The New York herald., 1871-12-16
WHARTON -KRTOHDM. |
.~~~>>~~~~~-~~~~~~~e~~~~
chief Justice Miller's EXple :,
nations.
The Son Of the De- d General
on the s. and,
his Business Conversation with
-. che Accused.
-->~~~~~~>~~~o>>~-~~~~~
vrs; Nharten DlsavOws Her Indebtedness
and He Produces Documentary Evil
dencc, Examines, His Fathers
Papers, Sc, to Prove
She Was Wrsng.
She Claims $4,000 In Bonds ---8eheyes
the GsaeraI's Mind Was Blurred.
legal Wrsngling to Shut Out the
Books and, Papers.
ANNfroLIs, Ma, Dec. Is, 1s7l.

oN >-J "pSASe
ANN fPoLIs, Mo-, Dec 10. 1871.
Interest IN the case ,of Mrs. e G. wharton now
IN tsial here rcr thes murder OF General W. Scott
kescnum, seems to beon the increase, instead OF
sseesiAg. The 1engh of the trial does not seem
to have the leaH effect upon the audiences.
and each day the crowd Of strangers
seems to be fully AS great as upon the
preceding oays. This morning, although it was
mowing viclen;fy, the court room was crowded,
eyen before thcihour arrived for the Court 10 meet
large namber OF lssaies beng among the number.
A few moments before ton O'Clock The prisoner ana
0er daughter, accompanied as usual by their
tlends camet IA and took their usual pOe
sitons benind the counsel for the defence.
At precisely ten O'Clock Chief Justice Miller
AMI both the, associate Justices came In and took
thetrs eats sand the crer announced that the Court
wasi sesslonyfor the eleventh Days proceeding In
he' case. The counsel for the defence and
prosecution were ali IN their places, and
General rrice on hand taking a prom
tuent Part III prompting the prosecution.
saE CASE OF MR.. VAN NESS NOT TO BE TRIED WITH
THIS ONE
II was expected by all that Mr. Steele would re-
new tne argument this morning against the admis-
'yibihty Of Mr.. Van Ness' testimony but the Court
TAD hardly organized when Chief Justice
Miller sald:-"1he question under consider
alton when adjournment was bad last
evening has received the attention OF the Court
~ Q former period OF this trial, and portion
o. the question passed upon, and has since that
time been much considered by the Court Two
Arguments, for both prosecution and defence have
been made, and 1t s thought by the
Court that no further argument could change
Ne opinion arrived at by the Court,
And, therefore, opinion wll be briefly
slated without listening to further discussion. The
ger eral rule Of evidence is very clear-that you
cannot give in evidence other offences than that at
tissue. There are some general exceptions to this
rule but they are not applicable to this case. II
0e case were one In which the facts OF
NE commission OF another offence could be
saOwn the pending Of an Indictment for
that offence would make no difference l. would
NOT In this case be necessary either prove guilty
knOwledge, for tartar emerc is well known to be
t0eAdly poison when given IN large doses. But
Sefore the circumstances attending the distinct
0nence can be shown II must first be proved that
General Ke,chum partook Of the same food
sr drink tnat which anected the parties
10 the other offences. and TO connect
the prisoner with some control over the poison so
administered. The English cases cited to sustain
the admissaoiitv OF the evidence sought be intro
suced do not In our judgment, cover the ground
and It Is the opinion OF the Court thar as 1t is not
sontended by the State that General Ketchum par.
took or the same food or drink as Mr.. Van Ness the
svdence as TO the sickness or symptoms Of Mr.. Van
Ness is not evidence In this case.
PIE ATTORNEY GENERAL MAKING ANOTHER MOVE.
Attorney General syester then prepared the fol-
lowing question, which the counsel for defence
sRreed to submit to the Court for decision
without argument:-''T State offers now TO
Introduce evidence to snow that while the
deceased lay langushing In the prisoners house
certain articles OF iood and drnk-to wit
milk and beef tea-were taken 10 the house; that
when taken there these articles were free from all
noAlous or poisonous qualites that alter they had
been there Snort time In the house, and In places
where the prisoner had knowledge Of them. these
same articles were found to be imprcgnated with
poison as far as that fact can be shown by the
sastc OF the poison ana the symptoms
OF those affected BY IT; and further tnat the symp.
toms OF those who had occasion to make use or the
milk and beef tea indicated the presence OF tartar
emeiic-n
Chief Justice MnLER-A part Of this offer comes
within the ruling OF the Court. You may show the
presence OF tartar emetc IN the house. but unless
you snow thai General Ketchum partook OF the
taking It,
that General Ketchum partook ofit
ekNERAL KETCnUG's SON ON THE WITNESS STAND.
e oerk o ea 1S ssnea al
yeang srs man Ace Apparently about twenty eight
call, stepped forward to the Clerks desk. took the
oath anu occupied the witness stand. He seemed
much embarrassed and gave his testimony IN q sub.
dued tone OF voice, at times scarcely audible. He
sestifed as follows:-l reside in Georgetown.
Scott Ketcnum; I have known Mrs. wharton
for twenty years; remember The day
perfectly well; l next my father on Friday,
June the Both; ne was tncn dead; saw Mrs. Whar-
instcn; my Sroiher and myeef "sp went II to Mrs.
CnuDps' house in response 10 tele-
Wha
hrst met her she began TO sympathize with us at
she loss oIour Iather ana said sne mad also elt his
while talking with US her eyes were nlled Win
MRS. WHARTON TALKING BUSINESS
Alter talking while she said she regretted very
much 10 talk upon business matters so soon alter
Sor % ia'nsr' S death but necessity compelled her to
ny father tnat she was going to- to leave cav S'fsn Bal
etler of credit as she was going to Europe leaving
what time sne gave the bonds 10 my father; she
replied, about eighteen months ago;' she
oonds, and that they were to be sold by MIN
ADD the money invested 10 ten-forty coupon FIVE
1,se, per cent ssr bonds asked neT II Iater mad
asked her II she had any witnesses to the trans.
action; ,a% and she sad, Non tod her that at the
sos her, as there bad been 90 admins:
Ms'9r sns ,a,,d appointed, and could not be until
Dsothef nor myself could touch cent or the money
lnm .nas .ine she replied thar would not DO. as
sue must leave BAtlflOre OIL Saturday. and must
nave lhe bonds 70 make her letter OF credit, told
ncf 10 accompany me 70 Inc once OF General Br1ce
ana perhaps he could nix the matter: she cfhl.
eented 10 20 without hesitation
JHE OTHER SIDE OF THE ouRsgroN.
then asked her II she would be offended at nv \
t&lklpg business matters with her: snc said she
would not; ltOld her that my father's books and
papers showed that she was indented 70 him 70 the
amount Of 5000 she replied that she had paid
tnat w ~ Two insalp1ents that on July H. 1870 she
mad paid s., 800 and Sl30 interest and on January IL
1871, she pal The remaining ST. 80 aud 500 interest
on the l,3OO for six months, and mac nv father
Dad noted Oh The back OF the note these payments
teat ne lad entered $I3) as having Desn received as
interest on ihe last jDslameni, instead OF 800: she
sa Ceneia that - not right, only i65 s dus as IN.
'eSea On the III 800 Tor six months instead o. $I30
NAL ~ acknowledged the mistake, csossed