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6
THE WHARTON TRIAL.
Benaine of the Evidence in the Case-
History of the Wharton and Ketchum
Families -The Antopsy on the Body
of Gen. Kentchum—Wnat is Thought
of Dr. Aiken’s Chemical Analysis.
[From the New York Herald.]
Annapolis, Md., January 13, 1872.
On the 10th day of July last the peo
ple of the city of Baltimore, and, indeed,
the whole country, were startled with
the announcement that Mrs. Ellen O.
Wharton, a lady moving in the highest
circles of refined and educated society in
that city, had been arrested upon the
charge of murdering General W. Scott
Ketchum by poison, and the attempt to
murder Mr. Eugene Van Ness, her con
fidential business agent. At first the
statement was received as a wild rumor
and few people gave it heed ; for her
position and standing in society was of
the highest, and she had always been
conspicuous in charitable works, and
was known as a devoted Christian mem
ber of the Episcopal Church, and was
the very last person likely to commit
crime ; but an inquiry of the authorities
developed the fact that it was true that
she had been arrested upon bench war
rants issued by Judge Gilmor, of the
Criminal Court, and was
A PRISONER AT HER OWN HOUSE.
Not a single fact in relation to the arrest
could be obtained, however, from the
authorities, and the friends of the ac
cused lady were equally retioent in re
garu to it and thecauses that operated to
ring it about. As soon as Mrs. Whar
ton was arrested she sent for her coun
sel, Mr, J. Nevitt Hteele, and J. H.
Thomas, who, on the 12th of July, held
a consultation with Judge Gilmor and
Mr. Pinkney, Deputy State’s Attorney,
at which it was determined that the
whole matter should be referred to the
Grand Jury on the following Saturday,
the 15th of July, and that instead of ad
mitting her to bail she should remain a
prisoner at her own residence until that
time. From the moment the arrest was
announced,
THE HOST INTENSE EXCITEMENT
prevailed among all classes of society,
and the least rumor in regard to the
matter was magnified as often as related.
The most unnatural stories were set
attoat by the idle gossip of pretentious
people, which were caught up by the
daily newspaper press of the city, and,
in the absence of facts, framed into
plausible stories, to whioh wero added
the theories of their own excited im
aginations, adorned with flashy head
lines and given to the excited people,
who gulped them down as truth. Du
ring the week that intervened between
the arrest and the meeting of the Grand
Jury the immediate public were in a
state of feverish excitement, greatly
augmented by the reticence of those
who know the facts but would not relato
them, and tlio press were even unable to
gain a word of authentic information in
relation to the alleged crimes, and, to
supply the public appetite for news in
regard to the arrest and its causes, they
continued to print every wild rumor
that could be caught up upon the street,
no matter by whom uttered. These
tales generally emanated from that class
of society whoso untutored brains for
bid their appreciation of the situation of
a refined and intelligent lady, consoious
of her own innocence, oharged with
THE TERRIBLE CRIME OF MURDER,
and were of a character that freighted
the public mind with prejudice against
the unfortunate prisoner.
Saturday, the 15tli of July, came, and
with it the meeting of the Grand Jury ;
but the general publio were by thiß time
believers in her guilt, while those cir
cles of society that had known her to
honor the association were equally con
vinced of her entire innocence of the
charges alleged against her. Two in
dictments were, however, found against
her—one for the murder of General
Ketchum and the other for the attempt
to murder Eugene Van Ness ; and on
Monday, the 17th of July, she left her
luxurious home and the association of
cultivated friends for
THE COMMON JAIL OF BALTIMORE CITY,
accompanied by her only child, a beau
tiful young girl, named Nellie, leaving
to the care of her servants the once hap
py household. No sooner had the in
dictments been found and the prisoner
removed to prison than strenuous ef
forts were made to get some statement
from her or her friends, or counsel, in
relation to the case, but not a word
could be obtained. She had not invok
ed aid before, and would not court
sympathy now. Her friends were also
indisposed to say a word, and indig
nantly denied her guilt. The city press,
to strengthen what they had already put
forth, then began the publication of
TIIS MOST FEARFUL STORIES,
connecting her name with the death of
any number of her relatives, and other
stories of the most sensational character
concerning her early life. Her kindest
acts were distorted into evidences of
deep-seated guilt, and a career of kind
ness and devotion and religious duty
1 was declared to be one of fearful crime.
BANNER OF THE SOUTH AND PLANTERS’ JOURNAL.
These tales were taken up by the press
of the country and spread uncontradicted
broadcast over the land. For weeks
they continued, until the whole country
began to believe that the counterpart of
Imereti* Borgia or Countess Brinvillier
had been found in Baltimore. It was
even asserted that her husband and son,
who had died some months before, were
taken from earth by
THE SECRET WORKING OF POISON
taken from her hands, and a thousand
people, almost, who had been for years
the reoipi en ts of her generous hospitality,
declared with a show of sincerity that
at one time or another they had been
poisoned by her. These stories were
told and re-told, gaining in proportion
at each repetition, until at last they were
as good as truth to the hungry and ex
cited public. Days, weeks and even
months, these publications were con
tinued from timo to time, until at last
Mrs. Wharton and her cause was almost
forgotten in the busy bustle of life ; but
when they did cease she had been tried
upon this ex parte evidenoe, and, with
the general public, found fearfnllyguilty.
Even those circles of society that knew
her as an associate, and had at first pro
tested her innocence, began to be luke
warm in her defense • and, finally, under
the pressure brought to bear by those
who had started many of these wild ru
mors against her, who happened to boast
respectable and haughty commotions,
left her Cause and darkly hinted that
she might be, or probably was, guilty.
Ho that she could count almost upon the
fingers of her two hands before her trial
those of that society that honored her
in prosperity that were still her friends.
Fivo years ago the Wharton family
consisted of Colonel Henry W. Wharton,
of the United States Army ; of his wife,
now upon trial for her life; a son, Major
Henry W. Wharton, Jr., a rising young
officer of the United States Army, and a
beautiful daughter, named Nellie C.
Wharton, whom we have referred to be
fore, and of whom we shall have occa
sion to speak again.
Colonel Wharton was for many years
stationed at Baltimore city as mustering
und disbursing offioer at that poßt, and
it was under his direction and super
vision that many of the volunteers in the
late war of the rebellion were mustered
out and paid. Probably no officer of the
Government who was dver stationed at
that post enjoyed tlm respect and esteem
of the citizens of that community in n
higher degree than did Colonel Whar
ton. He was a mau of pleasing address,
line, though at times erratic, manners,
and was universally recognized as one of
the most correct and efficient officers of
the Government. He died, after quite a
lingering illness, caused from a collapse
after a season of typhoid fever, iu 1867.
His wife, Mrs; Ellen G. Wharton, who
is now a prisoner, is a native of Phila
delphia, whose maiden name was Miss
Nugent. She is a lady of large intelli
gence, engaging manners, and was a most
fitting companion for such an elegant
gentleman as Colonel Wharton was
known to be; and in society she was no
less a favorite than her husband. Her
bright intellect, her amiability, her pleas-1
ing manners, and her unbounded gener
osity, made her a favorite wherever she
was known; and we may repeat the lan
guage of a most prominent member of
Baltimore society, that “it was impossi
ble for a person to know tbe Whartons
and not love them. ”
Major Henry W. Wharton, Jr., the
son, was a fine looking young man, in
heriting, in a marked degree, the pecu
liar characteristics of his parents. He
dressed elegantly, was a whole-souled,
generous hearted gentleman ; and had it
not been for dissolute habits had a
bright future before him. He died in
April, 1870, from the ravages of a fever
brought on by debauch with some old
army friends.
Miss Nellie C. Wharton, who is an
example to all children for her constant,
kind and generous devotion to her
mother’s misfortune, is about tweuty
two years of age, and is a most beautiful,
charming girl. She has dark brown
hair, and large eyes of hazel that light
up a well-formed countenance with that
peculiar expression that adds exquisite
loveliness to its formation. Her mouth
is well formed, and about it plays a
peculiar expression that makes her most
charming m conversation. She is tall
and graceful in movement, and con
verses with a fluency that is a peculiar
characteristic of her mother. She is
intelligent, and, if we may judge from
the circle of constant friends that give
her their sympathy in this her terrible
misfortune, she is much beloved,
A HAPPY FAMILY.
Coroner Wharton, in his lifetime, with
an independence at command, always
lived as became his exalted position in
society. Upon his family he set much
store, and they, iu return for his un
bounded kindness, bestowed upon him
much of their earnest affection. Indeed,
if those who knew them well may be be
lieved, there never was a household
around which clustered in a more emi
nent degree that happiness which be
longs to loving parents surrounded with
affectionate and devoted children. Their
qome was, therefore, the abode of con
tentment and happiness, and was the
centre of attraction for ail who were for
tunate enough to number them among
their acquaintances. .Colonel Wharton
and family were fond of company, and
being able, entertained much. The in
telligence and engaging manners of his
family, which had made them universal
favorites in the army, drew around them
the elite of civil society wherever they
went. After he died, leaving behind
him some means, his family continued
to keep up the same generous hospitality
with their friends that had ever been a
marked feature of their social life, and
their home continued to attract the re
fined and educated. Among the ac
quaintances of Colonel Wharton in early
life was
GENERAL W. SCOTT KETCHUM,
a Brevet Major General of the United
States Army upon the retired list when
he died. He was appointed to the army
on July 1, 1834, and has served to the
rank of Colonel of infantry and Brevet
Major General of the United States
Army when he was retired nnd relieved
from duty at the War Department on
the 16th of December, 1870. He was a
very intimate friend of the Wharton
fumily. He had served with Colonel
Wharton when both were young officers,
and in their army career they had been
faithful and fast friends. After Colonel
Wharton's death he continued the same
intimate relations with the family that
had existed during his life. He was in
the habit of visiting them very often,
and was to them what he was to very
few people living, a warm friend and
adviser. He was a
MAN OF PECULIAR HABITS ;
Very precise in his business calculations
and of all affairs that pertais“il to life.
He was noted for his peculiarities, and
it has often been said of him that he
substituted the Army Regulations for
the Bible and a volume of tactics for a
Pravqmßook.
lie arose from his bed and left his
home upon the heights of Georgetown
on the morning of the 24th of June,
1871. He walked over to Washington,
as was his wont, to visit Judge Sherman
on I street, near Fifteenth, where he ar
rived as early as seven o’clock, having
then breakfasted. Later in the day he
had visited several friends in different
parts of the city, and was at his office
corner Nineteenth and G streets, whero
he was a clerk for Gen. Meyer, of the
Quartermaster’s Department, at nine
o’clock in the morning. Later was again
upon the streets in the pursuit of some
business transactions, in which he walked
several miles. He left Washington by
the four o’clock train for Baltimore, in
company with Mrs. Eliza B. Chubb, to
whom it was rumored
HE WAS ENGAGED TO BE MARRIED.
He reached Mrs. Wharton's house a
little after six o’clock, and partook of a
very hearty tea at a later hour. He re
tired to bed between eleven and twelve
o’clock, and iu the night was heard to
be restless, to dress himself and go down
stairs into the yard and then return to
his room, which he did not leave again
during that night. On
THE FOLLOWING MORNING, SUNDAY,
he complained of feeling quite unwell,
hut his eccentricities were such with a
good looking chambermaid at Mrs.
Wharton’s that she refused to attend up
on his room thereafter. He oomplained
of feeling unwell during a greater part
of the day on Sunday, but ate his meals
as usual. In the evening he must have
been better, for he excused himself and
went from Mrs. Wharton's to the resi
dence of a woman whom he had known
long and intimately, and iu whose com
panionship had spent
MANY QUIET HOURS OF PLEASURE.
He returned to Mrs. Wharton’s later and
was undisturbed during Sunday night,
so far as any one knows.
ON MONDAY MORNING
he arose quite early, as he had made an
appointment on the Sabbath evening
for the purpose of going to Washing
tonon the early train on Monday ; but,
finding that Mrs. Chubb was not going,
he returned to his room and reclined
upon the sofa with his clothes on. He
complained of feeling unwell to the
servant, who went to his room about
eight o’clock, who informed Mrs. Whar
ton, and she insisted upon sending for a
physician, and, contrary to his advice
and desires, did send for Dr. P. C. Wil
liams, who came and prescribed creosote
and lime water—a soothing preparation
for the coating of the stomach. Under
its influence he seemed relieved and
during the day partook of his meals as
usual, and before and after the doctor
came did not vomit more than a gill or
two.
On Monday evening so much better
was he that lie decided again to go to
Washington.
ON TUESDAY MORNING BY THE EARLY TRAIN.
Mrs. Chubb, who was to return with him,
went to his room on Tuesday morning
for the purpose of calling him, and
found him asleep ; and, when awakened,
he said that it was too late to dress him
self, but told her to go and he would
come by the next train, and dine with
her at three o'clock in the afternoon ;
later in the day he got np and reclined
upon the sofa, complaining of feeling
quite unwell. He did not, however,
vomit that day, nor even on Wednesday,
except very slightly. Quite late in the
afternoon of Tuesday he became so
much worse that it was deemed best to
send for a physician. Dr. Williams was
sebt for, but refused to attend, it hav
ing since been stated as a reason that
General Ketchum had insulted him.—
General Ketcham continued unwell, but
took light nourishment daring Tuesday,
and was .not regarded as seriously un
well until
WEDNESDAY MORNING, f
when his symptoms were of such a vio
lent character that Dr. Williams finally
attended and administered to him. He
prescribed forty drops of yellow jessa
mine every two hours in a little water,
two doses of which were given—the last
at one p. m. The first dose given revived
the General a little, but he very soon
relapsed into that state of coma that
characterized him when the doctor first
saw him that day. He afterwards ad
ministered chloroform and chloral ; but
the General breathed his last at fifteen
minutes after three o'clock on Wednes
day, the 28th of Juno.
ABOUND THE DEATH BED
there were gathered a few people, ladies
and gentlemen, who have appeared since
the trial of Mrs. Wharton began upon
the charge of compassing his death, as
witnesses in the case. Each has related
in. touching tones the agonies of the
scene and each struggle has been viewed
and set dewn as certain evidence of the
guilt of the accused. Os this evidence I
shall speak again in reviewing the trial,
and turn now from the sod death scene
to a recitation of the rumors that poison
ed the public mind against Mrs. Whar
ton in connection with this death. It is
asserted, and is no doubt true, that
General Ketchum, in the kindness of his
heart, had loaned Mrs. Wharton, some
time after her husband’s death, $2,600,
taking her note therefor, and that the
object of his visit to Baltimore on the
24th of June, during which he died, was
for the purpose of collecting this money
ere she left for Europe, as she intended
on the following 12th of July ; and it is
claimed that the motive Mrs. Wharton
had in accomplishing General Ketchum’s
death was to get possession of the $6,000
note ; and the absence of this note after
he died was regarded and used as
DAMNING EVIDENCE OF HER GUILT.
It is claimed by Mrs. Wharton and
her friends, however, that when General
Ketchum came to Baltimore, she was
not indebted to him a dollar; that al
though he held her note for $2,600, as
above stated, she had, on the 17th day
of January, 1871, at Mrs. Chubb’s house
in Washington, liquidated that obliga
tion, and had, at General Ketchum's
own suggestion,, torn the note up and
thrown the pieces of paper upon the
hearth. When this statement was made,
inquiry was made of Mrs. Chubb, who
failed to remember that Mrs. 'Wharton
had been at her house upon that day, or
had any business transactions whatever
with General Ketchum. This was re
garded as evidence of fabrication on the
part of Mrs. Wharton, and furuished
new proof, as was supposed, of her
guilt. But it since transpires, by the
evidence of Mrs. Cottnian, Mrs. Chubb’s
daughter, that Mrs. Chubb was not in
Washington on that day, and that Mrs.
Wharton did call at Mrs. Chubb’s house,
send for General Ketchum, engage in
private conversation in the parlor with
him for some time, and then leave; anil
that after he left, she (Mrs. Cottnian)
found upon the hearth pieces of paper
such as would naturally result from
A NOTE HAVING BEEN DESTROYED.
Thus it seems, if we may have belief
in circumstantial evidence, upon which
this entire case, especially in the pros
ecution, rests, that Mrs. Wharton was
not indebted to General Ketchum one
dollar; nnd another fact is, granting that
he had business transactions with her
upon this visit to Baltimore, of which
there is no evidence, it is patent, from
the fact that he intended to leave on
Monday morning, even having dressed
himself and carried his valise down
stairs for that purpose; and again, on
Tuesday, that he had finished whatever
business transactions he had, and was
about to take leave of Mrs. Wharton for
the last time ere her departure for Eu
rope on the following 12th of July, of
which he well knew. The evidence of
Mrs. Cottman was so clear and conclu
sive, as to dates and circumstances, that
there is little room to doubt now that!
the obligation that did exist had been j
liquidated, and that
SHE OWED GEN. KETCHUM NOTHING,
save a return of that friendship and
good will which he had always extended
to herself and family, anil which she
was always so ready and willing, even
anxious, to bestow upon all about her.
If it does not prove the direct fact of
payment of the note, which it does, as
far as circumstantial evidence can do so,
it substantiates the statement of Mrs. j
Wharton in the fullest degree, that she
was at Mrs. Chubb’B on the 17th of
January, 1871, the day the note was due,
and transacted business with General
Ketchum, and wipes oat entirely the im
putation that she had not told the truth
in that regard, and even raises the
strongest possible presumption nearly
as good as the fact itself that the note
was at that time paid and destroyed as
she (Mrs. Wharton) stated. Among the
many rumors circulated at the time of
Mrs. Wharton’s arrest was one connect
ing her name with the demise of her
son. It was asserted that he had had
his life insured for a large amount of
money but a short time before he died,
and that she had compassed his destruc
tion for the purpose of securing it. It
might have been that the insurance
companies, having lost so heavily by hit
death, gave latitude to this assertion ;
for it is known that it was widely and
energetically published, and operated in
a fearful degree against her.
From the best authority it is ascer
tained that there was not the slightest
foundation for the rumor, and the true
facts in relation to
HIS SICKNESS AND DEATH
could have been obtained for the asking
at any time. Not only did his entire
sickness utterly refute the allegation that
he had been poisoned, but a chemical
analysis was made of the contents of liis
stomach by Dr. Aiken, who, to the utter
astonishment of everyone, said he failed
to find poison ; for it is universally ex
pected that when he makes an analysis
evidences of poison will be the result,
for if they are not present he generally
creates them by his bungling experi
ments.
While I am on the death of young
Wharton I may give some fact that I
learned from several prominent people
iu Baltimore in relation to him and his
mother’s connection with his life. Bad
as it is, it should be told. It shows how
terribly this charge must have grated
upon her motherly heart, after all she
had done for the wayward child ’Which
she loved .as her own life, and how utter
ly void of truth it was.
Harry Wharton was a large, fine-look
ing young man, of remarkable personal
appearance and engaging manners. He
was noted for his generosity and kind
ness, and was, therefore, all the moro
liable to the contaminations of dissolute
companionship. He was, some time
prior to 1870, the disbursing officer of a
surveying expedition, operating- 'upon
the Northwestern lakes. It is stated by
those who knew him there that, while
he was a most general favorite with all
who knew him, his habits were anything
but what they should have been, lie
became very dissipated, and as a conse
! quence of evil associations, it is be
lieved,
TOOK TO GAMING,
and finally his accounts became entan
gled in the meshes of his vice and he
was about to be turned from the army
in disgrace. His mother’ learning of
this fact, gathered her little resources
together, liquidated his obligations and
procured his honorable resignation from
the service. How much he was in arrears
to the Government and what amount it
took to settle his indebtedness no one
knows, except, perhaps, his mother ;
but he was heard to remark at different
times, after having his life insured for
$40,000, that if his mother received that
amount it would not repay her for what
she had done for him.
After his resignation and return home
from the army he became full of good
resolutions to do better and contem
plated starting for the far West, but be
! fore he did so
T'KOTOSED TO GET RIS LIFE INSURED,
hall' of which to be placed in favor of his
mother and half in favor of his sister,
for fear that anything might happen to
him. His mother strenuously opposed
it, as is stated by many of their intimate
acquaintances ; but he said that he felt
iit his duty to do so, and finally, against
j her protestations, had his life insured
:as above stated. Shortly after this he
j met an old army friend anil his good
; resolutions were forgotten. He got on
! one of his sprees with this young officer
which lasted two or three weeks, at the
| end of which he was brought home sick
! and never left his bed alive.
There are other circumstances which I
have learned in this connection
TOO BAD AND SACRED FOR THE PUBLIC
EYES.
The one I have related shows how utter
ly false and groundless the assertions
were that connected this unfortunate
woman with the death of her own blood.
In this case is presented a fair illustra
tion of the foundation of the rumors
that were sent broadcast over the land in
relation to this unfortunate lady. The
kindest acts of her life were turned
against her, and the devotion of her
children was looked upon and distorted
into evidences of her criminality. In
many of the rumors which were sent
out
TO POISON THE PUBLIC MIND
there was not the least shadow of a cir
cumstance that could possibly be dis
torted by a candid mind into evidences
of guilty yet they were so termed, and
the commonest acts of- every-day life