New-York tribune., 1873-06-28

and II win sting you 70 yodt n"e, nv viii are yonr
sons Frank and Tracy VINO VIII oo"f ny "'"'' ~
NOW Ellen Hardin knowing that am helpless under IN ae
that wln will persist ~ ullnH yen, & ~ 20 ont nj me
nv threats OF law by personal Dlandishments 10 my n
trustees or by any other mrans; II you 90 49, nv enre
uSe betber no Intended 90 not, then marx What
will DO the fnak Of my vengeance pI npJIn hnre nan
sroundre dog who has made me so pillhDio poioiO ~
Will and so help me- the demon who waits mpop rI
wiI when stripped by you OF my pf0psIyE yErl,pE and
mean at iss Pt PI%sF0t ng the waworth name
- him he has elevated tnem ana deGinuou I'M n1,
ana yoS sUfn % % has been the cause Of your desps
ing and abandoning me. WIN cola, CAIN Ruii9 '''
contemplate my oyeotna, Sessn9t tbe ~ sconndre in
bs %raSe and ent oA his forever; now you
thorp alive in nv heart by the eternal God VIA klli
them and yon TOO. now % yypbhsston, aud win xii
The dead villain shant rob me Of WIZ VIII haye p
venge. IL have lost noArly oVer5 5tnihS "H'" "'"A''
ny T6eTe SU,Tr iin u no signature TO tho ietter)
Tine portion Of tho letter ruled out by tho Court was
ao read AT last as the District Attorney conscntou !"
bayG IL 60 i'm with the rest although not pertinent ~
consists mainly OF denunciati0ns OF MS Iather' Oh
lor Walworth as having hated him. and purposeV IL"
fauded him for the benefit Of his own sons FRANK anu
Trocy who wero tho only who could transmit MS
name -,
Nt Oconor then road the provisi0ns of tho VIII oi
chancellor walworth affecting his son Mansfield HIS
share IA gwen IN trust the OF hiInsef ana iay
Mr. OConor also read the decree OF divorce dAou roo
T. lS7l providing for the separation OF hansneu l. wa"
worth from his wife Elton Walworth' ana TOT 'n" IMAM"
| tenanOe of hersolf and children
TIE MOTHERS STORY RESUMED.
Mr., WaIvorth tho prisoners mother, then resumed
| the stand and her examination was continued;
@ When first after the decree. DID you learn Iha' Mr
Walworth wished to visit tho chidrent A. Iu Iuo Fan
| OF 1874
O. Had you known of thus clause In that decree al haI
| timei A. No, Sir. ~,
ing he should them The presence oi Iheh uno''
| Clarence A. WalwOrth.
O. Did Mansfield. after that. make any attcmPl 10 ''
| themi A. No. Sir. -,
q AT any time before the Fail OF 1872. mad Mr. " E
worth manifested any interest in the children {.
| Judge Davis ruled out, and the defense eKcep'eul
O. You have stated that you resided with the Chance
Ior down to the summer Of 1861, when you left What
WA, the cause Of your homo being brokon upi tSlr
O'Conor stated in answer " objection, that tDey
should show t was caused by tho conduct OF Mansfield
Tracy Walworth Judge Davis ruled /! out ana an ex
| oeption iaacnJ
| O When you lived together In Fftyseconi't. did
any acts of personal violence take pace-DetWoch to
FAN OF 1870 aud the Goth OF January lo "hcA Iou i'
| Judge Dayis-What - your Obecti
Mr. O'Conor-To show that 1t al these times that
Frank hearing cries. oamo In though he dl not see
tns VIOLENCE Excluded and the usual exception taken
Mr. O'Conor-We don't wish to detail the acts OF Ylo-
encc but to show violence Frank was IN the
room and we desire to show the effect produced upon
the mind Of the boy that the effect was serous ana
from that moment forward there change IN his
characters from being cheerful. happy youth be be-
came instantly shocked. and was at times excoehlngV
moody aud distressed without losing his amiaDihty and
| kindness and goodness Of his disposition
IysANIrr announced As THE DEFENSE
Judge Davis-Do YOU allege msanityf
Mr. O'Conor-We intend 70 allcse that his mind was 80
Affected that he was not SOUND at 'Ae tne Vi MS 'o
view with MS father
Mr. Bcsch-We shall furnish evidence showing the
state Of his mind such that he was not responsible
Judge Dlvis-You had betor reserve these questions
| until medical experts are put upon the stand.
! Mr. O'Conor-We cannot give bettor evidence than
through his mother the nature and disposition OF the
loy Perhaps wo had better first have something from
men of skin pertnsss this general subject but
don't ace why we should summon men OF exportuess
upon this general subject without previously estab-
| Iished basis fact.
Judge Davs-Tncy could be examined upon hy-
! pothetical question.
Mr. OConor- But the very hypothetical questions YOU
put are not allowed by the Court according TO practice,
unless there is some foundation in Tho evidence for such
question.
Judge Dayis-Thc Court Will not restrict ycu in that
subject.
! Mr. Beach-It ha7 boon tho rnle heretofore.
Mr.. O'Conor-I submit that it Is undoubicl rule Of
law-unless your Honor may make q ruIc FOR the
present occasou-and tho practice that although the
witness is allowed TO give his opinion upon hypothcu-
cal statement OF facts, he is not allowed 10 talk upon
what he crs proof, aud, therefore, the question
must be put ia the form Of hypothesis representing
certain facts. Nothing, however, better settled,
fuIv "A
that the hypothesis thus presented shall be abb
solutey abstract but which it is practicable in the
Judgment or law. for jury draw from the facts in
evidence II courts did not hold that. you might
have a large presented TO jury OF opinions of
medical men aud experts this subject hypothesis
presented by counsel that had no color or warrant IN
the evidence, if they had some shadow OF COLOR were
! yet unwarranted by tho evidence.
! Judge Dawson course, the Court is that ordi-
narily in the defense OF insanity the practice to give
this kiud OF evidence before calling the experts but
am yet that counsel have declared such de
euse here You have not SAID yet that yOu contemplated
putting the defense OF insanity. want 10 say here
in respect 10 the other question, that that Is always
altogether under the control OF the Court whether the
| Hypothetical questions are gwen TO the experts before
the other testimony not. Either course is proper.
and no pon would lie for pursuing either Now, II
the Will plainly that they intend To inter
pose the defense Of insanity that all OF us Will under
stand that that defense before u.s. will allow you 10
pursue whcn ever line Of testimony you mink adYis-
! able.
| Mr. O'Conor-If It has not been avowed.I know no
words By which can more plainly ayOw 4. Contrary
To the hopes Of many long year, have been brought
into a crimnnl trial before your Honor; ana deeply
regret that this late day my long labor at the
bar II shOuld have become necessary in your Honors
Judgment address certain remarks calculated to CON
yey the idea that it was desired by me to gain some
undue and irregular advantage In the riaof ths
Judge Davis-I did not intend any personal imputa-
ton upon anybody do say, however, that 1t Is the
,utv cnunse IN uvoyy Doiut5 %