The New York Herald Newspaper, January 25, 1872, Page 4

ACQUITTED. Ellea G. Wharton Not Guilty of the The Greatest Poison Trial on Record. er’s arrival, took their seats an@ bowed their heads in most solemn silence. Soon & movement in the audience was hoard, and @mo- ment later the prisoner and her daughter, accom- paniea by Mr. and Mrs. J, Crawford Neilson, were within the bar. MRE. WHARTON AND MISS NELLIN took seats near Mr. Steele, and at once leaned forward and directed to him some inquiry, mauat- ble to ail else, It is not Itkely, however, if it was in Felation to the matter uppermost in their minds, as | it was in the minds of all those about them, *¢ What is the verdict to ve?’ Her general appearance was but Ititle changed since yesterday. Perhaps the pallor always visible in her face was a shade Geeper and her movements @ little more nervous and excited. Miss Neliie displayed a nervousness Justice Triumphant in Spite of Preju- | ana anxiety which she had never evinced at any dice and Persecution. RESUME OF THE CASE. A Strong Fabric of Cirenmstantial Evi- dence—A Herculean Defence. THIRTY-EIGHT DAYS OF AGONY. Sixty-six Witnesses Summoned, Fifty-six Sworn. BLUNDERS OF THE PROSECUTING CHEMISTS. Powerful Medical Testimony in Rebuttal, THE VERDICT. Ynterview with the Sorrowful Mother and Lovely Danghter in Their Cell. WAITING FOR The Van Ness Indictment—Bail | % the crowded court room beat with almost sup- Accepted. ANNAPOLIS, Md., Jan. 24, 1872. ‘The jast act in the fearful drama which has held former stage of the trial, and ali those around her were more or less affected, MR. STEELE OAME INTO COURT with a lightness and buoyancy in his manner strangely in contrast with his haggard and care- worn face of previous days, His eye was bright, and he seemed to teel the proud consciousness of weil-merited triumph. The Attorney General did hot appear, and Mr. Revell represented rhe State, SEND FOR THR JURY—PAINFUL MOMENTS, When all were in readiness the three Judges ascended to their seats, and Chief Justice Miller broke the silence that was getting paintul— “Mr, Dadds, have the jury brought in.” At this moment every eye in the assemblage was directed toward the dvor, and presently the twelve men, upon whose word hung human tile, filed tavo the room, and took those seats in which they had listened to all that was to be sald for or against the prisoner for nearly eight lomg weary weeks, in her trial for the most terrible of crimes, and upon whose iife they were now to pass, They looked fresh and smiling as if they were approaching @ cheerful duty, and none who saw them enter but knew that the verdict was the complete vindication of the prisoner. Alter they were seated Mr. Steele leaned toward Mrs, Wharton and said, ‘*You will have to take the prisoner's box.’” “Yes,” she said faintly, while tho bitter thought seemed burning into her very heart. Mr. Crawford Neilson then took her arm, and Mr, Steele the arm of her daughter, and escorted them back through the crowd to the prisoner's box. Mrs, Wharton took a seat within the enclosure, with Mr. Thomas on her right and Mr. Steele on her left, while Miss Nellie stood by the railing of the prisoner’s box, on the left of her mother. This was a moment in the history of this important trial that will never be for- gotten by those who witnessed it, The great heart pressed pulsations in the contemplation of the scene. Within this Uttle circle, in whieh the bagest ana meanest of criminals had found a resting place for years, sat this lone womun, draped in the garb of deepest sorrow. Upon each side of ; looking with longing eyes for the prison- | Sabbath, ‘The oid moss-covered roof and quatnt- looking houses seem to take on a gloomy aspect thas does not belong to them during the unhallowed days; the streets are desolate, save when the trio of churches are calling forth their Congregations to morning and evening devotion. © The shades of evening were falling over the ancient city, Night's mantle had sptead: iteelf over the soenes of a day. The holy peace of God marked the hour as I loft the hotel for @ visit to that jallin which is confined that prisoner who has been the subject of an outrage more fearful than ever at- tached to human being within the annals of crimi- nal jurisprudence in our happy country. MRS, WHARTON’S PRISON HOUSE, A moment's walk and I stood before the building established for the purpose of confinement tor the criminals of Anne Arundel county—a quaint old structure, built in colonial times, and of materials which came from the mother country. It is sub- stantial, but without any claims to architectural beauty. It is built of brick, two stories high, and is painted a dirty yellowish color, The door of en- ‘ance is found by ascending a slight flight of stairs, directly in the centre of the building. I scanned the building over in the twilight, and a light glim- mered in the windows as I ascended to the thresh- old and pulled the bell. A warden responded to the call and showed me in, THAL TERRIBLE ORLI. A moment later [stood upon the threshold of the cell that held as a felon this lady, who was once a favorite of refined society wherever she was known, Once within it 1 was lost in the contemplation of the surroundings. A pair of blue curtains obscures the bars— that cankering iron that sears noble impulses of hearts and blunts the finer sensibilities of nature. The room is about twelve feet square, plain, but neatly furnished; but when its occupants are in there Mngers around it an air of refinement and quiet reurement that cannot belong to it wuen they are away. Iam received kindly by the SORROW-STRICKEN WOMAN AND HER BEREAVED DAUGHTER. The two countenances that I have dimly seen through heavy crape for weeks are now face to face with me, witb none of the draping of sorrow to ob- scure them. There ts something 80 painfyl to me in this association that I feel til at ease. There 1s 80 much mn my heart now that Isit face to face with these two creatures that it seems thatlam in the presence and under the influences of a sacred com- panionsnip, I am situng by the side of the motner, at the foot of the ped, while the daughter sits put a few feet away, directly in irort. Isaw the child when her face was unmasked to the common herd in the court room, when she told her simple story in behaif of her accusea ent. That face has changed since tnat hour. The dark lines under the eyes have grown less, the cheeks are not 80 Lull to-pigat, and the old, sweet expression, that was such a natural accompaniment of her mouth, played around it almost as sweetly as before this verrivle sorrow came uponher. The cheeks are less sunken, and, while the voice 1s calm and subdued, the child's spirit is broken. I can see that the Tear approach to the end of this tedious trial, that has been taxing her energies to their utmost, her stood the two men, Mr, steele and Thomas, this community and the whole country spell pound | who had foilowed her case from its commencement, Yor eight long weeks was concluded this morning, The curtain has dropped, the lights are out, the actors spirited away, and the vast tide of humanity ‘that watched its every phase has passed back into the great ocean of life from whence it came, to reflect upon for dJorges that which has been for weeks, ‘ana even months, the all ‘thelr minds. It 1s too early as yet to expect a dis- Dassionate judgment upon the issue involved from ‘those who have 80 bitterly and persistently asserted the fearful guiit of tne prisoner; but an evidence of returning reason, if not of magnanimity and chiv- alry, was displayed this morning upon the rendi- tion of the verdict. The immediate public nave be- gun totmagine that it would bein execrable taste to censure a jury for rendering a verdict which they have all along predicted, and which they awhile and finally | this exhausting their great learning and ability in de- monstrating her innocence. Well had they fought the fight, and nobly nad they said in her defence, “It was a fitting Anale to their long devotion that they should stand with her in the hour of her greatest bereavement and peril.” Near her was also that absorbing topic in | devoted daughter, whose kind and earnest atten- tion had attracted the admiration of the worla; and allaround this littie party was the gaping crowd, upon whose hearts it must have been photographed, if their eager stare could have gathered the im- press. When curlosity was at its height Chief Justice Miller interrupted and cautioned the audience that there must be no manifestations of elther approval or disapproval at the verdict of the yury and any comment would be promptly suppressed. The could but have given under similar circumstances, | Clerk then said, Up toa late nour last night a hope was entertamed that the jury would agree, and scores of persons crowded the hotels and public houses, anxious to obtain the first intelligence from those upon whose fat nung the destinies of two lone and desolate Women. ispeak of the prisoner and her daugnter “@ENTLEMEN OF THE JURY, have you agreed upon your verdict?” A number of voices responded, “We have.” “Who shall say for you?” said the Clerk. 1s adding new life to the crushed heart that hag been torn and bieeding as the price of willul slan- der and unjust and cruel criticism. Around the room were evidences of civilization that are not usually found within prison wails. common three-ply carpet, Whose principal color is red, covers the floor. ‘I'he walls are heavily coated with whitewash, ana a new cottage set of furniture, stained 1n imitation of walnut, furnishes the room. At the farthest end a sheet iron stove of old pat- tern and oval shape gives out a warmth, and makes the chill damp of the prison walls less uncomiort- able. A pine table, upon which the meals ure served, sets under the window nearest the door, and a snow-wilte tablecioth neatly foldeu upon its top, together with a pitcher of water and a few glasses, Next to it sits the bureau, with a looking glass upon it, and with Miss Nellie’s workbox and a delicately worked pin- cushion as top ornaments. In the farthest end a common cottage waslstand, with white earthen bowl and pitcher, stanas alone, while over the black manteipieve twat backs the stove an octagon clock paces oi! the weary hours, that must seem to the in- mates laden with lead. A bed sits in the corner nearest the door, which, while of rude exterior, is undoubtedly comfortaple. This cell is separated from that portion of the building where- in are confined some dozen negroes and mean whites, who have never descended to a degree of decent crime or honest poverty, but Whose grovelling offences have brought them here as common thieves or vagrants. Wuile she is not “Foreman,” shouted the jury. Said the Clerk, “Elizabeth G. Wharton, stand together, because they have been and are insepera- | up.” bie, wuring the long hours of the night they kept their cheerless vigil, expecting momentarily to be summoned to meet the dread judgment which would consign them toshame and ignominy, or allow them to go forth and seek whatever of lite and happiness was still in store for them among their fellow creatures. As the night wore on and the wee sma hours of we morrow gave notice The prisoner slowly arose, as if hardly able to ac- complish the task, and the whole audience seemed deeply affected. Miss Nellie wept. Messrs, Steele and Thomas bowed their heads, and Miss Rosa Neil- son, Mrs. Neilson and Mrs. Nugent shed tears freely, aod there were none in that vust audience, even those who had been so bitterly unjust against the prisoner, but were affected by the sadness of that that another day was added to the long list which | moment. had succeeded each other during their patient walt- ing, they sought that repose wnicli tired nature never denies to innocent hearts and pure conclences. ‘The jury at nine o’ciock last night were transferred from their cheerless quarters on the second floor of the Court House to the room in which the Court is held. A bounteous repast was served to them, and all were made as comiortable as the circumstances would allow. Tue scenes were those that have characterized all such occasions from time im- memorial. The more lively of their number were determined that, for one night at ieast, sleep should be banished from their midst. Their long experience has constituted them no mean adepts in the paraphernalia of criminal proceedings, and several of them were arraigned, tried, convicted and pun- ished for minor infringements of their improvised code, One of their number, @ plethoric gentieman with jovial face and rotund proportions, assuméd the chatr of state. He ensconced himself in the seat made vacant by the absence of Chef Justice Miller, and propounded and administered the law with an expedition and accuracy which would have delighted many who have had occasion to curse tne slow and unceriain machinery of modern judica- ture, HE WIELDED THE GAVEL OF THE JUDGE with a decision and power which would have aston- ished that worthy gentleman and would have aroused the latent fires of envy in nis soul. Did one of the weary yoemen dispose his limbs to court the sleep god’s smiles a thundering rap would wake the slumbering echoes of the hati of justice and diss pate the happy visions which were lulling into dreamy unconsciousness his red senses. The roll would be called and a yote speedily demanded to deterinine the status of the jury. But it was the same tally each Ume—eight | for acquittal and four for conviction, As morning dawned the more obdurate of their number showed | signs of relenting, and an ample breakMst did the business, It had since been ascertained that the four who asked conviction were the youth- ful members of the jury, who held more 0 be obstinate and have a litte sport with the ‘ola codgers,” as they were pleased to call the eluer members of the jury, than for anything eise., The sun rose beautifully over the quaint old houses which dot the town and serve | as landmarks of a former era, The streets were deserted; not a cart or wagon, with its country mud and nondescript driver, appeared to break the stillness, which hung like a pail over the city. Aatray cur was hailed with feelings almost amount- ing to pleasure, as an indication that his master possibiy resided within the corporate limits. An- napolis seemed to have relapsed into the semi-coma- tose condition which marked its existence before the commencement of the Wharton trial. at ten o’ciock scarcely more than half adozen urchins | | hung around the Court House door, which at the same time yesterday had been a scene of life and | animation seldom surpassed in our most crowded cities, Suddenly @ rap was heard overhead in the jury room, and there was hurrying to and fro, and rushing in hot hasie by all who heara the ominous sound, THE FATE OF THE PRISONER no longer hung in the balance. The jury had agreed; bailiffs were despatched tn various dixece tions for the Court, the attorneys and Mrs, Wharton. The news travelled almost with lightning rapidity. Atflve minutes after ten o'clock the doors of the court room were thrown open, and, perhaps, a dozen persons eniered and secured seats, out | “Gentlemen of the Jury—Look upon the pris- oner at the bar,’ said the Clerk in a tone of voice well subdued, and the twelve men turned their eyes full upon the bowed and stricken woman, _«‘‘What say you? Is sne guilty of the matter where- of she stands indicted, or not guilty ?”” “NOT GUILTY” SAID THE FOREMAN, in a clear, full voice, and immediately a stamping of feet resounded through tue room and a murmur of applause arose, which was promptly suppressed by the ballifts, “Gentlemen,” sald the Clerk, ‘‘hearken to your verdict as the Court hath recorded it. Your fore- man saith the prisoner at the bar is not gullty of the matter whereof she stands indicted. And so say you ail?’ THE JURY ALL BOWED ASSENT. The Judge then said:—**Mr. Clerk, record the ver- dict.” ‘fhe prisoner left the prisoner's box, and, with her daughter and counsel, returned to their seats Within the bar, and for the first ume since the be- ginning of the trial Mrs, Wharton betrayed unequiv- ocal signs of emotion, As she walked back to her seat within the bar her limbs almost refused to sup- port her, and her features were of @ dead, ashen hue, which led many to think she would swoon away, and great scalding tears trickled down her careworn features, Her counsel warmly congratu- lated her, and this In a measure seemed to restore and reassure her; but she burst intotears, and her pent-up soul for once found a vent in those unerr- ing evidences of a common humanity, NELLIE WAS ALL OF A TREMBLE when she reached her seat, like a young bird but lately released from its cage and not yet fully ase assured of its liberty. Rosa Neilson and her mother, and, tn fact, all who were gathered were more or leas affected. But the Joy of the heart was aslicut aud without dispiay— deep and sincere. Before the Court adjourned it was understood between the Court and counsel that the trial of Mrs, Wharton on an indicument for attempting to poison Van Ness would come off at the regular term of the } Court in April. Mr, Steele asked that the Court fx the bail for her appearance in that case, with due | consideration to the circumstances of Mra, Whar- ton. The Court fixed the bail at $5,000 on Mrs, Wharton's personal recognizance and $2,500 each of two securities. Mre, Wharton then acknowledged her recognizance, aud Mr, J, Crawford Neilson and | Miss Neilie Wharton became security in $2,600 each, The Court then adjourned, Mrs, Wharton leaning | on the arm of Mr. Steele and Miss Nellie took that | of Mr, Thomas. Mrs. Wharton will remain a few days at Annapolis at the house of @ friend, During | the trial sixty-six witnesses were summoned and fifty-six sworn, the cost of the trial being avout sixteen thousand dollars. INTERVIEW WITH THE PRISONER, Mrs. Nugent, as well as Miss near enough to them to know the associations, save in fancy, yet the knowledge of this companionship must be galling to that intelligent and cultivated mind that has always made her an honored mem- ber ot society wherever sue chanced to be. MES. WHARTON, whom I sat near, and the outlines of whose countenance I had so long beheld draped in mourn- ing weeds, now seemed o diferent being than T had ever known before. She must have been im early iife a woman of exceed- ingly pleasing Dersonal appearance; but Time's impress has left its heavy traces and sorrow has marked her countenance with deep and lasting lines. The hair has been whitened with the searing impress of Time’s frosty fingers; yet there is apout her manner a something of culture, refinement and amiavuity that makes one ieei that 1t would be im- possible for her to commit a crime, She has the same large, lustrous eyes which make her daughter Nellie so pleasing and that peculiarly briliant man- ner in conversation tha: makes her intelligence a; pear to such great advantage. AN INTERVIEW WITH THE ACCUSED. After a few moments’ conversauion, merely salu- tatory, 1satd:—“Mrs. Wharton, I have to congratu- late you upon the near approach to the end oi your tedious triat.”” She repiied eagerly, “Do you think, sir, that it will end to-morrow?” said, “Certainly, 1 do. Ido not think the Attor- ney General will occupy over three hours, and Mr. Steele certainly cannot be able to speak longer than the remaimiug two.”? “T hope it may,” she said in a mournful tone of voice; “it has been so long and is so very tiresome to stay there ali day; but 1 do not know—lam airaid Mr. Syester will want to speak longer than you seem to think,’ 1 rephiea, “I do not think so; I have known Mr. syester a long time, and itis not bis wont to make long speeches,’’ “He is very eloquent, is he not?’’ she replied, and adaed, ‘but he nas such @ goou 100k that it does not seem possible that he would say augnt that would jharin any one.” “His heart is always wita the defence,” I an- swered. ‘or years he has been upon that side in every important criminal trial within the State, and i613 to his calm avility and toresight that wany per- sons have been saved irom dreadful fates, He is lt at ease, [ Know, in tne part tnat he is playing against you, but he 1s &@ man that never finches irom doing bis whole duty, and I expect him to make an eloquent and able appeai in benail of the State.” ‘Yurning the subject, I said, “You seem right com- ¥ situated ner “Yes, |, “this place nas the good quality, at least, of being quiet, Alter the fatigues of the long cay at Court we have that quiet here that we so much need, ‘There 1s hardly a thiig that breaks the silence 1a the day tume, and in the evening and night We have the most periect quiet, so strangely in contrast with our position in Baltimore. Turning to ber daughter Nellie, who was sitting near, looking at her motner intently, as if trying to define her every thougut and actions, | sad— | ‘MISS NELLKE, YOU LOOK MUCH BETTER to-night tnan when | first saw you.” A smile played upon her teatures and a new jight lit up her lustrous eyes, and she said, “Yo you really wink so’ | am so glad the trial 1s nearly ‘over, but yet I feel so weary. At times it seems as though I was entirely worn out; and poor mother, whose heaith 18 so delicate, sometimes almost gives way under the strain upon her system. Jt has now been, you know, over six months since I first fol- lowed mother to her prison: and oh! it seems to me as if each one of them had been years. Do you really think that it will close to-morrow 1” “Certaioly,’’ said J, “I Dave not the least doubt of it, and to-morrow will begin the eighth week since the trial commenced. I remember, Miss Nellie, when thts sorrow first etoyou. [happened in Baltimore at the time. These painful rumors that were on oot, besides the terrible charge, were almost worse tian what really came to you.” “Yes,” she said, sorrowiuily, while her eyes filled with tears, “we have had much troubie; more taan any one can tell.” “Youdo not go out much, do you, Miss Nellie, “from your prison room, said 1 ?? “No, sir, 1 rarely ever leave mother. f{ have once or twice gone a little way, but her healtn is so deli- cate that 1 do not Itke to be away irom her, even for a few moments.” “[ nope, Miss Nellie, that to-morrow might you will be able to leave tnis place for YOUR OWN HOME IN BALTIMORE.” “On! 1 hope sol’) she sala, as a ray of hope itt up her serrowiul countenance. “‘I siall be so nappy if Now that the end has been reached and the ac- cused lady has been acquitted by a jury of her peers, there will be no impropriety in giving the | resuit of an interview with Mrs, Wharton and the HeRaLp correspondent im her prison cell, and also @ brief resume of this most remarkable case. On Sunday, believing that that woula be the last day the accused would spend in the An- napolis jail, and recognizing the fact that the toliow- ing day would end my labors for the HeRa.p in this place, actuated by feelings the most indescrib Five miautes afterwards a seething mass of humanity crowded the railings around the bar, and many were unable to conceal their aston- ishment at the suduen transformation. able in reference to this absorbing poisoning trial determined to visit Mra. Wharton and her daugnter in thew quarters in the town jail, and ascertain ‘ynere was | Whatever further tnformation I could that would be some little deiay in we arrival of the prisoner and | of interest. The sun arose over the beautifu her counsel, as well as that of the State, and all the | waters of the Uhesapeake Bay bright and beautiful. members 01 the Court were in their places ere she prrived, Mrs, Nugent, the sister-in-law of Mra, | and water fowls basked upon its bosom in Over the waters scarcely a ripple was to be seen, sun as ‘Wharton, and Miss Rosa Netigon, the devoted friend | warm as that of early spring. Annapolis, quiet, ot Misa Nelle came in while the audience dull, dreary in week times, becomes desolate on the | It can be sol”? ‘Turning to her mother J remarked, “Mrs, Whar- | ton, von have endured the fatigues of your trial re- | markably well, have you nov??? “Thave tried to keep up a8 best 1 could,” she sald, “nut at times ft has seemed as though 1t would be linpossibie for me to remain im Court during all the long hours of its sesston,’”? “| may say the same thing to you that 1 sald to Miss Neliie—that | hope you will be able to revurn home to-morrow night?” “I hope 80,” she said, ‘but I hardly dare to hope. There have been so many strange and unhappy things sald and done during the trial that ave almost lost heart in humain nature. 1 have seen 50 much Of ingratitude irom those in whose behal. I lave exerted some of my kindest efforts. It is the most sorrowful part of all this trial to me to Hote the malicious spirit that has enarac- terized many with whom I have heretofore enjoyed the most Lappy and cordial relations; yet 1 would 4 hem thas or wound their feelings, tdudncdhmns.s 3993 A WARNING WORD TQ HER ENEMI There 18 so much that I might say ry relation to these matters did { hoid malicious thoughts toward many of those who have been very unkind to me during may Wrouble. 1 cau assure you, sir if i peed Siighvess truth im all been said and against me; and J feel assured many will have cause to thew ‘and unjust action ‘wards me.” For the next ts the conversation turned upon mutters of met them wherever they might be whene' their vicinity. The daughter, with her roe tiled with tears, ‘ed that they had muocl for the kind, generous and impartial manner in which it had treated them daring their terrible evening, left the and wended my way back to the hotel. ‘nere is something in that visit that seems to cling melancholy about the si gs of the room, the mourning weeds of the lone objects and the conversations, that strikes one as strange surround- ings to be found ina prison cell, an @ AC- is something in every thought and action of those creatures, eer that toils 80 Lato for @ man to sit within their presence without feel- ing that all this fabric that bad been sought wo be tainty and ignoranee, and woven with the malice ever known to human minds, Monday, the 4th of December, was a bleak, cold, biting blasts, blew a northwest wind, and the whole scene about this “ancient city” was dark, dismal blinding snow storm had been driven about oy the Testiess wind, and upon that morning was being with a full and unwelcome blast. At half-past seven Mrs, Wharton, who was to meet the moat mind, arose and began the preparations for tne scene that was to follow at a later hour. Her daugh- CAUSE TO BE GRATBFUL TO THE BBRALD sorrow. I bade them good around me as I indite these lines—there was som 80 careworn countenances, of their deep and earnest companiments ‘to to a felon. of their innocence, tha' would be woven about one of them was framed with uncer- direst HISTORY OF THE TRIAL. dismal day. Up off the Severn River, im fitfut, sharp, and dreary in the extreme. Nearly all night a hurried through the streets and around the corners terrible of all fates that can come to a cultivated ter Nellie was also up at that time, dressed, and GAZING THROUGH THE BARRED WINDOWS out upon the barren waste before ner, beyond which were the whitened sepuichres of the departed spirits that had known this place as their local nabi- tation in life, adding more mournful effect to the already desolate sight. At half-past eight a rude Pine tabie was set out into the centre of the room, covered with a simple white tablecloth, and a ser- vant came from a neighboring restaurant and pre- pared breakfast. The two lone creatures’sat down * to eat. Little was said. The anguish that filled those hearts could be felt, but not portrayea in words, After breakfast and about nine o'clock they were joined by Mrs, J. Crawford Neilson and Miss Rosa Neilson, whose kind and affectionate attention to their imprisonment had shown tbem the sincerest of iriends. At half-past ten a Little old coach, painted black, worn dim and rusty in service, drew up before the door of the prison house. Attached to it was a dilapidated team of horses, and upon the box sat a half-clad negro, who shivered from the effects of the biting winter’s wind as he stood in waiting. As the morning advanced the scene within the prison cell became more sorrowful than tongue can tell or pen write, Miss Nellie, the de- voted daughter, as she went about gathering to- gether the wrappings they were to wear upon this the day when new sorrow, worse than all thé rest, ‘Was ta come to her, seemed the picture of desola- tion, The bright, joyous girl of a few months before had been transformed into & sorrow-stricken woman. Deep black lines had been traced beneatn the handsomest of hazel eyes, large, lus- trous and full of expression; cheeks that nad been once full, lps that had been pouting and rosy, were sunken away, and scarcely a resemblance to the pretty girl of a few months before now remained. As the prepara- tion began fearful sorrow was gnawing at her heart and eating out her very existence, blinding tears filled ner eyes, and the looks and actions of this de- voted girl brought mucit unhappiness to all those about her. The mother seemed to bear up even better than the daughter, and although her healtn ‘was quite feeble, the experience of years had given her the power to bear up under the great sorrows that were upon her, SHE EVEN SAID CHEERING WORDS to that child, who seemed almost passing away with the anguish that was in her heart. Ab’ @ quarter to ten the manly Sheriff of the county appeared and stated that the hour for departure had arrived. All were in readiness, aud the solemn procession moved out of tue room into the corridor, down the stairs, en- tered the little coach and were driyen to the Court House. Ouiside there had gathered quite a crowd of idle and curious spectators, anxious to see this woman of whom 80 much bad been said and of Whom so little was known, She passed through the crowd leaning upon the arm of the Sheriff and entered we court room, taking her seat within tne bar, just benind those that would be occupied by her detenders. Precisely at ten o’clock the three judges, all stald and sober men, past the meridian Of life, entered the court room and at once ascended to their seats, ‘The room was crowded almost to suffocation; within the bar sat men of legal, politi- cal and social distinction irom various parts of the country; without the bar were the rich and the poor, the high and the low, the old and the young, Mingled in one heterogeneous mass. To the right of the railing, upon raised seats provided expressly for tneir use, were gathered at least a hundred representatives of the fair sex, whose dress and manners indicated that they were irom tie higher stations of refined and educated society, who peered down upon this lone woman and her craped ofispring, girt all about with tne group of constant friends who were the believers in her innocence, with that curiosiiy that beiongs more to the vulgar than the refined. Alter a pause of a few moments the gavel of the Chief Justice fell, a venerable crier, whose hoary head and sonorous voice has noted the incomings and outgoings of this Court for avout a generation ot two, ordered all to draw near to hear the solemn proceedings that were to take place. At this moment THE EXCITEMENT WITHIN THE COURT ROOM was intense. The hushed breathing of the crowd gave evidence of the anxiety that existed to hear une first word that should be uttered, eitner for or against this unfortunate woman. At the trial table sat the attorneys for the prosecution and defence, comprising some of the ablest lawyers of which the Siate of Marylaud could boast. The Hon. A. K. Syester, the newly elected Attorney General ot the State of Maryland, whose abiliues had veen recog- nized as of the highest order, and whose success in the fleld of criminal tials had marked him as one of the ablest and most sagacious advocates of the country, satas the principal feature Jor the prose. cuuop. His assisiant, Mr. James Revell, although @ young man, Was @Moxt able assistant of such a distinguished representative as Mr, Syester, For vhe deience appeared Mr. J, Nevett Steele, who bears an enviavle reputation both as an avie advo- cate and @ sound reasoner. He was assisted by Mr. J. H. Thomas, 4 man well advanced 10 years, whose reputation 1s among the best o. the bar In the city of Baltimore. Mr. A. B, Hagner, a noted lawyer of Annapolis, appeared as the juaior counsel, Chief Justice Miller was the FIRST TO BREAK THE SILENCE, that was every momeut becoming more painful, with an inquiry if they were ready to proceed. Mr. Revell, the state’s Attorney of Anne Arundel county, Stated that they were ready to go on. Mr. Steele, tor the defence, replied that they were ready to meet the char ir. Revell then stated that the first thing would be the arraignment of the prisoner, ‘This announcement seemed to be very gralilying to the audience, as the idea presented itself undoubt- edly that they would have an opportunity of grati- tying their idle curiosity by @ sight of the prisoner’s face. The Chiel Justice then directed that the prisoner be arraigned. Mr. Steele, at this juncture, turned to the unfortunate lady and sald:—“Mrs, Wharton, you will be ubliged to remove your veil and stand up wiule the Indictment 1s being read.’ he at once arose, moved towards the Clerk’s desk, stood upon @ raised dais at the foot of the witness box, and with a sweep of her gloved hand swept back Irom her iace the gloomy crape that had heretotore hid it from the gaze of the au- dience, AS she did so she turned her full gaze upon the crowd, and J venture the assertion that few who saw that sorrow-marked face that morning will ever forget it. ‘The gentie- manly Cierk, Mr. Harwood, directed ner to hold up her nand, wiich she did, while her daughter, who nad followed her to this spot and had sank at her feet upon the floor BURST INTO A FLOOD OF BITTER TEARS. The indiciment was read, recounting to her that, Instead of ner devotion to religious principles, she had been mstigated by the devil to the commission of some of the most fearful crimes known to human laws, Through all the weary counts she listened, while the audience lookea on with eager interest, When it was all through the Clerk pronounced the usual question, “Guilty or not gullty Y? She replied in aclear, calm tone, “Not guilty;” then, with the as- sistance of Mr, Steele, returned to her seat behind him, drawing back the veil over her face and hid her countenance from the gaze of the crowd, per- haps never to be revealed to them again during the continuance of this investigation. The drawing of a jury was then commenced, oc- cupying the whole of that day, and was not con- cluded until the next day, when Mr, Revell, State's Attorney, made an opening statement a8 a premise to What was to be proved by the prosecution. FOR TWENTY DAYS these investigations continued, and around this woman Was sought to be woven @ fabric of crime throagh which not the slightest shade of innocence could throw its cheering rays. Never within the whole range of criminal prosecutl in this coun. try was @ prigoner surrounded with such powerlul Vv, Must suffice for their demon- stration, Who can tell the of this heart, which had for all time gone out in its noble, ‘weaning remain wateh the chemst and suggest to him such as further the case in which they were now so much and deeply interested. It might be well to stop the thread of my narrative here to inquire whether or not Xi ntlemen—as they are reputed to be lowers of Him who ht us to do unto others as we would have them dv unto ve NOt a little further in this matter than calm, sober up- right acemaats would dictate, leaving out the ques- tien “ that Christian spirit which should Tave characterized their action. They first bold a sud rosa invenasion: upon the remaius of General without the Bathory of the law, aad that led to the arrest the pe oner, ey are then found gathered generous toit by its sacred tm- pulses all who knew its wi hen the fact was Known to ber that pent in devotion to religious duty and ministering to the happiness of others, she was judged by them as the most fear- ful demon that had ever contammated society. Even those who bad shared her bounty and par. taken of her generous neeutally. turned their back: upon her and declared they knew ner not. The mass that had been pleased toknow her Row dwindled down toa few kind hearts, the number of which could be counted upon the fingers ot hertwohands. These sat her each day, giving to her breaking hears such support a8 was in Uheir power, mocking idle crowd about witn their kind attentions, Mrs. Eliza B, Chubb, of Washington, an intimate to" oF the Wharton’ was friend ana associate 5 the first witness placed upon the stand. Her testi- mony was simply to the effect that she had pur- chased tarter emetic—with which it was alleged General Ketchum had been potsoned—for ‘tite. Wharton, and that she had seen it USED AS A PLASTER upon her bi reast. Dr. P. O. Williams, General Ketchum’s attending physician, of have had to speak to wi refer again, followed her. Hoe hat on Monday he found General Ketchum nau- seated, with a weak and feébie pulse; that he had given him creosote and lime .water, and then left him: that on Tuesday, when he saw him again, which was early in the morning, Gen- eral Ketchum was preparing to goto Washington, Sud thar he needed no further attendance; that on inesdav, about tem o’clock in the morning, he was called to see him, administered to him forty drops of gelseminum, and leit more of those drops, with instructions that they should be given him at one o’ciock, which instructions were obeyed. He did not return until afver one, when he found the General in a dying condition, and administered chioroform and alterwards chloral, and that the General nad finally died at filteon minutes past three o'clock ON THE 26TH OF JUNE, 1871. He further testified to the post-mortem examina- tion made after death by nimself and Proiessors Chew and Miles, in which no lesions were found that could account for the death, and that he then, With the agsistance of theseiriends, took out the stomach and took itto Dr. Aiken {or analysis, for red purpose of ascertaining what was the cause of He was followed by Professors Chew and Miles, who testified simply to the making of the post-mor- tem examination and the finding of no lesions thar could account for death. Professor Aiken, the man who performed tne analysis upon the stomach of General Ketchum, was next called. He told, with a show of importance, ali the facts that he had ob- tained upon the analysis of the stomach. He declared that the tests used had convinced him of the presence of antimony; but when asked by the defence if he had the metal to proauce to the Court he said be had not. It was then pain- fully evident that @ grave error had been committed, because it was well known to all science that if antimony had been pent in the stomach of Generai Ketchum, that from the quantity which Dr. Alken said that he believed present, he could have peaeee @ ball of metal half the size of apea, As it Was, HE HAD NOTHING TO SHOW as the results of his investigation except that he had been ‘satisiied in his own mind” that poison had been present This did not prove satisfactory either to the authorities or the public, and the press began a criticism upon his acts and operations thie astoundea Alken and awakened the prosecution to the fact that the very foun- dation of its case was giving way before the defence bad said @ word. The entire scientific World gave vent to its disgust at tae bungling oper- ations of this old chap, whase principal chemical operations, since the celebrawtd Schoeppe Stinneche case, has been poisoning his neighbors’ dogs for ex- periments sake and testing samples of herb bitters aud { -rod whiskey. Schoeppe lies in jail and has for months, now fast | ening into years, at Car- lisle, under sentence of death upon this man’s tes- timony, but has been prevented from being hung by the united voice of the medical and chemical world asserting tat Aiken’s testimony was worth- Jess and that his own reagents had produced the poison he stated he found. Here was another case where his criminal negligence or ignorance had put another life in jeopardy, and the great popular heart outside Baitimore and Annapolis poured out its indignation in such a degree as to call atrention Vo its mutterings. He was followed by Dr. Donaldson, of Baltimore, who entered into @ medico-legal discussion ot the case upon a hypothetical question, embracing the symptoms of General Ketcoum, which occupied nearly two days in its delivery. Mrs. Hutton was also put upon the stand, who merely testified to the deatnbed scenes of General Ketcnam, and her testimony was corroborated by Der sister, Mrs. Loney, Mr. Loney, Mr, Hutton aud Mr. Snowdon, ali of whom wore either sisters-in-law or brothers-in-law. of Mr. Van Ness, whom Mrs. Wharton is CHARGED WITH AITEMPTING TO POISON, and upon which charge she is yet to be tried. No fact was Introduced by them tending to show the guilt of Mrs. Wharton, and their entire evidence ‘was more in the nature of knowing luoks and vivid coloring of circumstances that happened at Mrs. ‘Wharton’s house, tnat are the everyday occurrences of social life, than amy evidence tending to establish guilt, Marshal Frey, of the police of Baltimore city, tes- tiled to the fact of the arrestjof Mrs. Wharton, and Paymaster General Brice, brother-in-law of General Ketchum, Charles 8. Ketchum and James D. Ketchum, his sons, related a conversation had with Mrs, Wharton in relation to the note of $2,600 due from her to their father, during which she asserted she had paid it, which fact, with all the circum- stances surrounding it, appeared in my letter of the 18th, published in the BERALD of the 16th. Dr, Aiken is the chemist of an aged and now de- crepid medical institution in Baluumore known as the Maryland University, of which Dr. P. ©. Wil- liams, General Ketchum’s attending physictan, 1s a graduate, and Drs, Chew and Miles, nis friends, professors, and 1t was in that mstitution that all the sorrow that has been brought to Mrs, Wharton and her household was born, nourished and raised, tirst taking root in the haste and assumption of | power by Dr, Williams and culminating in the ignorance or stupidity of the old | chap Aiken who wade the analysis, When the | criticisms upon Dr. Aiken's analysis were made this stitution, or, rather, its offspring and profes- sors, seemed to regard them as assaults upon them- selves, and at once conceived the idea that it was necessary to hang Mrs. Whartun to sustain them- selves or their Alma Mater. As they had taken the matter of instigating the inquiry for poison without authority into their own hands, so must they sus- tain the results of their chemist. For a time they were sorely troubled and much distressed—indeed, Dr. Williams was nearly frantic. He and his as- sistants had found poison, or so asserted, and actu- ally originated and furthered the proceedings against the prisoner, appeared as prosecuting wit- nesses, furpishing neariy the entire medical testi- mony for the State, and for a time it was apparent that the case was peing, trled not as the State of Maryland against Mrs, Wharton, but as Dr. Wil- Mams and THR MARYLAND UNIVERSITY AGAINST HER, As the case on the pari of the State was drawing to a close they became exceedingly nervous, and, although Dr, Williams had devoted , himself assid u- ously to the case each day, it was to them painfully evident that unless something was done they would be ruined and Mrs, Wharton acquitted. The idea | was finaily conceived of a second analysis, and Dr, | Williams, armed with a letter from Mr. Knott, Stave | Attorney of Baltimore city, leit Annapolis on Savur- day evening, December 15, accompanied by Drs. Chew and Miles, for a visit to tne last resting piace of the dead General to get from his already mangled remains the matter for anew analysis, They arrived there and for hours instituted an eager searca for General Brice ; but they failed to dnd nia, and ata late our repaired to a hotel to rest. Tne early dawn of the morntng found them up and doing. It was the holy Suobath aay when, the thoughts and actions of all men beat In sabdi resignation tothe hallowed associations that jong to it, and when devoted Christian spirits linger around the altars of devotion, But the spirit of Christian charity seemed not todwell in the hearts of these physicians, and at an early hour Wil- hams and Chew were on their way to the cemetery where the remains of the deceased General were in- terred. There they arrived im due time, and, en- gaging the help of the sexton, re-exnumed the body, and as the Lid of the coffin 1s removed the scene 18 one that beggars description. It was qaite early morning, and the solemn stiiiness in the “city of the dead’? was only broken by the | Dr. E trial, adding their influence and evidence the unfortunate prisoner, If they had here there would not have ‘been the Seite to be presented now demand full and thoughtful investigation, but they did not do so, Forgetting the Christian spirit that snould actuate its rep oF at least one im, a] ‘upon the scons each and every not only as wi but as anxious prosecutors, of tne gulls the prisoaet, and endeavoring, In every le, to Oring about her convict! not before the Court, but in the public d. aisHE aan ey oko Se bome t vol of the Court ad te Sse Ta SE aa ven an account of their unheard of actions Hy were steeled inst the influences of gencrostiy toward an unfortunate lady, whose jortu! now lay at their doors demanaing to be red! Even the decent respect that every man should teel for one of the opposite sex was iy thems entirely ignored, and she was pursued with & ma- lignity that should not belong even to the tess civil- ized of our race. Fearful will be the odium that will come to their acts when the fevered mind becomes calmed by the influences of that will follow her acqi neart will go out in indignant denuncauon of the Indecent part they have played in this feartul drama, And it may not siop here. No amount of favorable public opinion that will follew her acquittal can wipe out the terrivle out rage done this lady. Long and weary months of prison confinement has she undei that has Dlasted her whole life and that of her lot child, who has watened over her ‘confinement. @ devotion that nas rarely been equalled in the his tory of the world, as the price of her friendly ofer- ings to ungratetul recipients. lt is a matter for deep and earnest regret that Dr. Williams and his confréres have placed themselves in the position 1m which they are found to-day. The great sorrow that has come to this lady and her happy household was brought to her by Dr. Williams, and, ever since it was first born in him, he has nourished it with anenergy tor which he may never be able to ac- count to an unblassed public. He first laid che ine formation against her household that was born of an uncertainty in his mind as to tne death,of a man he treated and fostered and reared in the 1g- norance and stupidity of those he called about him, It was a fearful mistake, and brought a lile’s ser- Tow to an innocent woman and a once joyous and happy child; and if, when he found tt so, ne had sought to retract what he had done he might ave been met with a granted forgiveness; but, as it ts, he has pursued the mistake he made with great EFF RTS TO BOLSTER IT UP, nd has added much to the unhappiness of this lady ever since she has been on trial. ‘fhe partisanship feelings betrayed by these medi- cal prosecutors contaminated the whole atmosphere that surrounded this lady. Nearly the whole au- dience that gathered each day around this un- fortunate prisoner were from the first the most ardent believers in her desperate guilt, and they seemed to pant for her life without even allowing her the poor eee, of being heardin her de fence. Even these feelings were said to CONTAMINATE THE COURT, and a chief representative was heard to declare in open public that “the evidence was enough to her;” nor did the evidences of partisanship with public declarations. They were from the moment attached to every phase of this important trial. Step by step they became more Laan | until they dnally made the proceedings a farce, the trial a disgrace aud @ mockery of justice, ‘The investigation continued, and finally the new chemist, whose aid had been invoked to find anti- mony, seeearet upon the stand and testified to what he haa been doimg. He HAD FOUND NO POISON, but was prepared to proceed with further investiga- tions with some proofs that it did exist, And then came the strangest feature of all—the prosecution rising in their places and stopping tne trial, after all had been said and done that could possibly be pre- sented, and asking time for this new chemist to produce new evidence. Of course the delence ob- Jected, and in their places urged the illegality of une roceeding and the most unprecedented of actions; ut the Court ruled that wnile it was not a matter of well-settled legality, that they regarded it as @ mat- ter of justice, and ulrected the Court be adjourned to give time for further investigation. ‘The time was had; young Tonry appeared upon the stand and gave & very scuolarly disquisition upon the means employed by him to develop poison, but produced no facts that were suficient to convince au impar- tlal mind that he had found the poison which be was so urgently directed to search for. With his evidence the State closed its case, alter twenty days of assiduous labor, around which nad gathered the moat unjust ana illegitimate influences that ever Clustered around a criminal prosecution in this country. Attnis time the public mind had become convinced more certain than ever that Mrs. Wharton was guilty of the crimes whereof she stood charged. And the mad public clamored for her execution, and declared that she was not Worthy to be heard in defence, THE MAGNIFICENT DEFENCE. On the twenty-first day of the trial her defenders arose to @ fearful task. They placed npon the stand Professor R, M. McCulloch, whose unques- tioned ability in ois’ profession made him i an important witness. He showed how utterly fallacious were the results of Professor Aiken and the more res) bie He was followed prosecuting: witness, Dr. Tonry. y Professors Genth and J. J. Reese, of Philadel) two of the most able chemists in this land, both whom declared in the fullest and freest manner tneir decided belief that Professors Aiken aud Tonry’s anulysis amounted to nothing; and the whole onem- ical World arose in Its strength, stated through the ublic press their decided coluci tence with the opin- jons of Professors McUullocn, Reese and Genth; so that within a very few days ‘a(ter the defence had commenced its case the very corner-stone of the foundauon of the prosecution had been washed from under ft, and its iramework was tottling to the ground, | Then came upon the stand ward Warner, whose able and elo- quent testimony was pubiished in the HERALD at the time, and dissected each symptom of General Ketchum’s, presented in all tne evidegce adduced before the prosecution, to show the possibility of a doubt that General Ketchum had not been poisoned. No sooner, then, his testumony been spread broadcast over the land than the great medical heart of the country—abie, learned and scientific representatives of 1 in every part of the land—sige nified in the most emphauc manner that his CONCLUSIONS WERE INCONTROVERTIBLE, and, without question, were the true facts in the case, So, at the end of this testimony, we have @ complete demolition of the fabric of medical evi- dence woven around the unfortunate prisoner by Dr. Williams and his confréeres. To show this feeling among medical men of high rank { present the ollowing extracts from a letier of Dr. Fordyce Barker, of New York, @ man Whose medical post- tion 1s pre-eminently high:— A PHYSICIAN'S OPINION. 85 MADISON AVENUE, New Yors, Jan, 5, 1873. T have read the testimony as published pith grok care, and have repeatedly expressed the opinion that the evidence, to my mina, was conclusive that General Ketchum did not'die from poisoning by antimony, minum, chioral or soy other known Tonle agent, bul from 1 he died Spinal meningitis, I have said this only to wits whom 1 have ate: my professional friends, cussed the onse, = * * J therefore have read with Arrest tutereat the remarkably able and clear r. &. Warren, as given In the HERALD of to-day. 1 feel quite confident that his views are sound, and that the ablest men in the profession ev: p erywnere who carefully, style the case as will, cotnet should, perhaps, add that I do oot know s single person, who in any way connected with this trial, and that my opinion reference solely to the medical aspects of the case, EVIDENCE AGAINST CIRCUMSTANCES. Then came the evidence to wipe away the strange and suspicious circumstances which hung around the Case of tne prisoner. The two servants, Ellen Deddrick and vid Aunt Susan Jacobs, who had been the ruling spirits of the domestic affairs of the prisoner’s household for years, were placed upon the stand. The former told of put little, save some peculiarities of the dead General that drove her Trom the care of his room; but the latter told much that was of deep and abiding Interest. She it that had prepared and carried to him all that he had eaten, and had smoothed the pillow of his dying bed. It was to her that he had told nearly all that he had sald during his whole sickn INTERVIEW WITH THE COLORRD SERVANT. 1 saw her after sbe had left the stand, and sought her simpie story unrestrained by the technical rules whistling of the winter’s wind through the leafless trees and the echoing of tne dis- tant belis as iney were chiming their morping Calis, Not a step save their own trod the sacred precincts and the stillness was terribly painiul, scarcely an audible word was spoken, and even the haif-suppressed conversation gave back an echo that grated pee, upon te sacred silence that gathered about them. For Many moments Williams and Chew pored over the mutllated remains of the dead General to extract such parts of the bo as were left from the two ema peccemen that had led thisone. At length they had reached the point desired, and, taking out the abdominal orgs placed them in a Jor and hurriedly lel} tae and revolting of evidence, Isaid to ner—‘Aunty, you have lived with Mrs, Wharton's family a ay oa I believe 7” “Yes, houey; I has mn there ne ieee I staid with them when Mister Harry and de old Colonel were living. “What did you do about the honse?’’ “1 was cook and had charge of the whole house. bra 4 all had to come to Susan when dey wanted any- “You waited ‘upon General Ketchum, did you not, wine a none am 1 always ‘watted upon all de le sick In'that house. Susen could tage care of them better than any one else.” “Lqyould Luke ta kmoW gil about te General’s Uk