The New York herald., 1871-12-17
The Deceased Never Meddled
with Drugs.
Hrs. Chubbs, the Deaf Man and the
Tartar Emetic.
The Baltimore Ladies Delighted with the
Lore Of the Lawyers.

40y'S proceedings IN Tue case OF MIS-. Es u. Wn0r-
ton. now on trial here for the murder Of General
w. Scott Ketchum, was commenced. The
large crowd that were usually In wait
ing for the arrival Of the hour OF COM
mencement had dwlndled down to barely q
hundred persons, very few OF whom were ladies.
The jury were absent from the box, and The general
surroundings OF the room indicated that something
Was going on in which the general public had little
Or NO interest At a few moments before ten O'Clock
she three Judges came in and took their seats A
moment after Mrs. wharton came In. leaning
upsn the arm OF the Sheriff, and accom-
panied by her devoted daughter and kind
A7ends, Mrs. and MISS Nelson, Mrs. Nugent and
AisA stump, and took their seats near the counsel
for the prisoner. Both .he prisoner and her daugh
Tor shook hands with the counsel for the defence and
ohatted cheerrully with them, until they were
interrupted by the gavcl OF chief Justice
Miller, which fell at precisely ten O'Clock, and the
cr1er opened the Court in due form. There
were present at this time within the bar several
gentlemen OF legal and social prominence who were
Interested in the legal contest that to take
place this morning between the counsel upon the
admissibiiity evidence Of the books and pap ers
Of General Ketcnum, which had driven the general
attendants upon tails trial from the Court room this
morning.
THE COUNSEL FIGHTING FURIOUsLy.
Miller directed the attorneys proceed with the ar.
gument. At ten minutes after ten MIR. Thomas, for
the defence, took up the argument against the ad-
missbllity OF the books, and occupied thirty live
minutes In It's consideration lie was followed by
Mr. Revell, for the prosecution who maintained
the competency OF the evidence In an able argument
q about twenty minutes duration.
Chief Justice MILLER-Before the attorney Gene
Sal and Mr. steele begin their arguments the court
would like ask them to deal with this view OF the
case. IL Is undoubtedly competent for the State in
criminal cases. to show that the accused made state
nents, and then prove them false Now, as far as
she Indebtedness OF Mrs. Wharton Is concern
ID, and her statements, admissions ana de-
clarations that she mad liquidated it, and
her further statement that when the last
payment was made by her General Ketcnum en-
dorsed on the note $780, and she had him correct is
by making the endorsement $685. may be contra
6icted; and 1t has occurred TO the Court whether
This entry in the diary OF $3.50 may not be admitted
70 contradict her statement that SOS only was paid
u that time account OF interest The Court
weuld like to hear some argument upon that ques-
ton.
Attorney General SYEsTER then resumed the
Argument dealing largely with that phase Of the
case suggested by Judge Miller, and closed most
lercible review OF the authorities bearing upon the
AAmissbllity or the evidence sought to be intro
nuced at Ave minutes to one O'Clock
Mr.. STEELE followed the Attorney General In q
forcible argument against the admissibllny OF the
evidence, closing at ten minutes to three O'Clock,
and the question ut taken by the Court for
consideration and decision.
THE DEAD GENERALS BOOKS AND PAPERS.
Chief Justice MILLER-In the decision Of this qucs-
uon 1t Is our duty to act simply as Judges and to
decide the admssioiliry or admissiblity OF the
evidence Itself. without speaking Of its weight or
bearing upon the case further than is necessary In
giving our CONCLUSIONS Therefore we prefer
% state the result OF our views rather
the authorities which have been cited Tnis is the
case OF the State OF Maryland against the prisoner
% and IN IL entries made by q third party have been
that such entries are not admissible, unless they
are against the interest OF the party making them
or were made IN the course OF Oical duty, or an
agent Tor a principal. The only entries here offered
that can be regarded as purportlng to be against
interest SO far as that entry IS evidence or the
receipt OF that money we would say, "ies, II was
against the interest of General Ketchum;" but IL Is
coupled with assertion that 1t is offered prove
that an Indebtedness OF Mrs. Wharton to General
Ketchum existed, and in that view we are clear
that 1t Is not such entry would allow 1t to be
admitted as evidence IN this case. We, therefore,
decide that the profered testimony Is nadmlssablc
The jury was then sent for and soon arrived, and
the court room was again filled with anxious spec
tators AS soon as all were IN readiness Chief JUS
examination OF Mr. Keichum."
Attorney General SYsrER-we have some otter
them on the STA nd now, and Continue the examna S.
ton OF Mr. Ketchum on Monday.
Mr. STE ELH-We nave no objection.
GENERAL KErCHuM's LAST BARGAIN.
MI. Eugene Carus, Attorney-at-Law, Washington.
was then called. lie testified tnat General Ketchum
bought, for $ll,900, q house in Washington,
which he sold, as trustee, by authority.
Of the Supreme Court or the district OF Columbia,
came to Baltimore to see Mrs. Wharton by cneck
on tho First National Bank OF Washington. He
ant was developed.
TESTIMONY OF DR. NORRIS.
Dr. Basil Norris was the next witness called. he
testiAed-I have resided Ia washington since
February 1868; have been q surgeon In the
army SINCE 1852, and ! am physician;
acquainted with the late General ketcnum;
knew him from about February, 1868; was called to
treat him In 1866; after that met him from time
three Tunes his general health was very good; do
not remember when last saw him, but by my
O0ss S0 the s Of 'ns May s as 'Gl
scrtption LOT a slight sore throat; u was
composed Of nalf drachm Of cnlorate OF potassa.
ono ounce OF bitter wine OF iron, three ounces OF
water and half an ounce OF puverzed sugar; at the
time made that prescription for him named the
SAID TO him that he could IT instead
Of garge and might swallow II all
ruary he also consulted me, complaining OF pain
In his right wrist; treated 1t as rheumatic a1ec-
ton, ana prescribed for him odide OF potassium IN
compound syrup OF sarsaparilla, one teaspounlul
three times day, on the theory that the odide OF
potassium would stimulate tile absorbents and pro-
mote the secretlons OF the glandu!ar system; the,
sarsaparilla was gwen more as vehicle TO convey
the iodide OF potassium than for anything
else; the General had the prescription renewed
on the 2Sd Of February. and called on me
again ON the 80 OF March; when he called to have
she prescription renewed met him, aud he d esred
70 know II the medicine could have made him sick;
after some conversation with him ordered the
iodine to be reduced one hall, with the same dose,
and ordered the prescription 70 be written on the
laDel. tho prescription was renewed on
March IA, March z3, April and AprA 20;
he did not alludc TO any rheuNAtic
symptoms when he called on the tth OF May; can
say that ne had not the habit OF tampering win
drugs.
Chief Justice MILLEB-Dfd you ever hear him ex-
press dlsapprova OF the use OF drugsf
WJTNEss--I never heard him express an opinion
aboui drugs IN genera or Ia particular; met Gen
eraI ketchum freQnently
The witness was then handed over for crossex-
animation and during It's pendency a sharp argu-
ment occurred between the attorneys, which was
conducted With considerable feeling.
nuQ A STORM.