stated, “had a taste like peach leaves."[19] Directly after this he had an attack similar to, but much more violent than, that of the day before.  Some little time after this, whilst in a condition of profound relaxation, he took some brandy, and at once emptied his stomach by a single spasmodic effort of vomiting, with immediate relief.  The weather was extremely hot during the whole time in which the various attacks here narrated took place.

On the 24th of June, Mr. Van Ness rose at 5 A.M., but was forced to return to bed by a severe headache.  At 9 A.M., after dressing, he said to his wife that he would not eat at home, but would stop at Mrs. Wharton’s on his way to the office, to get a cup of her “nice black tea.”  A piece of toast was all he ate before his return to Mrs. Wharton’s from the banking-house at 4 P.M.  Mrs. Wharton then offered him some lager beer, and, partly at his own suggestion, put into it something out of a bottle labeled “Gentian Bitters.”  He found the liquid so bitter that he took but a part of it.[20]

Shortly afterward Mr. Van Ness became partially blind, and was “seized with the same feeling of giddiness” as on the day before.  After this he had convulsions, with unconsciousness, for which large doses of chloroform and chloral were given.  During the attack the patient repeatedly said it was of the same character as the preceding ones, and referred the trouble to the pit of the stomach and to indigestion.

The next morning (Sunday), about an hour after waking, he took some tea and toast, and in ten minutes was seized with nausea, followed by heartburn and retching, which lasted all day.  On Monday morning some beef tea—­two-thirds of a cupful—­was given him, and in less than an hour as much more, which induced nausea with heartburn.  In the evening he was roused, and more beef tea offered him, which he refused because the last dose had made him sick, and he was afraid this would have the same effect.  He was, however, prevailed on to take it.  After this he fell asleep, but in a short time woke up with violent nausea, burning at the pit of the stomach, and finally vomiting.  Not until this occurred did he discover anything wrong with the beef tea:  as he vomited it he found it had an acrid metallic taste.[21]

The circumstantial evidence in the case did not amount to any more than, or indeed as much as, in the previous trial.  It was distinctly admitted that no motive could be found, Mr. Van Ness testifying that the relations between himself and Mrs. Wharton were most friendly; that he held four thousand dollars of her government bonds, for which she had not even a receipt; that she depended upon him for the completion of her pecuniary arrangements for a contemplated trip to Europe; or, in other words, that she had nothing to gain and much to lose by his death, and that there was no conceivable emotional motive, such as hate, revenge or envy.[22]