Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-03
NEW YORK.
The WalWOrth Trial COncluded-Ver-
diet: Guilty of Murder in the
Second Degree.
Back Pay Ready for SenatOrs-The New
Minister to Russia-A Murderer
Sentenced.
Italians Protest Against the Traffic in
Children-RailrOad Election
Double Suicide.

"OIlu case OiSlIlCl-AllOfney Rnelp.
l concluded his argument for the prosecu
I Ii on. Mr.. O'COnOr, for the defense, ther
made several suggestions to the Judge il
his charge to the jury, including one thai
: charges that the facts, as proved, do moi
show deliberate purpose to commit
murder; that if the accused believed
the deceased to be desperate, it initiates
against the theory of murder in the first
degree, and If the act was the result OF
terror, it was not murder in the second
degree; that as four shots were fired, the
prisoner was only conscious of firing
three, and if no proof is given as TO
which of the four proved fatal, the Jury
must acquit; that if he was in a state of
epileptic insanity, he was not response
bic; and if he was in a state of terror,
which Overcame him, the Jury must ac-
quit. Without delivering the charge,
/ the court took a recess. After the re-
cess, Judge Davis delivered bis charge
! to the jury. He called attention to the
new law under which the trial had ta-
ken place, which makes it necessary
that deliberate purpose and premedita-
tion should exist before verdict of mur-
der in the first degree could be given.
Judge Davis said if the jury were salts
fed from the evidence that young Wal
worth came to New York with the in
tenhOn of numbering his father, then
the crime was murder in the first de-
gree; but If the crime was committed
in sudden manner, in an instant, then
It would be murder in the second de-
gree. Judge Davis, continuing, said
that the defense interposed was
twO-fold: First, that the prisoner was
insane at the time of the act; and,
second, that the act was done in self
defense The second he proceeded to
consider first, and warned the Jury that
there were no such crimes known to
the law as paTricide, matricide or fratri-
eide, however well these names might
be used in common conversation: nor
was this court to take into considera-
ton the laws Of ancient Greece or Rome !
or China, where special laws were en-
acted for the punishment of those who |
killed their parents. In the ewes of the |
law this crime was no greater than the |
killing of a stranger; therefore the |
same rules were to be adopted |
as in a trial for the killing of
a person other than his father, |
and the prisoner is entitled to the same /
consideration in regarding the ques-
ton of justification. His honor charged, |
however, that the jury should not re-
gard the fears which the prisoner enter
tained for the life of his mother, as they |
could not be regarded as any justifica- |
ton of his crime. They should only re-
gard those fears which were personal.
The law did not make it a Justification
when the killing was done through fear
that the life of another was in danger.
They could, however, consider whether
the fear that his mothers life was in
danger did not give point to the fear
which he entertained for his own life on
meeting on the morning of the third.
A later dispatch says Judge Davis con-
Guided his charge to the jury at 4:30,
having occupied little over three hours
10 its delivery, whereupOn the jury re-
-ired. The prisoner was then removed
INTO an adjoining room, where his
friends surrounded him and awaited the
verdict AT o:25 the jury returned into
court, and Judge Davis was sent for.
On his arrival the roll was called and
he jury was asked if they had agreed
IN verdict, to which inquiry the fore
nan answered: 1--WE have. We find |
he prisoner guilty of murder in the
econd degree" The silence which was
reserved from the entrance of the jury
fter the verdict, neither the prisoner
lor his friends utteTing a word. Mr..
Howe then whisperedsa word to Judge
Davis, who announced that be would !
uspend sentence till Saturday morning :
t 1890. The prisoner was then re- |
handed 10 tile toOmbs.
OnJune Both, r. w. Taylor, first-comp- !
roller, addressed letter to the eastern |
enators, saying that the back pay will I
e at the disposal of the senators and
for two years from date.
The San announces that Salvador
'isneTos has been chosen president of I
be Cuban republic, Cespedes having re- '
igned. {
The members of the staff of Ex-Gov-
rnOr Jewell, the newly-appointed min
ter to Russia, rendered him a farewell =
inner last night at the Hoffman house. !,
.mong the guests was Baron Offenberg, !,
ne Russian minister.
The meeting of Italians last evening
I protest against the traffic in Italian
hildren, was failure as to attendance. C
denUuncing the traffic were a
dopted. Ex-Governor Solomon, of n
Wisconsin, was the principal speaker. s.
Frank Gillen plead guilty to murder 81
the second degree for killing his wife fl
few weeks ago, and was sentenced to
Imprisonment for life, with hard labor.
At the Walworth trial to-day a large a
rowd was present. District Attorney Il
helps, in his argument for the prosecu- II
on, controverted claims of defense
nat the prisoner was affected by either
pilepsy or insanity.
Thomas Feerey was arrested, for fatal
beating his mother, in Brooklyn last ot
light. e
At meeting of the Lake Shore di-
.ctOrs to-day w. B. Bishop resigned
Is position as a director. Commodoral
anderbilt was appointed director to y
u the vacancy occasioDed by the death VI
Horace F. Clark, and VIM. H. Van
erbilt in place of Bishop. VIM. u.
anderbilt, August Schen and James Ia
I. Barker comprise the executive COM N
littee. Cornelius Vanderbilt was chosen x
resident la
Specie shipments, one hundred and EoI
fly thousand dollars in silver bars. II
August Maiden and Edward Buchler, tt
Newark, were seen drinking freely in
and in the evening they were ci
und in Waveriy fairgrounds insensi-
e, with q laudanum bottle besidei
lem. Maiden died. u