New-York tribune., 1873-07-03
WALWORTH CONVICTED.
vrpnpp IN THE SECOND DEGREE.

NURDFR IN THE SECOND DEGREE.
Mr. PIrRLPs's ARGUMENT FOR THE PROSTITUTION
JUDGE DAVIS CHARGES THE JURY ~ GREAT
LENGTH - THE FIRST CASE UNDER ihh NJ"
sTATUTE-NEw NEUTRALITY-SUSPICIOUS. "f INK
VERDICT
The arguments in the Walworth care were cios'd
yesterday. The Judge delivered an eShaustlVe
charge, and about p IN. the case was gwen 10 the
jury. The audience in spite Of the intense heat
was very large. The prisoner sat- ~ usual. by ms
mother. his brother aud sister, bis uncle the Rev.
Clarence Walworth, aud a number Of relatives and
friends of the family. District-Attorney Phelps
began his argument for the prosecution i'm
mediately after the Court convened, st
10 a. m. and its delivery occupied two
hours and half. He recouDtsd the
circumstances Of the murder; the prisoner setting
ont from Saratoga Immediately after Intercepting
one of his fathers abusive letters 10 his mother.
with none Of the articles Of extra clothing that
takes even for brief visit, but with The pistol with
which be afterward shot his father. The pote al
dressed 10 the uncle, saying that the result OF trp
he was about to make would determine whether or
not he would go to Europe elsewhere; the note
sent to his father after the prisoners arrival IA this
city; the accounts given of the meeting and assault
in the sons room, and the position and charac-
ter of the wounds; all these went 10 prove
that it was a premedtated murder. The
accused could not be said 10 be in danger of his lie
at the time he slew his father for the that ne
was nearer the door and if he apprehended violence
at the hands of his father ne could have readily
escaped lie ridicued the allegation that the pTi--
oner was insane at the time be committed The art
and declared that the defense had not even proved
that be was subject TO epilepsy, much lee insanity.
The deceased was described as a dangerous man by
the defense. Nevertheless, the prisoner comes from
a long distance TO meet him, and apparently invites
an encounter. The speaker was not deaf {" sym
pathy for the young man, but he reminded the Jury
of their sworn duty to judge honestly art truly IA
the matter before them.
Nj 0Conor presented several requests g. sAc Judge
to charge III favor of the prisoner under tie new law
of murder. After short recess Judge DAVIS began
his charge, which occupied 3! hours. lie called at
tenion to the fact that this was the first ta uDder
the new law altering in many respects the definition
of murder lie rave the definitions of murder IN
the various degrees under the new law and stated
wherein they differed from the former law On the
subject. The evidence on both sides then
viewed On the question of insanity he forebort to
express an opRion, but read recent decision Of tho
Court OF Appeals in the Of the People aet. VII
lis The ease was then given to the jury, who rc-
tired at 4:32 p m. The immense throng waited
patiently in the courtroom, although the heat was
almost sitting, hour after hour while the JDI5 were
! absent celebrating on their verdict.
/ Judge Davis went home, leaving word that no
would not return until II, unless recalled sooner.
! At the jury had decided upon verdict. and the
Judge was sent for, arriving at s:25. The prisoner
and his friends entered the courtroom and took
/ their accustomed seats; and in few moments tho
Jury were conducted TO their box. The verdict of
guilty Of murder in the second degree was promptly
rendered, the foreman. in his embarrassment 80
first pronouncing the prisoner guilty III the second
degree" without designating the nature of tho
crime The prisoner seemed nervous while awaiting
sentence, but otherwise evinced no emotion SEN
teuce was deferred until SATURDAY at l03c a NJ,
when bill Of exceptions wifi be filed.