The New York herald., 1873-07-02
Close Of the Testimony on Both Sides and
Commencement Of the Summing Up.
A WHOLE REVIEW OF THE CASE.
Eloquent Speech Of Mr.. Charles
O'COnOr for the Prisoner.
THE PROSECUTION TO SUM UP TODAY.
Seen cs and Incidents in
Court.

The same crowd of spectators that have all
along attended the walworth trial put in an ap-
pearance yesterday and bore the wearisome Gay
as unfnchingly as they had borne the most start
ling. There is a never-dyng hope in the minds OF
these intent attendants that they sit upon VOL
cano OF horrors which may open at any moment,
and they fear to be absent that moment. Thi q
pleasing hope inspires them to patient waiting.
Some OF
THE EMOTIONAL OLD LADIES
yesterday had little bit OF sewing with them to
relieve the monotony of the testimony. The pris-
oner was accompanied, usual, by his mother
and friends and wore the same dress and sat in
the same place. He carries his light felt hat in his
hand across his knees and leans his head on his
hand, seemingly at times as uDconcerned In
the trial the most listless spectator. 1t would
appear to be very ordinary matter for him to get
up when his patience is entirely worn out and
very quietly walk away. No custodian Is prom
inently about him. Nobody whose business is
especially that OF Keeping him in the reach OF the
law is visible designated by any outward trap
pings About him-in front, rear and on both
eides-are
HIS WARN ADHERENTS-
mother brother sisters, uncles-all cllnging to
him In this, his great trial, with faith and firm
ness that sometimes renders a belief In his guilt
uncertain even to the most impartial observer.
the evidence of number of experts in insanity, to
whose statements young Walworth listened with
an intense wonderment, probably revolving within
himself whether he were insane or not.
A RECESS.
At about half past ten Judge Davis announced
that he would have to attend the General Term, as
the Chief Justice had sent for him, and the Court
would therefore take recess for twenty minutes.
The prisoner and family retired even for that short
time. The Judge and District Attorney went to
the General Term, where Judges Ingraham and
Brady awaited them. There they passed sentence
OF death on David Murphy, and at the conclusion
the Judge and District Attorney returned again to
the trial OF this other murder case just in its
Wencement, as that Of Murphys has just closed.
INSANITY.
The testimony yesterday mainly related to evl-
dences OF insanity, number OF experts being
upon the stand. There was not so much difference
in the statements as usual between medical ex.
perts, all the witnesses holding that epileptic
attacks attended by Inconsistencies and
want OF responsibility, Doctors on both sides
agreed that epilepsy might render person un-
conscious OF his acts, and, consequently, irrespon
sible for them and that the evidence as adduced
Wy the defence would indicate epepsy.
A SHORT REVIEW.
orately detailed the state OF 1acts previous
to and including the murder, as elected
OF Dr.. Parsons, another expert on the
case, the prisoner and his mother listened
veil and applying her handkerchief TO her eyes.
and the prisoner, gazing with one eve halt closed
and his lips apart listening to this thrilling recital
THE EVIDENCE FOR THE STATE.
The prosecution In reopening produced pub
Usher grocer, restaurateur and barber OF the de-
ceased, all OF whom testified to his gentle manner
and kindly ways. The grocer said Walworth had
once or twice bought brandy and wine at his
store. Each witness was severely crosse xamined
as to his intimacy with Mr. Waworth,
him less than twenty times in something more
than year, and then solely on business matters;
the grocer two or three times q week; the barber.
several times more, and the restaurant Keeper
about twice day. They told, IN substance, the
story OF Walworth's life in New York, and to this
first exposition OF his lowy habit OF life in the
great city his family, from the mother TO the little
Tracy. listened with strange interest. The prose-
cution closed with the testimony OF
in insanity, who minutely described epilepsy and
It's effects upon the mind The case being thus
closed Charles O'Conor began his address to the
lury.
During its eloquent presentation OF the young
lads crime, the cruelty OF the father to the mother
the tender care which the mere BOY had exhibited
IN protecting his mother rom the threats OF the
murdered man, his soicitude that she should not
receive the terrible letters, how 1t maie him
gloomy and abstracted robbing his young life of
all the difficulties between his parents
by his interview with his father, his ten
derness toward the other little ones-when
the eloquent orator dwelt in an impassioned man.
ner upon these details the mother wept the little
sister gazed with her big blue eyes upon the
speaker as hardly cOmprehending what could cal
forth such an euiogy, the prisoner bowed his head
upon his hands, and the little lad, Tracy drummed
unconsciously upon his elder brothers. knee. AS
the great speaker proceeded the spectators
warmed with him, and when he concluded Tor the
day at the hour OF adjournment 1t Is sale TO say
the body OF spectators lelt a fuller sympathy ior
the prisoner than the same number OF people have
felt Tor him III this city since the murder.