The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-14
Great Number Of Witnesses Speak
ing in Behalf Of the Accused.
THE DEFENCE CLOSED.
The Emperor" Professor Smith, Adding
to the States TestimOny-Cerebro
Spinal Meningitis Little
Known to Him.
A LEGAL TOURNA ME N T..


The second act In the fearful tragedy now being
enacted in this city closed at half past eleven O'CLOCK
to-day, and the curtain has arisen upon the third
When the end Will be reached 1t Is not safe to
predict Physicians and chemists have been sum-
moned by the State to refute the theories OF
the defence and bolster up the patchwork
or Aiken and Toury, and IT. percnance new matter
should De developed in the rebutting testimony, 1t
viii be within the discretion OF the Court 10 give
the defence further hearing sense OF relief
was experienced on all sides when Mr. Steele made
the formal announcement that the case on the part
OF the defence was closed, and the Court in con-
alteration thereof and TO give the counsel for the
Btate an opportunity for consultation, gave the jury
recess OF minutes just double the time usually
allotted them. The jury seized with avidity upon
the pr0Yered holiday, and made for the court yard
with the eagerness OF school children at play time.
The court room was crowded to-day as usual, and
the ladies came not as single spies but IN bat
taiiOns. Very pretty batlalions they were
the neatest and auntiest Of uniforms-and the idea
ever and anon suggested itself that the Court
House would always be the better lor the pre-
sence and influence Of the gentler sex. What
VIII they do when the Wharton trial Is over and
they are compelled TO resume the humdrum, une-
ventu life which they have heretofore led IN tlls
old, OLD town, with Its very old ways and stereo-
typed traditions. 1t Is to DO hoped that no smOul.
dor1ng aspirations will be aroused in their young
bos0ms to emulate upon their future husbands the
act OF which Mrs. Wharton is accused.
The event Of the day was the arrival Of Professor
n. r. Smith, the sold Emperor" as his Students
loved to call him. lie came down by the train, and
entered the court room at halfpast ten O'Clock. He
was warmly received by all who knew MIN, and
there was few in that large assemDlage but knew
and greeted MS features as those Of an old
nn0nn md frinnd nr Sn1Ifh vUno nm
moned by the State to testify with refer.
ence to the hypothetical case, embracing the
symptoms OF General Ketcnum, which has so often
been menuoned during the progress Of the trial.
Though man not only OF national but worldwide
reputation as surgeon, and deservedly 80, 1t must
be borne In MIND that Tor many years ne was the
head and front oil the Maryland Univer.
Uiyy, since which time 1t has sadly degen-
Grated, and was for q long time considered
BY many its only STRENGTH and out OF this uni
versity have sprung the prosecutors OF the untortu
nate lady now on trial. They appeared In force to-
day In the Court room, Drs Williams and Chew
sitting together and manilestng great interest and
scarcely suppressed excitement, particularly when
the discussion was in progress as to the admls-
sioility OF Dr. Smiths testimony. The Mary
land University has always been pet OF
the DOCTORS and many Of his greatest riumphs were
achieved while occupying chair as one Of that
faculty. The public must therefore remember the
influences at work with MN and the Likelihood
OF his anxiety TO shield the OF that faculty,
though nobody VINO knows Professor smith would
ever Tor moment imagine that he would
knowingly allow himself to be swayed by
either side in the controversy. BY the
testimony Of DIR. Smith, DR.. Williams still appears
O. the ever actlve ana viglant prosecutor OF THIS
unfortunate lady. AS no accompanied tue State
Attorney oil Baltimore city to mis- Oce on last Mon
dues MT know winch, handed him the n.y.
potnetlcal case to examine. lie cannlt but
think tins al exaggerated interest tor lhy stefan
70 display IN case where q poor woman Is
charged Win murder upon the finslest OF cIrcum-
stantial evidence. IT savors rather much OF per-
sOnal malice Another feature Of the trial to-day
was the offer by the defence oil Two ietlers-one
from General Harry He'll, formerly Of the United
STATES Army, but subsequently OF the Confederate
Army, anu the other from y. A. FIney, formerly
Surgeon General vi the United STATES Army. Inc
letters Will appear IN tneir proper place.
The Court met as usual Ut ten O'Clock, with all the
Judges on the bench. Mrs. Wharton drove up In
her state coach, TO which an Improvement mas Deen
made by me Introduction of a white driver at the
box Sne proocedeu TO the seat allotted her IN the
rear OF ner counsel, aud was s0On surrounded ny
TESTIMONY OF II. MORE WHARTON,
The testimony as to her character lot amicabl,lty
kindness anu humanity was resumed. H. More
wharton, oi Philadelphia, was sworn. He said he
was related to Mrs. Wharton, but not very nearly;
he nrst met her in tue summer OF 1850 and alter.
wards in Rhode Island: he stayed ner house very
often during That time; ner reputation beg 0nd
reproacn.
COLONEL Mayors STATEMENT.
Colonel BTanlZ Mayer was sworn. This witness
FRANCISCO; but sucn unbounded confidence did
ne nave Ia Mrs. wharton, ana sucn an appreI iauOn
ad ne feel Tor her many good quares. thai he, with
the permission OF the War Department., lmlnedl-
atey left his post upon receiving TIE summons, and
came all me way 10 Maryland 10 testify In her favor.
He and his whole family have displayed the
most conslderste Kindness and sympathy Tor
aaI he k dugns r er lie
w uich
time ne resided at BALTIMORE, nus native place; ne
was y brother Ol Charles +. Mayer ms .amly and
Mrs. Wnarton's mad been very Intimate; his rela-
lions with her had been oil very ciOse and friendly
nature, and he hat mad good opportunities Tor
humanity 1T was excelent-tn Tact, unimpeachaole.
STA EMENT or }. Q. KElGiILER
J. Z. ke1ghler Baltm0rean said lie nad known
20 her house repeatedly, and knew those VINO visited
there; her reputation was unquestiuned.
COMMANDER kERRkTrs TESTIMONY,
,, =, ~ o herie,t commando. In the navy, sta
Toned ut the United States Naval Academy, said ne
september, 1853, anu had exceenl opportunities OF
Knowing ner reputation; among those wno Knew
her well ner reputation Was as good as the ucst
DR. JAaEs O. wELLING
formerly President OF ST. John's College, An
Da College. Washington. said he had known
The prisoner five Vr six years; he met her
In wasnlngtOn; he had trends and relatives who
res,dei In Baltimore near Mrs. Wharton's hi sI
tstner.in-Iaw, Coonei Henry T. Garnett formerly OF
Virginia, also his sister-ln-law. motner-n-laS and
tlmate with ner; her reputation was very hign. lie
would stale why this rcpu ati0n was Impressed on
them, but was stopped by the slate.
AN EMtLoYE OF THE TREASURY DEPARTMENT..
W. W. wilson. on emplOye In the Treasuary De-
partment, at Washington, SAID he had known the
prisoner Tor six seven years. he had visited ner
frequently and mad heard ner iriends-bo,n W.T.
nesses Tor the State and Tor the delence-speak Of
her In the highest terms; he mad heard Mrs. CDubb
speak u her; she stood very hi2n Tor the qualities
Of AVAILABILITY, Kindness and humanity.
THOMAS =. COLES EVIDENCE.
Thomas 4. Cole, Of Baltimore county. said ne for.
merry lived next door to Mrs. Wharton and had
known her i0r five or six years; her reputation Tor
tue aoove qualities was very good
Inc defence here offered Inc letters alluded TO
ABOVE. Tue statements OF General ueth were adj
united, subject to the agreement OF counsel, which
Is appended thereto but the letter Of o. A. Finley
ruled OUT and IN It's stead u was agreed that II
he were present he would sustain The reputation