The New York herald., 1873-06-26
THE VlLWORYH MURDER.
Third Day Of the Trial---Prospect
Of Speedy Close.
THE PROSECUTION RESTS
Opening for the Defence Eloquent Ad.
dress to the Jury.
SUMMING UP TODAY.

SU M MING UP TOD AY.
Yesterday was the third day of the trial of young
walworth, under Indictment Tor the killing of his
father by shooting him in the Sturtevant house. in
this city, occurrence which has excited the pub
lie mind more than any other for years. II would
be wrong to write .simllarn in the usual style Of
reference to murder trials in this city, for the COM
mon heading, "homicde," has IN this case to give
place to "parricde"-the terrible position in
which the prisoner has placed himself at the bar Of
common Justice No trial OF the Sort with its ex-
traordinary surroundings, has ever advanced with
the rapidlty that this has done. Only three days
have elapsed since the prisoner was put upon his
defence, and in that time full jury has been sworn
to try the case the prosecution exhausted
Its testimony, counsel Tor the defence opened
with long and eloquent speech, and TO.
day, in all likelihood, the defence will close,
and tomorrow this one OF the causes
ceseores Of the PERIOD will be o thing OF record.
There was an unusual rush for seats at the opening
Of the Court yesterday; but, with the special In
Btructons given and the rather unusual obedience
given to them perfect order and quiet was OBJ
served during the proceedings. The prisoner was
brought in, in custody Of the Sherif's deputies at
halG-past ten, at which time his counsel and the
prosecuting Of1lcers were already in their places.
Walwortn was exceedingly self-colecced during the
day, but nothing OF the bravado or the reckless
criminal, who iancies he mas "done the State some
Bervice," is manifested in his appearance or de-
meanor. He has very composed order OF fea-
lures, and In his calm and quiescent exterior
would ever suppose that passion SO terrible as
instigated fathers murder ever had moments
clad in mourning sat beside him during the day.
His grandmother and several other ladies, also in
mourning were present and seemed deeply inter-
ested In the proceedings.
OPENING FOR THE PROSECUTION.
Mr. Rollins Assistant District Attorney, pre-
sented the 1or the prosecution, addressing the
jury at considerable length, and mnutely detailing
all the circumstances Of the shooting, as he in
tended to prove by the testimony. Alter an allu-
sion to the extraordinary features OF the itself
and the extraordinary temperance of Nj. Charles
O'COnor as counsel In this, the first criminal case
for many years in which he has taken part, for the
defence, he proceeded to sketch the circumstances
preceding the case-the coming of the young
man to the Sturtevant House, his assignment to
room No. 267 the situation OF that room the note
the prisoner wrote to his father, the fathers visit
to him, and the little incidents preceding the en-
trance OF the father into his sons room, and
ater the the father wa was found with four Auiss dis,
tinct wounds dead, his his blood scattered
e1a S .ne moor ana W Walls mnaI IN those
head occupied No. 266, he heard shot and cry Of
murder. and like hand-cap second shot and
another cry OF murder and another shot and three
steps, All was over before he could get his
clothes on. Mr.. Hebert,, Of room NO. 26s, was
little, the steward, heard the firing and fixed the
time at twenty-one minutes past six O'Clock A. M.
The prisoner walked down and told Mr.. Barrett,
IN nd fofh fhnr
send for an officer" lie sent teegram'announc-
Ing the fact. He went and gave himself up and
the sergeant he came here to do it. He
yent another telegram announcing the fact.
read from paper in which he Claimed to pns nave
committed no crime yet avowed the killing OF his
lather. The prosecution claimed that this was a
case OF clear and deliberate murder. 1t was the
first indictment under the new act which added
deliberate and" before the word ''premedltated,n
80 as to read "when perpetrated with q deliberate
and premeditated intent to kill" Yet this came
within It.. There was the preparation beforehand,
the bringing OF his lather to the death-trap, the
passion shown by ms cool payment OF the bill
at the hotel by his writing and payment Of
up. lie alluded to the great lame Of the pris-
Dners grandfather, Chancellor Walworth, to the
warned them. however, that in this case thew
must consider 1t simply as trial Tor murder, and
the relationship must be considered by them
merely as bearing on the motive. He could not in
the opening anticipate the defence, but they might
hear OF an insulted mother and q bad lather but
those they must not take excuses for this crime.
The prisoner had not seen his father since tue Fal
the only words the father said in this interview
was II promise.n 1t was not for the son to set
himself up as arbiter, judge and executiOner be-
tween his parents. He warned the jury against
sentlmentaty. He reminded them that their
weakness was the encouragement OF crime, and
they could only deserve praise by daring to speak
the whole truth from their box, regardless OF con-
sequences.
TESTIMONY FOR THE PROSECUTION.
Mrs. Eliza Slmms was the first witness. She tes
uned-I live on Fourth avenue, between Fifty
fourth and Fifty fth streets Tracy Mansfield Wal
worth roomed with me two years: saw the prls-
oner on the I'd OF June, about three r NJ, about
Mr.. Maworth was IN and said 1 did not know;
went up and looked and he was not in and so
told him; he said, Tell Mr.. Wal worth to come to
the Sturtevant house. his son wants to see MN ;rI
asked him II he was his son; ne said, "ies;" told
him he had better write note and would give it
worths table; never saw Mr.. Walworth after
put the note on his table; the prisoner had on q
light overcOat and was cool and polite.
THE HOTEL CLERKS STORY.
Hooper G. Barrett clerk OF the Sturtevant House,
testlded:-l had known the prisoner at saratoga
I saw him on the I'd OIL June he wanted room and
dinner; sent him up to No. 267 l talked with him
about Saratoga affairs no allusion was made to
bater he came down and went out; when he came
IN he asked me to take dinner with him; told him
aSoa sake wn a. fh aW % agsp
supper together at eight O'Clock; his manner was
his usual manner as had known it at Saratoga; l
came to the cashiers desk and said,
"I HAVE SHOT FATHER;n
Isad. "You don't mean to say that - he said, "Yes
shot him I0ur times, get policeman - 1 sent q
boy out to get policeman; he didn't find one, and
I telegraphed for one to the district telegraph
Office; had seen Mansfield Walworth that morn
ing; he spoke to the night clerk and asked for Mr..
Walworths (prisoner's) room; the night clerk
asked me and told him the number Of the room;
he went up with boy; did not notice the bell or
24S being rung; did notice the bell OF 268 rung
violently; the prisoner came down not more than
Ebert's room the prisoners manner was cool; he
dictated a telegram to q. A. Walsh, Albany, stat
Ing, .I have shot father, look out for mother;"
he offered to pay for 1t and told him 1t would be
all right; he spoke to me as friend, in about the
tone am speaking (quite low that was the first
intimation OF the killing had; there was nothing
about his dress to show he was not fully attired.
Crosse xamined-T0 Mr.. O'CoDOr-l think he
went out after dinner; am not sure; he went