The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-06-27

I aided by about $3.50 received from tho
Walworth estate. While she lvci with
Mansfield T. Walworth he always carried Il
pistol.
A pistol being produced she said 1t orig
lnally belonged to Mr. A. Adams, now
dead, and was given by Mrs. Adams to
Frank to take care of some time In 1870,
since which time he has had charge of it.
Mr.. O'Conor-What were your husbands
habits as to rising in the morning
Mr.. Philips objected to the admission of
such testimony, as being immateria.
Judge Davis said he did not see how II
was important.
Mr.. OConor replied that 1t was impor-
tant for him to show what had been the
lifelong habit of the deceased in this par
ticular.
Judge Davis said he knew that council
waited to show that deceased had been in
the habit of lying in bed late in the morn
ing, and that on this particular occasion he
rose early for special purpose but he
could not see the materiality of this. He
ruled that 1t was not of the slightest ma
teriality, especially as the witness had not
seen the deceased for three years, and that
much time had been spent In such matters
already.
Mr.. O'Conor being finally allowed to state
his grounds for offering this evidence, said
that they had on trial youth of nineteen.
The influence Of habits and circumstances
connected with a mode of life upon per-
son so young and so inexperienced in the
Irregularities of life might be of Importance
in given case. This lad was in tho habit
of going to bed very late. He was awaken
cd that morning by loud rapping and put
his face to the door, leading to the pre-
sumption that he was undressed. His sleep
being broken In that way had, to certain
degree, an influence upon his acts, and had
had an influence upon many things con-
connected with it. They would show In
connection with that, "a one of the unfor-
tunate circumstances of this remarkable
contingency which took place on that occa-
sion, that in addition to his thus being
broken of his slumber and forced into
hasty action, it was most extraordinary
thing that the father should have come
there at that early period.
The court was still unconvened, and ex-
cluded the question. A question as to Mr..
Walworth's habits of early and late rising
was excluded on the ground that it was not
near enough to the time of the tragedy.
The witness then resumed,
The way first found that my husbands
letters had been kept from me was that
Frank gave me a large package of his
fathers letters a few months after the
separation, under my promise not to read
them. Since that Tuesday have found
numbers of the letters in Franks secretary.
knew he was advised to keep them from
me. A few letters were here shown her
one by onel This letter have seen be-
fore know Frank saw it. 1t must have
been received in August, 1872.
@. Did you notice the effect produced on
Frank by that letter:
Objected to.
Judge Davis thought it should now he
offered.
The letter was dated Augusti10, suppos-
ed to be in 1872 and Mr.. O'Connor put it
in evidence together with that dated May
30, 1873, which Frank had sent to his un-
cln onclocnd in bia nu.n Iottor Tho D;e
trict-Attorney not objecting, Mr.. O'Conor
read these two letters to the jury. Frank =
letter is as follows
SARATOGA, n. v, Sunday, 10.
DEAR UNcLE Mother told me of the in
vitation you extended to me to accompany
you to Europe. Having only recently any
desire to visit Europe, the invitation was
particularly acceptable and as | would
have to leave her soon anyway to attend
the Albany Law School, told her, on hei
intimating that you wished an answer in
the morning, that she might say l would
like to go. am of the opinion that il
would be neither safe nor wise to leave
her unprotected against fathers acts. Ii
fact do not think her situation by any
means safe one as it is.
l enclose n letter from father to her,
which l received yesterday am going
down to New York in the morning to try
and see him, and, / may add, without in.
forming mother, for she would feel very
uneasy. My trip will determine any ques
ton in regard to my going to Europe OIL
anywhere else. l shall be heartily sorry
shall have caused you any trouble or ex
pense.
Affectionately your nephew,
+. II. WALwoRTH.
Mr.. TRACY wALwoRTH's LETTER.
May 80, 1900 a. m.-Prepare yourself
for inevitable, am getting over my vast
ing fever. am going to call on my chill
dren. My heart is starving for their cares
ses shall see them peacefully if can,
but with tragedy if must. Keep Franl
Walworth out of my way. You hav,
taught him to hate me. Beware you dc
not rouse the frenzy that is within me,
want to see my children,
There is reasonable way to lead me
Now am going to see my children. l an
a broken-hearted desperate. Save this
letter for your lawyer and courts if yor
please. God is my lawyer now, not TIN
remorseless, brutal God that Eliza Bachu
and c. L. Walworth worship.
NJ. Il. WALoRTH.
Judge Davis said some of the letter nigh
be allowed, but the entire letter he coul'
not admit as evidence.
Mr. O'Conor and Mr.. Beach argued thi
point at considerable length, contendinI
that under recent decisions of the Court o
Appeals the whole of the letters were ad