Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03
Ia TEST NEWS.
BY TELEGRAPH.
The walworth Murder Trial.

The WalVOrth Murder Trial.
New YORK, July 2.
At the Walworth trial to-day, large
crowd was present. Charles O'Conor
concluded his plea for the prisoner last
night, and District Attorney Phelps to-
day argued the case for the prosecution.
He controverted the claims of the de-
tense that the prisoner was affected by
either epilepsy or insanity. Mr. O'ConOr
for the defense then made several re-
quests to the Judge to charge the jury,
including one, that he charge that the
facts as proven do not show deliberate
purpose to murder; that if the accused
believed the deceased to be desperate it
initiates against the the theory of muir
der in the first degree, and il the act
was the result of terror it was not MUIR
der in the second degree. That as four
shots We're fired the prisoner was only
conscious of firing three, anda no proof
is given which of the four was fatal,
the jury must acquit; that if he was in
state of epileptic insanity, he was not
responsible, and if he was in a state OF
terror which overcame him the Jury
must acquit without delivering a charge.
THE DISTRICT ATTORNEYS ARGUMENT.
In the course of his argument the
District Attorney said the prisoner was
taught from his boyhood certainly not
to love his father. He regarded himself
as the only protector of his mother, and
his mind filled with wild thoughts, no
wonder that he was at times silent and
distracted. After a silence of six
months this boy receives another letter
and reads it. During this time his uncle
writes him to accompany him to Europe.
He sends the last letter Of his father to
his uncle, with one of his own, which
has been read. Of what does this letter
tell ? 1t tells of deep intent formed,
and we know that it has been accom-
plished.
JUDGE DAVIS CHARGE.
After defining murder in the first and
| second degrees, Judge Davis continued
Whatever deceased's appearance to-
ward the world, his character, as shown
! by the evidence before them towards his
wife and children, was despicable be
You'd description, according to the
evidence, he said, for they could not
have deceased before them to explain
the letters, if they were capable of ex-
PLANTATION but the jurors must remem-
Der that all men, whatever, without re
gard to their moral or physical char
acters, their habits or deserts, were
equally under the protection of the law.
The wild notion that they might open
the grave of the deceased to show that
he was so bad he ought to die, must be
entirely discarded.
The Court then read from a charge of
Judge Munsel that the testimony of bad
character of a deceased person could not
be regarded as any justification for his
death. The lowliest men were under
the protection of the law equally with
the highest in the land.
1t may be that Walworth was unfit to
live, but the judge to determine that did
not sit in this seat or in that jury box :;
the only one to determine that was the
Almighty and Omniscient Judge. The
defenSes were two-fold: First, that the
prisoner was at the time insane second,
tl.o+ bn ooted In self defense. The sec
ond he proceeded to consider first, and
warned the jury that there was no such
crimes known to law as parricide, or
matricide, or fratricide, however well
the names might be used in common
conversation, nor was this Court to take
iuto consideration the laws of ancient
Greece, or Rome, or China, where
special laws were enacted for the punish
ment of those who killed their parents.
In the eyes of the law this crime was
homicide and was no greater than the
killing of a stranger; therefore the same
rules were to be adopted as in a trial for
the killing Of a person other than his
father, and the prisoner is entitled to
the same consideration in regard to the
question of justification.
His honor charged, however, that the
jury should not regard fears which the
prisoner entertained for the life of his
mother They could not be regarded as
any justification of his crime, and they
should only regard those fears which
were personal. The law did not make
it justification when the killing of a man
was done through fear that the life OF
another was in danger.
They could, however, consider whcth-
er the fear that his mothers life was in
danger, did not give point to the fear
which he entertained for his own life on
the meeting on the morning of the 81
of June.
VERDICT OF TIE JURY-MURDER IN THE
SECOND DEGREE.
Judge Davis concluded his charge at
half-past four, having occupied little
over three hours in its delivery, where
upon the jury retired. The prisoner
was then removed into an adjoining
room, where his friends surrounded him
and awaited the verdict At S:25 this
evening the jury returned to the court
room, and Judge Davis was sent for.
On his arrival the roll was called and
the jury were asked if they had agreed
on a verdict. The foreman answered,
"We have. We find the prisoner guilty
of murder in the second degree"
The silence which was preserved from
the entrance of the jury remained un-
broken for several minutes after the YER
dict, neither the prisoner nor his friends
uttering a word.
Mr.. O'Conor then whispered a word
to Judge Davis, who announced that he
would suspend sentence until Saturday