The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-08
MRS. WHARTON.
The Alleged Murderess at
the Bar.
THE VAN NESS CASE.
Why the Previously Acquitted Lady
Has Again to Answer.
An Apology to Legal-Medico Sci
ence Necessary.
THE COURT AT ANNAPOLIS,
THE COURT AT ANNAPOLIS.
Motions to Quash the Indictment
Overruled.

ANNAPOLIS, Nd, Jan. T. 1873.
Although the trial OF Mrs. Il. G. Wharton for the
attempt to murder by poison Eugene Van Ness,
her confidential business agent, was set for yester
day, 1t was really not begun until to-day. The
Court OF course met, but there were none OF the
surroundings Of great criminal trial manifest, as
II was well understood that little or nothing was
to bc done, and such proved to be the case. mo-
ton was only made to quash the indictment, but
that was not argued and the Court adjourned until
this morning because there was not full bench.
There was this morning far different state OF
affairs The little old court room was teeming
with life and animation and we were In
the very midst Of a counterpart Of those scenes
which were being enacted here just one year
ago, which attracted the earnest attention Of the
whole country Here were the same three staid
and dgnined judges-Miller, Hammond and Hay
den-peeping out upon the scene before them over
the high desk in front Of their seats Here were
the same abundance Of law books, piled high upon
the trial table; and gathering close about It were
the same learned counsel that sat there one year
ago, and behind them the same s0rrOwstricken
woman that was then on trial for her
life, and by her side her devoted daugh-
ter, Nellie, who sat with her then, also
heavily clad In the garb OF deepest mourning.
BY their sides were the same steadfast friends.
Mrs. and Miss Nelson, and just beyond them
Drs Williams and Chew and the other medical
witnesses who had brought upon this unhappy
mother and daughter all of the terrible trouble that
had crushed their hearts and wasted their slender
fortune, that the charity of kind relatives had to
provide for their wants. Beyond and outside the
bar was the same hungry crowd, all as vindictive
as ever against this poor woman. Here also were
the witnesses that came to testify in relation
IN Mru hort octa nj
General Ketchum, nearly all of them relatives Of
Mr.. Van Ness, and beside them sat that individual,
the principal witness for the prosecution in this
CASE and whom 1t Is alleged Mrs. Wharton en-
deavored TO poison.
THE ALLEGED INTENDED VICTIM.
He is O young man OF neat appearance, rather
above the medium height, but Of slight build. He
parts his hair in the middle and wears heavy
blonde mustache. He is dressed in good taste
to-day, wearing an entire suit of dark clothes. He
Is q clerk at limited salary in the banking house
OF Alexander Brown Il Co., an aristOcratic bank
ing institution at Baltimore. he is reported to
have been, when this charge was made against
Mrs. Wharton, indignant at the suggestion
that she had attempted to poison him,
and declared himself her friend, but II
Is understood that he had been drawn
into the vortex Of public opinion in Baltimore and
Is disposed to do his best to convict her whom he
has declared to be his friend. 1t will be matter
OF SURPRISE doubt, to the readers Of the HERALD
who watched the first case against this lady that
we are in the midst OF this second trial. IL was
generally understood that when Mrs. Wharton was
acquitted OF the murder OF General Ketchum that
there never would be trial of this case; but from
the day that that trial closed the parties defeated
have endeavored to keep alive the
ANIMOsITY AGAINST THIS UNFORTUNATE LADY.
The Medical College, the ignorance or careless
ness of whose professors and licentiates was so
wildly shown not only upon that but upon the
lady, and DR.. Williams, who was the principal
witness for the prosecution In the Ketchum case,
made 1t the subject Of public lectures and articles
printed in the newspapers and medical Journals
1t Is even stated upon what authority cannot
say that those Maryland medical universities urged
the further prosecution of this lady with appa
rently great earnestness, and tended by its acts
tended greatly TO bring about this second perse-
cution upon which we are Just entering; IL may
which will be brought out as the trial progresses
| that this case would better be known as the Medi-
! cal College case above named and its professors
| against Mrs. Wharton, prosecuted ID the name OF
| the State. -
| this morning at halfpast nine O'Clock under
the most favorable circumstances for r an
o. TINS anS anti s T
a vestige Of the severe Winter weather
through which we have just passed remained; the
saGv full and T5e wers pomp
their places, looking hale and hearty and the same
memorable crier VINO for quarter OF century has
proper silence as Chief Justice Miller let fall his
gavel Mr. J. H. Thomas, Mr.. A. b. Hagner and
Mr. Harmon stump or tne en
for their opening: They were soon followed by
Attorney General Syester and Mr.. Reve, state
| Attorney for this county, who we're to conduct the
prosecution. Mr.. Syester was just up from the
trial OF Mr.. Platter for the murder OF his wife by
poison on the Eastern Shore, which accoune ted for
his non-appearance yesterday. Soon after the
counsel were seated
&ha nf InIno q
home She is now stopping. Her ",,,rter Xs yIs
followed, accompanied by .rs. and Miss Rose Neil
son, and all OF them cook seats inmedately benini
~ vi lne ae'eaacs; Seen through the darA
rude gaze Of the gathering, her features seem less
sharply defined than when she occupied the same
seat, not more than six feet in front OF me, when
trial for her fe Her step seems lighter and she
does not sit with the iieless listnessness That she
did then, but is more active and attentive TO what
goes on about her. Her friends say she Is In much
better health than then, and that the association
OF friends among the scenes OF her youth at Norris
town, Pa, during the past Summer has done hel
| MISS NELLIE,
the devoted daughter, also seems much improved
| Her dress and manners are more In keeping with
her youth, and the same look of utter desOation
that had settled down upon her lace SO severely
seemed TO nave been partially lifsed although
that had come upon her so heavily and she
showed the same evidence OF painful emotion that
the prosecution spoke harshly OF her mother.
There we're several prominent lawyers and naval
officers present within the bar this morning, and
quite number OF ladies' whose rich attire denoted
| that they were from the ranks OF Marylands best
society," were among the audience.
Mr.. steele, who was the senior counsel for Mrs.
Wharton In her trial for the murder OF General
| Ketchum, will not appear IN this cause.
| MOTION TO QUASI THE INDICTMENT.
After the usual prelimnares, Chief Justice Miller
directed the counsel to proceed with the case, and
| Mr. Hagner upon the following motion proceeded
to address the Court
State of Maryland vs. Wharton, indicted for atcmp,
| ing TO poison, ac-Ellen O. Wharton, who IL
indicted in this case by the name OF Eliza