Year: 1873

Never, within the memory OIL tnls genera
ton, has any great criminal issue been 80
promptly and satisfactorily tried in New-YOrk
as the sensational case which closed last
night with a verdict of murder in the second
degree. The rapidity with which the prls-
oner was aTTalgned, the alacrity with
which his counsel submitted his story
to the Judgment of jury, the frankness OF
the defense, the utter disregard of dllatOry
motions, of technical pleas, OF devices
for manufacturing sympathy, and obscur-
ing testimony, took the whole town by
astonisbment. Almost for the first time
within our experience both sides seemed
equally anxious to go to trial. And
if the preliminary proceedings were re-
markable the trial itself was hardly less So
About the facts there was little or no dispute.
The witnesses were few, and on neither side
was there much apparent effort to discredit
them. 1t was in fact contest rather of tough
arguments than of hard swearing, aud alike
for its strange history, its dramatic incidents,
and the ability with which it was managed,
it will long hold prominent place in the an
mails of our courts


Whatever we may think of the abstract
rights of the case there can be little doubt
that 10 the majority of the public the cOnclu-
sion of the jury will be quite as satisfactory
as the manner of the trial Three weeks ago
the current of sentiment set strongly
against the wretched prisoner. Of late
there has been a change. When it was
seen how bitter had been his prOvOcatiOn, how
pure and noble had been his previous life,
how despicable was the miserable madman
whom he called father, people found them
selves hoping against their better judgment
that some device might be found, some unex-
pected facts might be disclosed at the trial,
to save Frank WalwOrth from the last
penalty Of the ineXOrable law. Probably,
too, the crime with which he stood charged
was so unnatural and so revolving that
the mind instinctively hesitated to admit its
possibility. Mr. 0'COnOr gagged the public
temper with wonderful accuracy, and humOred
it with matchless tact. His management of
the testimony had reference throughout to this
feeling. He showed the amiable traits of the
Young mans character; he showed how he
had been excited and distressed by
the persecution of a mother to whom
he was tendery attached; he cOntriyed
with great adroitness to convince everybody





whose death ought to be a relief to the
world and he satisfied us all, as well as he
satisfied the jury, that the killing, whatever it
may have been, was not the fruit of that
deliberation and malicious fOrethought which
the law requires to constitute the capital
offense. The question of insanity filed much
more conspicuous place in the examination
of witnesses than it did in the arguments.
Although enough was brought out to show
the existence of faint in the blood which
might have been inherited, and the occurrence
Of occasional epilepGc symptoms which might
have eliminated in an insane homicidal inn
pulse, there was no proof of mental derange-
ment at OF about the time of the killing; and
it is difficult to resist the suspicion that the
purpose of the insanity plea was mainly to
furnish an excuse which tender-hearted jury
men might offer to their consciences. How
far it may have been effectual, tOf course
We can only conjecture. sss Under the
old law of murder we presume the jury would
have disagreed. Under the new statute, now
first put to the test, it is so easy to arrive at
q verdict, involving only Imprisonment for
life with the countless chances of pardon, that
the result Of last night cannot be matter of
surprise. 4,


At last then, after murder has for years been
privileged offense, the law is vindicated
Society has taught its awful lesson to the
desperate, the reckless, and the passionate;
and to-day the world will congratulate itself
that after all there is justice for the rich and
the poor alike. The verdict leaves no aiterna-
tive to the court in pronouncing the sentence.
There is but one penalty for murder in the
second degree, and that is imprisonment for
life. We3 cannot caI 1t too severe in the
present case. Sane or insane, Frank Wal
worth has fairly earned his terrible fate. 1t
il time for US to declare that there shall
be no more imDunity for insane emo
tons and sudden bursts of crazy pas
sion; that we punish not for ven
geance but for protection and that
whether the law hangs the ruiiian who has
beaten another to death in fit of drunken
anger, or impris0ns the lunatlc who has Killed |