New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-08-02
FRANK II. WALWORTH PARDONED.
STATEMENT OF THE GOVERNORS REAsoNs-sCoPE
or THE PARDONING POWER.

AIRANy n Y Aug. 1.-Frank WalwOrth,
who has been confined in State Prison at Auburn
under life sentence for murder III the second degree
for shooting mis- father in 1873 was pardoned by the
Governor to-day On his trial one OF the pleas OF te ue
fence was insanity ana reports from the prison indicate
that he has been insane since his imprisonment even IL
he WAS not at the time OF the shooting He was sent FIRST
TO the prison at sing sing and afterwards trans
ferred TO Auburn, where he has been under medical
treatment Following the main points in the Cover
nor's statement of his reasons for the pardon;
STATE OF NEw-YoEK. EXECUTIVE CHAMBER, }
ALBANY, y. V, Aug. l, 1871
statement of the reasons which have led TO me e1ef
else OF Executive clemency III behalf oil Frank H. Na
worth dine To The community. The purpose and tie scope
of the pardOning power IL not uncommonly mistaken
The Executive Is frequently accounted a. simply Our,
INDICTMENTS of the ordinary tribunals The truth Is far
otherwise when the law by IT'S necessarily unDendlng
wiz. % the lines Of legal evidence where punishment al
though technically proper yet morally mere tle
49, tocs society "a any time in the position of a per
secnto Executive clcmcucy acting outside the strict
letter Of the law, may relieve the community IRON the
The application Of young walworth for n pardon
presented to my predecessor, but was by him handen
however. appoint Commission, consisting Of DR.. John
Vim T. Bacon Of Utica. 10 examine and report
ON the past and present mental condition VI
the prisoner, and thor report more fully referred
io bilow was made some months since with great
cicarne.s and precision TIE Of Walworth having
been thu. turned over Tor action have made the
most exhaustive STUDY OF lis features within my power
Afer liz careful perusal Of every word of the NOlumn
ma IKE IIcIrcioy record ~ he tr.gcdv for which
he was ted. aud the rejection can
reach other conclusion than that while upon the eyi-
Jenec given nj the trial his conviction was technically
proper, hc is morally entitled tO his release.
The beginning OF tie trag dy laid far back Of anght
that Is known by The public. The prisoner rs boy of
nine or ten years quiet welbehayed child. Darked
mainly nO~ 10y an aicctlouate devotion 10 ms
nGIher lie was thon afflicted With epilepsy and sub
"HT IA 10
called blind incuta psrOxy of frequent occurrence.
Oi nis iatner, Mansfield Tracy Walworth, it is now
ONLY charitable believe thar Lc uB5Ound
in mind. For years he had devoted lis Me TO system
ol threats and abuse towards his wife. which
for nali-nty, bitterness AID brutality are fortunately
seldom equaied. TINS conduct. long concealed from The
know ledge 81 his son. vac t las' discovered 10y him upon
entering room "ic his father was m the very act ~
striking his mother. The son nj once mtericred
To protect his mother, and nom that moment
shared with her the insane hatred Of the father.
The protection Of his mother from tho violence OF his
father Occ ilEe Die one soihig OBJECT dhd ahough The
mutAet resided al saratoga and Tie lather IA NeH-IOrk,
-o sudden, frequent and So terrible Lad become lis
ostcns4blc pulposo than execute his murderous
.hfc1is iAdl we hi7GSt I,i,nty siell aim,a upon
ihe hUur "ut>Gc the d"uf o. his mo ci ROOM 10 prevent
the execution OF his fathers threats az ni-1 The
grew 9Th To tne age when hr demanded, his
night that hs father sloiu cease TO pei-ccue his Do. 9th
ca After stormy interview this b 0un5e was eXt0rted
only De- broken, and threat, hore brutal, profaue ami
obscene than before were Showef,d alike on mother and
son.
in tragedy. lfhe Governor here reviews briefly tue
testimony given the tral and adds: The jury by
NtltCt nave lohlG tliH VAS It!tHcl
prcmrdit.tcd or deliberate. Ia that finding fully con
cur The act must then have becn the result OF Sudden
mental impression or ConriIon and u seems To me hat
ii may we'll bee idco natural result Of the c0utln
uug impression upon the Prisoners enferbed INTEL CT,
fyt his father was in desire and interest his murderer
and needed only tie opportunity Ia become such indeed
The meeting the $50 cannot Dc better expressed than
IA The WOus ol tie venerable William CulltH ry ant, whO
in Ai5 letter asking pardon foI young Nal|ort, lacOE
caly says: - n a jury were now 10 pass upon the
evidence in the / ,luuk they would acquit the
tIl-ed. The uc"uuS between Tie rather and the
would bc regarded encounter between two
insane persons ll which OF them slain ="
Tie present mental condition Of the prisoner while it
furnishes DO ground for his pardon, yet renders the
question Of his further detention simply OF public
morals Imprisonment has done las fun work, and the
measure Ol his pdbiy 10 suffer from IL is ended am
informed by the highest medical authority, well b.
the report OF the commission appointed by my pre-
decessor that his further detention Will result III com
uic