, 1873-07-03
Termination Of tho Trial Of Frank
EValWorth.
The Young Parricide Found
Guilty Of Murder in the
Second Degree.
Charge Of Judge Davis to the Jury---
No Such CrimO as ParriCile.


HFEE'"| DFsNhtHH 70 rae GR]GHfo 1TlcMne
NEW YonK, July 2.-Tho final scenes in tho
spectators In attendance up to tho adjournment
OF tue Court. Tho summing TIP aJlroas for tho
people and tho Judges charge woro listened to
with profound interest. Outside tho building
"oro gathered thronga Of people, who could not
obtnin admission to tho Courtroom. It il noto-
worthy that tic summing up on both silos hns
boon characterized by great moderation Of topo,
coupled with plain, oloar presentation Of the
case, from thoir respective stnndponts Tho
most critical can find little to connuro In
tho course pursued by tho counsel on
oithor aldo in this remarkable trial. The
Judgon charge was 1nado at half-pass o'clock,
Ind tho caao was submitted to tho jury, who
then retired, and Boon returned with verdict of
"m11rder in the second dcgroo."
Tho largo crowd OF spectators, who had waited
tho result, received tho announcement without
surprise, aa all Ind boon led to expect this dcci-
sion from the tonor Of tlo Judges charge. Tho
sympAthlos OF tho crowd seemed to 10 with tho
prisoner. There WIS strong manifestation OF
approval.
t7b the Associated frcss.]
NEW YoRK July 2.-At the Wa}worth trial TO-
day large crowd WIZ present. District After
ney Phelps, In his argument for the prosecution
controyertod tho c1ain,s Of tho delos1so tint tho
prisoner WAS Affected by either epilepsy or in
sanity.
ME.o o'Conor. for tue defense, then made sovoral
requests to the Judge to charge the jury, i'll
Guiding ono that he Charge that the facts, as
proven, do not show deliberate purpose to
murder; that il the accused believed tho DO
ceased to DO desperate, it milisatca against tho
theory Of murder in tho first degree, md if tho
. In the .Hocond dogroo that as four shots were
flred, and tho prisoner only conscious Of FIR
ing thrco, and as no proof is givcn which of tho
four was fatal, tho Jury must acquit that If ho
responsible, and il ho was in a Btato of terror,
which oyorcamo him, tho Jury must acauit,
Without delivering charge, tho Courtsstoo1 q
rocess.
wore satisfied from tho evidence that young Wal
worth came to Now York with the intent to mur-
dor his fnther, thon tho crino waa murder in tile
first dogroe; but If tho crime we're committed
in sudden mannor. in On instant, then it would
continuing, said TINT tho dcfeneo iiitorpoaoi
was twofo1d; that tho prisonor was
insunc ut tho timo Of tflo aot, and
aeestondiy, that the got WIS done in
slider first, md warned the jury TINT there wero
no such crtrnea known to law as parricide, or
matricde, or fratricdo, howovor we'll the mines
might DO used III common convorsaton, nor was
this Court to tnko into consideration tic laws Of
cial laws wore onaoted for tho punishment Of
those who killed their parents. In tho eyes of
tic low, thl8 crime WIS no greater than the kill
Ing OF a stranger. Thoreforo, the samo rules
Worc to bo adopted az in trial for tho kill
Ing Of porson other than Ills fathor, and
tho prisoner IL entitled to tho snme consldora-
tion u regarding tho question Of Justification.
His lia,.,l Honor charged, howovor, that tho jury
entertained for the life Of his mothor, as thoy
could not be regarded hs any Justification Of his