The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-10

CLUTCH1Na THE KNorTY POINTS.
Notion to Compel the Defence to
Challenge the Jurors First.
An Important Witness the Innocent
Cause Of Forensic Squabbling.

U0n the meulcai colleges call III OF Mrs. Ellen u.
Wharton for the alleged attempt to poison Eugene
Van Ness. The wind blew softly and warm from
the southwark and q raw Spring day followed.
AZ halfpast nine O'Clock Mrs. Wharton. accom-
panied by her daughter, Nellie Mrs. Nelson and
Miss Nelson alighted from carriage at the en-
trance to the Court House grounds, where she was
met BY Judge Weloh who offered his arm and
escorted her to her accustomed seat, near her
lawyers within the rail. DR.. Williams was not
about. or, II present, kept quiet in the out
skirts Of the crowd, an unusual thing for
him to do. He seems to think that ON his decision
and opinion hangs the criminal law Of the land
and the safety Of the citizens, and is said to be
lentless against the poor lady whose wealth has all
been absorbed and health undermined by the trials
TO which she has been subject AT the table OF the
Maryland Hotel he talks loud and fierce, ana with
desperate interest," 80 that stranger seated near by
was led to inquire whether he the States Attor
ney of the prosecuting counsel. He has repub
ushed his pamphlet issued just after the Ketchum
trial. and Is circulating it with interest," the prob
able intent being to influence public opinion
against Mrs. Wharton, but he has only his labor for
his pains.
THE sYMPATHIEs OF THE MASS OF THE PEOPLE
are already with the accused not the less that it is
generally believed that the medical colegians have
expressed hopes OF obtaining her conviction, be-
cause the former trial has only beggared her. All
Of her daughter Neie's little fortune, some fifteen
thousand dollars, has been spent in fighting the
doctors; but her attorneys have their hearts more
enlisted than their pockets In the case, and are
working with will born OF conviction against the
Vaccinations OF her accusers and the maneuvres
Of the learned counsel for the State.
ATTORNEY GENERAL sYEsTER Is RELUCTANT
PURSUER
Of his stern duty, and Mr.. States Attorney Revel
has announced himself out of patience with his
task, but their Official pride prompts them to
strenuous exertion. They are not half fierce
enough to satisfy the medical college wiseacres,
Though Iessrs. Hagner, Thomas and Stump are de-
veloptng great powers in their mastery defence,
and though motions after motions, founded In
practice and precedent and logically expressed,
are overruled their patience never days, nor do
their resources appear to be in danger Of failing.
They are arrayed against the ablest prosecutors Of
the State. States Attorney Revell has been
elected five times to the office he holds,
and were 1t not for the gravity of the occasion it
would be amusing to watch the bother they give
Aessrs. Syester and Revell, and the surprise that
meets their unexpected assaults. The prosecution
has entrenched itself in sullen, logged, persistent
resolution, and, with little endeavor at rebuttal,
throws the onus OF settlement OF vexed points on
the Court.
JUDGE MILLER MEETS EVERY EMERGENCY
injustice to the prisoner in the almost impossible
of conviction, because she has the right of
appeal and his rulings susceptible OF reversal.
This morning the proclamation Of the opening
OF Court having been made, the first thing in
order was the announcement of the Bench on the
demurrer to the indictment argued yesterday.
Judge Miller said the judges had considered the
points raised by counsel for the defence on the
terms Of the Indictment ana indenniteness Of
allegation, and were unanimous in opinion that
We're At tho law library tn yery late last night and
afterward consumed some hours talking the ques-
ton over at the hotel.
and in due form, Mrs. Wharton was called upon to
behalf. As the selection Of jury was naturally in
succession Mr.. Revcl said that he wished to sat
Se Of Of 'ns
compel the defence to challenge first, and he
wished to have decision by the Court Of Appeals
as to the question Gifts correctness; to that end
he offered as notion
State Of Maryland VS.. &. G. Wharton Indictment for
The State Of Maryland by its counsel moves the Court
20 s0msa ns Ss he SssS nsT r. sna
tigned by counsel for the prosecution.
He offered the motion that 1t might be denied
and give time and opportunity to file bill Of ex-
ceptions to its ruling, to be Incorporated in the
case before the APPELLATE court.
THE MOTION WAS DIsALLOwED
and exceptions filed. Willie the counsel for Mrs.
wharton were nconsultation concerning the next
step to be taken the peor young man, who thinks
or has been persuaded that diabolical attempt
was made to convert him into a defunct. entered
the court room and took seat beside Dr. Chew,
Professor Of Materia Medica and Chemical Medi.
cine in the University Of Maryland, Baltimore and
Ketchum case. Mr.. Van Ness, as usual, was neatly
dressed, his hair parted exactly in the centre and
his heavy mustache laid elegantly smooth with
cosmetique. He does not, am told like to be
looked at or written about, and conducts himself
rs though he wishes the scene In which the doc
"A n
and done. The consultation between the attorneys
for the defence being concluded, Mr.; Thomas an
pensable that one OF their witnesses,
MRS. LAURA chiffon,
should be In attendance before the trial should be
fairly begun. What has passed has been merely
preliminary skirInishing-a sort Of loosening Of
legal joints for the ensuing fray. He believed that
messenger should be despatched to ascertain IL she
was, as he expected at the residence OF Judge
which the judges read the morning papers, the
good.natured clerk, Mr.. Harweod, needed;
THE LAWYERS MOVED ABOUT,
the reporters nbbled their pencils or specu-
sed ,os among themselves on the
Of spectators In the lobby OF the court
room kept up . busy num- Of conversation.
Imtnged with the throng and caught on every
nde expressions OF favorable import to Mrs.
Wharton and general agreement that she would
the imputaticns Of crime, and herself. freed from
further molestation by the school OF physicians,
whose HnuJtleCOCk sne Ii, DedJen ABOUT WITH the
battledores Of scientific assumption. The messen-
ger returned with note fromAJudge Mason to Mr.
Thomas, announcing that the lady In question was
not at his house, but that she is In Richmond.
Hereupon Mr. Thomas announced that the defence
had decided TO call for
CONTINUANCE OF THE TRIAL
until the next term OF the Court, On the ground
that Mrs. Chiffon was Q material witness for them,
ard 1t would be greatly to the prejudice OF their
Giant TO allow the trial to proceed with
on her presence ana testimony being as
eured by her appearance before the examina-
tion OF witnesses was entered upon. He explained
that the lady was In Baltimore IN December and
had been informed OF the importance attached to
the evidence she could give, and had been sum-