New-York tribune., 1873-07-02

cention of creon there he puts his Overcoat ana
1rs If no xas going away aud while this process
is going he rings the bell as u ne wanted 10 Ian
his father alone At all events some nasty CONCLUSION
of mat knd took place and says TO the messenger
Tell the gentleman to come np now there occsiIu
the catasrophe shall have occasion to speak partic
ierv .t the catastrophe by-and-by, but wish To ca
attention 10 some circumstances gwen III e'uen'o '
I me ars place Won wiz remember the statement OF
a witness (Nr Mo0rhead) that he heard these shots
and the ory twice, "Murder! nurderl 30 Iar as r{
raiance ~ ~ he placed on the statement Of young wal
worth no such cry was uttered Now, my belief has
been always before we had any knoWledge OF Tue na
imagination Of Mr. Moorhead aud perfectly innocent
Imagination. that soms cry 9s that klnd haa pe1h @
eTial n: fact In the case but deem It proper 70 say
that do not think 1t IL correct MT Evarts had an IN
presson that the noise which he heard came from the
story above him for It up there that he first ran
and that his first searches ana t searches OF otne
nle we're frst made; aud while tho wall between Moor
head's room aud the room In question was solid, the
wall between the room In question ana tne room oi ~
Evarts had greater facilities for hearing anything that
took place. and he he heard the shots Dut no cry or
eycIamation of murier Frank WawOrth heard no such
cry The conclusion " that at such moment iInagna-
ton false impressions Ill the mind OF an eAced
"""' AFTER THE SHOOTING.
Iwl call your attention TO what occurred immedi-
ately after the moment the shots fired. That
instant young walworth left the room and fed with
precipitation that under ordinary circumstances would
be taken as evidence OF conscious guilt but the crcum-
stances to be taken into IN i6 he Me- sa n 80
lied rapidly somebody would have seen him.
But was that the flight OF conscious mnr,
o1ensef Not at all. In his flight, however, he
was seen, not in the hall but on tho stairs, oy boy
sprnging down stairs with rapid pace, and bringing
himself hastily and promptly to the place where his
young trieRd Barrot was IN the performance OF ms ms
duties Not a word OF e1culpation or Justification he
only simply said TO him, have lust shot father. ana
wsnt you 70 get policeman" He was conscious,
as you have seen he knew enough OF the law 70 Know
that he was at ouce amendsbe 70 criminal justice and
liable for q long time TO imprisonment whether uit-
mately acquitted OF not He seems TO have
acted with wonderful calmness. You find a
calmness about the movements OF THIS young man
that surprised yosng Barre~ Calm as young
have exclaimed go quick as lightning" and the ad
does NOT remember from whom 1t came. OF course It
could have been from DO one but young Walworth ana
affected by this sudden command ne ran some ustsnee
ing the officer every moment, young WalwOrth
takes the little money DC mad I" 10. ana says
dence mere OF his distressed condition. This young
wrote the telegram and Will caH your attention 70
Uhat was sad about that telegram by Mr. Barrett. He
ne told him he had shot hs father four times No
doubt four barrels OF the pistol were discharged ana
the stated would nave been true put there
was NOT any knowledge idea OF the fact at the time.
IN the mind of young Walworth AS j VIII snow yon
presently He tells Us he wrote the telegram ana
signed Franks name TO it, 81 have shot father;
LOOK TO mother" Now gentlemen, that was not the
teiegram | have the copy received by Clarence Wal
worth AT Albany and also the original from the Tele-
graph Company. and that telegram, written Dy tnis
young man himself, was ma nave shot isSatr bt Fr Snee
had no knowledge or conception that four snots had
been fired consciousness of H. but he iouno IL out
"'''' HARSH coSsTRUCroNs
wish merely 10 call your attention 10 single piece
NJ evidence in this connection which the District
Attorney has offered It has been said that this young
man went first and procured MS lodging and then sent
for his father and without any sort OF excuse,
him Oh the. spot. II has often been said
q
PARTIES when they retailed in TINS way IN
eaytdence against them is the most unsatisfactory
and unrel,abo OF all kinds OF evidence. and for the
reason that through the slightest mlsconcepton or t
nre Of recoecton OF word the Legitimate effect Of the
s altered There certainly two pieces OF
evidence which the learned mas paced
before you apparently Intended TO aid TINS malgnah'
effort do embitter the cause against TINS young nan
lie is represented as going 10 the station mouse
At his own Instance, delivering n mmseM .1 cp @ up
saving that he shot his father The officer III his
says: lie handed me the pistol ne said
he mad killed his father. then asked hlm why ne had
done H. Well the young said he had threatened TO
shoot him and his mother some time previously. de
men. il Is mot only. true that these con
ss fessiops and declarations are matters Of testi;
right that these ministers of justice who are attending
upon the adnsao9 OF tes aT mos @ dnty ~ Is nnd %
Arrest aeced peisons, become enlisted IN Gaase' ana
unconsclous get TO treat it az their case ana
Testimony as important ana valuable ana arc
Now told that not only was this statement made
u Of the officers. but We also ma Nna'
has repeated by the learned Dlstrlct
that tho Coroner called upon this young man in person
and asked him about his age, and on, and asked for
instance such questions as the following: what busl
ness do YOU follow I" He replied, have been study
ne law ana so on He stated that he arrived In town
the previous afternoon at 241 o'clock The Coroner
asked him II he came 20 see his father. lie SAID II
came came expressly to do this Now, | ask. is
that the precise expression OF TINS young
was a statement that. he came precisely to
have this interview. / came for this very purpose
he sad and that exctes great surprise the part OF
,ha "
yOur father I" Wen. what IA ms answer To that de re-
Piled well 20 settle family difficulty" what does
expressions which we are IN the hablt OF
using just like OH ah but aud some words OF that KIND
but which OF themselves mean nothing at all. They are
used KIND OF pause III speech IN order that per
son be able 10 collect his thoughts some learned
LAWYERS know not at all times like myself ready 10
Xpress their ideas with great facility ana correctness
remember one lawyer who was in the habit OF using
the word "peradventure." Ii was a long word, and
gave him time to recover and so II Is with on
" an" aud well" They are taken contrary 10 their IN
The young inan intended confess 70 him that he
to kill his father. he said TO him, " came precisely 10
lie stated substantially the thing In "A letter
10 his uncle Clarence Waworth, that he intended COM
intended any thing else. Every Circumstance connected
with his visit shows that that was his precise object and
say it il cruel, unjusty cruel TO place any other
construction upon ms meaning. am sure IL
appears 30 that the learned DstrictAtt0T-
when lie comes to address YOU II he does, appeal TO
you IN tho naue of justice and humanity with all the
Of men holding MS lie IN hands
DO not accept such hearsay construction Of what is
naturally deemed an entirely different Interpretation
than the true one, anu especially against
youth Ike this young man-so INGENIOUS
not talRatiYe, remarkably simple Ia his conversation
aud not given 10 wild or dissolute life. Gentlemen do
You not see that by the confessions upon confessions,
was his hand that held the pistol by which his father
was slaiu In no instance did he make the
slightest effort to throw any doubt upon the
OF the deed, or to say ANYTHING
an in his favor either by way OF eXculpaton or
excuse say to you and put II 10 you as plain
dsniable fact, that when the Coroner said What 20
Kill your father ~ he surely did understand IL
possible that the young man could have intended TO
confess any thing that and inasmuch as
G expressed III that way would have doubtless carried
thG assurance 10 tue young that the Coroner d not
20 him, but merely wanted TO he whether
could be possible, and he therefore did 20 and
say: II did not do it," Had he been ANXIOUS
10 have provided for defense in the
fullest particulars, why he would have
SAID Certainly intended 10 kill father" but
he never took occasion TO cay that He accepted
the condition OF things and the Coroner could have