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4 ‘THE WALWORTH TRAGEDY. Close of the Testimony on Both Sides and Commencement of the Summing Up. A WHOLE REVIEW OF THE CASE. Eloquent Speech of Mr. Charles 0’Conor for the Prisoner. THE PROSECUTION TO SUM UP TO-DAY. Scenes and Incidents in Court. Thé same crowd of spectators that have all along attended the Walworth trial put in an ap- pearance yesterday and bore the wearisome cay as untinchingly as they had borne the most start- ling. There is a never-dying hope ip the minds of these intent attendants that they sit upon a vol- cano of horrors which may open at any moment, and they fear to be absent that moment. Thig Pleasing hope inspires them to patient waiting. Some of THE EMOTIONAL OLD LADIES ‘yesterday had a little bit of sewing with them to relieve the monotony of the testimony. The pris- oner was accompanied, as usual, by his mother and friends, and wore the same dress and satin the same place. He carries his light felt hat in his hand across his knees, and leans his head on his hand, seemingly at times as unconcerned in the trial as the most listless spectator, It would appear to be a very ordivary matter for him to get up when his patience is entirely worn out and very quietly walk away. No custodian is prom- inently about him. Nobody whose business is especially that-of keeping him in the reach of the Jaw ts visible or designated by any outward trap- pings. About him—in front, rear and on both gides—are HIS WARM ADHERENTS— Mother, brother, sisters, uncles—all clinging te him in this, his great trial, with a faith and firm- ness that sometimes renders a@ belief in his guilt uncertain even to the most impartial observer. The testimony for the defence closed to-day with the evidence of @ number of experts in insanity, to Whose statements young Walworth listened with an intense wonderment, probably revolving within imself whether he were insane or not. . A RECESS. At about half-past ten Judge Davis announced that he would have to attend the General Term, as the Chief Justice had sent for him, and the Court would therefore take a recess for twenty minutes. ‘The prisoner and family retired even for that short time. The Judge and District Attorney went to the General Term, where Judges Ingraham and Brady awaited them, ‘There they passed sentence of death on David Murphy, and at the conclusion the Judge and District Attorney returned again to the trial of this other murder case, just in its com- Wencement, as that of Murphy’s has just closed, INSANITY. The testimony yesterday matnly related to evi- ences of insanity, a number of experts being upon the stand, There was not so much difference inthe statements as usual between medical ex- Perts, all the witnesses holding that epileptic attacks are attended by unconsciousness and a want of responsibibility, Doctors on both sides agreed that epilepsy might render a person un- conscious of his acts, and, © irrespon- sible for them, and that the ¢ adduced vy the defence would indicate epi A SHORT REVIEW. While the District attorney somewhat elab- orately detailed the state of fucts previous to and inciuding the as elicited the deien: preparatery an opinion of Dr. Parsons, another on the the prisoner and = his her listened Most intensely, the mother at times lower her veil and applying her handkercuiel to her and the prisouer, gazing with one eye hall closed and his lips apart, listening to this tirilling recital of bis terrible story. THE EVIDENCE FOR THE STATE. The prosecution in reopening produced a pub- Usher, grocer, restaurateur aud barber of the de- ceased, all of whom testilied to his gentle manner and kindly ways. The grocer said Walworth had murder, to once or twice bought brandy and wine at his store. Each witness was severely cross-examined as to his intimacy with Mr. Walworth when the publisher aumitted that he had seen him less than twenty tiues in something more than a year, and then soleiy on business matters; the grocer, two or three times a Week; the barber, several times more, and the restaurant keeper about twice a day. They told, in suostance, the story of Walworth's life in New York, and to this first exposition of his lowly habit of life in the = city tis family, from the mocher to the little racy, listened with strange interest. The prose- cution closed with the testimony of AN EXPERT in insanity, who minutely described epilepsy and its effects upoa the mind. The case being thus closed, Cuaries O’Conor began his address Ww the jury. O'CONOR'S ADDRESS. During its eloquent presentation of the young lad’s crime, the craeity of the lather to the mother, the tender care which the mere boy had exhibited iM protecting his mother trom the threats of the murdered mun, his solicitude that she should not receive the terrible ietters, how it made him loomy and abstracted, robbing his young life of its sunshine; how had hoped to allay all the diMculties between his parents by his interview with his father, his tea- derness toward the other littie ones—when the eloquent orator dwelt in an impassioned man- er upon these details the mother wept, the little sister gazed with her big blue eyes upon the speaker as hardly comprehending what could cai forth such an eulogy, tle prisoner bowed his head upon his hands, amd the litte lad, Yracy, drummed unconsciously upon tis elder brother’s knee. As the great speaker proceeded the spectators warmed With him, and when he concluded for the day at the hour of adjournment it 18 sate to say the body of spectators telt a fulier sympathy tor the prisoner than the same number of people hay felt jor lim in this city since the murder, Seventh Day’s Proceedings—The Sum- ming Up. MORE MEDICAL TESTIMONY. The first witness called was Dr. John B, Gray, ho testified as ioliows:—I have resided at Utica «nce 1850; Ihave been a physician for twenty-five ars, connected with the New York State Lunatic n; Lam familiar with the epileptic condi- it is a disease of the brain and spinal cord, ‘sted by periods of unconsciousness } its causes are various, constitutional or ftary, falls and blows, a shock, mental or cal, long continued distress, and generally #38 calculated to disturb the circulation, Q To come down to our case, ‘Is epilepsy always accompanied by spasms’ A. Yes, but not such as are evident; a spasm may occur perceptible to a person having his hand on the patient so that he perceives the tremor, while to any one else it would be imperceptible; a condition of rigidity, olten preceded by a cry, ts the first symptom; there is pallor, followed by redness of the face, @ swelling of the chest, and after that the patient usually falls into a sicep; that is rather the spinal form; an apparently milder form in. volves the brain, and the external symptom is ‘only @ slight shiver; olten it is really the more dangerous form, as it involves the graver organ; either form, with more or less speed, impairs the whole mental power; the progress of the disease is manifested sometimes by a lassitude of mind; sometimes by irascibility; its most marked symp- tom is achange in some direction; sometimes it develops itself by sudden maniacal raving, more than attends other forms of insanity; sometimes by mere bewilderment and hesitation; the mind becomes impaired and the will with it; the will is practically in subjection, Q Take the case of aman who screams out in his sleep, and a litle while after is found snoring, and at times froths at the mouth, What would you gay of it? A. I would say that it indicated AN EPILEPTIC SEIZURE; other symptoms that may occur are spots on the face or the surface, indicating extravasation of blood; the dangerous period is not during the rigidity, but before or alter; the effect of waking up & person subject to epilepsy two or three hours before bis usual hour would be likely to bring on @ Bs ua fach.noctarmal epilepsy is apt to come ona lit * and NEW YORK HERALD, WEDNESDAY, JULY 2, 1873—TRIPLE SHEET, tle while before the waking hour; epileptic diseases might well exist without friends recognizing it. A DEMENTED LAWYER. ‘The witness here stated the case of a lawyer who came to him for advice, having unfortunately read the subject up, and having heard the symptoms of nis own condition only from his wile, yet who, before the doctor admitted him for treatment, attempted in a fit to stab him, and died ultimately in dementia, Up to that time his condition w not suspected, except by himself, Alter this attempt to stab the doctor he rested briefly, and did not remember clearly the matter, and when he Was told of it was very much ashamed of himself. He narrated the facts of the case of Jackson, who, brought up as a gentleman, suddeny shot his father twice, The father was & bad man and was assailing his mother, Subsequently he driited into undoubted insanity. A HYPOTHETIOAL QUESTION. Judge Garvin here pie @ prepared “hypothetical” question, briefly reciting the tacts, and commenc- ing, “Suppose a poune man, well born and well bred,”’ and then detaiung briefly the aninapinees of the family relations, his knowledge oO! it, his sud- den change of manner, his curious acts and physi- cal symptoms, the inclaents mentioned by young Pond and Dr. Grant, and the injuries to his head in early life, and the occurrences of the 2d and 3d of June; the testimony as to the sudden change in his ability to study, with the curious actions which sometimes accompanied his inability to study; his headaches, convulsions, languor, unconsciousness, moodiness, pallor and muscular twitching ? A. Those facts would indicate a very marked case of epilepsy, with mental impairments, Such a described person would be liable at any time to an es in which the will would be wholly im- paired. ays Mr. Phelps—The leading mptoms in this case denoting mental impairment are the facts of his failure as a law student and his forgetfulness of German phrases which he had betore familiar) used; the Payee symptoms are inconsistent wit hysteria; I did not say that THE SHOOTING OF THE FATHER occurred during an epileptic attack ; I said that he was liable at any moment to such an attack; epl- leptic attacks are, so far as we can see, unpremedi- tated and causeless;in the case I mentioned the attack on me wasin the epileptic condition, fol- lowing the eptleptic seizure; he did not remember the affair alterwards; that is the usual fact; in some cases, where epilepsy seizures occur but once or twice ina lifetime, especially after ma- turity, there 1s no notable change in the general mental condition, but as a rule there is a change; where the attacks are at intervals the patient is usually capable, in the intervals, of carrying on his ordinary business, but there is ordinarily gradual deterioration, ending in dementia; in some cases there are no symptoms preceding an epileptic seizure, but sometimes there is headache, restless- ness or constipation, and in rare instances a pre- cedent maniacal outbreak; in cases of petit mal, the apparently milder form, which is very brief, passing olf in a few seconds, there is often drowsie ness, bewilderment or wildness; they do not re- member what occurs during the seizure, but some- times have an indistinct memory of what occurred during the later epileptic stage; I have known cases where the memory ofa number of days was cut out, though I had supposed they were, duiing that period, cognizant of their acts, Mr. Phelps here detailed the statement of the prisoner after the shooting, as to the affair, and asked whether the recollection of the events by the prisoner would affect his judgment as to his epileptic condition. The doctor commenced an- swering, that if that statement were literally true his opinion, when he was interrupted by the District Attorney, and forced to answer categorically. He stated that his recollection of the events would not alter the doctor's opinion as to his epileptic condition, but added that there was HARDLY SUFFICIENT DATA irom his statements as given to decide whether he had that morning an epileptt izure; Jackson's case was not a case of epileps, he nad, however, no doubt that in Jackson’s case the killing arose from an insane delusion. To a Juror—These attacks cover a period of time, though within the period or circle of the attack minor attacks may occur, To the Court—The disease 1s not strictly periodt- cal; it is rarely curable; in cases of simple convyul- sive epilepsy the physical condition sometimes is perfec! ‘to My. Phelps—I have known persons with ept- Jepsy WRo still conducted with ability the ordinary business of lite; Cesar and Mohamed are said to have been epi.eptics, and Napoleon, Alexander and some other distinguished men are said to have had epileptic attacks; the rule is, however, that mental degradation sets in; it is the cerebral epilepsy, or petit mal, which Fconsider the most liable to be- come incurable; there 1s a certain periodicity in the recurrence of the attack, but an exciting cause may bring it on at any time; asa rule, the epileptic Tage is directed to all alike, but | have known cases where it was directed at a particular individual, A BRIEF SUSPENSION.’ The Court here suspended for a few minutes to enable Judge Davis to take partin the General | Term, At the reassembling of the Court Dr. Gray was examined by Mr. Beach, and testi- | fled further—I spoke of an attack lasting two or three days; the fit Lmeant would only last a very brief time, but the epileptic condition might ain a ‘longer tme, during which he would {seem to be in a ‘rational condition, yet | | really his mind wholly under the epileptic induence; he may do certain things in an apparentty rational manner, yet the eptieptic condition, With its violent tendencies, continue ordinarily the fit is terminated by a healthy nore | mal sleep; some of the books state epileptic at- tacks wh ch were accompanied by distinct. mem- ory of what occurred in them; in iny own practice Ihave found some who could remember, but couid | not determine whether they spoke from memory | or from the information of others, The deience here closed, TESTIMONY IN BRUUTTAL AND. The prosecution called, in rebuttal, Francis s, | Street, of the New York Weekly, who testified that the deceased was well Known to him for a year; he was writing for that paper. Q What was his manner? A, Very affable, agreeable, courteous and cheerful; he was very quiet and gentlemanly; I never saw any violence or eccentricity; 1 knew he had a family; he never alluded to it but on one o 1on; I showed him an article in the Tribune pliinenting his wife's readings at Saratoga; he smiled and was pleased, and asked me to give him the article; I never saw on him any sign of liquor; I never heard him use profane oaths. To Mr. O’Conor—I saw him in all at our office | from twelve to twenty times; he came to our | paper to offer his productions; we paid him for | one serial during the year $1,000; we were arrang- ing with him for a second; he was to come down hat Tuesday to arrange terms; he was always d properly dressed; he looked lik gentleman, and not a hungry author some placards containing this—Let Tracy Wal- worth Speak for himself; they were pasted up so that people could read them; I believe we pub- lished an editorial denying the truth of the stories against him, A WHERE THE MURDERED WALWORTI DIN | John Lary, a@ restaurant keeper, testified that | Mr. Walworth for two or three years got his meals | there; he spoke with pride of fis lather; h swore; he never drank but once at wil he was always gentlemanly; he was gene: cheerful; witness heard from another party that he was a married man; witness never saw him | show a pistol or be engaged in a quarrel. | To Mr. O'Conor—He generally took three meals a | day at my restaurant. WHERE HE GOT SHAVED. N EDITOR ON THE | vidual and varying with eacn individual; there 18 @ portion of the epileptic attack of which the pa- tent is wholly uncenscious, but there is 4 CONDITION OF RPILEPTIC MANTA of which frequently the patient has some memory. Mr. Phelps here presented @ hypothetical ques- tion, Seene the facts of the separation 0: prisoner's father and mother, his care of his mother, his receipt of his father’s levters, the last letter received, the offer to go to Manors, the risoner’s letter t# his uncle announcing his in. tion to see his father, the arrangements of Sunday, the visit to New York and the circum- stances connected with it; the occurrences on Tuesday morning as detailed by the evi- dence, including the prisoner's subsequent acts, and asked—From = them what is your opinion as to the condition of the prisoner's mind and whether he was conscious of the charac- ter of the act he was doing? A. Isee no reason from the whole question as put to induce me to be- lieve that he was laboring under an attack of epi- leptic mania; knowledge that he had previously shown epileptic symptoms would not change my view; I should require further evidence of the character of the act itself, ‘Yo Mr. Beach—it 1 kuew that the man was epi- leptic 1 should be more careful to inquire into the evidences of aberration of the mind at the time; from the evidence as given 1 should not conclude that the act was epileptic or one of epileptic manta; assuming that he had an attack of epilepsy on Sunday, he might have rene wed attacks on Monday and ‘Tuesday; | have seen cases of epilepsy where I saw no evidence of excitement or irritability; 1 believe no case occurs without some effect on the mind alter the paroxysm has passed ; strong Con- tinued emotion may produce epilepsy where there is some predisposition, not otherwise; 1 cannot tell in wWoat that predisposition consists, but a hereditary tendency often confirms us in our view of predisposition; [give a considerable degree of significance to the prisoner's statement, a8 evinc- ing # memory Of the transaction; his statement of the shooting showed he was conscious of the shooting. TESTIMONY OF DR. KRLLOGG. The next witness called tu the stand was Dr. Abner Otis Kellogg, who testified as follows:—I am at present connected with vhe Hudson River State Lunatic Hospital at Poughkeepsie, but before that atthe State Lunatic Asylum at Utica; I heard the question put to Dr, Parsons; there is no evidence in it to convince ine that at the immediate time of tne homicide he was in epileptic mania except his being in an epileptic condition; epileptics may be conscious or unconscious; there is @ mental de- terioration generaily going on gradually and lead- ing ultimately to entire fatiure of mind, DR, CLYMER’S TESTIMONY, Dr. Meredith Clymer defined epilepsy as a ner- vous disorder characterized by loss of conscious- ness and convulsive movements of the muscles; there were three varieties of it, which he d.- scribed at some length with thetr symptoms; irrit- abiluy of temper commonly preceded or succecded the fits—perverseness, a tendency to explosive anger, a change of temper; one or more of these was common; a person might be subject to LL tic attacks without being subject to epileptic mania or insanity; epileptic mania is simply mania aris- ingin an epileptic; he may have his mind disor- dered without being maniacal. ATTEMPT TO INTERVIEW YOUNG WALWORTH, At the District Attorney’s request witness went to the Tombs yesterday, two weeks ago, witn the view of having an interview with the accused, ‘rhe latter, on seeing the doctor, said that he had been desired by his counsel to converse with no one; Witness said he respected the advice, but he desired not to converse with him on any par- ticular topic. ‘he prisoner said that it was his usual time of exercise, apd proceeded to walk up and down the room; after a while he stopped and said, *Re- member, ido not object to speak with you myself, but I follow the directions of my counsel.” Dr. Clymer further said that he saw nothing in the hypothetical question of the District Attorney that would make him think the accused was or was not epileptic at the time of the shooting; he had no data to go by; there was nothing in the evi- dence that would induce him to believe that he was in an epileptic condition at the time; ne knew of cases When the patient's Memory was clear a8 to the circumstances of his attack, The case then rested. MK, O'CONOR SUMS UP, On the resting of the case by both sides Judge Davis intimated to Mr, O’Conor that if he desired it the Court would not press him to sum up for the defense that evening, but would adjourn the Court, if he desired it, till the next morning. Mr, O’Conor thanked his Honor, put said he was prepared to proceed now. Mr. O’Conor then proceeded. He said: ‘Gentle- men of the Jury—Tnis case has been presented to you by the learned District Attorney in ail the de- tails of the evidences as an ordinary, vulgar mur- der, marked by all the teatures of re- venge and premeditation, of contrivance and treachery, demanding from you and the Court its due punishment, Presented in the aspect it has been presented to you, as the case of & gross, vuigar and common everyday malicious murder—unfortunately every day in common — such as We have presented to us through ratiroads and telegraphs, through which we do hear of atrocious acts of the kind performed by atrocious persons datly and hourly. This act has also been characterized in the address to you as an essential apposite Of all these things, It has been presented to you in all its terrible distin ctness, and the nae which the prosecution has given to this alleged of fence is what? Itis called parricide—tue siaying of a father, a crime at which the heart revolts; a crime which the prosecution as. serts 18 unparaileled im the experience and history of mankind. Now, in both these aspects of it the learned District Attorney—and in reierring to his opening | complain of Lo unfairness, but merely anerror inthe view taken of the matter by tim in both these particulars, In fact he iS quite mistaken in his view of this entire case. In the first place the facts, if you look at them Alinly, diligently, With a sense of justice, not for- getting humanity, they will reveal to you very plainly that an offence has been committed that offence has not been characterized by any of those features in the incidental circumstances tending and leading to it; that it was not, in tact, accom- panied by any of the features which make it in any Sense one Oi these oft-recurring events—a mali- cious and premeditated murder. On the other band as to the Dame which has been given to it in the Geclaratioa, that in this respect it is a crime un- araileled, there is another mistake. I dim di to agree to the use of the word “unparal- cled ;” for | believe there is not on record a well authenticated and well established instance of a cruninal slaying of a parent since the creation of Adam down to the present time. Theretore, if the pages of bistory present no other case of the kind, then this unfortunately must be recorded as the first actual occurrence of the kind. [ except only to so much of this second view of the matter as | denounces before you this boy, Frank Walworth, as the CHIEF CRIMINAL OF ALL THE SONS OF MEN who have lived upon this earth since the creation of the world, as ythe person to whom it was re- served of all inaukind to commit this unparaileled crime—a crime heretofore undreamed of and un- koown in the history of mankind. I except only to this, Inasinuch as it assumes that A CRIME WAS COMMITTED, It is not the first time that a ciilid has slain the parent, But I believe that it cannot be established that a child ever criminally, wickedly and atro- clously, and so a3 to be justly subject to the hatred of mankind, ever slew his parent. And, tle- men ot the jary, I hope that that atrocious criune has not yet been committed, and that by your ver- dict in this case will be determined the fact that tt | has not yet been committed. Now, gentlemen, taking issue With the loarmed District’ Attorney on these two points, you will perceive in the ‘first | Henry Ackerman, a barber, testified he had | | known Mr. Walworth four years; he was com- | monly shaved by Witness, and when witness be- came sick he came and inquired for him and brought him grapes and (ruits; be was a gentleman | from the top to the foot; he never got angry; witness taught him German; he never was pro- | fane; he belonged to their singing society, and was | pretty regular attendant; I saw he had soime kind of feling in lis heart, but] was ashamed to ask him; I never saw him have any drink exceptmayve | a glass of lage any gentleman might; I i 1; 1 never saw him have ; our society the New York Mmnner- | L saw him las! eleven o'clock on Monday night, before he was shot. STATEM or Wis Herrman Betigeman, grocer, te } de sed Visited his store once or LWice a Week lor the last two years; lis demeanor Was not cheerful, but quiet, not violent; never heard him utter violent oaths; never Saw anything odd about bim, | Yo Mr. O'Conor—He came to me for grocer: butter, cheese, eggs, cigars and sometimes a bot tle or two of wine; once or twice @ bottle of brandy; sometimes he took them away, sometime: we sent them ; I suppose he bought other groceries; he kept a monthly account, which he paid promptly at the end of the month; it ran from $8 to ¢16a | month; when his family lived there is ran from $70 vo $90, Re tifled that the A HIGH TONED GENTLEMA‘ Theodore Ramer, Superintendent o of the Post Office, testified that he knew Mr. worth, and his manner was alway bred gentieman; he was cheerful and inclined to talk; the only one of his fainuly he ever mentioned | Was his father, WALWORTH’S BOOK “BEVERLY.” The District Attorney offered in evidence Mr. Walworth’s. book, ‘Beverl. | Mr. Beach objected to it as incompetent. | | | | Mr. Phelps said he offered it to show the sanity of eceas nor sakl the substance of these letters was contained in this book. Mr. Justice Davis—Yes, he had followed these letters substantially in the book, except the bias- phemy and obscenity. Mr. O’Conor—Yes, be sets up im tt ahero who | plans to kill his wife. Mr. Rollins—Yes, and dia not do it. Mr, O’Conor—No, because he takes with another woman, If it is desired to go into that matter we have letters to show @ paradel state of fact; but I | did not think that exactly a proper matcer, and withveld them. The book was finally excluded, The Court here toox ar 5 TESTIMONY OF DR. PARSONS. After recess the prosecution called Dr. Ralph L. Parsons, physician jor many years in the New York City Lunatic Asylum, He festified:—Epilepsy ts characterized by loss of consciousness; it is usu. ally a convulsive affection, and is sometimes con- nected with & change of mental condition; it fre- quently exists without such mental disturbance as to amount to insanity; Tam incined to think it is almost always accompanied With a certain degree of irritability; the paroxysms have a sort of pert- Odicity, Varying Within cervaly lumite or each Midd. | were fathe pass. 1, thereiore, in ths connection, desire to begin at that stage of tus terrible drama, which | may be put as the last act, composed o: several | scenes. Ido not have to pause to speak of the character of any member of the family, either to those Who may be properly highly commended and applauded, of to those Whose acts and miscon- duct may be subject wo criticism. But apart ior that of a highs | F | poor, aitlicted motuer, Whose in place, laying out of view tne circumstances that | those parties, THE ACCUSED AND THE DECEASED, and son. It becomes my duty to lay betore you in such order and detail the whole mate ter, so that it may be perfectly understood and the evidence thoroughly comprehended, aud ail tne circumstances attending Uns alte offence known clearly to you, that you may see how much | of wickedness, how’ much ot prejudice and iow much of premeditation of this horrible sentiment | can be imputed, aa the prosecution alleges, to Frank Walworth, And urst, gentiemen, passing this over, and for amoment aught that imay be said | and will be said at @ lurther std of my | argument of the troubled circumstances that brought Frank Walworth to the condition in whicn | he is placed, and I invite your attention to the Lut mediate circumstances preceaing the correspoud- ence, and the act itsell upon Which you have wo the present Irom tuis subject | call your atteation TO THE CLOSING SCENES of that terrible business, and the right and appro- priate place to begin is with the position of soime of the parties on that Thursday aiternoon. Now, gen- ursday afternoon, this’ boy, in company with his mother, and surrounded by that littie family of younger ‘chile dren—of whoin he was the only defender and pro- tector against all external evils of a dangerous nature—this youth is miormed by his mother that the next nearest and dearest frieud of the family—his uucle—then residing twenty or thipty miles away, at Aibany, had determined on taking & trip to Europe, to be absent for a consi period, and that he was desirous to take him (Frank) with him asa companion and associate, ana giving him advantages which might result tu him in point of place and profit from such a tour, Imagine, gentlemen, the condition of this young man, now approaching his twentieth year, He had been from about his seventh year a burden on bis ans Jor supporting aud educating him were of a most humble kind, tHe felt naturally, in the pressure of his own departure, the necessity of having her protected in his absence, and he had presented to bis mind two ideas—the first, the fact that she must soon be without a provector, And, then, ta view of all this, here is this tuvitation, opening & prospect of substantial advantages and captivating in the last degree to @ nature excitable and a temper and disposition easily incited at his period of tue, And there Was aiso present to him the conviction that uf he did not avail himself of this advantage the time Was not far distant when he would be obliged at all events to cease to be a burden upon his mother and to go somewhere cise to make @ support and matutenance—to labor to rocureé @& competency and be that kin of friend—to be, in his mature age, the loving son and support, with the jouspess that he bad stood by hex during all | rcmini oarnen, faa er i | etree entrench neces ee TEE TREES IN OUR PARKS, Bi m 1 these hopes was di the | Again they his mother came North idea of going abro: wi to pt | and became a clerk in an office at Wosning Oi his uncle's invil it at the next instant | At this time Frank was supported at lege came to his mind the im; lity of abandoni: his mother’s means, net ge a of his mother tn the then existing condition o! things. | his | OF seeing very little of him. Frank He says, “I mast think aboutit.” It is very appar- | had exceedi: little intercourse with his father ent, fennamen, that at this very moment of time | until 1869 or when his mother began to ex- the idea anc belief that it it be practicable | perience the unendurable personal violence and in some way so to arrange matters that | cruelty of his father. The jury bad had before he mies leave his mother with safety and | them the senge that he then began to experience enjoy the ve t advantage and pleasure was | ofthat cruelty, They had ‘detailed to them his con- Eimiae ct Sine ndieiad eae’ prteac | Raa ise Baty prmtany se as methce 0. ar resen cru 1 mother, of that hope, His uncle was ‘soon to. Ms Neither by word OF act dia ” say yo. pre- ration on his part was called for and expedient, jow, gentlemen, what isthe first thing we fad him dog? The first thing is an act most strongly indicative of the hopefuiness which haa possess of his mind at that in the innocency, the kind- ness, the tenderness and affection which had al ways marked his conduct in every act of his life. You know, gentlemen, that he had sisters younger than himself and @ ilttle brother—a mere cbild; ou have seen. the child in attendance ere scarcely conscious of the terrible circum- stances in which his tamily and himself are tn- volved. Why tor that final day's enjoyment—the final parting as it were with his litte brother, whom he might not see again for a long time—you saw him get up, contrary to his usual practice, at a very Cad hour, at the dawn of the morning, taking his little brother with him, shunning all other associates and devoting the whole day to an amusement common to a little boy such as his brother was and pleasant and tae to persons a8 advanced as he was himself, Thus passes Friday, On Saturday you see him occupied making arrangements—puttin his things in such au order a8 might be suitable an proper if it should happen he shouid go away and bid Lhem all adieu jor a Considerable period oi time, Then came the fatal Saturday—while thus consider- ing what else it might be necessary to do in pre- paring himself for the trip abroad—then on that day another INSTALMENT OF THE HORRORS which had been preying upon his mind for years was delivered, Then it was that on that Saturday, May 31, he reseived the letier addressed to his mother written by his father, wno had been so long his mother’s persecutor—that letter, gentlemen, which Iwill not torture your ears by reading again. But there is a portion of it which it will be well for you to hear and remember. You remember the openia words—‘Prepare yourself for the inevita- ble.” This inevitable, terrible calamity that had been continually threatened against this tenis: to the knowledge ofthis poor boy for years previous, Mr. O’Conor quoted other parts of the letter (now 80 well known) and continued :—Now, Pe tiemen, that letter, which might be called kind and gentle and tender, compared with others— that detestable document which has been read betore you—came into the young man’s hands on Saturday. According to bis usual watcn{niness he eerkey off the weapon, and tarned it irom the bosom of his mother to receive it in his own. Now, gentlemen, whatever hopes he might have enter- tained that, after ali, it might be possible for him to trust and to hope that his father might not exe- cute his threatened enormities, or that, in some degree, his malice must be assuaged, here was a TERRIBLE ACCUMULATING EVIDENCE of the surcharged wickedness of the parent with whom he had to do, He did not speak to his mother. He thought it his duty not to communi- cate these horrors 10 her, and he did not commu- nicate them to any one else. He had no friend to whom he would communicate anything to the prejudice of his father or throw a stigma upon that lather’s name, And there had he been clinging to the fond and delusive hope that this terrible evil might be turned aside from his mother and himself, We have, as it were, his thoughts before us, After spending Saturday and Sunday in a way that attracted attention, and indicating a change of mind, he came to the conclusion that his way was to accept his uncle’s invitation if possible and to place ais prospects betere his father and endeavor to conciliate him, and to have him promise that he would no further persecute his motner., Late on Sunday this resolution is tormed. He will see bis father and try the effect of such appeals as he may use to induce him to some reasonable course of action, He did not this pursue a secret course, Secrecy is perceptible nowhere in all his actions, except in the one case in which he had always been secret in avoiding speaking to his mother of his father. In this particular instance he knew that his mother would feel great distrese if he was to tell her that he had any expectation of meeting this desperate, dangerous man; otherwise there 18 no secresy about it. Mr. O’Conor here read the letter written by Frank to his uncle referring to the invitation of the latter to him to accompany him to Europe, Which has been so often published. Now, gent te- men, do you believe that the boy at the time of writing that letter to his uncle thought of going to w York to have a fight or dispute with his father, or to attempt to kill his father, knowing well, as he did know, that it would mmediately cause his imprisonment and deieat his cherished hopes and expectations? Certainly not. And u you should be called upon to suppose that that letter wrought upon his mind the determination to kill his father and die for it, then you must consider what was tue necessity of writing any explanatory letter to his uncie in Albany, Certainly there was no necessity lor it. He had an invitation to visit Troy. It was easy to present an ordinary excuse to pacify his mother to unt for his absence to perpetrate a crime ut he had tntended to perpetrate a crime. But no; he leaves his tracks of guilt everywhere behind him, He leaves his tracks as a GOOD, HONKST, PURE-MINDED LAD, in circumstances of terrible distress and em- barrassment to be sure—but not without the hope, | jor youth is seldom without it—but in the hope that by thus trying the venture co secure for hitn- self those advantages he could carry also with | them that security which his mother, little brother and sisters were anxious to obtain. You find, gen- tlemen, just the secrecy ofan honest and pure- | minded “young man, wAose tender affection | towards his mother prevented him speaking ofit to | her, and, as to third persons, you tut find the con- cealment of any reference to or remarks about his father, which was, in fact, havitual to him owing to the condition he was in. There was no other secrecy; in all else he was & and honest in all he did. His conduct is marked throughout with ali the simplicity and indirectness of au in- enuous, youtuful mind, contemplating no evil. Vainly, it may be said, entertaining some hope that it might be possible to tie down this demon, as he called himself—this father, whom he had only known as the persecutor of his family and him- self. He went calmly and deliberately to his hotel, took a room there, and, as is —_ alleged, —_cavalierly sent his father a@ note inviting him to come and see him—to a place where he might consider nimself sate— armed and with every facility tor protection, draw- ing him into a place where he might take an undue advantage of him, This is not so. What are the facts, gentiemen? The railroad car leaves Sara- toga at twenty-five minutes to three. It would arrive at Forty-second street, a distance of tnree- quarters of a mile from his tather’s residence—that residence well known to him {rom the letters he | had received. He arrived at his father’s lodging at three o'clock, dusty and travel- worn, The good woman who met him at the door says a young man came in at three o'clock. She says she knew it, because it was the time the children were coming home from schol. The time 1s in exact harmony—th dusty condition of the young man’s clothe: stained and apparently just from a journ: t is his conduct on that occasion? Had he brought there a letter, seductively written to induce the father to believe that there was to be a friendly in- terview between them, to coax him to come and see him at the Sturtevant House? Not at all. He called at nis lodgings, fresh from his journe: and asked for Mr. Walworth. to go up directly to his room, making no prov taking into consideration whether he would be alone or in the company of others, He proposes to go up in perfect sincerity, | and without calculation that he might be going to his ruin, ‘Tiger as he had represented himseifto | be—and the son had a right to believe he | was—he knew he was going to that tiger's | lair, taking his chances without fear in | his heart—for among his other vices let | this go also to his account—he is a brave | little fellow; he thought of no personal danger to | himself, and probably a thought of fear had no | oii lis mind, The good woman says, write a | nil will leave tin his room, So not even | oWn motion, bat at the hint of the woman r, and properly puts “three o'cl at the head of tt. Now, Mr. Barrett, of the svurte- vant House, says Frank was there about tiree o'clock, and from (his it is sought to be sustained that 1€ Was from there Frank sent the note to his father. Mr. o’Conor dwelt upon this point, contrast- ing the evidence that went to sustain it with the testimony of the woman at Mr. Wale worth’s lodgings, and the other testimony which contradicted it, and harmonized with the probability that the note was written at his father’s lodging. The learned counsel then referred to the shoot- ing and the occurrences which marked that fatal sequence to the other circumstances, detailing briefly the evidence for the prosecution and the de- fence on this point as it was given by the witnesses for the prosecution and defence, When the prisoner was yet a mere child he re- sided in Saratoga with parents, The deience was not allowed to give the jury any evidence touching the relations of the family apd the treat- ment of this young man, Frank Waiworth, by his father. At the end of seven years that family, brought up inthe home of Chancellor Walworth, who regarded the chikiren as his pets and his darlings, were driven forth. ‘the mother took her five littie chiidren, and poor Frank, without any protector, and went to Kentucky. There she received protection from her brother, She went to his house and there received kindness and attention from him, There she became, through her own exertions, a farmer, She raised small crops and was enabled to fet on, With some means that she had obtained, ‘The Chancellor would make some allowances, but, of course, he could not support two families at different places. By her exertions Mrs. Walworth supported her family for six years, Mansfield Tracy Walworth also departed jrom Saratoga at the same time, but he made no appearance in Louisville. His young children tor the next three years never saw him once. For the next two or three years they saw him on an odd occasion, He (Mr, O’Conor) said they did not see him because he did not come to see them. The defence was not allowed to show why he did not come, but the iact was he did not go there to see them. ‘Then they had the little boy, Frank, the pet of his benevolent and virtuous old andiather for the next sev en years of his life. They bad bjw driven forth from that ehoiter, and 10 OF anything for the aprenecoure of his father, bu the time he kept she society of his mother until sn case 786. 5p en of. From this time for- ward he knew his father (taking his fatner’s own account of himself) only as a flerce, biood-thirsty, rumaniy, us, able, weked perse- cutor of i8 mother—as a — blasphemer inst the memory of his own father; tnat grandiather whom this little boy had known a8 a father and protector, During all that time down to the period of this dreadful meeting be- tween the father and the son, the sou had hever known his father in the capacity of father. There was not a particle of fact or a scrap ol evi- dence in all this case that the father ever ad- dressed to him one kind or tender word trom the hour ot his birth—that the father ever took him to church,.to @ place of amusement, to the green, to @ party of friends, or took him by the hand in childhood across the street, or exhibited for him one single mark of parental affection or regard of any kind, He knew him not asa father except that he was so by report. He knew him as a@ (father merely as he might have known an ancestor by edigree. In ordinary cases, where the partics had been together, they might suppose there were kindness and attention during the first six or seven that would be reasonably presumptive absence of all evidence the con- ry; but they had no rignt to presume that it was so in this case. It was an al- firmetive without proof when an_ effort was made to show the contrary. That offer was ruled out because the Court held it to be irrelevant and as a matter not to be neard. But they had a Tight to the nogative, that it did not Lye! that the father ever, from the birth of Frank down to the last disastrous hour when they met together, exhibited to him or to any one of his children the slightest mark of affection of any kind, There were in those abominabie letters which had been read during the trial the very distinct announcement 10 80 Many words that for the precious dollar, lor the paltry, petty income coming trom his father’s estate, part of which, in common reason, the enil- dren should have, he was willing to give uP his children. He set small value on his children. They had the facts showing gross, undutilul, violent con- duct on the part of the er, and that Frank never knew his father as a parent, got no recog- nition from him, got nothing that could have engendered tenderness in the bosom of a child, Haviug called the attention of the jury to these facts he dsked them to consider, in earnest- ness and gore faith, how Frank stood resated to his father in all this business, through his whole life and at the time of this occurrence. It was said that he stood in the relation of child to pers bound by ties of the most sacred kind, and by the mandate of Almighty Goa to treat hia father with reverence and respect, and that he could at any time, or under any circumstance contemplate the employment of violence, in de- fence of his mother against his father, was a sin against humanity which nothing else but his incar- ceration before trial and his execution afterwards, it he should be convicted, would expiate, But the elements which went to make up such @ case us that were totally wanting in this prosecution. The conduct of the father was 80 abominable, so disgust- ing, 80 Monstrous, as proved by the letters which the father had poured im by the column on this peaceful bome in Saratoga, that they could see that he stood as nothing in the contemplation of tis son but a Knave, @ desperate, dangerous enemy. What was the fourth commandment? It included obedience to your father and mother. That divine command rejated not to acts at all. It spoke the language of human nature and of social law. God expressed the command, ‘Honor thy Jather and thy mother.” He put it to the jury, to each and every one of them, was it possible for this youth to honor his father? Did the great Father of us all, despite the most abso- lute convictions of duty, command him to hold him in honor as an enemy to his family—to him- seli—to his dear mother, when He commanded him to “honor tis father?” No, nature did not re- quire it—the law of ti land did not require it—nor did the great Author of that precept require it from any human being. ‘The command was as strong with regard to the mother as to the father.” The gentie- men of the jury well knew that if there was any difference in the heart of a man with regard to that divine injunction it was in regard to the mother—to the mother who bore the prisoner— who nursed him, tended him im his weakness, cherisned him and made him good and amiable and virtuous. The command was, ‘Honor thy mother.”’ ‘The father whom he was called upon to honor, had deserted his mother, and, in terms of vile in- vective, had threatened all kinds of insults to her; had threatened to shed her vlood; to rip out her entrails, and had used to her the most disgusting terms that could be imagined—terms the most cal- culated to excite the horror of achild, Surely it was notin the power of this young man, and it would have been a violation of God's law, of Teason and of common sense to have on- oO] such @ father, Such @ tather could not be honored, and could not, by any possibility, be regarded as standing in the relation of a father, A father who was no protection to a dear and be- loved mother could not ve considered to hold that sort of relation that enjoined on the child the duty of obedience, respect or veneration, or in any way adhering to the God-like, man-like duty of stand. ing in the relation of protector to his wife aud | children, Here was this father threatening to break into'the home of his wife and children, and with @ pistol shoot them, And here was this young man ready to defend his mother and family, even to the extent of violent resistance to the wild beast who came among them. That was the most highest and honorable duty that could devolve upon any man, however old or young, and when they came to consider the cir- cumstances in which this poor young man was placed, let them consider him by some other than an iron-hauded law which said that, as the law had been violated, his young life must be forfeited. He asked them was there a human being fit to live on the earth who would not say, “My boy, wouid that! could give my life for yours?” Here was this poor boyat the knees of his Vogt mother, whom, according to God’s command, he had honored; he had protected and defended her. We will take him forth, and as an _ example to the ruMans and scoundrels of the city, let him be hanged! It was hard to deny that human laws were made for Truman beings. He was not urging that they were violating auy law. He was only speaking of the possible circumstances of this case. He was ad- dressing himself to the important points of the case—to the point that the prisoner was the son of the monster whom he slew. Let them look at the acts of this young man in regard to the monstrous character of Maastield T. Walworth, Mr, Chancellor Wal- worth, distinguished for all the virtues of life, came before them as the first grand picture in this unhappy iamily presentauion, They tuned to lis children and his grandchildren ; not a word could be said against any of them. It would seem as if some evil gentus had collected all of wickedness and scandalous and false pretence, in one vessel, and poured it in at the creation of this Mansfield Tracy Waiworth, They had seen by his letters what sort of a man he was; the exact opposite of the other members of the family. ‘The exact opposite was that noble, pure lady who was brought before them on this most deplorable occasion to present ler narra- tive. Surely, he could say nothing in_ praise of her. She had met ail this terrible trial with the most delicate observance of tue kindest duty that a wile could perform to her chil- dren and Iamily, She supported her children While her husband did not, and the jury could see what the caildren were, She brought them up in health, and gave them every nece: yr quired; they would be sure to become respec meinbers of society. She never cherished inany way any ill iecling. She appeared now beture them aim, tranquil, lady-like, and truthful to the letter, seeking to periorm her duty to her only protector, her first-born—the only protector that sue ever knew in this jie im the immediate circle of ler pily, She has exhibited firmness. While the demons 01 the law Were pressing to destroy her pro- tector she had no tears to sied. While the combat lasted, and the jury held in’ their hands the houor and good fame of the Walwor jamily, she had no tears to shed. She stood ready to meet the dim- culty, She awaited the dread sentenee, She watched the trial with all (he feelings of a motner, and if they wanted to draw tears from her, let them render a verdict of not guilty tor her son, and then, indeed, they would see her tears. The conduct and manner of this poor boy had been commented upon, It bad been said that he acted with © sort of boldness, A great deal had been said respecting him that was antrue. The acts of some other persons in Court had been im- yuted to him, He had told no lies or falsehoods. ir. O'Conor then, in a strain of brilliwnt eloquence, proceeded to discuss various other aspects of the case, and consider Whether fa the prisoner was, at the time he committed the offence imputed to him, in a frame of Mind to understand what he was doing. He quoted from the works of Jeremy Taylor a passage to the effect that “an action was neither good nor evil unless it be voluntary and chosen.” Man was good or bad by the will. “All acts that passed without any con- sent of the will were indifferent. He read pass- ages from the same author to the same effect. ; Judge Davis inquired if Mr. O'Couor read that as aw. Mr. O’Conor replied that he read it as part.of his argument and as embodying the principles of the law. Judge Davis said that the law of the State of New York took a diiferent view. Mr. O’Conor then went on to quote from other works in relation to this subject, and, alter elo- quent allusions to the history of parricides, con- cluded by calling upon the jury not to establish the fact that for the first time in the history of the world a crime of this Kind had been committed in the greet and prosperous city of New York. Judge Davis cautioned the jury not to speak of this matter among themselves, He was in doubt as to whether he should aliow them to Separate; but counsel on both sides had confidence in their integrity, and would allowthem now to separate. fle hoped they would not read the papers. The press had departed from the plain aictates of com- mon decency in commenting on this case. The Vourt then adjourned till this morning at ten o'clock. The Shades and Shadows of the Park Commission. ———— The Rumored Destruction of the Trees No Cause for Fear—The Foliage Gen- erally Green and Flourishing. The approach of the heated term calls the atten- tion of every inhabitant of the metropolis to the condition of the public parks and dreathing places. The advantages of these oases in the midst of this great heated mass of brick an4 mortar are gener- ally recognized, and the more numerous the dwellers in the city become the more imperatively necessary do such parks become. The beauty as’ well as the attractiveness and comfort of the parks depends greatly upon the existence of a goodly number of large, healthy forest trees, A park without shade is anything but attrac tive when the thermometer is in the nine- ties. The cool breezes which are re ported to arise trom the fountains which throw their spray in the air do not exist in fact, and all the theorles to the contrary are inadequate to satisfy a tired and dusty pedestrian who pants for’ @ cool, shady corner in which to rest. ALL APPRECIATS THE PARKS. The lovers who nestle away from the busy world, seeking under the cover of some widely-branching elm the seclusion which an unfriendly mother de- nies them under the parental roof; the portly old’ market woman who always occupies a settee to the windward of the fountain, and who fans her- self with her apron; the morose and dejected ‘woman who has lost all that is dear to hersave life, and the quiet man of business who strolls into the Park from his lunch to enjoy a cigar—all of these and @ thousand other classes of people assert their rights and demand that the trees in the parks shall be kept in good condition, ARE THE TREES DYING? The startling rumor that many of the trees were dying in the public parks for want of proper care has been current for several days. Many pedestri- ans, as they stroll through the small uptown park- lets, have remarked upon the extraordinary lack of pruning and digging which nas marked this Spring, and they have only added strength to the rumor regarding the oertain death of many noble forest trees which now shade the walks and drives, To many the dread news of the coming cholera can scarcely be more appalling than the threatened de- struction of the trees, THE DISASTER TO TREES. It is a well known fact that the severe Winter of 1871-2 had a blighting effect upon the trees in Cen- tral Park, from the effect of which many have not even yet recovered. In the Central Park alone 7,853 trees were killed by the excessive cold. This Spring visitors to the Central Park will have noticed that the leaflng of deciduous trees and shrubs was much earlier than on the previous season. In the Spring of 1872 it was discovered that nearly every individual of certain species had been killed. It has been proven, even during the past Winter, that certain classes of shrubs cannot endure the cold of this latitude, though they are wrapped in straw. A CURIOUS FACT. It would appear thas, although snrubs and trees fare much better in Central Park than in ordinary nurseries, Many strange facts are ascertained re- garding the hardihood of vegetation besoene from cles con- various parts of the globe. Specie: sidered perfectly hardy are, during the Winter season, sometimes seriously affected by the cold, while others, which have been regarded as tender and which while young are protected from the frost, have, even when left wholly exposed, es- caped uninjured. Trees introduced trom far north- ern forests of other yee of the world, as Alaska, Siberia and Norway, have fared very badly on sev- eral occasions. On the other hand, numerous species originating in Calitornia, Japan, the South oi Europe and the north of Airica have seidom suf- fered materially. ‘these strange facts are not due wholly to the merely local causes, but there is some distinct reason for the death in each case, The life, growth and death of a tree Is in a gre: many respects like that of aa animal. The con- stituents of diet and healthy quarters are by no means @ smali matter in the growth ofa tree, THE BLIGHTED TREES. Many of the trees which to-day wear a blightey appearance owe their premature decay to the great and very fatai cold snap on the 15th day of March, 1872, On that day there was a etrong and bitter wind, with sieet, trom the northwest. The thermometer fell in a few hours trom 61 degrees to 17 degrees, Every branch was covered with icicles, which remained clinging to the trees for more than twenty-four hou! ‘The course of that storm of sieet and wind can be traced from the Rocky Mountains, and it came sweeping around by way of the lakes at the rate of 500 miles per day. THE PRESENT SPRING has been exceedingly favorable to the growth of the trees and shrubs in the public parks, and there is no reason to expect that any great number of the trees have been fatally blighted during the past Winter season, The evergreens which were transplanted two years ago are almost, without exception, dead or withered beyond the hope of recovery, The trees in UNION SQUARE appear to be in a generally healthy condition The new fountain which has been placed in the park has, doubtless, some effect upon the foliage, and goes very far toward keeping the green in the boughs. Several large trees which were transplanted this Spring are apparently the greenest in the plaza. In the reconstruction of this well-known square much taste has been displayed in the ar- rangement of the walks, and the trees are so arranged that their shade ialis equally upon all parts of the park, rather than being excessively close in some and very open in other parts, WASHINGTON SQUARE neeas the attention of the Department at once, Tne plan upon which the new park has been laid out is an exceedingly good and popular one. The great thoroughtare which has been opened through it as really divides it into two parts as Second avenue does Stuyvesant square. he large fountain in the centre is @ worthy repository jor numerous gold fish, which are much admired by west-side nurses and urchins. But there is some- thing which is of tar more importance to those who frequent the Park or who take pride in the beautification of the city, and this is the unhealthy condition of some ot the large trees. It 13 ace counted for by the fact that the Park was raised several feet in some places, and the earth thus thrown up around the trunk of the tree has, in each case, retarded its growth. Several of the large maples on the eastern side show unmis- takable evidences of deciine, THE BATTERY. There many trees in the beautiful green known as “The Battery” which shouid be at once trimmed and otherwise cared for, The unhealthy | Appearance in a great number of cases, 1s doubtiess | due to the use of street dirt around the roots, The dust off the streets in many mstances is very in- |jurious to the growth of trees” or | shrubs, and not unirequently has the | emect of — destroying vegetable lite, It | contains a large percentage of sait. Those por. | tions of tue Battery which have remained un- | changed as to their grade contain the healthiest looking trees, The past Winter has not had any very serious effect upon them, and there is no serious apprehensions further than stated above. Bowling Green is just as snug and cosey, and its old trees, many of Colonial anuquity, have just as bright foliage as they have worn tn past years, ‘They are proof agatnst all blighting storins of rain or snow. THE OTHER SMALL PARKS. In Madison square and Gramercy Park the trees trees are in remarkably good condition. Consider the thorough overhauling Which the former receive \ last year, it is co be wondered at that the trees have survived as well as they have. In Tompkins square the Department has not set out any forest trees. Reservoir and Stuyvesant squares have not been filled up or regraded to any serious degree, and the trees have apparently escaped. all blight- ing effects of the Winter. The trees are generally healthy. The deaths have not been as numerous by half as they were last Spring, The trees now under the ban are those smitten in the Winter of Ls71-2, or those which have been injured by grad- ITALIAN BRIGANDAGE. Michael Corrigan, of 401 East Sixteenth street,, was walking through Mott street on Monday even- ing, about eleven o’clock, when he was suddenly knocked down, without any provocation on bis part, and robbed of $26. The assailant is a mam named Vita Remi, an Italian immigrant. He was arrested by OMicer Suydam, of the pdt cinct, and brought belore Judge Hogan yesterday, at the Tombs Police Court, and held in'$2,090 baik, to answer. EQUALIZATION OF TAXES, ALBANY, N. Y., July 1, 1873. | Messrs. Fowler, Briggs and Hadley, State Assesa~ ors, have arranged for a thorough visitation of the State and a caretul review of the rates of assess~ ment in the several counties, with a view to amor@ perfect equalization of taxes. They will commence at Lockport ou the 7th instant. ‘There was filed in the County Clerk’s office her@ to-day a judgment in favor of the people of thq State against Thomas U. Fields, ex-. a moins for $554,062 damages and $9,587 coss, making L total of $563,040, |