The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-11
Appearance and Reception Of
Mrs. Wharton i'm Court.
Fifth Day of the Trial ana Only
Five Jurors Sworn.
Judicial Decisions as to the Opin-
ions Jurors May Entertain.
MRS. WAARTON'S ANXIETY FOR VERDICT

made rule in the event of the non-arrival Of the
missing witnesses for the defence this morning, 1t
was unanimously decided that the matter would
go over. Witnesses from great distance bright
tined up wonderfully at the prospect OF spending
Sunday at home and
AT PEACE WITH THE DREADFUL LOOMING PROF.
PECT
OF being obliged to give evidence in open Court,
almost altogether cleared from their horizon. 1t
was not = sagaci0us motion Of the defence that
created the emergency, as the sequel has
shown. Mrs. Chiffon has not arrived and the
trial goes on without regard to the hitch in the
proceedings. 1t is understood that Mrs. Chiffon
promised and fully intended to be in Annapolis
last Tuesday, but Judge Mason of this city, whose
cousin she is, telegraphed her at Richmond. Va,
that she would not be needed before Friday and in
all probability the trial would not reach the
stage at which she was to testify under week from
that time, so she did not come. When the ingenuity
ofcounseh had been exhausted In testing the validity
OF the Indictment and preliminary steps of the
prosecution the non-appearance OF Mrs. Chiffon
came to the FORE and Judge Mason, in a state Of
almost ludicrous excitement, made such explana-
tiOn as he could, and did everything in his power
to have
THE CONTINUANCE TILL. NEXT TERM SET ASIDE
In favor OF simple adjournment from day to day.
alleging his belief that he could have the lady here
this morning. TO that end kilograms were sent to
Richmond and elsewhere to secure her presence at
Court to-day. II counsel for defence had insisted
on continuance or refused to agree with the State
in clearing the records Of the entry as ordered
by the Judges we should already have heard the
last OF the Wharton case for it never would have
come TO trial. But Mrs. Wharton desires some
thing more than mere escape from the imprison
ment the Medical College is trying to force her
into She must be vindcated; her good name
must be
FREED FROM THE MPUTATIONs OF CRIME
so literally bestowed; she must be heard and her
innocence as widely proclaimed as the charges
brought against her have been, and though the
result leaves her penniless 1t will not be barren
victory, for 1t spares that which Is dearer to her
than tortune-a spotless reputation. She there
fore deprecates the advantage which guilty per-
would have seized with avidity to go unwhipped
OF justice and her wishes prevailed with her attOr-
neys The able gentlemen who appear for the
State, Messrs Attorney General Syester and States
Attorney Revel, would have seized with avdity
the chance to let her CO. The able gentlemen who
represent the State would have been personally
delighted had no steps been taken to dissolve the
order of continuance, for they
WOULD HAVE BEEN RELIEVED OF DIsAGREEABLE
TASK.
Had the case gone over it would, like all pro-
tracted trials, been regarded an acknowledg.
ment on the part OF the State as weak and un-
certain prosecution, and the prosecuting attorneys
could not, consistently, have called the up for
certain defeat. As it is they take no stock in the
hopes of the Medical College that she will be con-
victed, and know well enough that if convicted
the Court of Appeals would reverse the
verdict half dozen times on half
q dozen exceptions taken by counsel for defence
The impression that the trial had for the time
ended gained such ground that only half dozen
people, having nowhere else to go, struggled with
shtless gait into the Court House at half past nine
TO admit Of an active mans being crbbed in the
confines of a court room, unless imperative neces-
sty chained him down. Some OF the court officers
themselves made slow haste to their duties and
fingered in the sunshine till long after the hour set
for opening; SO
when the old crer made his proclamation, from the
on, yesl to God to save the good State. Punctual
e e n ose M Gags drew up Ct me
accompanied by Mrs. Nelson, alghted, and Judge
Welsh was Oh hand with his arm to escort the ac-
was dressed precisely as on the preceding days.
The ladies moved quietly and quickly
by the counsel for the defence ' and Several
friends who were waiting for them. The FIRST in
gHiry was for Mrs Chiffon ana the friends Of Mrs
must naturally be little to the prejudice Of her
case that whole week had been exhausted with
lions raised by her counsel. Those learned gen.
tlemen have done naught but their duty in
MAKING MOTIONS AND FILING EXCEPTIONS
but In some minds the impression, though errone.
GUS, must be formed that the defence are procras
tinatpg IN fear OF the ISSUE and those who sympa-
thize with Mrs. Wharton were anxious that, at oil
sacrifice, the trial should go over, and thus end the
possibility OF her being convicted. The advice that
her counsel should stand firm for continuance did
not prevail Notwithstanding the apparent preju-
dice to her from delay, and when the Judge d.
rccted the calling OF the Jury 1t was understood that
Inn frtn shnn Un n n ma
the continuance would be made by the defence
after formal opening. Judge Miller asked Mr.
and was answered that the train coming down the
junction and due nearly an hour before, had not
that happened to the down express, which had run
OF the track few miles this side OF Baltimore.
When the train was announced to have arrived,
messengers were despatched to Judge Mason and
to the Maryland Hotel, to ascertain
WHETHER OR NOT MRS. Chiffon HAD COME,
and on finding that she had not, the counsel for
Mrs Wharton held consultation, which resulted
In Mr.. Thomas rising to inform the Court that they
aa to ASK for the ns sS
Wharton desired them to have the case pushed as
rapidly as possible, and rather than have the i'm
the trial OF they would try the case without Mrs.
Chiltor. We trusted she would be In the way
aeo neE 81 tSI coming om t 1
prosecution both sides were asked II they were
ready to proceed, and both answered ready The
Court then directed that
THE SELECTION OF THE JURY
should he begun. The first name called was Theo
Common, In response to which we-dressed, sub
stantiai and intelligent-loOking citizen stood up.
The defence requested tnat the jurors be put to
personal tests, In compliance with which the
cofr dire was ordered. Mr.. Conner was lnterro-
gated BY Judge Miller
o. Have you formed or expressed an opinion con-
corning the guilt or innocence OF the prisoner
A. have. +
O. Do you entertain It nows A. lido.
u. From what or upon what was that opinion
formcdS A. Hearing people talk about the case
and from reading the newspapers.
q. Is this opinion such as would prevent you
from giving an Impartial verdict between the state
and the prisoner when you hear the testimony de-
livcred by the witness and from the standy A. l
am afraid 1t IL.
lie set aside for cause. The same questions In
the same order were put TO eacA succeeding Juror
ne came forward TO be sworn. Thomas H.
Hodges was called, and as he had formed no opinion
was declared competent Juror. lie was passed.