The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-01-26

VA ANoS NV
Scene I'm COurt--The Van Ness Case
Continued.-sars. Wharton Dailed I'm
Sle,0O0--Her Release from Custody.
Reported for the Baltimore Sun.
ANNAPOLIS, January "a, 1872.
FoRTY-TIIIRD DAY.
In the Circuit Court for Anne Arundel
county. before Judges Miller, Hayden, and
Hammond, the trial of Mrs. Wharton for the
murder Of General Ketchum was this morn
ing closed by verdict Of not guilty. The
jury, after the case had been given to them
yesterday, remained out all night, being I'M
| able to agree upon a verdict. They passed
the night In the courtroom, using the benches
and tables for touches. Early this morning
They were still divided. Breakfast was fur
nished them in the jury-room, and about 10
o'clock they sent word to the court that they
had
AGREED UPON A VERDICT.
The news soon spread through the town,
| and before the arrival Of the judges the court
room was nearly filled. Notwithstanding the
| cold, there was quite a number of ladies
present. The judges soon arrived. Mrs.
Wharton appeared with her daughter and
the friends who have usually attended her,
and the room was soon densely filled. The
character Of the verdict having become gene
| rally known, there was no particular interest
felt except to hear it announced. At 1920
the court sent for the jury, who entered, look
ing somewhat fatigucd. Mrs. Wharton took
her seat
IN THE PRISONERS BOX.
Previous to the entry of the jury in the
courtroom, Chief Judge Miller adnlonished
the audience that no manifestations of ap-
proval or disapproval would be permitted on
the rendering of the verdict. After the jury
had entered and taken their seats for few
moments solemn silence pcrvadcd the room.
Mrs. Wharton was standing in the prisoners
box, with Mr.. Crawford Nelson at her side,
and by them stood Miss Nellie Wharton, with
Mr. Thomas, one of the counsel.
THE VERDICT.
The oppressive silence was broken by the
calling of the jury by the clerk and their an
swering. Colonel Harwood, clerk, then
said: "Gcntlemen Of the jury, arc you
agreed upon your vcrdict?" There was q
nod OF. assent by the jurors.
Clerk: "Who shall answer for you?" A
juror answered, "Our foreman"
Mrs. Wharton was then directed to stand
up and raise her right hand.
Clerk: "Gentlelnen of the jury, look upon
the prisoner at the bar. How say you-is
she guilty of the matter whereof she stands
indicted or not guilty."
Foreman (Fanklin Deale) "Not guilty"
As the foreman answered there was slight
manifestation Of applause, which was in
Simultaneously checked.
CONTEMPLATING TUE PRISONER.
Every eye was fixed upon the prisoner,
Mrs. Wharton returned to her seat within
the bar, where she was congratulated by her
counsel and friends. A whispered CONVEX
Sation became general throughout the room.
Mrs. Wharton appeared calm and "a notion
less as ever. Mrs. Nelson placed her hand
kcrchief to her eyes, and Miss Nellie con-
ycrscd in an animated way With her friend
Miss Nelson. The court then discharged
the talcsmcn on the special.jury panel.
TIE VAN NESS CASE.
Judge Miller asked the counsel what they
proposed to do with the next case on the
docket, No. s. This was the indictment of
Mrs. Wharton for assaulting and attempting
to poison Mr.. Eugene Van Ness.
The States attorney, Mr.. Reyell, said as
the counsel were much exhausted with the
prolonged trial just concluded, and the court
lHu Nt1C luutu
the State would not intcrposc any objection
10 the postponcment Of the case or its con-
;inuance to the next term. Still, as the prl-
>oncT was entitled to speedy trial, if it was
desired, he was ready to perform his duty in
the case. 1t was baiablc offence. The
regular business Of the january term had
already been deferred to the present time
the trial Of this case might occupy several
wecks-he would therefore leave it to the
court to decide whether the case should be
continued to the April term or postponed to
my particular time.
Mr.. Steele said the defence 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 prol,a-
bly, other engagements requiring its attention,
md although they were DESTROYS to lay the
case before q Jury at the earliest moment they
would not press the trial. The offence
charged was misdcmeanor, which was bail
able, and us Mrs. Wharton was stranger
here inc hoped the court would liz the bail at
low amount. !"
Judge Miller said the Constitution required
the court to hold an intermediate session,
which was fixed for the third Monday of JAN
ualy. The court had ressindcd rule OF
court and postponed its session in conse-
1ucnce of this trial to the third Monday in
February. Although the Constitution pre-
scribes speedy trial, it must be taken in con-
nccton with the other business of the court.
There would not be time to try the case be-
| fore the next intermediate term. The next
Jury term commences on the third Monday OF
April, and he would direct the clerk to con-
tinue the case to the next term. The offence
charged is bailable, and he would tike the pri-
soner's own recognizance i'll $4,000, with
two suctics in $500 each, or one surety in
| $1,000.
ADMITTED TO BAIL AND RELEASED.
Mrs. Wharton then advanced to the clerks
| desk and was recognized by the clerk in
$1,000 for her appearance at the April term.
Miss Nellie Wharton and Mr.. Crawford Neil
son next advanced to the clerks desk and
entered MS securities in $500 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 courtroom.
| TIE OBSERVED OF ALL OBSERVERS.
As usual the spectators, or portion OF
them, which included some ladies, formed q
doublc-file on each side of the passage and
pavement to the Sidewalk, and awaited the