The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-07-03
THE WALWORTH TRIAL.
EVIDENCE OF THE EXPERTS.
Charles O,Conor,s Plea.

WOTtn CuSe OpeHcu WIFI tuc tNiucHcc VI
DR.. John b. Gray, who testified as follows:
have resided at Utica since 1850.
| have been a physician for twenty-five years.
! Connected with the New York State Lu-
| matte Asylum.
@. To come down to our case, SIS cpl
lcpsy always accompanied by spasms ?"
A. Yes, but not such as are evident. A
spasm may occur preceptible to a person
having his hand on the patient so that he
perceives the trcmor, while to any one else
II wonld be imperceptble. A condition of
rigidity often preceded by cry is the
first symptom. The pallor is followed by
rcdness of the face and a swelling of the
chest. After that the patient generally
falls into sleep. That is rather the spinal
FORM An apparently milder form involves
the brain and the external symptom is only
slight SILVER Often it is really the more
dangerous form, as 1t involves the gravcr
organ. Sometimes ii develops itself by
sudden manical raving, more than attends
other forms of insanity sometimes by mere
bewildcrmcnt and hesitation. The mind
becomes impaired and the will with it.
The will is practically in subsection.
q. Take the case of man who screams
out in his sleep, and Il little while after is
found snoring and at times frOths at the
mouth, what would you say of itY
A. | would say that it indicated an cpl
leptic seizure. Other symptoms that may
occur are spots on the face or the surface,
indicating cXtravasation of blood. The
dangerous period is not during the rigidity
but before or after. The effect of waking
up a person, subject to epilepsy, two or
three hours before his usual hour would he
likely to bring on a fit. in fact, nocturnal
epilepsy is apt to come on little while be-
fore the waking hour. Epileptic diseases
might well exist without friends rccogniz-
ing it.
Judge Garvin here put prepared ''hypo-
thctical" questions, rcciting the facts, COM
mencing:
"Suppose young man, well born and
well Bred ETC." Then detailed unhappi-
ness of family reations his knowledge of
it his sudden change of manner; his GU
rious acts and physical symptoms sudden
change in ability to study with the curious
actions which sometimes accompanied in
ability to study; headaches, commissions,
languor, uncOnsciousness, pallOr and mus
cular twitching.
A. These facts would indicate II very
marked case of epilepsy with mental inn
pairments. Such adescribed person would
be liable at any time to an attack in which
the will would be wholly impaired.
To Mr. Phelps.-The leading symptoms
in this case denoting mental impairment,
are the facts of his failure as law student
and his forgetfulness of German phrases
which he had before Familiarity used. The
physical symptoms are incorrect with hys-
terics. did not say that the shooting oc-
CURED during an epileptc attack. | said
that he was liable at any moment to such
an attack. Epilcptic attacks are, far as
we can see, unprecedented and cause
less.
DR.. Campbell was called also for the
people. Epilepsy exists generally in a
healthy mental condition. Know what
they arc about perfectly. Can attend to
daily duties. The fits occur at regular
stated periods. May have no mental
mania. See this often in daily practice.
Called on Frank at the Tombs two weeks
ago detailed conversation with him; re-
fused to speak much by advice of counsel
epileptic patient is usually not conscious
afterward of what he has done in a fit
sometimes are; no evidence in my mind
that the act of the prisoner was commit
ted while in a fit.
Peculiar character of epilepsy is the un-
consciousness differing from commissions
in other diseases
This was the last witness, and the case
for both sides closed
MR.. o'CoNoR sims M
Mr.. OConor began ut $40 to sum up.
The case has been presented to you gentle
men of the jurys as gross, vulgar and
atrocious act. On the simple word given
to an act, "Parricide," horrible crime Con
the part of the District-Attorney.) l COM
plain of no unfairness, only error. The
case is mistaken by both gentlemen. Look
at the facts carefully, both with justice
and humanity. 1t is not attended by cir
| ,sa1 1nli
der agree to the word unparalleled.
"Parricde is unparalleled, but except to
that view which would make Frank Wal
worth the person of all in the world from
Adam to commit this crime. 1t is not
the first time that a child has slain
parent, but he believed that this
crime had never been committed at
rocio,lsly and in cold blood The coun-
ing circumstances to let them know how
much of wickedness had been committed
in the alleged crime. He desired to get at
that stage of the terrible drama which
might be called the last act. He drew a
picture of the circumstances which imme-
diately preceded the shooting, from the
Thursday before leaving Saratoga to the
coming to the city. Imagine the condition
of this boy approaching his Goth year He
had been a burden on his mother for sup
port. This prcyed on him. He was there
fore delighted at the idea of going to Eu-
rope, but then he thought of his mothers
unsafe condition.
Mr. OCOnor then dwelt on the prisoner
affection for his mother, brother and sis
tiers. On Saturday he received another in
stalment of that horror that had so been
weighing on his young mind, and another
letter came from the parent, who had so
long prosecuted his family. Mr.. OConor
L.. Nl,a1 lott e Nav
31st, in which NJ. Il. w. threatens to kill
his wife unless allowed to see the children,
and says: "The tragedy must come. "
l Whatever hopes he says young Frank may
, have entertained of peace were thus rudely
shattered He still hoped, in his ineXpe-
! ricnce, to mediate successfully. 1t was too
extravagant to be thought of for a mo-
G ment that Frank came to New York to
: entrap his father in a small room. Why
his explanatory letter to his uncle! Here
the letter to Clarence Walworth was read.
, Does that look as if he was going to muir
der 2 He leaves his tracks as good, hon.
, est, innocent, straightforward. pure-mind-
=, ed lad, under most terrible circumstances,
,, hoping as only youth can hope. He allud-
ed to the borrowing of money his note to
his father and his acts in New York up t6
coming to the hotel, In all showing ne
forethought. They are not the acts of a
person designing abloody, deliberate act
\ 1t is absurd to think so. There is no evi
dence of lying in wait. The son did moi
expect his father so early in the morning
Was startled out of sound sleep ant
makes confused reply to the servant. II.
alluded to Franks bodily condition called
: attention to the evidence given as to the oc
= currences at this time thought that no cry
: of murder was heard 1t was in the ina
: gination of the witness. Franks flying
9 from the room was no evidence of con
4 scious guilt. Here O'Conor described min