The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-28

when he might nave deemed his own life in jeop-
ardy, he perpetra ted. The last meeting OF the
cept in so far the prisoners statement may he
accepted, that his father, alter the few words that
passed between them put MS hand TO MS or oseasr
posed drawing pistol upon him then and there,
and that he then fired in sefdeience. The mother
and son sat apparently unaffected during the read
Ing.
CHANCELLOR wALwoRTH's WILL.
Mr.. O'COner here read the provisions OF the VIII
OF Chancellor Walworth affecting his son Mansfield.
His share Is given in trust for the use OF himself
and family. Mr.: o'Conor also read the decree OF
separation Of Mansfield 7. walworth from his wife
Ellen Walworth. and for the maintenance OF her.
FRANKS MOTHER RECALLED.
Mrs. Ellen II. Walworth, mother OF the prisoner,
resumed the stand and was examined by Mr..
@. After decree when did you first learn that Mr..
Waiworth had any wish to visit or see his chill
dren A. In the Fall of 1872, think In November.
O. Had you known OF this clause In the decree be-
fore that time ? A. had.
q. Did you oppose in any degeee his being al
lowed to see the children2 A. 1 did not
q On the contrary, did you make provision that
decree A. Yes s SIR that they might be seen in
the presence OF their uncle. Rev. Clarence wal
worth upon weeks notice TO my attorney; me-
now asked whether any acts Of personal VIC
lence had been committed upon her by her nus
1s71S
Mr.. Phelps objected, and Mr. O'C0nor stated That
they intended to prove that such acts were per-
a the at pad eject
upon him for long time.
The Oourt-Do you intend to aege that he was
insane when this act was cOmmittedY
Mr.. locomotive intend to allege that his mind
was affected, that he was not sound at the time OF
his interview with his father. We mean to assert
that and mean to furnish evidence that the state
OF his mind was such that he was not responsible.
The Court-You had better reserve these ques
point.
the condition OF his mind than an observance OF
his manner and conduct There is no better evi-
dence in the nature OF things practicable. Per-
haps Your Honor means TO convey the idea that
we had better lay something before the Court by
men OF skill and expertness on this general sub.
without having previously basis Of fact.
The Court-They are generally examined on
Mr.. O'Conor-Certainly, but such questions are
not to be allowed BY the Court unless there is some
evidence upon which TO base them.
Judge Davis spoke in c0ndemnatOIy terms OF the
conduct OF counsel in not first avowing that they
intended TO put in the defence OF insanity
Mr.. Beacn repeated his words In the opening,
that they would show that the prisoner was not
responsible when he committed the act. !,
come necessary in His Honor's Judgment to address
certain remarks calculated to convey the idea that
it was desired by him to gain some me undue and
Judge Davls-I don't mpute anything to coun-
sci, but do say that It is the duty of counsel to
pose the defence Of insanity.
M; Q'Conor.Il Your Honor viii give form in
Judge Davis (petulantlyl Any form you choose
Mr.. O'ConOr-I have said it twice.
Judge Davis (authorltatiyelyl-Go on, then.
Mr.. O'Conor said that II ne was to be put trial
as to his honor, fidelity and fairness in trying to
save this young man, he desired On opportunity to
vindicate himself. 1t would lie very imperfect
trial If that kind OF evidence was excluded
Judge Davis tmpatiently) Have you any Dues
tion to put to the witness
Mr.. O'Conor-l have, sir.
Judge Davis-Go on.
EXAMINATION RESUMED.
The witness then reSumed:-My son was called
in on that occurrences; 1T was about eight r. M. 1t
was about ten days previous to the separation;
compelled me to scream; my scream brought in
Frank; he did not leave me till midday OF next
my nqsoanu ren ~ ~ the room un,i 1e eS
peculiariIies l had noticed iOur months before
when first indicated to Frank that his father had
used personal violence to me; showed a severe
bruise on my arm; he showed extreme pallor, and
noticed pinched look on his features expressing
severe suffering, both mental and physical; it
alarmed me so much that did not, on his account,
afterwards tell him; he was very quiet, and simply
said,
on this occasion, In January, as soon as myself
recovered, noticed the same symptoms; when he
came ip he had his hand on his athers shoulder,
and said, "Be quiet, fathers" there was no further
violence by his father; after the first occasion
spos him on few during I s
few months when / was receiving Mr. WawOrths
letters, l saw him reading them, and noticed some
OF the same symptoms each time; afterwards, when
ceased to them, frequently noticed SINH
lar symptoms without knowing the cause, and
thought his health was affected; once | saw him
most violently affected. as l knew next day by re-
ceving the letter which has been read was called
up by one OF the children emil saying,
Invent up and found him with his body rigid and
this paor of which have spoken; applied such
profound sleep for an hour; noticed similar symp
toms on various occasions, In greater or less de.
gree he was before first let him know about his
father very gay, JOYOUS boy; after that he was
at times very quiet and distracted; there was
notable failure or his memory; we used to laugh
at him as absent minded: he would so to his room
for some article OF dress to 60 out and come down
without IT,; go down street ana forget his
errand and after locking up the house would
go round to lock UP again, sometimes two
or three times; he was distracted at the table;
several times screams from his room woke me up
and went to his door; his pillow was stained at
times; saw Frank the Monday he left Saratoga; l
noticed his extreme paleness then; noticed his
great palenesS when he in these fits Of alb
stracti0n he generally had sad look he was always
courteous to others, but before this he was lively;
SO far as know, was invariably good, botn as to
amiability and uprightness: there was nothing to
larity in him he was always amiabIe and kind In
the family, but not demonstrative; he had
NEVER IN MY HEARING UTTERED ANY THREATS
AGAINST HIS FATHER;
mentioned to Frank an occurrence which took
place at the Holman House between his lather and
my brother; told him that his father had entered
my brothers room, while he was in bed, and pre-
sented pistol ut his head !; lshe here identified
some nineteen letters directed to her at Saratoga
Springs as being in her late husbands handwrit-
ing) she thought she had not received herself
more than one or two OF them.
Another letter sne identified as one she did see,
she thought, in the Summer of 1922 also six let
tiers received in 1871 also two other letters, part OF
those handed to her by her son seven or eight
months after the separation; one OF these con-
tanned nothing but powder, caps and balls" Mr..
OCOnor explained that probably good many
other letters that day or about that day. The
other letter contained caps alone.
She identified two other letters in the same way
as OF 1871, and another one OF August, 1872, adj
dressed to Mrs. BaGkus, his sister, and one Of Oc-
tober, 1871, addressed to the same person, and q
third sent 10 General Hardin.
STATE OF MIND OF THE DECEASED.
Mr.. 0Conor asked Mrs. Walworth the condition
OF her husbands mind.
The question was objected to.
MIR. OCOnor insisted that an important element
In estimating the condition Of the prisoners mind