The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-06
The Cool and Gallons Demeanor Of
the Young Prisoner.
Scenes and Incidents in the
Court Room.
MIR. CHARLES OCONOR's OPINIONS.

feeling, stirring, as was clearly evident the
depths OF his heart-a scene where the con-
demned criminal, Of that tender age when the feel
ings are most susceptible Of emotion, betrayed
nothing OF youthful susceptibility. but only the
seeming cool callousness OF o veteran onender-a
scene where In oil the concourse Of rea-
tives and friends, his mother ana brothers
and sisters and uncles and aunts, the whole family
circle, in fact, being gathered about him, not one
evinced the slightest token Of emotion-a scene
where everybody else in the capacious and crowded
court room was deeply moved ana tearfully looked
on and wondered and silently asked themselves
"Can this be9''
WAITING THE JUDGES ARRIVAL.
At ten O'Clock the court room was crowded At
this hour young Walworth had been brought by
the Sheriff from the City Prison. At this hour had
also arrived the relatives and friends OF the
prisoner, who had been in attendance with him
through the prolonged progress of the trial.
Counsel on both sides were likewise punctually
present Judge Davis, prOverbia for his pune
tuaity, failed, however, to put in an appearance,
and Of course nothing could be done until after his
arrival Meantime the youthful prisoner and his
circle Of family attendants renamed In
THE ANTE-RooM.
The latter chatted gayly enough, but young Wal
worth seemed uneasy, restless, nervous. 1t may
have been the heat that affected him. 1t may have
been the turning backward of his thoughts and
memories to that fatal morning III Vhe Sturtevant
House, the result of which had so changed the
whole course and current of his young life. 1t may
have been the horoscope OF his future-so black,
desolate, hopeless 1t may have been the yelling
up Of the thought he could not still, ''Who' care
for mother now 2" lie walked backward and for
ward uncasy. He wiped the perspiration from
his brow He silently shook hands with his friends.
la n
had ned from his heart. Care had cankered him.
Who knows but 1t may be remorse? He had dis
guised it in the court room but he could not dis
guise it now. But how quickly he changed Judge
Davis at halfpast ten O'Clock had arrived, and he
was summon ed into the court room. He came
into the room with quick step, his friends fling
after MIN. All his old easy, seli-confdent manner
had come back to him. He took his customary
seat, and his mother her seat on his right and
little Tracy the one on the left Directly III front
OF him sat his counsel, Mr.. Charles O'Conor aud
pcred something TO Mr.. O'Conof aad then began
tanning himself with his hat. He spoke also to his
mother. 1t was the same Frank walworth that
had been on trial through eight long days. The
crier opened the Court. There was breathess
silence throughout the room.
MOVING FOR SENTENCE.
District Attorney Phelps slowly rose in his seat
and addressed the Court as iOllOws:-The trial of
Walworth has terminated by q verdict by an i'm
partial jury OF murder In the second degree. 1t Is
tence upon the prisoner in accordance with the
verdict pronounced against him.
wALwoRTH NOTHING TO SAY.
"WalwOrth, arise" said Mr. Sparks, the Clerk
as soon as the District Attorney had taken his
Young Walworth did as hidden, holding his hat
carelessly in his right hand and throwing his head
back at tnat peculiar angle, his face at the same
preston So notably characterizns him throasheat
the trial. He looked Mr.. Sparks steadily in the
"what have you to say,n continued Mr.. Sparks,
following the usual formula IN such cases, why
Judgment OF the Court should not now be pro-
nOunced against you according to law ~
Waworth brought his left hand, which had been
hanging by his side, up to his face, Strengthened
himself back ana moved slightly from his position.
1t certainly seemed for moment as II he intended
to say some thing. Not word, however, came
from his lips, but ne compressed them If anything
81 have got nothing to say; you do all the talking
I'm ready to lsten."
PASSING SENTENCE.
Judge Davis as If IN doubt whether the prisoner
intended to say anything, waited July hall a
minute, and then proceeded to pass sentence. At
seemed as though his voice would choke In the
depth of ms emotion. He spoke with great slow
nessd ai in q the any room SPOKE eoa as
"Waworth have never been called upon in my
s p91T%b painful duty aSn
benefit Of counsel, not surpassed, Il
selected substantially by yourself, you have been
convicted of the crime OF murder in the second de-
gree. The punishment OF that crime is fixed by
Statute. No dlscreuon is lett to the Court. 1t Is
severe, but the Court deems your case it is none
too severe. IL separates you from your friends and
your family and cOnsgnS you Tor life to the state
Prison, from which you probably can have no hope
OF escape unless, possibly. at some lutnre day,
through Executive clemency. The evidence In
your case, in my Judgment fully
JUSTIFIED THE VERDICT
which has been rendered against you, and have
fearful doubts that 1t would not have justified
verdict Of murder In the first degree. for cannot
conceive what motives you could have had In
Coming to New York, seeking an interview with
your father and almost Immediately shooting
him down. except upon the ids ns thas
life should be terminated by your hand:
hope, however, that the Searcher OF all hearts
animated by that generalization and deliberatlon
which the statute now requires to constitute the
orm Is rendered u nsS aoeey painful By the TACT That
you belong to q family honored and distinguished
both In the civil and military annals OF your coun
try. Your grandfather on the one hand was, as |
has been truly said by your counsel icr long
time the chief equity Judge Of this great State, and
the private virtues that advance and elevate man
second to none who nave adorned so high sta
the tIUn moshes side e noby lighting for his country
on the field OF battle, and lett record OF
which all his may De- SouIPS proud
express my sorrow that the memory. OF those
great and dstin guished ancestors should not have
restrained you from the COumlsslOn VI SuCn
crime as that of which you are convicted. Your
poor mother had indeed, great cause to regret her
relations to the father whom you have slain. You
also, undoubtedly, had great cause to feel not
aggrieved merely, but ashamed aud indignant at
the long course OF outfages toward her and toward
his family; but bad as he was, you were not TO be
the
AvESGER OF THRsE WRONGS.
He had done nothing to forfeit his life, even 70
the laws OF his country, and least OF all bad he
done any thing to forfeit his life at the hand OF his
own and eldest son. When look back at that
momep t when YOU constituted yourself his execu-
toner and slew him In that room with no one
present but yourself, cannot but leel tnat tnat
death must have been
MORE HORRIBLE THAN A THOUSAND DEATHS
in any other form. Called by yeu to your presence,
apparently for the purposes OF peaceful inter-
view to settle family dficulties invited to seat
in your room and apparently almost instantly con-
fronted with weapon Of death In his own sons
hands, what thoughts must have rushed upon him
at that moment when he found that the person
IN NOM no \ noe ted had come 70 him for the Dur