The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-28
AHORRIBLE PICTURE 0FFAMIL Y TROUBLES
Mansfield Tracy Walworth's
Denunciations Of the Liv-
ing and the Dead.
The Poisoned Ohalice Fatally. Commended
to His Own Lips.
s CEN ES In COU II T.

Yesterday was the fifth day OF the famous Wal
worth trial. which promises to eclipse in its SEN
satonal developments all the celeores which
have ever been held in our criminal courts not only
OF New York city, but throughout the whole United
States Public interest IN the result remains still
undated, and the attendance in. the Court OF
Oyer and Terminer was larger II posi-
BILE, than on any OF the preceding days.
As early nine O'Clock the corridors OF the County
Court House were crowded; but not until ten
minutes before ten was any one allowed to pass
the barrier which was raised across the corridor
leading to the entrance to the Court. The Sherns
officers and the policemen on guard did their duty
well.
A LIMITED NUMBER OF SPECTATORS
were allowed to pass, though general rush was
made when the doors were thrown open. When
every seat in the body of the Court was filed
no one else was allowed to pass III
but the lawyers concerned in the case and the rep
resentatives OF the press. There were fully fifty
disappointed applicants left outside, and they at
once made a rush for the door leading to Supreme
Court Chambers, through which they believed
the prisoner must pass on his way to the side
entrance OF the Court Of Oyer and Terminer. Such
eagerness to catch sight Of the prisoner and
such anxiety to witness the proceedings were never
before evinced within the recollection of the oldest
court habitu6.
But the multitude were doomed to dsappont.
ment. Young Walworth had been brought up
quietly from the Tombs at nine O'Clock by the
Sherirs officials and was in Court before Judge
Davis appeared and the crer announced that
Court was open. Previous to the arrival OF the
Judge the wife OF the dead man and the mother OF
THE PRISONER ENTERED COURT,
leaning on the arm OF the Rev. Clarence Walworth.
The mother and conversed inflow tones for few
minutes before the arrival OF the jury Some other
friends arrived and grouped themselves about the
prisoner. Prominent among them was the veneer
able Judge Barbour, of the Superior Court. The
ladies OF the family were all dressed
IN THE DEEPEST MOURNING,
and the prisoner was attired, as ON the previous
day, in black frock coat and white vest. A large
number of well-dressed ladies were present among
the spectators, and appeared deeply absorbed in
day City Judge Sutherland occupied a seat on the
bench beside Judge Davis.
ARGUMENT AS TO THE ACCESSIBILITY OF THE LET.
TERSsRESUMED.
The first business in order yesterday morning
was the resumption OF argument by counsel for
and against the admisslbility in evidence OF the
letters OF Mansfield Tracy Waworth. the murdered
man, to his wife, The Court on the previous day
was disposed to admit only such portions of those
gent against his son Frank, the prisoner.
General Henry 4. Davies opened the argument
on the part OF the defence for the admission OF the
letters. The point raised by the that threats
made to take effect in certain contingency were
,nad InS was novel one, he SAID and he
point.the case OF the People. VS.. Rector, in
10th Wendell. In that case it appeared that
the prisoner, then on trial for murder, was the
keeper OF house OF bad repute. one evening i
number Of people raised disturbance there. and
on leaving they said to him that they should come
following
admitted would do more damage than they had
previously committed. on their coming again he
went out and struck one OF them with an iron bar,
killing him. The Court. on the trial excluded evil
dence OF the coptlngent threat, ana on appeal
the exclusion OF evidence as to the previous con-
1ingent threat was error.
General Dawes argued at length that any and
every circumstance connected with an AFFAIR OF this
description, which by any possibility could have
had an effect upon the person standing charged
with crime, were questions Of TACT, and as such
they were to be determined by the jury to give
them such weight as in their Judgment they might
Mr.. Phelps did not deem the question OF much
Importance In this case, and he made the objec-
tion because in the orderly administration OF the
law he considered 1t his duty, as 1t would be pre-
cedent in other cases. Counsel would seek in vain
10 lind parallel for the introduction OF testimony
OF this kind. In all cases in which this rule had
been applied IL was the assailant who sought his
killer. In this case the deceased was invited to
Mr. O,Conor Corrected counsel In q matter of
fact. The boy invited his father to visit him within
an hour or TWO. not at an unreasonable hour next
The Court finally decided
THE EVIDENCE INADMIssIBLE IN PART,
in view of the recent decision OF the Court OF APP
peals In the Stokes case, giving the prisoner the
benefit OF doubt, which, In less important case,
he might not do. He should strxe out all OF the
particular letter In question: the letter or August
l3, 1872, which was merely historical however
coarse. and admit the threatening portion alone.
MANSFIELD TRACY wALw0RTH's LETTER IN FULL
HIS REFERENCE TO HIS FATHERS WILL.
= PUBLICATION HOUSE OF CARLETON Co.,
.,,,. MY New Y ys.s, A Avs .sdx J,
how eeen and hereby ly feel Rsn6e
H. walwortl's viii, and what Scot the descendant OF
Reuben II waiworth always hated my cradle
. sSss Sso % 9ss s aa
ing hypccrite like Eliza ard Clarence walworth
aSSa say w iHSSi
please ssfiH ID
s ss Ips q RS
talents aud hoped would write his life he knew mo-
Bfsths9 " Who s "a. pna
he sa s snS S but ma WIZ
snS s s s0s sny % Thy S %
Iss name 70 AM Ssp ns f Gs w z
@ 70 n ys y 10 ssf sGy
ez ySn oas and w @
have sonnet thing for my entire lite whether he IN.
tendedme to or not then marx wnat VIII De me nhae
made ptable before men and before you will
and help the demons who wait upon the perse-
cuted and the proud spirited and the evengeiu-l WILL
when stripped by you OF property ana you mean II
al last plunge my dagger into Frank and Tracys heart
and cut of the walworth name forever. God d-n him.
oyer IT, have not one single firm right under ms VIII
This believe and this been the OF your
despising and abandoning me With cold calm purpose,
you my eventual beggary and humiiation
will kill your and defeat the DID scoundrcl in
his grave and cut of his Id name forever.
Addressed, without signature, TO Mrs. Ellen H.
Walworth, Saratoga Springs, N. y.
The reading OF this letter was listened to with
the deepest attention and caused profound SEN
sation. IL was evdent mat the sentiment OF the
crowded Court from ihat moment began TO turn in
favor OF the mother and the son, particularly In IA
yor OF the latter who trial for his life FOR an
act which, In momeLt 81 passion or AZ u MoAlent