The New York herald., 1873-07-02


CONDITION OF EPILEPTIC MANIA
Of which frequently the patient has some memory.
Mr.. Phelps here presented q hypothetical ques-
prisoners father and mother, his care OF his
mother. his receipt OF his fathers letters the last
prisoners letter to his uncle an snnouncins his in in:
tenton to see his father, the arrangements of
sunday, the visit to New York and the circum.
stances connected with IT. the occurrences on
dence, including the prisoners subsequent
opinion as to the condition OF the prisoners
mind and whether he was conscious Of the charac-
ter OF the act ne was dOingY A. see no reason
from the whole question as put TO induce me to be-
lieve that he was abOring under an attack OF cpl
leptic mama; knowledge that he had previously
shown epeptc symptoms would not change my
view; should require flrther evidence OF the
character OF the act ITSELF
TO Mr.. Beach-if knew that the man was cpl
leptic should be more careful to inquire into the
evidences OF alteration OF the mind at the time;
from the evidence as given should not conclude
that the act was epieptc or one OF epileptc mania;
assuming that he had an attack OF epilepsy ON
Sunday, ne might have rene we'd attacks on Monday
ana nae " c sesh Sases o. or
believe no case occurs without some effect on the
mind alter the paroXysm has passed; strong con-
tinued emotion may produce epilepsy where there
Is some predsposition, not otherwise; l cannot
tell in wnat that prediSpoSltiOn consists, but a
hereditary tendency often confirms us in our view
OF predsposition; give a considerable degree OF
significance TO the prisoners statement as evlnc-
ing u memory OF the transaction; his statement Of
TESTIMONY OF DR. KELLOGG.
The next witness called tO the stand was DR..
Abner Otis Kellogg, who testified as lOli0ws:-l am
at present connected with ,he Hudson River State
Lunatic Hospital at Poughkeepsle, but before that
al the State Lunatic Asylum at Utica; heard the
question put to DR.. Parsons; there Is no evidence
In 1t to convince me that at the immediate time OF
the homicide he was in epieptc mama except his
being in an epileptic condition.; epileptics may be
conscious or unconscious; there Is a mental de-
terloratlon GENERALLY going on gradually and lead
inn tvtt tTnof fAlU fn mi Cn I'm nf NIT
DIR. CLYMER'S TESTIMONY.
DR.. Meredith Clymer defined epilepsy as ner-
ness and convulsive movements OF the muscles;
there were three varieties OF 1t, which he d.
scribed al some length with their symptoms; irrit
ability OF temper commonly preceded or succeeded
the htS-perverSeneSS, tendency TO explosive
anger, change OF temper; one or more OF these
was common; a person might be subject to epllep-
tic attacks without being subject to epeptc mania
or insanity; epileptic mania Is simply mania aris-
ing IN an epieptic; he may nave his mind disor-
ATTEMPT TO INTERVIEW YOUNG wALwORTH.
At the District Attorneys request witness went
view of having an interview with the accused.
The latter on seeing the doctor, said that he
had been desired by his counsel to converse with
no one; witness said he respected the advice, but
he desired not to converse with him on any par
ticuar topic.
the room; after q while he stopped and said, ''Re
member, do not object to speak with you myself
DR.. Clymer further SAID that he saw nothing IN
the hypothetical question Of the District Attorney
that would make him think the accused was or was
not epileptlc at the time of the shooting; he had
no data TO go by; there was nothing in the evil
dence that would induce him to believe that he
was in an epileptic condition at the time; ne knew
OF cases when the patients memory was clear as
to the circumstances OF his attack.
The case then rested.
On the resting OF the case by both sides Judge
Davis intmated to Mr.. O'COnor that II he desired
A. fhAf fc.p unrlI nofn n m ANN fnrfh fhn
defense that evening, butw would adjourn the Court,
If ne ne desired It, tn the next ne, @ morning & ,, 10
Mr. OConor then proceeded. He said: "Gentle-
men OF the Jury-Tnis case has been presented to
you by the learned District Attorney in all the de-
tails OF the evidences as an ordinary, vulgar mur-
der, marked by all the features OF re:
treachery, demanding from you and the Court
its due punishment. Presented in the
aspect has been presented to you as the case OF
u gross, vulgar and common everyday malicious
murder-unlortunately every day in common
such as we have presented to us through railroads
atrocious acts of the kind performed by atrociOus
persons daily and hourly. This act has also been
characterized IN the address to you as an essential
opposite OF all these things 1t has been presented
to you in all its terrible distin ctness, and the name
which the prosecution has given TO TINS alleged OF.
fence is what 1t Is called parricide-tne Staying
or II father, crime at which the heart
revolts; crime which the prosecution as.
serts Is unparalleled in the experience and
history OF mankind. Now, IN both these aspects OF
1t the learned District Attorney-and in referring
to his opening complain OF no unlalrness, but
merely an error in the view taken OF the matter
by him IN both these particulars. In act he
is quite mistaken in his view OF this entire case.
In the first place the facts, II you look at them
calmly diligently with sense OF Justice not for
getting humanity they Will reveal To you very
plainly that If an offence has been committed that
offence has not been characterized by any OF those
features III the incidental circumstances tending
and leading TO it, that 1t was not in TACT, accom-
panied by any OF the features which make it in any
thnSp OIL recurring GventS-H
cious and premeditated murder. On the other hand
as to the name which has been given to 1t In the
declaration, that In this respect 1t Is crime un-
paralleed, there Is another mistake. l am dis
posed to agree to the use OF the word ''unpara-
leed :" for believe there Is not on record well
authenticated and well established instance OF a
criminal Staying OF parent since the creation OF
Adam down to the present time. Therefore, If the
pages of history present no other case OF the kind,
then this unfortunately must be recorded as the
first actual occurrence OF the kind. | except only
to so much OF this second view Of the matter ~
denouncss before you this boy Frank Walworth, as
the
CHEF CRIMINAL OF ALL THE SONS OF MEN
who have lived upon this earth since the creation
OF the world, as ythe person to whom IL was
served OF all mankind TO commit this unparalleled
crime-a CRIME heretofore undreamed OF and un-
known in the history of mankind. l except only
to this, inasmuch "a 1t assumes that
GENIE WAS COMMITTED.
1t Is not the first time that child has slain the
parent But believe that 1t cannot be established
that a child ever criminaly, wlckedly and afro
ciously and so as be Justly subject the hatred
OF mankind, ever slew his parent. And gentle
OF the jury, | hope that that atrocious crime
has not yet been committed, and that by your ver
dict in this Will be determined the TACT that 1t
has not yet been committed Now, gentlemen,
taking issue with the oarAed District Attorney on
these two points, you Will perceive IN the first
place, laying out OF view the circumstances that
those parties,
THE ACCUSED AND THE DECEASED,
were father and son. 1t becomes my duty TO lay
before You in such order and detail the whole mat
ter, that IL may he perfectly understood and the
evidence thoroughly comprehended, aud all the
circumstances attending this alleged offence
known clearly to y0u that you may see how much
OF wckedness, how much OF prejudice and now
much ol premeditation OF this horrible sentiment
be imputed, as the prosecution alleges, TO
Frank WalwOrth. Ana nrst, gentlemen, passing
this over, and Tor moment aught that may be SAID
and VIII be said at lurther stage OF my
argument OF the troubled circumstances that
brought Frank Walworth to the condition in wnicn
he Is placed and invite your attention TO the I'M
mediate circumstances preceding the correspond
ence, and the act Itself upon which you have TO
pass. l. therefore, in tins connection, desire to
begin at that stage OF TINS terrible drama, which
ma he mt a. N raj