The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-09
MRS. WHARTON.
A Day of Legal fitting in the
Annapolis Court.
EXperimentum Crucis of De-
tending Counsel.
THE STATE AUTHORITIES.

The Bill of Exceptions Taken Under Advise.
ment by the Judges.
Hg ANNAPOLIS. Nd, Jan. 8, 10 g.
At half-past nine o'clock this morning Judges
Miller Hammond ana Hayden took their seats ON
the bench, and, after the formalities OF opening.
the trial of Mrs. Wharton was resumed. Mrs.
Wharton was accompanied by her arm friend.
Mrs. Nelson. and her devoted daughter, Nellie.
The LADIES were provided with chairs within the
bar and Immediately behind Mrs. Wharton's coun-
Sci. Messrs. Hagner, Thomas and Stump, Jr. As
heretofore the ladies wore wells, which quite con-
cealed their features, so that no signs
OF emotion could be detected as the prose-
cution argued their side or the defence
raised exceptions and presented motions and
demurrers which In their opinion were calculated
to relieve Mrs. Wharton nom the painful situation
In which she Is placed. The lawyers on both sides
were well provided with legal books to fortify
their arguments, and personally and professionally
presented formidable array The general public
seem to have been more interested than during
the former two days. The attendance In the court
room was more than doubled, many ladies being
present; and although the proceedings were
merely tits, which to the outsiders were naturally
not calculated to satisfy curiosity, yet there was
but little shifting about, or going or coming.
~ THE CITATION OF AUTHORITIES
and reading of sections Of statutes made up about
all the doings Of the day, fling documents being
the alternates. Attorney General Syester was
suffering from so severe cold that he was not ex
pected to be present. but in pursuance Of his duty
he was in his place to support States Attorney,
Revell. The debate was opened by Mrs. Whart0n's
attorneys fling bill OF exceptions to the ruling
Of the Court refusing to quash the indictment
ON the ground OF its containing charges OF distinct
and separate felonies The motion to quas h was
argued yesterday and disalowed, the Chief Judge,
Miller, remarkinR this morning that the Bench had
no hesitation In denying the motion. for an appeal
this stage or the proceedings Mr.. J. hewitt Steele
who so ably defended Mrs. Wharton in her former
trial, entered and was soon In consultation with
Messrs. Hagner and Thomas.
The Court read and considered
THE BILL OF EXCEPTIONS,
and, after inQuiring whether its terms were salts
factory to the counsel Tor the State and being an
swered affirmatvely, ordered 1t on file, and argu-
ment on the terms and diction Of the Indictment
which lasted till the rising of the Court was begun
by Mr.. Thomas, of the defence. He said that, ia
addition to exceptions already presented, he de-
and twelfth counts of the indictment, and would
demur to them on the ground of dupllclty, and
asked the quashing OF those two counts. He spoke
about an hour, quoting ANONYMOUSLY to show that
il, as he ascribed, the statement OF the crime in
those counts was indefinite and only charged by
implication, they could not be sustained. nor
should the court allow them to be passed upon
Attorney General Syester replied, and declared
that the indictment should be construed by its own
terms, and not be measured by the constructions
OF the attorney for the defence. The motion to
quash the accounts was considered by the learned
Judges and
1T WAS OvERRULED.
The question OF the election by the prosecution
as to which particular count in the Indictment, or
particular act alleged to have been committed.
they would 60 before the jury, was then brought
forward. British and Maryland volumes OF prece.
dents and rule were extensively read and debated
tine defence arguing that by allowing each sepa-
rate act to be considered In connection with the
one allegation of attempt to poison would lead to
justice and equity be allOwedP
THE PROSECUTION
cOItended that they could not be compelled to
make q selection, but had determined to stand
upon their right to go to trial on this indictment
Se ~ toe Teco 70 d;ra ~ the eaom hv
the prosecution, referred the matter to the
Appellate Court, which disposition the defence
accepted. After handing In the various papers, mo-
tions and demurrers under the appeal,
MIR. HAGNER MADE ANOTHER MOVE.
MRS. wharton that the counsel for the defence
were making these motions and exceptions but
the learned gentlemen associated with him agreed
in the course, because they believed that injustice
was being done their client, and by challenging the
correctness of the indictment she might be pro-
OF the law. He then expatiated on the degree Of
crime alleged to have been committed, and OBJ
jected to the indictment that 1t only by mplica-
ton and not directly charged. In an elaborate ad-
dress he gave his views In support OF his position
that the trial should not proceed under the present
He was followed by Mr. Stump in the same strain
and by Messrs. Revell and Syester in rebuttal.
Mr.. Thomas Of the defence occupied the re-
mainder OF the session OF the Court in support Of
the stand taken by his colleagues and submitted
to the consideration OF the Judges that the charge
was not completed Illegal act. Admitting, for the
sake OF argument, that the allegation was true all
that was charged being allowed. the act was
inchOate and could not be sustained, for 1t had
stopped short OF actual administering,
THE POINT TO BIZ JUDlCIALLY DEcIDED.
the point raised would be taken into consdera-
ton, and the decision OF the Bench be announced
in the morning before an adjournment was had.
AN EXPLANATION FROM MR.. STEELE.
Mr.. j. hewitt Steele desired an opportunity to
make a personal explanation to the Court, and,
Counsel for Mrs. wharton in her former trial. and
having withdrawn, he wished 1t understood that it
was with the utmost reluctance that he had taken
that step. In the previous trial he was in feeble
health, and 1t was only by the courtesy and con-
sderaton OF the honorable judges that he had been
able to bring It to conclusion. IL was not that he
now felt any less confidence In her case that his
regard and confidence had suffered diminution that
he was not now actively engaged IN her behalf, put
OF her entire innocence. Sick or well he would
have been engaged at the present time In her
wharton's counsel, and were altogether compe-
tent to conduct her case to Just conclusion, and
he felt sure that no injurious inference 10 ner cause
would dwell In the mind OF any one from his with
drawal from the case.
vt THE JUDGES THEN ROSE,
and Mrs. Wharton and her daughter left the room,
followed by the eager gaze OF the spectators, VINO
had loitered behind to see them pass out. They
are domiciled with the family OF Judge WEIGH,
brother OF the gentleman who entertained them on
the occasion of their former trial.
Through all the discussion which employed the
time to-day the Judges exerted themselves to
hasten the proceedings to the empanement OF the
jury, which will probably be accomplished to-
morrow.
BOARD OF PUBLIC INSTRUCTION.
Josiah h. Nollard Elected as the New