The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-27
LETTER FROM DECEASED TO HIS WIFE.
Important Question on the Admissibility Of
Threats Made to Third Party as Evil
dence for the Accused.
Franks Letter to His UncIe-The Invita-
ton to Go to Europe.
SCENES AND INCIDENTS.

Strange to say, at the opening OF the Court OF
Oyer and Terminer yesterday, although 1t was
known that the first witness for the defence would
be called in the WalwOr:h case, there was no
crowd at the doorways In the hall leading to the
chamber. This was not, indeed, because OF lack
of public interest In the case, but more on account
Of the stringent regulations OF the police on guard
at the doors, who were memorable in executing
their orders to allow person not specially
authorized to enter the court room. Still, about
eleven O'Clock, large gathering OF would-be
spectators assembled in the corridors but, as by
that time all the seats had been quietly filed and
all the available standing room occupied, they mad
to go their separate ways without having been
able to get even peep at the lucky ones who had
got in ahead OF them. There was quite number
OF ladies present who thanks to the gallantry OF
the attendants, given seats within the sacred
enclosure usually reserved for members of
the bar and other privileged persons. Many
OF them were old stagers In the murder
trial line OF spectators, two OF them having at
tended, 1t Is said, every murder held in this
city during the past ten years. Immediately be-
hind the counsel there were several lady friends
Of the Walworth family, several having been sub
pGnaed to attend, and others OF them hav-
ing come merely TO give testimony by
their presence to their friendship for the
prisoner and his mother. The prisoner did
not look as well as he did on Tuesday when the
jurors were being selected. He appeared rather
fatIgued and careworn, though the trial had al
ready begun to wear upon him. He BESIDES looked
much more subdued, and had none OF that jaunty,
don't-care air that was SO unmlstakable in his
every movement the first day OF the trial. During
the examination Of the witnesses he appeared list
less and paid by no means that attention to what
they testified to which he gave to the cross xam-
nation Of the Jurors two days previous He sat
most Of the time with one arm resting on the
back of his chair and his head pressed
against his hand DR.. Echeverria, who has
figured 80 many times in murder trials as an ex-
pert on insanity, sat behind the prisoner during
the entire day.
The proceedings were OF an exceedingly dull
character throughout the day. the counsel for the
defence calling several persons from Saratoga to
the stand to prove the reputation for amiability
and courtesy and goodness generally of the prs-
oner. The District Attorney cross-examined none
of them at length, contenting himself simply with
putting the pertinent question to each, "DO you
know that he was In the habit Of carrying pistol
during the past three ycars?" To this every one
replied in the negative Father Walworth was
called simply to testify as to Franks good charac
ter and to identify certain letter he had received
from HIN the Monday previous to the shooting and
in which he enclosed another, the which the rever-
writing of his brother, the deceased.
TESTIMONY FOR THE DEFENCE.
The first witness examined was Mr.. Augustus
Ebert who testified that he had been subpGnaed
by both defence and prosecution; on the morning
OF June ne had occupied room 265 in the Sturte-
want House, which Immediately adjOined that In
which young Walworth was; he heard some loud
talking, but was not fully awake until after the
first shot he could not distinguish any OF the words
made use oil, and heard no cry OF murder; on hear
ing the shot he had jumped out oil bed and pulled
the bell violently; heard no sound OF the bell ring
ing b being lung N n tine once down stairs
cited at the time the only wordsl could distinguish
were "hope,n mother" liar, !" but could not make
out any connected sentence
A NEPHEW Or THE DECEASED EXAMINED.
Clarence L. Jenkins, the next witness, testified
| that ne was a nephew of the deceased; lived In
Albany; took charge OF the effects OF NJ. T. Wal
! Mr. o'Conor-Did you find the pistol in his roomY
Mr.. Pheips-I object.
| Court TO witness)-wnen did you take charge Of
Witness-About a week ago.
MIR. o'Conor-Ihe room was in charge OF the Cor
Oner all the time
Judge Davis-l Go not see how this testimony Is
! admissible.
Mr. o'conor said ne would withdraw the ques-
! in at q later stage o. the case.
REV. JONATHAN 7. BACKuS
on the stand-Testined that lie married a daughter
! OF Chancellor Walworth; lived forty years in
| schenectady; knew the deceased we'll and all the
family; was acquainted with the prisoner, and
knew MIN 10 be "a boy OF excellent character and
good disposition; he was very mucn attached to
his mother; had no vices and had very high
| reputation.
FRANKS CHARACTER
Mrs. Backus, vile OF the previous witness, said
ane accused was Doy Of very Lovely aspositon,
John N. Davidson stated that he had married
! sister oil the deceased; was well acquainted with
| Frank Walworth; knew his character to be good;
| he was very much devoted to has mother; was
amiaDlc; had no vices.
] District Attorney-Did you know that he carried
pistol for the past three years A. No.
Chief Justice Barbour, OF the Superior Court,
| knew the chancellor very well, and also the de-
ceased; the Chancellor was brother Of witness
or i've years back; knew nothing OF his reputation
outside o. his family but in his family he was
for his mother, and he knew of no vices that he
was addicted TO.
Joseph W. Hill testified that he was lawyer of
Saratoga, OF the trm of Batcheller a HILL with
whom the accused studied law he had an oppor-
tunity OF knowing hts character, and found him
lad OF good character and without vice; his part
ner, General Batcheller, he did not think could be
present at the trial; he did not know Of his carry
ing pistol.
knew the Chancellor; his acquaintance with the
prisoner was extended and lie knew him to be OF
good character and had never heard q word said
William Q. Barrett, Justice OF the Peace at Sara
| toga, knew the prisoners character TO be good
| and did not know OF his carrying pistol.
Arson NJ. Boyce lived at Saratoga Springs;
knew the Walworth family and the prisoner; was
! School Commissioner and Justice OF the Peace;
the character OF the accused was most exemplary;
he had nigh reputation among his young asso-
| ciates; never knew OF his carrying pistol.
Otto Won Below, principal OF the boys boarding
school which the prisoner attended up to last May,
knew him TO be very amablc, mild lad without
any vices; did not know that he carried pistol.
TESTIMONY OF PRISONERS UNCLE.
Clarence A. Waworth, Catholic clergyman, was
next called to the stand lie testi1ed-I am the
eldest son OF Chancellor Walworth; reside at Al
bany; am flty.three years OF age; that Is the
original will 81 my lather document shown HIM
the executors are Dr. Backus and myself; Mans
field 7. Walworth was ten years younger than my
self; he and were the only TWO sons OF the Chan
cel0r his daughters were Mrs. jenkins, Mrs. Da-
wilson and Mrs. Banks; knew my brother very we'll
and also his wife; my mother has been dead many