The New York herald., 1873-07-01

Pond; 1t was correct 30 far as he remembered all
Q. On the Sunday before the occurrence did you
notice anything unusual in his countenancep A; !
muscles Of his face were contracted.
Nothing OF importance was elected In the Cross
examination.
TESTIMONY OF G. W. SMITH,
Mr. Smith resident OF Saratoga, testified
BY Mr.. O'Conor-On Sunday, the lst OF July,
Frank and Mr. Pond called at my place; we talked
about various things; finally Frank asked me to
let him have some money, that he was going away
on the next day and would be back on Tuesday;
to my store on Monday morning would give him
some; he came on the Monday, and gave HIM s15;
ne said he would be home on Tuesday and make IL
Q. How long did you know hlmY A. Three or
four years.
Q. What was his general character A. Very
good indeed; never heard anything against him.
by Mr.. Phelps-What Is the lare from Saratoga to
New York A. Four dollars and q half.
O. What was the conversation about on Sunday
A. About various things; he came to the store the
next morning little before the train started.
knew Frank he was studiOus and capable, but
latterly he seemed not to lose his capacity, but his
memory he learned German with witness and he
spoke II pretty well and wrote It with case; words
that he learned and remembered in his earlier
studies he had forgotten, as II he had never
learned them; lattery, instead OF his usual cheer
fu manner, he became gloomy, mor0se; som, mes
1t was painful to see him; he would complain OF
great WEAKNESS and be long In bed; his face would
was IN his throat
The crosses xamination was unimportant
Mr.. AnsOm M. Boyle wanted to tell a long fishing
story but ne was so slow and circumstantla about
II that the Court and counsel both agreed in cut
ting nlT short, and ne was dismissed; some
amusement was created by his evident reluctance
to miss telling his story; but he finally had to sub
side.
Winnifred Roach was housekeeper for the Wal.
worths IN Saratoga; knew Frank well; the morn
Ing after he had gone she noticed bad stains on
the pow-blood stains; heard screams from
these stains many times before that,
during Winter and Spring, ana had heard
him scream two or three times before; his
appearance was very strange sOmetimes-very
pale and forgetful; he'd travel around the room
and around the yard as II he was lost entirely and
ready to drop away; he'd come down to relock the
doors as late as twelve O'Clock; he was the only
male in the house except Tracy.
by Mr.. Phelps-He would come down at midnight
ana unlock and then relock the house; In my room
could tell his movements; sometimes he'd go out;
he would do this very near every night; once In
he'd walk fast; Saturday evening before he lett
home noticed this.
Joseph W. Hill. recaled-Has known Frank for
over year; when he first came to his law ofhce
he was studous, but soon he observed something
that made him believe Frank had something alb
sorbing on his mind; he wouldn't converse as
usual and made no progress in his studies; these
habits continued, until finally he would come 10
the Qfice and notice nobody, sitring there unOccu
pied for two hours and then leaving he complained
OF being languid and sick.
Dorothy smith (colored)-Had been servant of
!he lamiy all her life; knew Frank since he was
fell from a car and was hurt back OF has head, 1t
was bleeding; last Summer his pillows where he
aa spt night were na
times; used to hear him scream in his
sleep; in 1852 he laid for two days with sort
the mouth; had been fishing and thought 1t might
be the sun: the day before the Southern tourna
ment @ in saratoga, IN August, he was sick again
and found him in COMMISSIONS; bathed him with
warm water; don't know If 1t was the effect Of the
sun.
Thomas w. Todd said-I reside at Syracuse;
knew the prisoner in 1870; he was playing game
at ball; Frank became insensible for halt an hour
but no one else did; the next day he was languid
John l.. Barber said he had known Mansfield
Tracy WalwOrth; knew him twelve years ago; 1
saw him put on Confederate uniform, and he
said that he held commission in the Confederate
army; this was al the time Walworth was in Wash
ington; told the Secretary of State, and, on sub
sequent inquiry, l found that the story was not
true think he said he was captain in the army
he told me at the time he WI was N IN the employ Of
observed that he has appeared very moody and
occupied; have frequently met him on the side.
walk and he has never noticed me have noticed
that his face was peculiarly pale and there were
resided there for some years ; am physician and
surgeon; had known the prisoner for several
a1d h good
known Frank Walworth have you 'notced any
change in himp
or seven months ago he came to my office in the
afternoon; he was IN the habit OF coming there
once or twice week to play billiards. asked him
to go upstairs; we went up and he sat by the WIN
dow; he looked out and looked up; said to him
Have you tired yourself out so quickly ~ he
my cue; he went to the table and put
the white balls, where red balls should go; Just
before striking the red balls he noticed his mistake
and SAID that was not the way to begin game; he
then placed his balls properly and played half an
hour or so; noticed that he had peculiar ap
pearance for day or two afterwards the second
time noticed any popularity was when he called
one evening and we played said to him II was his
turn to play he made no remark, and said to him
q sharp unnatural voice and said, 'He was ready =
he sprang up from his seat and struck the balls
with great force the stroke counted, but instead
OIL playing the ball again he struck one Of the RED
balls SO hard that 1t dropped on the floor, and
almost instantly he dropped into the chair; his
heavily and he was snoring; sat by his side and
said, Frank, what ails you ~ he made no reply
but made an effort to open his eyes; think he
listless voice; otter Gree or four seconds be put
on his coat asked him where he was going; ne
six O'Clock and he promised to be home at six;
asked him II he would not stay ana finish the
game; he said. mo, he mad to be home al
SIX oclock;" at the same time he began to take OF
ms coat this WAS about five or SIX O'Clock; die
not notice any decided symptoms Of change unit
opHS pae nwe or sS weeks he got into
fever; after several minutes had passed and he die
not make any remark, looked at him and saw he
was staring right ahead, and his face was livid;
said to him, "Frank, are you sicks" he did not SAY
anything but continued to stare; then put my
hand on his shoulder and said Frank, are
you sckS" he did not say anything
but continued to stare; he then gave
me wild look, and saId "How far is II
to the springss" then said to HIM, Frank
what is 1T you complain OF ~ he then repeated
again and again. the word "fruit,'; 'irult;n his
arm was very rigid and his muscle relaxed; he
said, "Did you think was going TO lruisr' said
"YOu acted so strangely l did not know what To
think OF IL )" asked him what he meant when he
was going to strike me; he put his hand up to his
Eead and said he could not conceive any reason
why he should strike me.
z. W!.l you please state in general way what
these things inafcates A. 10 my mind they indi-
cate epilepsy. :.
z. Is that condition affected by the sossou of the
mindr A. Yes; ellptical mania.
Crosse Examination by District Attorney Phelps
have been physician for several years; was in
charge Of Albany Lunatic Asylum where | had
forty cases OF lunaey under my care.
At the conclusion of DR.. Grants testimony, 1t