10 had been victimized. “It don’t seem to annoy you much, 'd Walworth,” said the reporter. “No,” he replied, “I hope we Shall# the car cleared oTthe crowd 60 on, anive shall get some fresh air. It is the wa of that I have felt-the most.” “The Tombs is a long way from healthy; and I thought this morning, went in from the fresh air of the stre 1 could snuff the mouldy dampness of1« walls.” “I don’t suppose,” replied Walw V “that it is the unhealthiness of the Tow though it is not a very healthy place, lieve; but I have lost fourteen poixi in weight since I went in there. I had « accustomed to a good deal of outdoor epi cise, boating and similar occupations, illl was in excellent health.” “You were well treated in the To>s*.| had not much to complain of, had you? ■ “No, I was well treated. I foundba Warden very fair and considerate.Olj course, it was not like being outside, are a prisoner, and it is just as well member that and make up your min N it.” Did you mix with the other pris much, so as to know anything of thej their character!sties?” l 1 1 on- re* risers; tlu or THE WALWORTH PARRICIDE. • es, I found those whom I got very in- a: with very decent sort of fellows. I a there is a great deal more good in n als than people generally suppose, its my conviction after a short experi- e Of course, a fellow feeling makes us d hut, even allowing for that, I think res a love of fair play and a general de- 1 ' he sociable on the part of the men i n't help to make one feel very kindly a s them. .t :ngth the train moved from the depot, [ t,3 suffocating crowd dispersed. Many •e pntributions from other trains, and •n he whistle which announced the de- uj sounded, went out of the car. An an sense of relief came over the occu- tSi f the car. Mr. Judson Jarvis said, e vill have a little air now, at all ntr - ittill, although the car was vacated, stijit along the road was lined. ‘ 1 There s,’;‘That’s Walworth!” was heard on U des of the train. The only effect m te parricide was to make him smile he iriosity of the crowd, he ar reached Ilarleni. As the train ere< a large crowd was seen on the ge. Walworth said: T1 re must be a race there, to draw cri’d.” Ai you fond of rowing?” asked the ortd lys fond of all athletic sports,” xvas .nser, “but base ball is my specialty, ive |id more experience in that than in hii else. I have been banned about hu generally in tliat. In boating I sating, and I think I can manage a bop as well as the best of them. I have i Ought up to exercise myself in every po ble, and I believe that is the way. finji man up.” he andcuffs on Walworth’s hands led o trouble him exceedingly, but 11 tl reporter spoke of them he said, 8 mi qct ; © Thl: are the first cuffs I ever had on per iration did not affect the starch lem This was overheard and a general laugh followed. At this point a letter was handed him by the conductor from his mother. It was a short note of about ten lines. He read it, smiled, and said: “ I have a good mother, and I would die for her if necessary.” The inevitable nuisance of railway trains —the prize candy boy—came along. lie left a package in every seat except the seats of the convicts, and as he passed Walworth and Gillen, who were sitting together, the former said:— “ I never realized the advantage of hand¬ cuffs before. I have often wondered if I could go in a train without being bored by these candy boys. I have done it this time, but I assure you it is the first.” Walworth was seated on the right side of the car, and consequently lost the view of the Hudson. Speaking of this, he said: “ I have seen the Hudson often enough, and am going where I shall probably see more of it than I wish. It is a beautiful river; and, speaking of the Hudson, do you see that I have the same clothes on that I wore when I came from Saratoga, the last time I traveled on this road? Then I came down in a palace car; now I go up in a smoking car to State Prison. But, after all, what does it matter? I have done what I deemed to be my duty. If I have erred, it has been an error of judgment, not of the heart. I thought I was doing right in pro¬ tecting my mother, and I think so now.” A gentleman who wore blue glasses passed. He stopped for fully two minutes and gazed at Walworth. Frank said: “I will bet that man will come back again to look at the menagerie.” He was right. The man did return, and stood at least two minutes more. Then he went away, and Walworth, with a half sigh, leaned his head against the window, and said no more for half an hour. At length at Tarrytown he roused him¬ self and said: “This wind is nice. Do you know I like the trees and all things green. We arc getting among them now, and the only consolation I have, except that of hav- THE WALWORTH PARRICIDE. 76 ing done my duty, is that I shall have plenty of green things and the dear old Hudson to look at in Sing Sing. You may think that I am going to give way when I get there. You will find yourself mistaken. I am happy wherever I am—that is, so far as circumstances will permit.” Gillen, to whom Walworth was attached by the handcuffs, is under sentence for life for the murder of his wife. They had quarrelled and she had left him. lie "met her one day on the street, and inflicted a number of stabs upon her from which she almost instantly died, ife plead guilty to murder in the second degree, under the new law, and sentence for life was passed upon him. On his way to Sing Sing he said that lie never intended to kill hiswiie; that on the morning after the murder he realized what he had done. He had been drinking for some days before, induced thereto by his wife’s infidelities. He attributed his wife going astray from the paths of virtue to the miserable salary she received as a milliner in a dry goods store, and said there were thousands of work girls who did the same. He manfully acknowledged his guilt; said that he had made the suggestion to his counsel that he should plead guilty to the murder of second degree, and he was quite prepared and willing to take the con¬ sequences of that plea. In his straightfor¬ wardness, his lack of flippancy and his re¬ spect for law he contrasted very favorably with Walworth. At length Sing Sing was reached. At the depot there was considerable excitement on the arrival of the train. There was a crowd at the station, and it was increasing in num¬ bers. Walworth looked at the gloomy walls of the prison with a sober, but not sad gaze. He said: “Yonder is my home. I only hope I shall be able to get a swim there once in a while.” When the train had been stopped, Deputy Sheriff Shields said: “ Boys, we will ■ last drink before you go from your li I The men, handcuffed together, wer J to Daly's Phcenix Hotel, where th- ] their last drink, previous to enterin; i] their weary and long imprisonment. ] got through, deputy sheriffs, prisonc i a few friends walked down the rr track to the prison. In the privat 1 of the Warden was Mrs. Walworth, ' it for her son. Frank was allowed t 4 the rest of the convicts to greet her, d spent a few moments in conversatio 1 her while the other prisoners were ii the usual particulars respecting the::! at the desk. Finally his turn came, id left his mother to answer the clerlqi tions, which he'did, somewhat in a )[ and joking manner. The parting l mother and son was characteristic. 1] were no signs of grief; there was : 1 and tender farewell. There was the nt and most well-bred kiss, a single sffc the hand, and Frank joined the bn group. Accompanied by the Doctor, tl (j convicts were taken to the dressin ro There they threw every article of d «st had on into a basket, which was ] cci the centre of the group, and the; pu! the “striped suit,” which is the :cu wear of convicted prisoners. Mle was going on Walworth was as g fli of the crowd, and seemed rather 4 the novelty of the thing. By and b« the dressing room with the rest, act them having a towel and comb in >l« and each of them went to theirfW cells. His cell is No. 57, on tl Sit tier. He is to go into the shoe si \ !j to learn enough of the trade to 1 become chief clerk in the stock dertaj where it is supposed that his cducioM admirably qualify him for so uDi# trust. THE WALWORTH PARRICIDE. 11 SKETCH OF M. T. WALWORTH Mssfield Tracy Walworth was born -■ci 3, 1830, being the son of Reuben -f: Walworth, who was for twenty years ^ hief Judge of the Court of Chancery tl State of New York. J.neellor Walworth lived for many years idp to the time of his death at the residence no n as the ‘ ‘ Walworth Mansion, ” at Sara- ,.T f Springs. Tlie mansion is situated on m.' way, in that village, about a mile from ie incipal hotels. It is a plain, unpretend- ig j'd building, almost hidden from pub- c laze by magnificent elm trees, and assises nothing attractive in appearance, heihanccllor acquired the reputation of a an if high honor and integrity in public fe, put he is said to have ruled his house- ld.vith a rod of iron. He was a strict 'resyterian, and in the gloomy family nr the Puritanical ideas which found rein the days of our grandfathers were noy enforced. The two sons of the haliellor, the deceased and an elder rover, who is now a Catholic priest in lb y, spent their childhood in this lociy old house and under this Puritani- al le. Boys who are brought up in this ssim generally become one of two things, heldevelop into sneaks and hypocrites, r r h into the opposite extreme, and by a le f reckless depravity and unbridled njdnent vainly imagine that they are ssejing their manhood. Y mg Mansfield entered Union College t tl; age of sixteen, and graduated two cai after, an exceptionally early age for a oll[;e course. It was while at college that he il effects of the training which he had ceded through mistaken zeal began to hofihemselves. The boy, who when atliome rash-aid to call his soul his own, became he istesfe young man in college, develop- ng .ialities which eventually came to be he me of his life. Y ile at college his father married again, 'is icond wife being the widow of Colonel John Hardin, of Kentucky, a gallant officer, who met his death at the battle of Buena Vista, in Mexico. Colonel Hardin was one of the best known men in the State of Ken-, tucky and wielded a powerful influence. Miss Nellie Hardin, his daughter, was look¬ ed upon as an extremely beautiful girl, so that she was toasted as the belle of her native State. After the death of the Colonel, his widow having some legal business in con¬ nection with her estate to transact, by the advice of friends, had recourse to the ad¬ vice of Chancellor Walworth. The Chan¬ cellor solved the difficulty by marrying the widow and making the case his own, and in an evil hour Miss Nellie Hardin be¬ came an inmate of the same housai Mansfield Walworth. After the marriage of the Chancellor Mansfield returned from college and took up his residence with his father. He was young and handsome. Miss Hardin was sur¬ passingly beautiful, and the Chancellor thought it would be ahappyndea to arrange a match. It does not appear that there Avas any strong love between the young people, but they were married and continued to re¬ side- in Saratoga. Mutual friends wdio knew the character of the bridegroom shook their heads when the marriage was- consum¬ mated, and although they hoped for the best, they feared the worst. The husband and his wife w r ere, therefore, step-brother and sister prior to their marriage, and the acquaintance leading to the union was form¬ ed in the home circle during the life of the Chancellor, when his son and step-daughter were but children mutually dependent on his fatherly care and support. Chancellor Walworth had set his heart upon bringing up his son in the profession of the lawg and after three years’ study at • Cambridge law school Mansfield was admit¬ ted to practice at the bar of New York State, and was subsequently admitted to practice in the Courts of the United States. 78 THE WALWORTH PARRICIDE. The famous patent suit between Erastus Corning of Albany and Henry Burden of Troy, popularly known as “The Spike Case,” and involving a claim of $1,200,000, was referred at this time to Chancellor Wal¬ worth for decision. His son, Mansfield, was apj>ointed the clerk of this memorable reference, at a salary of $5,000 per annum, and for a number of years was constantly occupied in recording the testimony taken and preparing it for the press. The printed evidence finally made a number of volumes large enough to constitute a law librarv. His labors in this suit, however, did not prevent him from indulging in literary pur¬ suits, and w'hile he discharged his duties in the case he also produced a number of sketches and several continuous stories. About the time of the opening of the war with the South, the great suit in which he had been clerk of reference so long abruptly terminated, ne had held the position for, about |ifteen years. Through the influence of his father he was then appointed to a position in the State Department in Wash¬ ington, which he held for some time. Here he went daily to liis work, and was known as a sober and industrious gentleman. Sudden!}-, it is alleged, the proofs were found that he had been for some time using •the means his position in the State Depart¬ ment furnished him with to give secret in¬ formation to the Confederate authorities of what was going on in the North. lie was arrested and thrown into the Old Capitol Prison, from whence he was released as a prisoner on parole and sent to Saratoga, where his father had to send a written re¬ port of his presence to the War Department every day. When the war ended he was released as a prisoner and permitted to wan- der'wherever he pleased. Some years ago, he, with his wife, joined the Homan Catholic Church, but subsequent¬ ly he appeared to have thrown off the re¬ straints of religion altogether, and so far as •the Catholic faith was concex-ned, had written against it. Appai-ently few of those with whom M. T. Walworth had any association knew of the family troubles which finally culminat¬ ed in his murder. Even to his most | mate friends he was very reticient aboi j domestic troubles, and few of his acqi a ances knew of the existence of a skelet i the closet. The general testimony is u outside of his family his deportment i that of a polished gentleman, while a a ber of incidents are given indicative mildness of disposition and goodne < feeling wholly at variance with the com ascribed to him as a husband and fathe His appearance was quite preposses^ and he was considei-able of a favorit j some circles in New York and other cs He was fastidious and proud of his 11 some person and fond of exhibiting hi ei in the streets of our large cities. Wheal best work—“Warwick; or, the Lostlj tionalities of America”—appeared it• ai ed a great sensation, and its author i eagerly sought after and his society co a in fashionable places. One of liis cm speaks of “Warwick ” as the finest ere a of his brain, and as displaying his pee ia qualities in a marked degree, anel ad “He had not what could be called a n mind, but he had a remarkably eleam brilliant one, and if he had lived he w Id doubtless, have attained a considerable a nonce in the ranks of literature. Wis a hundreth part of the genius of Byre 1) possessed in a marked degi - ee many ith latter’s characteristics. Like the great he was haunted by a morbid egotisna Was fond of pai-ading himself and his (H bles in almost every work he gave 1th world. Like Byroxx, he was unhappy hi marriage relations, and this domesticifi licity proved to be the bane and curse hi life.” He was a member of the New *orHia toncal Society and was a fi-equent visi • K their halls on Second avenue. Althga some years ago, he gave promise of aun ing a high position as an orator, j » abandoned the idea and contented hiM with writing addi-esses, which has eel frequently delivered before literary cm ties. ' The following extracts from a H«i written about a week after the murdqjfl THE WALWORTH PARRICIDE. 79 vis Walters, who had been on terms macy with Mr. Walworth, fully ex- hat he was capable of inspiring in very marked feelings of friendship: ne five years ago I went to Saratoga as >aper correspondent, and arrived in jith of August, at which time that ; centre of frivolity and extravagance with adventurers and ultra-fashion- i)m all quarters of the globe. In the ’ a Babel of excitement— dancing, l, promenading, flirting, &c.— cli's novel, entiled ‘Warwick’ pnstrucetd with unique and startling ry) succeeded in riveting the atten- f 11 classes—not only the highly cul- dbut even the most listless and un- ii—so that parlor, piazza, bedroom ogress Park were alike noticeable as 3 jar the ‘Warwick’ readers. As a puce, there was a vast deal of com- iiregard to the author, and he was my pointed out as one of the lions of irgs. In fact, like another Byron, vr.e one morning and found himself s. This was undoubtedly the happi- ril of poor Walworth’s checkered dareer. He was frequently alluded i :in exceedingly gifted, modest and in; * * * In becoming acquainted :3',ral resident families, I noticed, as fat Walworth's most severe and iescritics were the people of his own e. As an instance of the competency a nsors, one young lady, after a very i< s and severe onslaught upon the colly inquired of me who Humboldt Aar reading the book I immediately a ndly notice or it. This soon after tecitlr. Walworth's attention, and he uiin me at the American Hotel. “C' r remember ic have encountered a a g eable, licnest-looking and unas- S an. He was nearly six feet in dendidly proportioned, dressed mulous neatness, and looked you ay the eye when speaking. His cur ’l in short crisp locks under a aa ^ t, and a pair of bright and manly e J e i sparkled with intelligence and Ml<| sliip. Eis nose was well formed, mouth effeminately small, face clean shaved, with the exception of a delicate brown mustache. There was a peculiar look about his complexion, however, which led me to imagine, with many others, that he had once been greatly dissipated. This, I have siuce learned, was an inherited peculiarity of the skin. His chest was broad and prominent, and lie bore himself as straight as a pine. After remarking that I was glad to become acquainted with the creator of Constant Earle (one of the char¬ acters in ‘ Warwick,’) he replied that he felt indebted to me for the friendly notice I had ■written, and laughingly added that some of the newspapers bad slashed him without mercy—many editors having literally fallen upon him tooth and nail. On the other hand, a number of Southern organs had spoken of him as giving jrromise of greater things than any other living American writer. He said he was not discouraged, however, and tlv_/t he had already begun arranging the plot of a Persian novel. I then remarked that the astounding descent of his hero into the ‘bottomless pit’ of the Mammoth Cave strongly reminded me of some of Edgar Poe’s weird narratives. He replied that if he thought he could ever write anything worthy to be compared with Poe he should consider he had attained sufficient glory for any man. At parting lie invited me to call at his house, and subsequently I became in¬ timate with the whole family. Many of the evenings spent at the old homestead are among the pleasantest of my recollections. Often of a warm afternoon we all reclined upon the sward beneath the. shade of the huge whispering pines in the' rear of the house, and discussed literature, philosophy and religion, the little girls and boys often¬ times apparently as much interested as our¬ selves. Inaeed. I never in my life beheld a pleasanter family group than the Walworths then presented. I remember, among other things, Mrs. Walworth’s laughing account of how her husband once roused her in the middle of the night, and told her he had solved the problem how to save his hero from falling into the ‘ bottomless pit’ after he got to the end of the rope. * * * 80 THE WALWORTH PARRICIDE. 11 Mr. Walworth became one of my warmest friends, subsequently introducing me to the Albany editors and writing notices of me himself. Indeed, I was so surprised at finding so much gratefulness in an author (a thing which I have not found of every day oc¬ currence) that I at once expressed my surprise for the warm personal interest he exhibited. To which he* laughingly replied, “Well, I have a considerable amount of the Indian in my disposition—I never forget either an enemj' or a friend.” But a few letters of the deceased novelist, beyond those presented in Court, have come to light since his death. These indicate great literary industry, much paternal rev¬ erence, and an honorable ambition to be¬ come a writer deserving of applause and re¬ membrance. In one of these letters, writ¬ ten from Albany in 1SG9, to Mr. Morris Phillips, of the Home Journal, Kew York, lie says: “I am working very hard—harder than ever before in my life. In ten months Ihave written and prepared for publication over two thousand pages of foolscap, besides writing several hundred letters on biograph¬ ical inquiries, and this in addition to almost daily study of printed authorities and an¬ cient newspapers. My dear friend, don t you hope that I will succeed? I am very ambitious of literary fame, and desire most earnestly that it shall be of that nature that will benefit rather than injure the souls of readers. There is something in my organ¬ ization that will not permit me to seek fame through the medium of the prurient issues of the"press, so popular here and in Eng¬ land. In the book which I have dedicated to you can be found, I believe, no sugges¬ tion of evil to send the blush to the purest and sweetest cheek in Christendom.” In another he writes: “Tiie Boston Transcript economically grouped ‘Warwick,’ 1 Ililt to Ililt,’ and ?Cloud on the Heart,’ and noticed all three favorably in a fifteen line notice. This was very funny. I think it.will soon condense the Lord’s Prayer, Ten Commandments, and the Creed into' four lines, and say them be¬ fore going to bed, to save time, for time is money these days, it spoke well c three books, so we must not complain Another letter reads as follows: Mv Dear Phillips:— I have been studying in my mind h show you some permanent token of i gard for your efficient friendship in ba thus for ‘Warwick.’ I have at last hit something which I think will gratif and at the same time be a memorial, i : a higher order of intellects than tlios ■ read novels, of my regard and grat The life of my first Chancellor (Living: by the approbation of his niece, Mrsil liam B. Astor, is to be dedicated tl The life of my last Chancellor, whose a fame is well known among the Ch: jurists of England, and which life s 1 the fullest and ablest my pen can tra : life of Chancellor Walworth, will bta cated to my friend Morris Phillips, tl every public library of this land andtfi land' a memorial of my affection may n when lam gone. God bless you. 55 friend, M. T. Walwc n In another he says: “My father was Grand Master of isi in this State, being elected Grand 51 er June, 1853, and a most zealous Man was too. I am collecting all his }*B history to insert in his life, as I arifj Chancellor Livingston’s Masonic hist' was also Grand Master of this State. Gllj cel lor Walworth was also a mewbdfj “Ineffable and Sublime Grand I. g Perfection.” Ihave myself been iajj in three degrees of Masonry, and aupm quentiy a Master Mason, and all of eris superb suits of Masonic regalia be len to me. Three of my ChamM Walworth, Livingston and Lansin'-w "Masons, and I shall insert in their rea Masonic incidents I can collect." It is a singular coincidence, jw been taken as an evidence that he h - monition of what was finally to be|U that in the closing chapters of his erary effort, “Married in Mask,” 1|] esies his own end and foreshadowsha “taking off” would be sudden an tr The circumstance is remarkable, indicating, as it does, that lie had:u^J his life, which were, unhappily, grounded. Trials. . T,99146 Vol.21 DATE ISSUED TO -- ^ - • 7 * iq.q \ i* •otet. 2,1