The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-03
The End OF tho Walworth Trial and
It's Moral.

The trial of young Walworth for the murder
of his father ended yesterday. The verdict of
the jury is murder in the second degree This.
der under the new law of the Goth of May.
The old statute made killing with well de-
fined intent to kill, though that intent arose at
the instant of the act, murder in the first de-
gree. BY the new law there must be
deliberate and premeditated design to con-
stitute that crime. If the killing be inten-
tional, but without deliberation or premedita-
ton, the crime is murder in the second
degree. Virtually then, the jury in this case
has decided that young Walworth intended 10
kill his father, but that he had not pre-
meditated the deed We must infer,
therefore, that the jury believed the intent
arose in his mind when or after
his father entered his room on that fatal
morning at the Sturtevant House. Yet
the secret lies buried in that chamber
or in the heart of the young man. No one
! was there to see what occurred. There is no
other evidence than that which might be
inferred from circumstances; none positively
as to the intent, if reconciliation be excluded,
except what was given by the prisoner himself.
While he confessed to the killing he has not
avowed the intention to kill. While seem
ingly reticent about what occurred during
those few and terrible moments that his father
was in his room, except confessing that
he shot his father, he did, however, speak of q
certain action which indicated, as he supposed,
that his father was going to draw pistol on
him. II, then, generalization and deliberate
purpose to kill be excluded, and young
Walworth believed his father was going to
draw pistol on him, though mistaken in
that, would it be murder in the second
degree? Or if he killed in fit of
frenzy brought on by aggravating cir
cumstances at the instant and in
duced by the terrible spectre Of family
wrongs that haunted and unhinged his mind,
would it be murder in the second degree?
The jury, and it was an intelligent one, has
decided that he was in state of mind which
made him responsible for the act, that there
was not sufficient evidence to show he WAS
impelled to the deed in self-defence, and
that he intended to kill. No doubt the
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it appears the jury was not long in coming to
decision, for it went out, after the charge of
the Judge, at thirty-ive minutes past four in
the afternoon and delivered the verdict at
fifteen minutes past eight. A verdict had
been agreed upon, probably, by seven o clock
or little later, as it must have taken Judge
Davis an hour to come to the court room after
the fact had been announced
The trial, which terminated on the eighth
day, was conducted in the most exemplary
and dignifed manner. We notice this with
pleasure, because there has been in our criminal
courts too much buster and snappishness of
lawyers and unseemly conduct generally. We
need not recall the instances, for the public
will readily make the application. The prose-
cutting attorney made the most of his case to
convict the prisoner, as all prosecuting attor-
neys feel bound to do whatever the evidence
may BE-, but he was courteous and dignifed The
counsel for the defence inspired profound re-
spect by the serious and able manner in which
he conducted the case for the prisoner, as well
as admiration for his brilliant legal talents
and eloquence. The Judge, though naturally
severe in maintaining the law and protecting
society, as most judges are, and though not
inclined to favor the prisoner, gave a reason
able latitude to the defence and fair
statement to the jury. Seldom has there been
more decorum observed in Court, either by
those officially engaged or by the public at
tending the trial. Every one appeared TO be
impressed with the solemnity of the occa-
sion and the surroundings. The youth
full prisoner, fearful as was his crime,
awakened an unusual interest. His
devotion to an injured, long-sufering
and noble mother had such a sentiment of
romantic interest in it that people sympa-
thized with him, while their minds were tor
tured with the idea of a parricide-while
shocked with the thought of boy killing
the author of his being. This gentle and cul-
tivated youth, Of whom no one could speak
ill, whom oil loved for his goodness, to be
thus arraigned before public tribunal for
the most terrible crime known to mankind
for the murder of his parent-was
such an astounding paradox that every one
was hushed into solemn silence. Then there
were the terribly afflicted mother of this
youthful criminal and widow of the murdered
man, with her younger children nest
ling by her side, and the reverend
brother of Mansfield Tracy Walworth and
other members of the family and friends,
grouped together in this sorrowful tableau.
Who could help feeling the solemnity of the
scene? Need we wonder that Mr.. OConor's
eloquence was inspired when defending
such case and with such surroundings?
/ The wonder is that justice herself was not
blind on this occasion. But society has to be
protected, and however cruel or brutal a man
may be no one has right to take his life but
according to law, and least of all
his own nffsnrno We have in the