New-York tribune., 1873-06-28
THE PROCEEDINGS.

JUDGE DAVIS ADMITS THE LETTERS.
At precisely 10 minutes past 10 o'clock Gen.
Davies who appeared with Dir. oCOnor, cxJudge Gar
vim and VIM A. Beach for the defense aud who had
armed himself with complete library Of law volumes,
with decisions Of the for precedents, aud
resumed the argument OF Thursday in advocacy Of tho
admission Of the letter August 10 1872, containing
threats maio 10y murdered against the prisoner
and his mother which of such nature rs TO lead
the prisoner labor under constant apprehension of
personal violence.
The point raised by the Court that threats made to
take effect in certain contingency inadmissble
was novel one. ne said, and he had found but
bearing directly upon the poini-thc of The People
aef Rector in 18th Wendell In that case IL appeared
that the prisoner then trial for murder was the
Keeper OF house OF bad repute. One evening number
OF people raised q disturbance there, aud
leaving they siid to him that they should come again
the following week, and II they were not admitted,
would do more damage tlan they had previously com
mtted. On their coming gain he weat out and struck
OF them with an iron Jar killing him. The Court ON
the trial excluded evidence OF the contingent threat,
and on appeal ChicfJIst Nelson and Judge Cowen
held that the exclusion OF evidence as 10 the previous
contingent threat erroneous Con, Davies argued
at Iength that any aud every circumstance connected
with an affair OF this description. which by any posi-
Lty could have had effect upon te person standing
charged with crime, questions Of fact and such
they were TO be determined by the jury, give them
such weight their Judgment they might b. entitled
Mr. Phelps opposed the application as before, saying
mat the case cited was analogous TO the present
one rs that the accused supposed that the contn
gency had really happened while in tie present In
stance Il was not cOneudcd that the cOntiu cncy
which the threats were based had occurred. oppose
my objection, he added because believe this to be op
posed to the principles Of law believe the evidence
should not be admitted, and remember thnta Trial OF
rnfu IA fri4 pf A. 1f
but Is also in some aud degree precedent
for other trials Upon the disposition your Honor shat
H. to make, as have saId, my opinion has yeryltc
influence bu' desire TO submit only or two consid-
eratiOns / ihink you Will be satisfied that the coun-
sci have sought and Will seek In vain to md auy
parallel FOR the introduction Of testimony OF this kind
threats based upon a contingency which, m the Ian
guagc OF the eminent counsel who addressed you yes
terday happened and could be expected
happen In the mat has been broaght before you
that contingency happened once TINS not an acci
dental meeting of the prisoner and his father but it
planned and cOntrvcd by the prisoner himself; and
he had any TO apprehend hostility violence
the deceased then 1t his business not to have
sOught bui 20 have avoided an encounter Having hun
sell invited tie encounter. believing his father would
be hostile he cannot shelter himself rom any violence
he may have committed under appreheu-Ons of danger
Mr.. OCon0iT think tie matter OF fact stated by the
Di-uct-h tofuoy seems 10 be Ot toe line Of tnis
argument.
Jddgc Dayis-I was JUS about 10 mark that think
those suggestions are foreign to the matter at hand
Mr. O'Conor-Ihev exactly opposite 70 the eyi-
dcnce produced 10y the Dstrict.Auorncy.
Judge DNi,It can have bearing Oh Ibis particular
point.
u ige Davis then decided 10 admit the letter Of Aug
49, 1s72 IN part he sd nat tho late decision OF the
Court Of Appeals Stoscs cssoJ seemed permit wider
atiude. ongender tendency OF beraity In tbs
structiou o me law applying this chhract,r evi-
denct ld. there wa doubt, be should give tho
benefit Of thc d0upt 10 the prisoner hr. Betch then
took excl ptou 10 the ruling far as il exyuded auy
uor;Iaa OF ,he letter.
TERRIBLE LETTER
Mr. 0Conor then said to tbs jury read here a lot
tor addressed to Mrs. Ellen II. WalWorth, Saratoga
Springs. y. " Ths post mark IA Aug -, 1919.
PUBLICATION IIoUsE or CAHLETDS & Co .
UNDER FIFTH AyENUR HOTEL,
NEw-YOKK, Aug 13
how koeny and hercey feel the humiliation OF Reuben
II. NalwOrt's will aud what Scot the dcsrendant of
k'ng Malcolm, Will DO when all has been taken from
h!m. Reuben II. WalwOrth always hated me from INV
cradle. lie always mated any one WHO waA hlgb-spr-
lied aud would speak Ont their thoughts. He always
ke1 erin ding hypOcrites like Eliza Backns and C1ar
WGlworth. Although he saw my ambitious splrit,
he mated 10 because u would not toady his favors
Yankees. Ience from my cradle he prosecuted and
not please him In anything because would not whine
20 hIn about his faVOrites. Everything that | ever
wfuDg from him. even my pay In the spike case.
WTung his fears Tho only reason fhat ne did NOT
epected talent aud hoped would write his hfe He
knew nobody else would
Bht he mas stng me rnndness ma broken M nv
family By gaoDS mo "a lhe Illuminating pO4lr0a VI