Williams's first testimony
was concluded, that the case would fail. When Professor Aiken's
examination was concluded it was beyond recovery. All efforts to
secure a conviction after that were a waste of time and money. The
case could have been safely for the defendant given to the jury on the
testimony of the prosecution alone. If I had been sitting as a judge
in the case, I would have instructed the jury at the close of the case
for the State, if there had been no other testimony, that the evidence
would not warrant a conviction. And I would have set aside the verdict
if the jury had found the defendant guilty. I do not know the lady
who was so wantonly charged with this crime, and I do not know of any
case in the annals of criminal jurisprudence which, from the evidence
submitted in the case, had so baseless a foundation for so grave a
charge."]
[Footnote 19: It is proper to state that Miss Wharton, in his
presence, partook of the same claret, but perceived nothing peculiar
either in its taste, as she told him at the time, or in its effects
upon her afterward. According to Miss Wharton's testimony, Mrs.
Wharton actually drank the claret left in the glass of Mr. Van Ness
directly after he left the room.]
[Footnote 20: This bottle was found in the house after the arrest of
Mrs.
Pages:
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217