The Portland daily press., 1873-07-03
.UuS 10 I1CtTU1tIlC.
Various Matters.
NEW YORK.
The Xalwarfla Trial.

New YORK, July AT the Walworth trial
to-day large crowd was present. Charles
O'Conor concluded his plea for the prisoner last
night and District Attorney Phelps argued the
case for the prosecution. He controverted the
claims for the defence that the prisoner was af.
fected by either by epilepsy or insanity.
When District Attorney Phelps concluded
his argument for the prosecution, Mr.. OConor
for the defence made several requests to the
Judge to charge the jury, including one that he
charge that the facts as proven do not show a
deliberate purpose to murder; that il the accus-
ed believed the deceased to be desperate, it
initiates against the the theory of the murder in
the fist degree and if the act was the result of
terror it was not murder In the second degree;
that as four shots were fred the prisoner was
only conscious of firing three and as no proof
is given which of the four was fatal, the iury
must acquit; that if he was in a state of epilep-
tic insanity he is not responsible, and if he was
in state of terror which overcome him the
jury must acqnit. Without delivering the
charge the court took recess.
After recess Judge Davis delivered his
ofis.I ,o jury 1eIgJ1i. a.. ~ -
satisfied from evidence that young Walwort6
came to New York with intent to murder his
father, then the crime Mas murder in the first
degree, but if the crime was committed in a
sudden manner, in an instant then it would be
murder in the second degree.
Judge Davis continuing said that the defence
interposed was two fold, that the prisoner was
insane at the time of the act, and secondly that
the act was done in self-defeDce. He proceed
ed to consider first, and warned the jury that
there were no such crimes known to law, as
parricde or matricide or fratricide however
we'll the names might be used in common cou-
versation, nor was this court to take into con-
sderation the laws of ancient Greece or Rome.
or China, where special laws were enacted for
punishment of those who killed their parents in
the eyes of the law This crime was no greater
than killing stranger; therefore the same
rules were to he adopted as in trial for killing
person other than the father. and the prisoner
is entitled to the same consideration regarding
the question of jurisdiction
His Honor charged, however, that the Jury
should not regard fears which the prisoner en-
tertained for the life of his mother, as they
could not be regarded as any jurisdiction of his
crime-that they should only regard those fears
which were personal. The law did not make it
justification when the killing was done through
fear that the life OF another was in danger
They could, however, consider whether the fear
that his mother S life in danger did not give
point 70 the fear which he entertained for his
own life at the meeting on the morning of the
Sd of June.
Judge Davis concluded his charge at half
past four, having occupied little over hours
inits delivery, whereupon the jury retired. The
prisoner was then removed to an adjoining
room where his friends surrounded him and
awaited the verdict. At 8.25 the jury return ed
to the court and Judge Davis was sent for On
his arrival the roll was called and the jury were
asked if they had agreed on verdict to which
inquiry the foreman answered, 1--WE have found
the prisoner guilty of murder in the second de-
gree" The silence which was preserved from
the entrance of the jury remained unbroken for
several minutes after the verdict, neither the
prisoner nor his friends uttering word. Mr.
OConor then whispered word to Judge Davis
who announced that he would suspend sentence
until Saturday morning at half past ten. The
prisoner was then removed to the tOmbs.
Lake Shore Railroad,
At meeting of the Lake shore and Michi-
gan directors to-day, w. B. Bishop tie ndered
his resignation as director. Commodore Van
derbilt was appointed director to fill the vacan-
cy caused by the death of Horace F. Clark, and
VIM. III. Vanderbilt in the place of VIM. B.
Bishop. The Executive Committee was recon-
structed and now consists of Cornelius Wander
bilt, w. III. Vanderbilt, Augustus Shell aud
Jas. FL. Banker. Cornelius Vanderbilt was
chosen President.
Pacific Mail.
1t is reported that the Pacific Mail is about
to institute countersuits VS.. ex-President Stock
well for acts alleged to have been committed by
him while President of the company. Russell
Sage, Vice President of the Milwaukee and st.
Paul Railroad, recently elected director of the
Pacific Mail Co. says, according to the Tribune,
that Stockwell was indebted to the company
nearly $2,000,000 $840,000 of which was in
notes which would not be paid that there was
another claim for 100000 against him, which
Stockwell was alleged to have illegally paid for
Webb's Australian steamers. Sage is made to
say that the price paid Webb was $6,OOO,O 900,
represented in shares of the Pacific Mail Steam
ship Company at one hundred, and the price
at which the steamers were turned in was $780,
600 cash, which went to Stockwell, through his
broker Markh ham. Sage adds that the steamers
are not worth 100000.
Arrest of C0mptr pller Green.
Andrew A. Green Comptroller of this city,
was arrested at his residence this evening, on
an order issued by Judge Ingraham of the Su-
preme Court. The cause Of his arrest was
Green's failure to comply with the terms of a
mandamus directing him to pay the amount of
the judgment for $500 and costs obtained by j.
W. MCGOWAN against the city. Upon paying
the amount OF the Judgment Green was released
from custody.
Various Matters.
Frank Gilen pleaded guilty of murder in the
second degree for killing his wife, and was sem
fenced to-day to Imprisonment for life.
A. Nedlen aud Edward Buchler, two youths,
were found insensible at the Wavery fair
grounds with an empty bottle of laudanum
N edley died but Buchlcr was saved
Thos Feeny has been arrested for fatally
beating his mother in Brooklyn last night.
A meeting of Italians last evening to protest
against the traffic in Italian children was a suc-
cess as to resolutions but failure as to atten-
dance. Ex-Gov. Solomon of Wisconsin was
the principal speaker.
The governing committee of the stock ex-
change have resolved thatmembers seriously in
terferng with the comfort of others by practi-
cal joking shall be finished by suspension for
not less than fifteen days.
The members of the staff of ex-Goy. Jewell
the newly appointed Minister to Russia, ten
dered him a farwell dinner last night at the
Hoffman House. Amoog the guests were
Baron Gutenberg. the Russian Minister. and a
number of gentlemen from Connecticut
3 Use ball-Atlantics 8 Washington's 1.
A woman named Layman attempted TO kill
her husband at Astona last night, cutting a
cash four or five inches long in his throat She
was arrested. Her husband is travelling
agent of a jewelry firm, to whom his wife is al
LEGGED to have been unfaithful.
Arrived, steamer Cuba from Liverpool
At meeting of the woman suffragists at
Irving Hall tonight, resolutions censuring