Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-01-30
CLOSE OF THE WHARTON TRIAL.

CLOSE OF THE WHARTON TRIAL.
The great Wharton trial, after occupying
the attention of the Court q. Annapolis for
forty>two. days. aud exhausting alike the
judges who sat upon the case, the counsel.
and the jury, has finally been brought 20 a
close. At about 10 O'Clock "Wednesday morn
ing, after and absence of nineteen hours, the
jury brought in a verdict of acquittal. For
some time, says the Baltimore Gazette. the
opinion hadbeen prevalent that the jury would
fail to agree. Strong as the circumstantial
evidencesmay ave appeared to many minds,
there were also strong reasons for doubt as to
the actual cause of death, and as the Jury had
no option, could come to no compromise, but
was compelled, under instruction from the
Court, to render a verdict Of mot guilty." OF.
equity of murder in the iirgt deree, !" scarce.
any one supposed that the prisoner would be
convicted. That she was acquitted is not as
tonishine, for although several of the jury
may have at first been inclined to render a
different verdict, still the fact that a majority
of their peers, who. like themselves. were
sworn TO render impartial justice. were con-
scientiously and determinedly opposed to cons
viction under the evidence. could not fail to
have great weight in so grave a matter upon
which the life or death of a fellow being de
pended.
The trial has been one, of the most remark-
able on record. and must necessarily occupy
hereafter a prominent place among the causes
celebyes of American Jurisprudence. The cir
cumstantial evidence brought forward in.sup
port of the indictment was not only strong
itself, but carried with it a greater influence
by reason of the high social standing, and the
unimpeachable character of the wituesses.-
But the prosecution broke down on the chem.
ical testimony. When Professor Akin left
the stand, and the battle of experts began, SO
much of doubt WIS imported into the case
that long before the trial ended, the opinion
became quite general that the jury would at
least fail to agree. The preparation. on the
part of the State in this case was certainly
not all that it might have been, and although
in the mind Of Professor Akin himself a Ger
tainty is a mathematical conclusion, sin which
there can be no degrees" yet in the minds of
both public and jury it was considered by no
means satisfactory to learn that although the
problem of tarter emitic had been once solved
there were no means left of solving it over
again. AT a late hour in the trial the prose.
cution undertook what it should have done in
the beginning. 1t was evident to the plain.
est Intelligence that if tartar emetic was in
the stomach. and had not been absorbed into
the system, it could not have been the cause
OF death, and yet no effort was made for u
long time to show that any had been so alb
sorbed When effective researches were made
by Professor Tonry. his results were disputed
again by other ex perts, aud the chief result
OF the medical testimony was to show that ex
perts, like counsel, insensibly often become
personally interested in the development of a
point, and end by adopting as convictions
what in the commencent were only theories.
Whatever the profession may think, it is
very evident now that the public does not re-
gard medicine at all IN the light of an exact
scienc. The discussions which have arisen
will not, however, end here. 1t is probable
that they will be pursued by the profession
for some time in medical works. Indeed. it is
stated that already one or two papers are be-
ing prepared by prominent physicians on the
symptoms of death as manifested. in General
ketchum's case, and their probable causes.