Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-02-02
-ou is She etlilty.of the .luatter wheree
he standsaindicted.. or not cuilty?'I
Foreman Franklin Ucalr. IN otguilly.


4 slight manifestation. OF applause, " liich
was instantaneously checked by tie court
and bailiifs. Every eye was fixed upon the
prisoner, who still stood calm and appa-
rently CnmOyed, but through the heavy
black Grape veil which was not displaced.
tears could be seen streaming down her
face. Otherwise there Was, 10 sign of emo
ton. Miss Nellie wept and was deeply af-
fcctcd. When Mrs. Wharton left the
prisoners box, Mr.. Steele, Mr.. Thomas and
Mr.. uagner, her counsel, each shook her
hand, with brief words of congiatulation.
Her friends present also took her hand,
expressing qualification at the result OF the
trial.
1t is understood that before agreeing the
jury stood eight for acquittal and four were
not fully determined on their verdict It
was first decided they would agree and not
go in hung jury. During the time they
were out five ballots Were taken. after
which verdict Oh mot guilty was
agreed TO.
Front it commencement to its close the
trial OF the case has been conducted with
marked ability. equally in thc matter of
evidence ana argument. The state has
been represented by AltOrncy-General Syes-
ter and States Attorney ReVcll, who stand
at the head of the profession as able and
Skiilful attorneys while the prisoner was
defended by gentlemen who have few SUI
periors at the bar. The count was COM
posed OF Judge Miller, OF tie Court of APP
peals Of the State, and chief Justice Of this
district. assisted by Judges Hayden and
Hammond, three as able iurists as sit upon
the bench OF this state. In "very respect
the trial has been impartial and ably con-
Quoted
There was no charge to the Jury by the
! court, the constitution OF Maryland con-
tanning provision that III criminal cases
the jury shall be Judges Of tine law as well
as the facts.
Before adiourning, it was understood Ec-
tween the court and counsel that the trial
OF Mrs. Wharton Oh the indictment for thc
attempt to poisson Mr.. Van Ness would
come off at the REGULAR term at III" court in
April.
Previous to the entry Of The jury in tie
courtroom, Chief Justice Miller admOniSlI-
ed the audience that no manifestations Of
approval or dsapproyal would be permitted
on the rendering Of the verdict. After the
jury had entered and taken their seats Tor
q few minutes a stiffness and silence as
solemn as ever witnessed at Il dcath-hcd
scene peivaded the room. Mrs. Wharton
was standing i'll the prisoners box. with
Mr.. Crawford Nelson at her side, and by
, them stood Miss Nellie Wharton with Mr..
Thomas. one Of the counsel
Mir. Steele asked that the Court fix the
bail for her appearance i'll that case, with
due consideration to the circumstances ot
Mrs Wharton. The court fixed the bail at
$1,000 on Mrs. NVhartOnS personal rccO~-
nizance. and $4,000 equal of two securities.
Mrs. Wharton then recognized her recogni-
zance, and Mr.. j. Crawford Nelson and
Miss Nellie Wharton became security in
5000 each. The cOuIt then adjourned.
Mrs. Wharton left The room leaning on the
arm Of Mr.. Thomas. Mrs. Wharton will
remain a few days at Annapolis, at the
/ house of friend.
During the trial 3G Witnesses were sum
mOned by the State, and 81 sworn. Fol
the defence 4. were summoned. and ii
, sworn. The cost OF he trial i about SIG
00O.
The following is Il list Of the jury, with
their ages and occupations: i. Franklin
Dcale. (fOreman) tttv-nine farmer: Lloyd
4 Brown, fifty sin. farmer: Stephen Beard,
titty-seVen. farmer: James y. Bruce, sixty.
farmer: DR.. u. Il. Davidson. tWonty-siN.
farmer and doctor: George Johnson, Jr.
thirty, printer: john Ii. Selman thirty
four, farmer and lawyer Err. ". Shecll-
ell, twenty-eight, farmer: G.. {. Stewart
fifty-threc, farmer; George NJ. Taylcr, .1r.,
twcnty->jN. telegraph operator George w.
Watkins, t0rty-siN, merchant. and X. III.
Wclcll. heavyweight, farmers.
III" jury was one Of the best ever en-
einparn~lIed in Anne Arundel county.