The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-02
FRANK WALWORTH'S CASE.


OWN FATHER.
ALBANY, N. Y, August !, 1877.
TIL. Governor today issued pardon for Frank h.
Walworsh. The following is statement OF his rca-
Bons:-
STATE OF New YORK EXECUTIVE CHAxBER,l
albany, N. Y, August !, 1877.
A statement Of the reasons which have led 70 the
walworth is due to the community. The purpose and
the scope Of the pardoning power Is not uncommohy
smniy a court of iass resort authorized 10 revise
snc criminal judgments OF the ordinary triouua,s.
The truth is far otherwise when the law. Dy
Its necessarily unbcnding rules, works nard
ship in view OF circumstances not within
The lines OF legal evidence where punish
lust. there the power OF pardon finds its legitimate
field Tho law majestic IN that It Is never revenge
Jul and always Just 'ss action places society q. any
ency acting outside the strict letter Of the law may
relieve the community from the hardship
The application OF young Waworth for PARDON was
presented 10 my predecessor, but was BY him hanaeo
over to myself without examination or action ne
did however appoint a com mission. consisting Of VI
John f. Gray Of the Utica Insane Asylum: and Judge
William j. Bacon Of Utica 10 examine ana report On
the mast and mental condition OF the prisoner
ana their report more fully referred to below, was
made some months since with great ciearness anu
rrccision Tho case OF Waworth having been thus
sp"rrsd over TO me for action have made the most
exhaustive study OF its features within my power.
After the careful perusa OF every word OF tn: vonm-
which make up tho melancholy record OF the tragedy
for which ne convicted, and the most earnest
re1cctiou can reach other conclusion than that
while upon tho evidence given at the trial his convc
lion was technically proper ne 10 morally entitled TO
his release Neither space limo Is adequate de-
sa nj length The facts upon which this conclusion is
based The moro salient only can nave mention.
LIFE MISERY.
The beginning OF tho tragedy laid far back OF aught
that is known by the public The prisoner boy OF
nine or ten years was quiet, well behaved child,
marked mainly then, as now, by an aifectionate dcvo
ton 10 his mother He was then afflicted with
epilepsy aud subject Tho form OF that dissnse
exhibited in called blind or mental paroxysms OF
frequent occurrence He lived at that timo chiefly,
And OF late wears altogether with his mother at Sara.
toga Springs and the most respectable citizens Of that
village testify with enthusiasm TO tho bamelcss purity
of his entire lite up to tho very day OF the fatal
counter with his father or his father,
Mansfield Tracy Walworth, IL is now only
in mind. For years he devoted his life a system
attic course OF threats and abuse toward his wife,
which Tor malgnty, bitterness and brutality are for
ccaed from the knowledge OF mis- son. was at last dis
covered by him upon entering room wne his father
the very act of striking his mother. The son
ut once intcrfered to protect his mother, and from
That moment shared with ;. her the IN
sano hatred Of a tho father 1t s,n, as need
to detail the brutal threats and violence the years
that followed All that devoted son could do for The
protection of a loving mother tho prisoner did but
this did not prevent repeated threats, spoken and
written from Mansfield Walworth that he would satisfy
his vengeance with the lives OF his wife and SOD.
Frequent personal violence used by tho father his
wife, opportunity offered we're an earnest of the
sincerity Of his deadly intent. II is not difficult
to imagine the effect OF these threats and these
upon inc mind OF boy OF sixteen years, already
burdencd with the curse of epilepsy and It's resulting
IN nifty of mind The protection OF his mother from
he violence OF his father became his one absorbing
object, and, although the mother resided at Saratoga
and the mtner ia New .,,,a ior h,. s.. sudden,
visits to Saratoga, MADE with no other osensble
purpose than TO execute mis- murderous threats that
The prisoner frequently slept, armed, upon the floor
outside the door OF his mothers room TO prevent the
execution OF his fathers threats at night The son
ms right that his father should to prosecute
his mother. Alter a stormy interview this promise
cxtorted. only to be broken. and threats moro
brutal. proanc and obscene than before were show
cred alike on mother and son.
TRAGEDY
At last this Of passion ended, was not un
natural, In q tragedy. The father, knowing OF his
sons presence at city hotel, went 10 his room
o'clock IN the morning Tho called from
sleep, started up. dressed hastily and IL moment
threatened TO be his murderer. What happened be-
tween the Two Will never be accurately known. Tho
prisoner the sole living witness, OF the gives
no coherent account OF it, II Is NATURAL
however, 10 believe that, the father had not for
years met the son without looks words OF hatred
Inc met MN no differently that occasion. This
presumption strengthened by the evidence given at
the trial by the hall boy, Amos who showed the de-
ceased to the prisoners room and last him alive
Win his past history in his memory it was impossible
Tor the TO suppose mis- fathers unreasonable visit
,ess Than dangerous 10 himself Tho evidence of
Inc hallboy and the boarder JOSIAH Moorehead shows
that no words spoken. unless In Whispers from
,he the father entered the room until his death
snd The little testimony by one witness to hearing
uris vague TO be reliable. The circumstances
of tho visit, the morbid mental condition of the
prisoner resulting from his maady, and mis- great
terror Of the fathers violence force to the concu
sion that murder for which he stands convicted
was eau either by the insanity attendant upon ono
Of his epileptic paroxysnls, the impression-pos-
ably mistaken onc-that his fathers silent approach
toward himself WAS with numerous intent, and his
notion necessary his life. In either event he
Is not legally responsible Tor IT,
But granting that he was SO far sound Of mind that
a Jury not warranted in pronouncing him insane
1t sti impossible that the long Of unnatural
brutality held by his father toward his mother and
himscf should have resulted othcrwise than IN
ovcrmastering sense oil danger from his fathers
presence.
The jury by their verdict have found that this MUIR
der was neither prcmcda,ed or deliberate. In that
finding fully concur The then have been
the result OF sudden mental impression condition.
and it seems TO me that 1t may well be regarded
natural result oil the continuing impression upon tho
prisoners cnfecbled intellect that his father in
desire and interest his murderer and needed but the
opportunity 10 become SUCH indeed The father
was man OF large proportions and strength,
me slight and feeble. The result OF tho
interview was nothing but a fair manifestation
the iathcrs long course OF brutality, violence and
threats and his own aggravated nlrmity had brought
the prisoner In that view the act was thoroughly
the result OF Mansfield Wawortb's own passionate
conduct us II he had himself discharged the fatal shot.
The meeting OF the two cannot be better
expressed than IN the words OF the veneer
obe William Cullen Bryant who, In his
letter asking pardon for young walworth,
The evidence in the case think they would acquit
accused. The meeting between tine father and the
son would be regarded encounter between two
insane persons, wh ch one OF them slain.n My
own vicion Is that the life he had led and the sui
icripgs he had borne, ndded TO the constitutional weak
ness OF his mind, hal so far worked upon him that
the father he not accountable Tor his acts
rs therefore proper subject Tor criminal punish
nent and was not such at the timo OF his convection
YOUNG wALwoRTH's PRESENT STATE
The present mental condition OF The prisoner while
IL furnishes ground for his pardon yet renders the
question of his further detention simply OF public
morals Imprisonment has done It's full work and
measure OF his capabty TO suffer from il is ended.
The only question left Is whether the interests
@. society yet demand the detention of cpl
leptic in the Asylum for Insane Convicts, where
he has long been placed Aggravated by
confinement, tho malady which has been
upon him carly childhood has far progressed
am informed by the highest medical authority, as
well as by the report OF the commission appointed by
my predecessor that his further detention will result
In complete diocy; and while they me that this
result is not Improbable in any they pronounce
II barely possible that he may improve by immediate
change OF scene ard air. To dctain him IN conine-
ncn with the certainty OF this result tho future Is
nlict scvcrcr penalty than could have followed