The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1872-02-01

"A i ; IL UDlO ~ AlO Il l.,
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prolonged trial just concluded, and the court
and jurors were undoubtedly much fatigued
the State would not interpose any objection
to the postponement Of the case or its con
tinuance to the next term. Still, as the pris-
oner was entitled to speedy trial, if it was
desired, he was ready to perform his duty in
| the case 1t was bailable offense The
regular business of the January term had al.
ready been deferred to the present time-tht
trial of the case might occupy several weeks
he would, therefore, leave it to the court
to decide whether the case should be contin
ued to the April term or postponed to any
particular time.
| Mr.. Steele said the defense was quite anx.
ious for speedy trial of the case, but the
counsel are much exhausted, and perhaps the
court and jury The court had probably
other arrangements requiring its attention
and although they were DESTROYS to lay the
case before jury at the earliest moment,
they would not press the trial. The offens sc
charged was a misdemeanor, which was bail
able, and as Mrs. Wharton was a stranger
ueIc, Ac Hupeu tut UOuIt MUulu TX GAc Dali at
low amount
Judge Miller said the constitution requir-
| ed the court to hold an intermediate session,
which was fixed for the third Monday of JAM
| uary. The court had rescinded rule of
court, and postponed its session, in coDse-
quence Of this trial. to the third Monday in
February. Although the constitution pre-
scribes speedy trial, it must be taken in
connection with the other business of the
lcourt. There would not be time to try the
case before the next intermediate term.-
The next jury term commences on the
third Monday Of April, and he would direct
the clerk to continue the case to the next
term. The ofense charged is bailable, add he
would take the prisoners own recngnizance
in 5000, with two suretes in $4,000 each,
Or one surety in $4,000.
ADMITTED TO BAIL AND RELEASED,
Mrs Wharton then advanced to the clerks
desk and was recognized by the clerk in S.
600 for her appearances at the April term
Miss Nellie Wharton and Mr. Crawford
Nelson next advanced to the clerks desk
and entered as sureties in $1,000 EACH The
court then discharged the jury finally, and
directed the clerk to adjourn the court from
day to day until further ordered The spec
tators, who had waited patiently to see the
end of all the proceedings, then slowly left the
court room.
THE OBSERVED OF ALL OBSERVERS.
As usual the spectators, or a portion of
them, which included some ladies', formed
double file on each sside Of the passage and
pavement to the sidewalk, and awaited the
appearance of Mrs. Wharton and her daugh-
ter, who had to encounter their eager gaze on
leaving the court house. As Mrs. Wharton
entered her carriage, a voice exclaimed
"There she goes for the last time"
HOW THE JURY STOOD.
It is understood that the jury voted four
times with the same result-eight for acquit-
Messrs. James A. Bruce, John H. Sellman,
Benjamin R. Davidson and George NJ. Tay-
lor. The jurors for the acquital were Frank
lin Deale, Stephen Beard, Lloyd Brown, G.
] Johnson, Jr., Charles G. Stewart. r. W.
Sheckles, Geo. W. Watkins and Robert H
Welsh. The members Of the jury, after be-.
ing discharged, were invited by the Sheriff
to visit the jail Several of them accepted
the invitation, and were introduced to Mrs
Wharton and daughter.
Mrs. Wharton will remove to the house
Of a friend in Annapolis for a few days, when
she will decide either to remain their until
her trial in April next, or take up her resi-
dence in the meantime with her friends in
Pennsylvania.
COST OF TRIAL.
The trial of the case from its commence
ment to its close has been conducted with
marked ability, equally in the matter of evil
dence and argument. The State has been
represented by Attorney General Syester and
States Attorney, Revell, who stand promin-
ent in the profession as able and skillful at
torneys while the prisoner was defended by
gentlemen who have few superiors at the bar
The cost of the trial, it is stated will be about
$4,000. The jurors in the case made ap
plication to the court for double the amount
Of the regular per diem, $5, claiming that it
was usual when confined at night, but the
court said that it had no constitutional power
to allow it. The jurors generally declined to
receive the usual pay, So so per day, and
will make further efforts to procure it in
some other way. The pay of the jury at IS
per day for So days, will be $3.50 each, or
So, 100 for the whole Of them.
REVIEW OF THE CASE.
The trial of Mrs. Wharton for the MUIR
der Of General Ketchum has been the most
memorable event Of the kind in this State for
thirty or thirty-fve years. No trial has clio
tied SO much public interest since the blue
Ratchet case of Stewart, or the later and bru-
tai tragedy for which Adam Horn was hang
ed. 1t is now one mouth, two weeks and
five days since Mrs. Wharton's trial began
in Annapolis. She was arranged in the Cir
cult Court for Anne Arundel County, De-
cember 4th, 1871, having been indicted in
Baltimore. August 4th, 1871.
Mrs. Wharton was detained under arrest
in her own house, on the 10th of July last,
and six days afterwards the grand jury hav-
ing made formal presentment, she was con-
veyed to the Baltimore city Jail, where she
remained until the first Of December last.
when she was removed to Annapolis Jail. She
has therefore been in duress over six months,
though her imprisonment, owing to the de-
votion of her daughter and the consideration
of her eustodians, has been deprived of much
of the dreary discomfort ordinarily expert