The New York herald., 1873-07-03
IMPRESSIVE SCENES IN COURT.
Address Of the District Attorney and
the Charge of Judge Davis.
SENTENCE POSTPONED UNTIL SATURDAY.
A Bill of Exceptions To Be
Filed.

Tne Walworth trial closed yesterday, the jury, at
few moments after eight O'Clock last night,
returning q verdict OF murder in the sec.
ond degree. The day opened with District
Attorney Phelps summing up, powerful efiOrt,
which DO sply exciIed the audience, and effectively
narrowed the emotions of every old lady among
the sensation seeking feminines The prisoner
was, a. usual, In his place, accompanied by his
mother and relatives The young sister, whose
attractive face, SO intenty bent upon the wit
nesses as they testified. has been noticed among
the family every day. was absent. Otherwise they
were all present-the onearmed General (uncle),
the decrept, old Chief Justice Barbour; the we'll
preserved old grandmother MRS Chancellor Wal
worthy and the young brother, Tracy. All listened
with the deepest attention to the speech OF Mr..
Phelps, the mothers clear brows sometimes
knitting together with anxiety at his fierce denun-
citation OF her son and his strong argument to show
premeditation.
THE BOY PRISONER
sat all through the speech with his head bent earn
estly forward, his eyes steadily turned on the
speaker and his lips slightly apart. At the Dis
trtct Attorneys startling description OF the scene
In the room Of the Sturtevant House he turned In
quiringly towards the jurors. II to invite by his
appealing look the mercy which the District Attor-
ney was warning them against.
TIE JURY
In the present case was chosen so promptly that
all elements OF intelligence have not been thor
oughy eliminated from 1t. and they listened with
an earnestness unknown to juries under the
old statutes to the argument or the prose-
cuttOn. Most Of them bent their heads towards
the impassioned speaker, as II to hear the
better and one or two rested their heads in their
hands, as II overcome by their emotions. The Dis
trtct Attorney closed his address with very elo-
quent perOraton, which drew sharp murnur Of
applause, accompanied BY clappng OF hands, from
hn nl1nA
~ at once.
:. ARGUMENT OF DISTRICT ATTORNEY PHELPS.
his summing up on behalf Of the prosecution. He
began by alludng to the singuarity of the case In
friends who surrounded him, the relations be-
tween himself and the deceased. and last but not
least in the recall OF Mr.. O'Conor to the bar Ior
his defence. He reJoiced IN the conviction that
everything had been said and everything done by
such counsel that could be said or done But
the case was not rare. He couid not cOncede
that the law was not made for all. He could not
cOncede IL was made for ruilans and villains. The
law was Tor all, 1or their acts, not for their
character. The rufnan must not be convicted lor
his character; the man OF pure Lille who had COM
United crime must be held ior his crime. Before
our law each life was as sacred and involable as
another. No matter how bad, how depraved the
victim, the law said his life was sacred that
Of the lovehest; no matter how degraded. no hand
SATISFIED. Nor did the law make any distnc % ton
because OF the relations OF the parties. Our Anglo
Saxon law made no such distinction among crimes.
Whatever there was OF feeling, OF honor, Of re-
morse making a distinction between such cases,
1t was but for the killer himself. Even Il by acci.
dent such killing occurred, Ii might well be that
this
srRANGENEss OF CRIME
30 the doer. But with that the jury had nothing
10 do. All they had to consider was whether Mans
aeld Tracy WalwOr had come to his death at the
hands OF the prisoner and whether that was by
the deliberate, premeditated design OF the prs-
,opng and trusting tnev Would horoasny sna
carefully weigh all the matters In the prisoners
interest," give him all reasonable doubts, and only
sonvict II they were clear i'll their judgment and
decision. And first he invited them to the consid-
,ration OF the state OF the prisoners mind. 1t was
perfectly true that IN Insanity no case OF
aOt be mere passion; Men were bound
Ielfinduced insanity by drink or the encourage
nent Of any passion The law said II he was con-
was responsible lor them. He was not unconscious
OF this, for at once he recognized that ne was
.menable to the law by giving himself sell up to Its
On which the insanity was supposed to be founded.
DE endeav0red to establish the
THEORY OF sELF-DEFENCE,
and these letters were brought in. He should show
that these letters, brutal and disgusting rs they
ofany one who received them. The killing was
conceded. Who was the deceasedy They had heard
iend MIN except as 1t concerned this case. Coun-
sci told them he was one who unpacked
s eaTs nd pro,d m ID woSs
IN his literary genius, disappointed, and as too
many men do venting his spleen ON his wife
yet not wholly bad In some respects he was kind,
gentle and loving. He must have had some means
Of attracting love, for this woman, so truly por-
trayed by the counsel gave him her young love.
dis letters teemed with threat and abuse yet 1t is
plain they were understood by those nearest to
him. He made the most violent threats unless GER
tain things were done or not done. Yet this lady,
rightfully enough, proceeded, without regard 10
them, to follow her own course. No regard was
PRIGHTFUL THREATS,
and nothing resulted and they knew nothing
A.tld IVAN az and Lass
acquainted member OF the family he makes
the same DIRE threats. The brains OF the
to be spread over the whole country. But
he, Ike the rest disregarded them, and stlll lived
To illnmne the Bench at which he presided. Cen
eral Hardin, the only one whom he personally at
tacKed, equally disregarded them. The only ones
who seem 70 nave been IN real danger were the
Post once employees, who in an unucky stamping,
might have blown themselves up. Not one OF his
family took any notice. No answer Yves ever made.
No attempt at restraining him, which was SO easy
had they attached the slightest weight 10 them.
Not one attempt at conclllatlon; not one word Of
answer or attention. Bad as he was he did re-
member At times those who were knit to MIN by
ties OF interest and affection, and so when he met
his son
THAT FATAL MORNING
IL was the first time he had received any communi-
cation from his family In seply to all his entreates,
regulated heart.
The other party was boy just blossomng into
manhood, VINO, II he had not been taught to hate,
bad never been taught 10 love his father: who had
earned TO look upon himself as his mothers pro.
Lector anu on MS latner as ms most bitter anu
herce prosecutor. lie had no desire to say one
/, word against this boys character; they were told
that IN nim was the blood OF Walworth the just,
3ut possibly II had been transmitted in its deriva
,non through his father In this state OF mind he
an'yrcepts his father's letters. He Is offered
Gn,amsl 70 Europe, and Just then. after an
,nrer,S ,ar r.Sy Of SIX months, came another let
te,;.rs arkaoie, as compared with the other
nIenh for Its absence Of the terrible
otras otaspheny ,e forming some Of the others. 1t
20 %s ~ v grounds OF the passionate ouSpour-
na % or n,,, closing with the threat not so pas
Sn VI pusa , those OF many previous letters
be the boys nature ,sys,innS eWhS tbs father VINO
has been the bane 4, yo,. ~ ,nyns M ago,n md
breaks this new hope wnn,t O, stand n Will mt
an end TO IT, What w,a,i.r M ,,,S .hia az aate rmipa
tion he silent and rooa, Wv" ua . arc Tnwn IN
sunday and writes lettsT ~ h,s nnc,a % rhat ,et
ter was most important "a shou,nn % mo feeI,no
my trip will deternIne nv oo,"n n Enrone or
anywhere else. VIII be veSv sorpss ~ ~ shaI have
caused you any trolble or expensa',i Whn cannon