The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-27

1897 know his writing very well; the letter en-
closed Is in the handwriting OF Mansfield, tine de-
ceased; before l received the letters Igot tele-
gram from Franks mother saying that Frank had
goLe from Saratoga she feared to meet his lather;
ON Tuesday, June 3, / received q telegram from New
York saying that Frank had shot his father three
TO Mr.. Phelps-I dis not know that Frank was in
the habit OF carrying pistol.
FRANKS TELEGRAM.
Thomas +. Dannes telegraph operator, ident1ned
the telegram sent Dy Mr.. Barrett the Instance OF
the prisoner. The telegram was produced and
read, thus:-
G. A. WALwoRrH, Chapel street, Albany:
have shot ather three times LoSs sftsT mG W@Eru
Hooper G. Barrett, recalled, stated that that was
the telegram he wrote at the direction and In the
presence OF the accused; he did not remember that
young Walworth had told him when he was going
to leave the hotel or that he going to leave the
next day (meaning June -
THE MOTHERS TESTIMONY
Mrs. Ellen Hardin Waworth was the next wit
ness, and being sworn said:-I am the mother OF
worth in st. Peters church, Saratoga Springs, In
1852, on July 20, and resided at the Chanceor's
until the Summer Of 1851: the Chancellor's family
and my two brothers resided IN the house ut the
same time.
The witness then gave the names Of her children,
with the dates Of their birth, as follows:-
Frank H., born August IL, 1853.
John Jay, born OCTOBER 10, 1855.
Bessie, born November 2, 1885,
Nellie, born November B. 1858.
Clarence, born october TO- 1859.
Mansfield Tracy, born June 10, 1851.
Rubina, born February 10, 1867.
Sarah, born June I. 1871.
OF these children John Jay, Bessie and Sarah
died, the latter in 1872
Mrs. WalwOrth then continued:-ln the Summer
Kentuckv near - louisville NV brother Samuel
gong with me and all my children; lived there
until 1867; my husband did not go there with me;
lived in Kentucky three years without seeing him;
he did not remain IN Saratoga when went to Ken
lucky; he promised to meet me there; where he
went to DO not know; during the first Winter he
WASHINGTON. IL
had country place three miles from Louisville, by
means Of which supported my family the Cham
went there my husband came to see me, and re-
NAMED Tor about Six weeks; next saw him IN
about a week; in the December following saw him
in New York, at q boarding house in Madison ave-
not succeeding, went to Washington and secured
an appointment under the government; then
gathered my children around me and put Frank at
college in Georgetown; was eighteen months
q government clerk, during which time my
husband was with his brother, Clarence, at
Albany; when was discharged, owing to Q change
sion, and opened boarding house, and remained
there until October, 1869, during portion OF which
time my husband was with me- Frank being then
In Lou.svlle at the urgent request OF Mansfield I.
Walworth came to New York, to house in
Twenty-third street, belonging 10 Mrs. M0ntrOss,
all OF my children being with me; the very day Of
my arrival was taken Ill, and continued SO until
taken to my brothers house IN Bufialo; my hus-
went to Kentucky, and the following Summer NJ.
T. WalwOrth followed and remained three weeks,
mer OF 1865 in Saratoga; deceased was there for
three months and the whole family was together;
then went back to Kentucky; deceased came there
rived at the ChancellOr's just after his DEATH with
my infant Child Rubina, but soon returned to Ken
lucky and brought all my children except Frank,
back to Saratoga; Frank stayed with his uncle
Lemuel; deceased was living with his brother Clar
ence, and we discussed the question OF q future
residence but came to no understanding about it;
in November 1870, went to my mothers house in
Fifty-second street. New York, Mr. Walworth being
with me, and we remained there until the final
separation on the Goth Of January, 1871 Ithen went
with all my children to Judge Barbour, and since
then have not seen deceased legal proceedings Tor
q limited divorce were commenced In the Superior
Court January ~, 1871, and on the Sth Of April,
1871, q decree Of separation was pronounced; on
the 3lsS OF July following the decree was modified
to allow Mr. Walworth to see his children once
month; alter left Judge Barbour went to my
brother, General Hardin, at the Hoffman House;
then went to my br0ther-in-law, Clarence, at AL
bany; remained there three weeks, and went to
there / went to the old homestead at Saratoga
have remained there ever since with my children
Mr. Walworth addressed me by letter very FREE
quently after our separation; alter left HIM my
youngest child was born; being delicate from Its
birth, died IN January 1872;
MR.. wALWORTH NEVER CAME NEAR
the house and never saw his youngest child; did
not always receive his letters for the past two or
casonally that received them; some OF his letters
never reached me; there was no male person in
my house VINO could protect me except my son;
before the occurrence about taking Frank with HIM
to Europe; l told Frank of it that evenings he
seemed gratiied but said he should think aboutit;
he gave qualified assent to the proposal; on Fri
dav he went fishing with his younger brother to
Saratoga Lake; returned about six O'Clock in the
evening and retired early; on Saturday he was ar
ranging his clothes. books and other things and went
In the grove; sunday he slept until late;
some young friends OF his called in the afternoon,
ana they went to walk in the woods; he wrote
letter on that day and asked me for some note pa
per- which gave him; on Monday morning came
q hal
"You are up early;" he made some casual reply
and went out the front door; thought he had gone
to the springs and at breakfast table asked why he
did not return; some one sad he had gone away
and lett message that If he was not back to sup
per he would not be home that day; / then went
to his room, and on looking around found an empty
envelope in the handwriting Of M. I. WalwOrth I
Immediately autographed to Father Walworth and
to Judge Barbour, but could ascertain nothing
about him, and then believed he had gone to Troy.
The envelope she found was produced. 1t was
pOstmarked MAY 30o
recess was here taken.
MRS. wALwORTH's TESTIMONY CONTINUED.
ness stand and Identified a document which proved
to be stipulation modifying the decree OF divorce,
signed by her and said she had counterpart OF 1t,
signed by Mr.. Wawortn; she supported herself and
children entirely by her own eXertions, with the
exception of about three hundred and nifty dollars
received from the Walworth estate while she lived
with Mansfield 7. Walworth he always Carried
pistol pistol being produced. she said IL origi-
nally belonged to MT: ADAMS VINO Is now dead,
take care OF some time In 1870, since which time he
has had charge OF it.
Mr.. OConor-What were your husbands habits
as to rising In the morning
Mr.. Phelps objected to the admission of such testi-
mony as being Immaterial.
Judge Davis said he did not see how 1t was i'm
p0rtant.
Mr.. O'Conor replied that it was important for him
to show what had been the lifelong habit OF the de.
ceased In this particular
Judge Davis said he knew that counsel wanted to
show That the deceased had been in the habit OF
lying in bed late In the morning, ana that this
particular occasion he rose early for special pur-
pose, but he could not see its materiality.
Mr.. O'Cenor then proceeded to argue that IL was
material and went on to state the habits OF the
prisoner, who, he said, was accustomed to remain
In bed until after eight O'Clock, and who, being
called on the morning OF June two hours before
his usual time, was, no doubt rather confused.
Judge Davis ruled that the evidence was not ad-
missibe, but said that when counsel had witness
who could testify to the habits OF the deceased dur
ing the past year he would allow the question OF
u admIssjhfy n n raised.