The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-03

NEW York, July AIN the Walwortt
case District Attorney Phelps concluded
his argument for the prosecution. Mr..
OConner for the defense, then made sew
eral requests to the Judge to charge the
Jury including one that he charge that
the facts as proven do not show deliberate
purpose 10 murder, that II accused believ.
ed deceased To be desperate it initiates
against the theory OF murder In the first
degree, and If the act was the result oil
terror It was not murder IN the second
degree, that as four shots were fired, as the
prisoner was only conscious oil firing
three and as no proof Is given which OF
the four was fatal tho jury must acqut;
II he was in state OF epileptiC insanity
he Is not responsible and If he was In q
state OF terror which oVercame him, then
the jury must acquit. Without delivering
the charge the court took recess.
After recess In the WalWorth trial Judge
Davis, delivered his charge 10 the Jury,
calling attention 70 the new law under
which the trial has taken place, and
which makes It necessary that deliberate
purpose and premeditation should exist
before a verdict Of murder In the first
degree could be given.
Judge DAVIS said II the jury were salts
fed from the evidence that young Wal
worth came 10 New York with the intent
TO murder his father, then The crime was
murder In the fist degree; but II the crime
was committed in sudden manner, In an
instant, then 1t would be murder In the
second degree. Judge Davis continu-
ing, said that the defense interposed
was two fold that the prisoner
was insane at thetime Of the act, and sec.
ondly that the act was done In self-de-
fence. The second he proceeded TO con-
slider first, and warned the jury that there
were no such crimes known 10 the law as
parricide, matricide, or fratricide, how
ever well the names might be used
in common conversation; nor was
this Court 10 take into consideration
the laws Of an ancient Greece,
Rome, or China, where special laws
were enacted for the punishment Of those
who killed their parents. In the eyes
Of the law this crime was no greater than |
the killing Of a stranger, therefore the
same rules we're 10 be adopted as In o
trial for the killing Of person otherwise
than his father, and the prisoner Is enti-
tied 10 the same consideration In regard 10 |
the question Of justification. His Honor
charged that the jury sould not regard the
Tears which the prisoner entertained Tor
the lite OF his mother, as they could not be
regarded as any justification for his crime;
that they should only regard those fears
which were personal. The law did not
make It justification when killing was
done through fear that the lie Of another
was IN danger. They could, however,
consider whether the fear that his moth.
er's life was in danger did not give
point 10 the fear which he entertained for
bis own life in the meeting on the morn
Ing Of the Sd Of June. --'5
Judge Davis concluded his charge at
4:30 P. NJ, having occupied a little over
three hours In It's delivery, whereupon the
Jury retired. The prisoner was then re-
moved into an adjoining room, where his
friends surrounded him and awaited the
verdict. At $40 the Jury returned TO the
court and Judge Davis was sent for, on
bis arrival tho roll was called and the
Jury were asked If they had agreed on q
verdict to which inquiry the foreman an.
,wered, ave have, We find the prisoner
guilty Of murder In thesecond degree"
The silence which was preserved from
The entrance Of the Jury remained unbro-
ken for several minutes after hearing the
verdict, neither the prisoner nor any oil
bis friends uttering word. Mr.. O'Conor
hen whispered something to Judge Da-
7is, who announced that he would sus'
pend the sentence until Saturday morn
ng at 1890. The prisoner was then re.
moved to the tombs. a--r.