New-York tribune., 1873-07-03

torio record China, that il believed that curse
had fallen the family in which one OF the parents
Rad been slain by chld and this curse eXtermnated
the whole family, II is unnecessary, goatemen OF the
Jury, for TO hnger the horror which is ADDED 10
the murder by the relations between the parties con-
ccrned That is something that is and should lie on
and the and the memory OF the pris
ouer aud even he who by accident, and much more ne
who by design took the life OF his parent who gave MN
birth should carry his the memory OF that oc-
crrrcnce No Summer mornings sun should shine upon
him. but its beams should whisper to him that in suoh
\ soft light thy father fell" when this hour OF tran
sent hcrosu shall have passed away, aud he sha nave
ceased 10 central figure in this case ana Wheh
the eloquent voice of the counsel who have Sought "
exenuate his deed shall be hushed 10 silence no nun
of human life. no silence Of the mianght' Shoula
ever be permitted 10 remove from his ear the
solemn cry Of murder" But gentlemen OF the jury,
of these conclusions In the discharge Of our duty we
have nothing 20 saw They must be answered at other
Tribunals We here 20 pass Judgment on the simple
question whether Mansfield T. Walworth came TO his
death at The hands Of the prisoner at he bar and n So
whether the act was committed by premedtaed design
To that consideration gentlemen and TO the consdera
lion OF that SSue invite you 90 accompany me. trust
aud believe that solemn sense OF responsibility rests
upon us all pray you TO follow me through the de-
taiIs Of This case and incorrectly state IT, pray that
YOU will correct BE governed IN your Judgment OF
this cause solely by the evidence and impore that you
will give every reasonable doubt favor Of this
happy prisoner imploye you 70 discharge your duties
as shall endeavOr discharge mne, with simple de-
to promote Justice.
THE INSANITY PLEA RIDIcULED
Gentlemen OF the jury. it seems 90 me that the nrt
consideration to which your minds should be properly
addressed is 10 the state Of the prisoners mnd az the
time this decd was committed. For our law, ever
humane saws that person who is insane shall not De
punished for any he may commit whe IN that sae
Of mind II Furnishes only those who are IN the 'u'l
possession Of their mental faculties and If there Is any
evidence which leads you 10 believe that this young man
was insane sou should aeqlit him. But what Is 'he
insanity which the law speaks Of III not that which
.prnes from any feeling Of evil hatred, Teyenge' or
malice which may sud euly oyermaster the reason; Tor
n that were the you that that plea couu Do
iutrrpo.ed i'm cxenuaton OF any crime which coud DC
committed siprose no man ever commits any deadly
crime when he Is not so excited by passion that
he loses q calm control over all his mo
lions law sanctioned by Scripture, sanctioned by all
human a,y requires men restrain their passions ana
10 makes 200 CXcusc for Em who maduens MS oth WIN
0rnk. oar m says thai no man shall be excused rom
pun,SnmcIf Tor the commission OF crime unless Oy ue-
feet Of sou arising from disease OF the mlhu' ne
shall be unable TO Distinguish the character ana the
9ay o the act he commits and knows not at the time
tlatho Is wrong Judged by tins standard Is II neceS
Sgry IOr ur to pause moment upon this question
Not con ,cous OF the character and qualify OF TINS act
which tlis prisoner committed Why the counsel
through iis Whole a0uTt - upttSStu upVu f'H
thai the prisoner knew he was amenaolo 10 the
law for II: ana his first act after he had com
,nitted Il was TO surrender himself 10 the ON
Ger, OF lus;ice. Why insanity Is fact Wmrh
5pu,t b proved and the Court tell you, aud your
common sousc ana everyday experience can tell YOU
tut inuu Is safe until he has been proved guilty.
There Is no proof that Ills young man was unconscious
IN. character and Of the quality Of his act in every
respect They lave not cot far as 10 prove that
hc had epilepsy much less insanity arising therefrom,
~ e tine this act occurred This was TO grant that he
VAS iu TIRE cNcrc OF perfect consciousness OF what ne
was doing and 10 prove it fact an hour afterward
tbo prisoner lad perfect recollection Of what he had
done ard even days afterward he able 70 make
statencu' OF TIE act Le had committed. WY, gentle
Ilcu. a s0Ila Dc insult TO your common sense II
should longer consider this question The ony possible
Ground upon which the defense s founded IS the conduct
Of ne father ana its eject upon the SON. Sha! show
you by by that these letters outrageous Disgusting
and brutal as they are never produced any thrl Of fear
an ne breast OF any one OF this family.
THREATs LIGHT As AIR.
We must consider as briefly rs We may the cIrcum-
stances surrounding t case-hc killing, the principal
incident ot as crime, about which there Is no question
srd no possible dispute. on taat June morning Mans
d o. WlINorth came his death BY pistol shots from
ssto Pa tAc hands Of bis son. Then we must consider
the ruro.c hat existed the mind Of this young man
You have beard ms history and his character from the
i,, OF counsel A, have had occasion 10 say before
or tMs ri, l@ no part Ol uN uutJ
sffnr ltre TO-DAY 20 defend this man; lie Is not upon
tru hcc Your duty Ia NOT 20 pass upOn hlln ana upon
no tcc &c, Owes no duy 10 ds,as us fn"ISCf1 W 9
-, any uracr thIa may ue necessary III cOhInE 70
CONCLUSION the character OF this tragedy lie was
one .lR. The counsel have told you' was known 70
tls prisoner "S soon q, hG ,U Wa o'U cI'CU,,t
to know any thinC as a oroadIuI, danGeIou7 GheIuN
ali uis abuse The head MS wife; that Is manifest
rom ct,es. lie was "ea4, proud van, l-s %
man. b.r.yfug, what probably no Oue DtlleN6i VINO
knew HIM in his literary genins and the coming
t,,n" tnt WAS 10 crown ms efforts. Unhappy ana dis
f.f
I'D -plrcu ON Tie head OF his wo. He was undOnptedy
i,-etaF - nor; and vet o think, man is wholly,
wholly bud have yet thank God, READ ol any
man Who was wholly and ia all respects bad You nave
hin; You have been told by WITNESSES that he was
kindly, ceutie; loving man. Why, gentlemen. ~ mus ~
have been go! IAeIe must nave veSn & CO. ~ a.
hls nature which could attract az times, Tor this
LADY whose character was 50 justly portrayed
Ifore von by tie counsel Yesterday, must have found
roluctJing 4 Mn 10 love when she gave her young
hcart 81 For his abuse OF her there Is 10 apOloey
and no excuse I stand here not for one moment 10
make any bu gentlemen il Is perfectly manifest that
.SoG ''S BY iaosS Who Knew hun best Toomng with
yhreats a. his letters were you vii nnd thst every
thug which denounced and against which he threat
eaSo snS mus ce S foSwaJ no one was airsT no dan
,rr as apprehcnded and without taking the slightest
notice Ihrse threats, ms Whe does Just what sDe
suAs sli nc was 10 IaFS ne e1 tnS ye fo'e IN
,ea OF bOOd vet this woman passed hrinly on 10
tue execution OF her purpose, conhdent,. as tbefe
4, proof these threats were empty as arr ~ an
other an immediate MEMBER o. ms ianuy, distant
relaye threatens dire vengeance, II certain stpula
fons whioh he makes are not carried out No notice
WAS taken OF the threats aud nOEing ever followed
Wby the true value which this whole family set upon
these threats disgusting and brutal as they were is
llstrtcdbY fact that here In this cOurtsrO0m
they weTe received with the same derislon with which
they received at the outset by this young man
Prom the moment that Mrs. WawOrtb, without his
knOWedse sDd vi hOut his previous apprehension, left
ms house from that moment silence complete and un
broken on the part Cf this family seems 10 have settled
down t,wuId him. Months rOledOy, and though he was
pouring these passionate observations. yet not one
word came TO him IN reply; many OF ms letters
unread mIny others unOpened no attempt MADE either
10 restrain him frOm the execution OF his threats or TO
coucate hm and not the slightest fear or apprehension
entertained in any way in regard 10 tnem. Why
what would have been easier If they had believed that
these threats meant anything In the world than 70 have
restrained bin from any yiOlencei Mhat would nave