New-York tribune., 1873-06-27

.I..s
ur oConor argued that 10 was worry import'hs !" "D"
from tho habits OF both the deoensen a"u n'
nrisouor OF lying late In bed tnA' ''0
ing was very unfortunate for potn. ho ".o
10 show the habit of the accused, aiso OF S'Ss up
ht and wing late In and the evidence 40 far was
-, -, - ,,,d,,ssed when he came to the door OF his
~ a., renlv "a the knock OF tho messenger from when
/, 70 infer that having his slumbor broken
nv bpg aroused suddenly he was confused anu forced
into hastv actions the singular VISIT OF his father Ht
50 unusual an hour. Judge Davis excluded tho tes-
,nony and Mr.. Beach took exception. An offer was
then made by defense to provo that the accused was
not IN the habit of rising carly, but tho testimony was
excluded.
The witness was then questioned by Mr. OConor az TO
the intercepted letters she tes1ed that lt was seven
OF eight months after sho left Mr. Waworth that sho
first learned that thpse letters addressed 10
her; after the Monday morning when her son dlsip
peared she discovered Large number OF such letters IN
Franks secretary she aware that the letters Aep'
from her were generally opened by someOody'
O. DO you recognize the handwriting OF ths le''er'
A. Yes; II Is written by M Walwocth; do not remeh'
Der receiving IL myself II was Frank who got H.
Tho letter referred TO was dated from Carle0hs ; fuo
Hcaton Onice. Aug. 49, The question "What ehect uu
the reading of that letter produce on your son' was
excluded.
TIE INTERCEPTED LETTER.
ur O,Conor 1t offered In evidence letter written
fru NewYor by the deceased, MAY So lSI3 to the VIII
ness at Saratoga and not permitted to re1ch he anu
tier from the prisoner 10 his Uncle Clarence lhcosluK
the letter OF his father. Counsel read the eters 1n
letter OF Frank WawOrh sets ont by thanking MS uuco
for an invitation to g. TO Europe whion DC saSS no
should be glad If he could accept with MS mothers con
sent IL then proceeds
lam Of opinion that It would be neither safe nor wise
IN leave her unprotected against fathers hands IN
fact DO not think her situation L Dy any means @ s
ono az IL is lncOse gttcr from Ialhef " heI Mnn
RECEIVED Yesterday. am going down 70 NY" 1orh ~
the morning to try TO see him. and my w. Wi'"V|.
informing mother, for she would ieci NcIJ az @ i,
trp will determine any question IN feStId .! NV Eps"
TO Europe or anywhere ose VIII DC e n'ai,'c Ag,e
shall have caused You any trouDs W - IyoTru
tionately your nephew, l"ANN " ~" a.,
The inclosure his fathers letter "Tlsh 10 @I''
Waworth;
lavs-7 o'clock IN he Hor1iRg-Prepare yourseii ior
Tho i1evitabe im gctiiug OVrr my Wa lnE iNNtit
auf shall be ont OF rJn in a Few plFs, @ al E}'ts
to call upon children NJ heart u staiNing "i w ta. ]
oaresses Mike the interview when come just hs easy
and pleasant possible, cannot eth3 AZ " ~, ~
much longer. will see tlein,rleo t t ~ Ine' , o
with a tragedy II must IhcIr uttic lac' nui' ',' Il
they mine Popish cruelty mus Dg,l & 70 @ to t
ma1d a. fafhers heart or the WalwOrh name go'7 ou1
in blood Keep Frank Va worm ol oi my Wy, 70 ~
taught him tO hate &c, ana Ms, ptei'hco VI ~ w
want 10 sec my tils rs, aud come away pedced'b
Beware that you do tu way arouse the phrul'
which you have known exist since you ei5 me ls,e
is a reasonable WAY To @"al WIN iI %Snaii % - y r
rrhts under that decree with no further lcgal dey "'
expense have conceded promptly every rigj' 10 you
under that decree, and now an gong 70 s-o 5 N. YIN
dreu: uni shall not bring them dp " Aitc tnct %
inc
viii do 10 n yOu can from your associations Win ttm
aud tcn snail shoot sou and Dyself On those door
i 'ri,,lf ren Harliu ANA you vi. Ind me prompt 10
do right. / am DrUkcnlearted d,speraio' save IIli
letter FOR the lawyers and The courts, II you please p'd
i my LAWYER now, that rcHoI-, Tess brutal God thdt
you aud T. IN Backus, ant c. A. WiWorth WORSHIP hlt
d ioat avs to the berct Tiger. xii" on you
wreth that kept NE two years from the little hHuds
ni icTy and mifortndes should nv children refuse
Ia rc X 10 mo in the streets OF osrltogl, shall say
broken hearted father. All y LOST, anI traLF mast
come. wnen know from the conduct m oi
hate me, that moment two pistol thJs NnI rins ap'ut
That house, one sayns YOU Ile ohyl ~ s snD"
but Ce moth must die when that discovery reaches ny
brain TIA. you have estranged my young children nom
love M then lfs is valueloss and shan dc Vi,u
feeling OF luxury md rest nat YOU Y nave TO at.eh"
@ p,V ~ y" U H. ~ for NV hft,e children. n
Won bad conmol Won would know how 10 appr'ci-
ate tie danger. MANSFIELD TRACEY HAL"oHih.
Judge Davis said he woud consider what portions OF
wont" admit mt the testers whole
should be excluded.
Mr. O'Couor argued that they admissible as
proof Of blood thirsty feeling OF the father 10 the
whole Wllworh family, and as calculated 10 We zen' m
connection witi others Of similar %n! hii deirfeAee
in the son.
Mr.. Beach followed Ia an Argument mat the letters
were necessary Tor the Jury 70 enable them to determine
the condition OF mind Of the two men VIXEN they net,
and the state OF tho prisoners mind wlel
ne fired the shots. Taey were necessary
also TO overturn the theory OF the prosecution
that the prisoner in sefpOs"d frame OF mind aud WITH
deliberate will shot down patient, ndug nc, ana low
ING father ana thus having got his father into trap.
committed tile execraho ac. ever parp citrate On
the face Of tho earth II also uecrssarT 10 enable
the Jury 10 say how far the prisoner, saiemont before
the Coroner was Trustworthy
Judge Davis asked whcther they had any other evi
dence to That the prisoner justified IN shooting
BIZ father in scli-ic;cns'.
Mr. O'Conos replied that they had eITcum,,Intia evi
dencc.
MIR Phelps said he should permit the Introduction
OF ydencc only tending trucc IA" character Of the
dead man.
Judge Davis said be was embarrassed. lie wished, II
any doubt arose. give the benefit, any Judge would
10 the accused but he Gii not tho matcrality Or
threats against a third party, namely. the witness on
tn stand John Doe has no right TO shoot HcAari Roe
because Richard Roe threatens 10 Kill Robert sykes.
JrDGE DtvIs's DECISION.
Judge Davis after long discussion, in rendering E-
decision a. tho admissbity OF the entire contents
OF the letters OF Mansfield 7. WalwOrth, said;
The discussion has hcen ao prolonged ~ 70 the prnci
pc involved in th, question nat ~g are very apt 10 oee
sight of the exact pr0po' ioh IN n Inc tl g.i
admissible a. tending to show whether the Nllng w3s
justhaDie on the ground tat mo prisoner, .ii9
Tood reason 10 fear tIIt it was in imnmeut
faugeri There positive and unegnSOcai
threats where the question of sof#efcnse on al,A
rrpund. arises which always admissible. and the
question presented here whether threats Of Mansfield
4 Walvorth contained IN these letters were % char
acer which not positive but cont r~cut IN Il ,ir na-
ure can think OF ~ hCtHr illustration Of the lic-
Ter of such threats thtn That which has occurred In my
own experience since have been upon this b'rc1.
short time agO ! had undcr com Iteration worry in-
,nrtaut auesOn-Whcther or nOf thought thec" was
sufficient gronnd TO grant stay Of proceedings 10 yr
impDrtant case. While HAT question was pHndin,s
| beinro me- 1 received large number Of
thrcltening my life in most positive mnuncr II I
should decide tavOrdbly 20 stay Uf pr0ccodngs Can