Newspaper Page Text
THE PITTSBURG DISPATCH
PAGES 9 TO 12.
By J. Marsden Sutcliffe,
S&DHE KOMAMJE OF M
JBeiso Passages ijt the Expebiencb
BER, Formerly General Manager of
Tiis Way of Hie World.
In the summer of 1857 all England was
plunged into the wildest state of excitement
and alarm by the tidings that certain Sepoy
regiments had mutinied and our Indian em
pire was in danger. There was only one
man in England, probably, to whom that
grieyons disaster came as welcome news.
That man was Pierce "Wharton, to whom,
indeed, the national calamity offered an un
expected respite from the danger that
threatened. The th, after receiving orders
to return home, had been detained to assist
in quelling the mutiny, and "Wharton was
inclined to back out of Dr. "Westlake's plan
for raising the wind, trusting to the chances-
of war for escape, from his dilemma.
Xowndes might be shot; a hundred things
might happen to give him final release from
the hateful presence of black care which oc
cupied his waking thoughts and menaced
him in nightly visions.
But "Westlake, for reasons best known to
himself, had grown too enamored of his
plan to withdrawfrom it at the last moment.
"Besides." he said to "Wharton, "even if it
were safe to count on the chance of Lowndes
falling, he may make a will. He has a sis
ter, you know, married to Slingsby, the
barrister, and a tribe of nephews and nieces.
Suppose he leaves everything to Mrs.
Slingsby, or her children, who will be any
better off? Lowndes might show yon some
mercy, but Slingsby wouldn't"
"Wharton acknowledged that this reason
ing was irresistible. And so the plan went
"Wharton was at Gorlington when the
news of the outbreak of the mutiny arrived,
and there this conversation took place. He
bad gone down to Norfolk in accordance
with an agreement made on the occasion of
his visit there in March, taking with him
his wife nd daughter.
Outside the grounds of the Eetreat. and
communicating with it by a door through
the garden, there stands a compactly built
cottage of six rooms. This cottage was part
of the Eetreat estate, and stood facing the
sea. It had not been occupied since Dr.
"Westlake purchased the practice, but after
Wbarton'b visit in March the cottage was
put into repair and plainly furnished as a
summer residence for Mrs. "Wharton, her
husband and little Marcia.
They had been down in Norfolk a week,
and already the health-giving breezes that
blow in summer on that charming coast had
visibly improved Mrs. "Wharton's health.
She spent most of her time in the garden
fronting the sea, reclining in an invalid
chair, employed upon her embroidery;
while little Marcia, a child of 6, sat play
ing at ber feet. A handsome woman was
Mrs. "Wharton, as the rustics were heard to
say, who passed that way. She was
like ber brother, with jet black hair, and
a fair complexion, with the faintest sus
picion of color in her cheeks, though
the sardonic expression which marred Mark
Westlake's beauty was wholly absent from
her lovely face. Bound her month rested a
smile of winning sweetness; while her white
shapely hands were cast in a mold that
Canova would have delighted to model.
Her graceful shoulders and well-developed
figure, half revealed through the light airy
dress of gauzy texture that she wore during
those hot sunny days, were in keeping with
her regal style'ol beauty. Like her brother,
she was a woman of almost iron will when
occasion arose for her to put forth her power,
as the look of resolution in her gray eyes
denoted; endowed, too, with remarkable
self-possession. A woman to keep her own
confidence and endnre bravely in spite of
moral racks and thumb-screws.
"Was she in her husband's and brother's
confidences when the great scheme was.
afoot? Alice Wharton was the soul of
honor, and the plot that her husband and
brother were engaged in weaving was not of
& nature that could safely be communicated
to a woman like her. Though some nine years
younger than Westlake and "Wharton, she
would have lashed both men with her fine
seorn and put them to confusion, if they
bad dared to make her their confidante in
their guilty coptederacy. If the truth was
known Pierce "Wharton stood in greater
dread of his wife coming to know the du
plicity and fraud he had practiced on Major
Lowndes than of the prison bars that must
be his fate if ever the secret were dragged to
The end of. July was come, and the time
drew near when the scheme resolved upon
was to be put into execution. It was a
broiling hot day, just the day, "Westlake
thought, for the business on which he was
bent Mrs. Wharton was reclining as usual
in her invalid chair after lunch, in the cot
tage garden fronting the sea, chatting to the
two men in that "soft voice" which seemed
to lend a greater charm to her conversation,
and which Shakespeare tells us "is an excel
lent thing in woman," when Howgate burst
in at the gate hastily and beckoned the doc
tor. ""What is the matter now?" the physician
"There is something wrontr with Mason.
sir," said Howeate, "he appears to have a.
Etna ot At. .mason was one 01 tne lunatic
patients, and Dr. Westlake hurried away
"What a harassing life of it poor Mark
has," Mrs. Wharton remarked to her hus
band, as the doctor went away. I often
wish he had chosen some other branch of
medical science tor bis specialty."
"Chacun a son gout," remarked Wharton.
"It is sot a walk for a man whose nerves
are not of castiron; but for my part I think
there is nothing more interesting than the
study of mental disease to a man who is cut
out lor it"
"Perhaps so, but for all that I wish Mark
was not a lunacy doctor. It is very pleasant
here in this delightful summer weather;
but fancy, what it must be like to be shut
up in that, gloomy barracks through the
long months of winter, with not a living
soul near to communicate with, except those
poor lunatics and their keepers. How the
wind must howl round the place, too."
"It is not very cheerful, certainly," re
marked Wharton. "I don't think I told
you. dear, that there was a frightful storm
raging one night when I was down here last
Marfi nil, what with the howling of the
wind outside and the mad yells of some cf
those poor wretches within, a win 01 sleep
was not to be had; at least not by me. Next
morning Mark told me he hadn't heard a
sound, which shows that use is everything."
"There is something in that, no doubt,"
Mrs. Wharton answered, "but it does not
touch my argument It seems to me that
whatever be the fascinations of the life to a
man like Mark, that it requires the com
pensation of cheerful society. Now there is
no society in the place sale you call
,Howgate societv. I mesa b society of
caltured person's. Without that it appears
'tome'that aman mustcrow hard, if even
of Me. AUGUSTUS WILLIAM WEB-
the Universal Insurance Company.
the best feelings of his nature do not become
warped and embrutalized. Don't you think
Pierce," she continued, after Wharton had
received this remark in silence, "that Mark
is getting jnst a little hard?"
"He is a dear, good fellow," Wharton
answered, with a gusn of feeling.
"Well, I, as his sister, am likely to be
lieve that, hut you do not answer my ques
tion. Don't you think that this life,cut off
from all hnmanizing society, is making him
hard? Not to me or you of course, and
least of all to little Marcia, of whom he is
passionately fond. But isn't there a some
thing that is quite different from what it
used to be? I fear I don't express myself
well; but that is because the thing I mean
is so intangible, like the atmosphere; yet
like the atmosphere it is there. Don't you
"I thint you are troubling yourself quite
uselessly, Alice. Mark is different lrom
other men. He is what we call sui generis.
I don't mean to dispute that he is wonder
fully absorbed in his profession, lives for it
one might sav, and that makes him natural
ly very self-inclosed, and to that extent
what you call hard."
"That is scarcely mv meaning," Mrs.
Wharton answered. "I feel as if my broth
er was not' morally as good a man as he used
to be, nor as he promised to be when he was
at Harrow, though I was only a little thing
then and perhaps not competent to judge of
a boy's character."
"Oh, none of us are as good as we were
when we were schoolboys, if it comes to
that," said Wharton, with a laugh.
"Don't you set up for a cynic, Pierce, it
does not become you," said Mrs. Wharton,
with a tone of offense in her voice. Her
husband's reply grated on the finer sensi
bilities of the woman.
After this the conversation drifted away
to lighter topics, and an hour slipped by
since Howgate summoned the doctor.
"I think I shall go and see what has be
come of Mark," said Wharton, rising with
Just then Howgate reappeared, saying,
"The doctor would like to see vou in his
room if you arc at liberty, Mr. Wharton."
"How is your patient, Howgate?" aske d
Mrs. Wharton, detaining the man by a
"He is all right again now. ma'am,"
Howgate replied. "The attack has passed
When Wharton reached the doctor's
room Westlake saluted him in his gayest
manner. "Well, old lellow, the time has
come when you must die."
Pierce "Wharton started back in alarm.
"Something entirely unexpected has hap
pened that will agree with our plans most
And then the doctor entered into a long
explanation, to show that an unlooked-for
event had indeed occurred that promised
well for the scheme.
"You see how it is, Wharton," he con
cluded. "Nothing could have been better
than this, it we had prayed for it So make
up ycur mind; yflu mutt die to-nigbtv"
Wharton's brow grew black as thunder,
but he uttered no word of protest.
There was a merry dinner party in the
doctor's dining room that night. Mrs. Whar
ton was wheeled irorn the cottage to the lie
treat, bringing Marcia with her, who was
allowed to sit up for a treat. The doctor
surpassed himself for the brightness of his
wit, and Mrs. Wharton, unsuspecting of
the sword that was hanging over her, took
up the game of repartee, while Marcia
clapped her hands with glee, and Wharton
himself, who had grown wonderfully taci
turn since the interview with the doctor in
his room, caught the prevailing infection
and laughed joyously.
Immediately after dinner Mrs. Wharton
was wheeled oack to the cottage, taking
Marcia with her. "It is time that Marcia
was in bed," she said.
Late at night the chnrch clock at Gor
lington had struck 10 long ago the doctor
paid a hurried visit to the cottage. Mrs.
Wharton had retired for the night, bnt
when she heard her brother knock at the
bedroom door she gave him permission to
"Don't be alarmed, Alice," the doctor
said. "Pierce has met with an accident. It
is not very serious. But we are going to
bring him upstairs and put him to bed in
the next room; and I thought it best to
come and explain matters, so that you need
not worry yourself at the noisa in carrying
him upstairs, or wonder at his absence.
"Mark, you are not deceiving me?" ex
claimed Mrs. Wharton, with alarm.
"When did I ever deceive my sister?"
was the diplomatic reply.
The doctor, though looking thoughtful,
was nevertheless cheerful, and Mrs. Whar
ton fell back on her pillow contented. But
as she lay awake and heard the noise that
was made in carrying the burden upstairs
her fears again took alarm, and it needed
all the doctor's powers of persuasion to in
dnce his sister to accept his assurances that
the sick man would be all right in the
Mrs. Wharton was pacified at last, but
could not sleep, and when morning came
she was unable to rise. One ot her periodic
attacks of nervous debility prostrated her
the result ot the injury to her spine acting
in combination with the night's agitation.
Languid though she was wjth suffering, she
insisted upon seeing her brother, and when
the doctor entered, her apartment she fixed
her gaze very steadily upon his face and
demanded to know how her husband was.
The doctor, seeing the effect of the preced
ing night's agitation, and judging that with
a nature like Mrs. Wharton's suspense was
the creater of two evils, told her quietly
that Wharton was dead.
There was no weepinir. The newly-made
widow was too stunned lor tears. A shiver
convulsed her frame, shaking the bed on
which she was lying, and that, was all. In
a few moments she gathered conrage to ask:
"This is appallingly sudden, what has he
"Cerebral apoplexy. You see," the doc
tor went on to explain, "he would take
those long walks in the sun, and yesterday
was the hottest day we have had. The sun
was too mnch for him, and that and the
hearty dinner he ate last evening produced
"When did he die?"
"Last night He was dead when I came
to you, but I would not tell you then, lest
the shocking news should disturb your
"I must see him before he is buried," said
Mrs Wharton, after a long time, in which
she lay thinking and endeavoring, though
with indifferent snecess, to realize her great
"I would advise yon not," -tlie doctor
returned promptly. "You see he has died
in the fulness of life, as it were, and besides
his face is very much distorted. Greater
changes will supervene in the next 24 hours,
If the weather continues as it is at present,
and you are not in a fit condition to rise to
day. Take my advice, Alice, cultivate the
memory ot your husband's living presence,
and do not spoil that by seeing hins so sadly
After more conversation the funeral was
fixed to take place in Gorlington church
ran) on the following Monday. Dr. West
lake had informed bis sister of her widow
hood on Wednesday. ',
"On Monday a funeral train wended its
way from the cottage, alone the cliffs, to
Gorlington. It was a simple train, con
sisting of a hearse and one mourning coach.
There were only two mourners: the widow,
whose strength had returned to her, and
who was learning to face her loss in a
courageous spirit, though now, her tears
flowed freely, and her brother. Doctor West
lake. As the mourners retired from the church
yard, a knot ot villagers, who had been
looking on, rnshed to the side of the grave,
and looking down on the polished oak cof
fin, read the simple inscription on the brass
July 30, 1S57;
Dr. Westlake, having disposed of his
brother-in-law, lost no time in pursuing his
scheme to the end.
After the interment he produced a will in
which a life interest in the estate of Pierce
Wharton was left to his widow. The prop
erty was bequeathed to Marcia, in the
event of her mother's death, and Mrs.
Wharton was named as sole executrix of
the will. But there was a further clause
that practically gave to Dr. Westlake su
preme control over the estate. This clause
appointed Mark Westlake, in conjunction
with the widow, trustee for the estate, and
the wording at this point was singular and
It counselled Mrs. Wharton, rather need
lessly, to confide entirely in Mark West
lakes judgment in all things. It took
knowledge of some real or imaginary indis
position on Westlake's part to undertake
the responsibilities of a trusteeship, and im
plored him to lay aside his objections on
this head, and to act in accordance with
the testator's wishes for the sake of their
former friendship and their near relation
ship. Owing to the state of Mrs. Wharton's
health, Mark Westlake virtually wielded
all the power. His sister was simply called
upon to act as the sign-manual to register
his decisions. But with the entire confi
dence which she reposed in her brother, that
did not matter from her point of view. It
left, however, Mark Westlake a free hand
to do as he pleased, which was perhaps what
was meant under all this palaver.
The will had been prepared at Norwich
during Wharton's visit to Norfolk in the
spring. It was proved without delay, and
all necessary steps were hurried through
with dispatch. At the first meeting ot the
directors of the Universal in September,
a claim duly authenticated was laid before
the board by Mr. WeDber, for the pavment
of 10,000 on a policy executed on the life
of Pierce Wharton in the month of April,
Mr. Webber in laying the necessary docu
ments before his board informed them that
he thought the death occurring so soon after
the execution of the policy and the large
sum at stake were elements of suspicion.
He had accordingly dispatched their private
inquiry agent, Mr. Doggett, to Gorlington
to make inquiries. He produced that
officer's report which ended by declaring
that no ground of suspicion existed in the
matter. The Universal intimated to the
firm of solicitors employed by Mrs. Wharton
under her brother s directions, that the
claim was admitted, and would be met at
the expiration of the usual period.
But the matter was not allowed to rest
there. It turned out that several other
offices had been "badly hit" by the early de
mise of Mr. Wharton, and after a careful
comparison of notes had taken place be
tween the offices affected, it was discovered
that eight other offices had been induced to
issue policies on the life of Mr. Wharton in,
the months of April and May, and the total
sums insured for amounted to no less than
This was what Doggett called "a face."
There could be no doubt in the judgment of
persons most -competent to form an opinion,
that the companies were the intended vic
tims of a cleverly-constructed fraud. There
was nothing very out of ehe way in the fact
that a rising young stockbroker in the city
should insure his life for 210,000, but30,000
was another matter.
The Universal, though the heaviest suf
ferer by the fraud, if fraud had been perpe
trated.'was indisposed to stir in the affair
unless the suspicions entertained by the
other offices received some degree of corrob
oration. This seemed hardly possible in the face of
Doggett's report, which recorded that every
thing in connection with the death and
burial of Mr. Wharton had been en regie.
When the Star and Garter suggested that it
might prove to be a case of sham burial they
were laughed to scorn, Doggett had inter
viewed the undertaker, who provided the
coffin, and the men who screwed the body
down. There was no room for doubt that a
genuine interment had taken place. The
notion that the deceased might have met
withoul plav was even less tenable. Who
was to benefit by so great a crime? Dr.
Westlake? The doctor was a specialist of
the highest repute, whose own honor was
not even called in question when one of his
patients fell a victim to Howgate's brutali
ty. On the face of the will the doctor de
rived no benefit from the death of his rela
tive. Besides that the terms on which he
had lived with the deceased were shown to
be of unusual affection.
Suspicion was born solely out of two facts;
the suddenness of the death after effecting
the insurances, and the large amonnt at
stake, much larger than anything the posi
tion or circumstances of the deceased seemed
to warrant But afterilong delay the Uni
versal reluctantly gave way to the prevail
ing wish that some steps shonld be taken to
set the matter at rest, and agreed to fall in
with any agreement that might be come to.
Application was made to the Home Sec
retary for an order for the exhumation of
the body, and this was granted after a fur
ther period of delay, and the Coroner for the
district was communicated with. In addi
tion to the legal representatives of the vari
ous offices, Mr. Doggett was sent down to
watch the progress of the inquiry.
The body was exhumed and independent
medical testimony was forthcoming to show
that the deceased had died from natural
causes. The, post mortem appearances cor
responded with Dr. Westlake's certificate
that death had resulted from "cerebral apo
plexy." The time was not expired when payment
of claims must be made, but the offices in
terested felt that after the scandal they had
raised the best thing to do was to back out
of a false position with the best grace pos
sible. -The .money was paid over immediately
after the abortive inquiry before the Coro
ner, and Pierce Wharton's le,gal representa
tive became possessed of the sum ot 30,0001
At Christmas there .was a new prac
titioner at the Eetreat, who has since added
to the fame of that establishment by his hu
mane and successful treatment of the un
happy victims of mental disease.
Dr. Westlake, it was rumored, had taken
a foreign practice, and his widowed sister,
with her daughter, had accompanied him.
The mutiny was crushed at last and order
and security reigned throughout our Indian
possessions. Major Lowndes, no longer
major, bnt Colonel Lowndes, now returned
with his regiment to receive the honor of
knighthood at the hands of his sovereign
for gallantry and devotion, and still higher
military honors were in store for him.
Sir Charles Lowndes, as we must now
call him, "bore his blushing honors thick
upon him" with the modesty that sits so
well on a truly Brave man. He returned to
England bringing a young wife with him
the rich widow pf a Calcutta merchant
barely ont of her teens. His small savings, J
that had proved too severe a test for Pierce
Wharton's honesty, were a trivial matter to
him, now that he had married the lady who
was reputed to be the richest woman in
Hindustan. But he learned from Slingsby,
who had risen to be Q. C, that a commu
nication had been received from Dr. West
lake informing him that among his brother-in-law's
effects was a statement that a
certain sum just realized on Major Lown
des's shares was to be banked in his name
in the Bank of England. Dr. Westlake
stated that he had carried out the instruc
tion which his brother-in-law had not lived
to carry out for himself. So Sir Charles re
ceived his money without the slightest sus
picion of the true circumstances.
Two years later the Universal suffered
heavily by a succession of fires that occurred
in the United States, one of which, at the
least, was believed to bean incendiary char
acter. Mr. Doggett was sent over to consult
with the New York police and investigate.
The day after his arrival Doggett had
just turned into Wall street when he ran
plump against Pierce Wharton in the flesh.
The detective kept his head, wisely refusing
to regard Mr. Pierce Wharton as an appa
rition from the other world, and betrayed
no sign of recognition. Doggett was
familiar with Wharton's face in old city
days before the latter's voluntary exile.
There was no mistaking the man, although
he had shaved off his mustache and culti-
vated a tuft on bis chin, American fashion.
The detective tracked his man to his home,
and discovered that the soi-disacc Pierce
Wharton was now known ay Penryn
Wendover, a famous speculator who lived
in magnificent style on Fifth avenue. Satis
fied that Mr. Penryn Wendover would be
found when wanted, Doggett swore a private
information before a New York magistrate,
and having transmitted this 'to Europe,
waited instructions, and went about the
business that had taken him to the States
and so opportunely thrown him in Pierce
Doggett soon concluded his business, and
then set to work to ferret out all he could
about Mr. Wendover's movements since he
set foot in the New World. Tracing Mr.
Wendover's history backward he found that
he had left Liverpool under his present alias
on the 3d of August, 1857, two days before
his dead body was supposed to have been
committed to the grave in Gorlington
If a bombshell had suddenly burst in Mr.
Webber's room it would scarcelv have cre
ated more astonishment, though it would
have inflicted more damage than was expe
rienced at the Universal when Doggett's
communication arrived. The matter was at
once placed in the hands of Mr. Reginald
Levi, the most famous criminal lawyer of
Mr. Levi took Doggett's view, that as Mr.
Penryn Wendover was living in sublime
unconsciousness of the sword of Damocles
that was hanging over his head, it would be
a pity to disturb him until matters were in
train to warrant his arrest.
'.'Let us first of all find the whereabouts of
the other man, whose legal offense is more
serious than Wharton's," he said. "With
out Westlake we can do nothing against
Wharton, for Wharton has made no false
declarations, received no money wrongfully
that we shall be able to trace, nor done any
of the score of other acts which the more ac
tive criminal of the two has committed.
When we get Westlake we can make good
our case against Wharton for conspiracy at
least, but without Westlake I fear there is
nothing to be done."
A detective was dispatched from Scotland
Yard to trace out Westlake, and a letter
was written to Doggett, commending his
discretion and instructing him to "lie low"
and keep on the qui vive. Only on Mr.
Penryn Wendover showing symptoms of
flight was he to proclaim his identity and
call in the assistance of the New York
police. The magistrate at the Mansion
House consented to hear an important ap
plication from Mr. Levi in private, and at
its close granted a warrant for Pierce
Wharton's arrest This warrant was en
closed in the communication to Doggett,
with strict instructions not to use it until
further instructed unless he saw need to
avail himself of the extradition treaty.
Either France or Germany offered the
best field to an English specialist in mental
diseases. Sims, the Scotland Yark detect
ive, crossed by the next boat to Ostend, and
making the best of his way to Berlin put
himself in communication with the Berlin
fiolice. but nothing was known of Dr. West
ake there. Leaving instructions wherebv
the name of everv lunacy specialist and his
antecedents should be traced throughout the
minor German States, Sims hastened to
Paris, resolved that if he did not unearth
Mark Westlake there, he would travel with
all speed to Vienna.
At Paris, Sims found what he wanted. A
reference to the directories showed that Dr.
Westlake had a large private establishment
for the treatment of the insane, on the out
skirts of Marseilles. A telegram to the
head of the police in Marseilles soon
brought back a message that Dr. Westlake
was still resident there. Sims returned at
once to London, and after another private
interview with the magistrate at the Man
sion House, a warrant was issued against
Mark Westlake on a series of charges. The
execution of the warrant, which was en
trusted into the hands of Sims, was delayed
until Doggett could be communicated with.
Instructions were now sent to Doggett to
act immediately, but to time the arrest so
that information would reach Europe by
steamer leaving New York before the steam,
er on which Doggett proposed forget out
These instructions were carried out to the
There was something intensely dramatic
in the situation of these men reposing in a
false security and pursuing their several
avocations, one in the extreme South of
Prance and the other in the greatest com
mercial city of the New World, all uncon
scious that at a moment that might now be
fixed with precision discovery and arrest
would come upon -them both with the
startling suddenness of a bolt out of the blue.
At last word came from Doggett. The
arrest had been effected, and though some
'formalities remained to be gone through he
expected to leave with his prisoner five days
later. In anticipation of news from Doggett,
Detective Sims nad been sent down to Dover
in readiness for the signal. The signal was
given in one word: "Act."
Sims took the next boat for Calais, ar
rested his prisoner ontheqnay atMarseilles,
and returned to Paris in time to catch the
night mail, arriving with Mark Westlake
in good time on the morning following the
night which had seen Doggett arrive in
London from Liverpool with Pierce
The prisoners were brought up at the
Mansion House, and after a brief outline of
the case had been given by counsel, a re
mand was granted.
Sir Charles Lowndes read an account of
the'proceedings before the magistrate with
undisguised horror.and after paying a visit to
Newgate, where he was received with abund
ant expressions of grief by Wharton and
cynical mockery by Westlake, he visited
Mr. Webber at the Universal. The gallant
soldier, scarcely able to keep back his tears,
told Mr. Webber the story of the youthful
friendship at Harrow, and how on the night
before they parted and went their several
ways in the world, they had each vowed to
help the other at his need, and that in ful
fillment of that vow, he had cometo in
duce the office to take a merciful view of
the case, offering not only to make good the
losses endured by the companies, but any
sum, even to half his fortune, it the offense
could be condoned.
Mr. Webber could not help being touched
at the brave soldier's devotion to his friends,
and the noble offer he had made to avert
from the companions of his boyhood the
consequences of their crime. But it was
not to be as he wished. As delicately as he
could, Mr. Webber tried to bring Sir
Charles to look at the matter from the stand
point of, inexorable public duty; but Sir
Charles went away sorrowful, "and brave
man though he was and is, he murmured
aloud that in his case, at least, the claims
of an old friendship, refused to take sec
ond place to any other consideration. And
nobly did he redeem his word.
The prisoners were committed for trial in
due course, and the matter came on for hear
ing before one of Her Majesty's judges at
the Central Criminal Court, where a formi
dable bill of indictment was preferred
against both prisoners. But that against
Dr. Westlake was the more formidable of
the two. That both prisoners were guilty of
daring fraud was beyond all question. But
their respective sh'ares in the crime were
The inception of the crime was due to
the more powerful and fertile brain of
Westlake, and this was assumed, though it
could not be proved by the Crown. Whar
ton's share in the proceeds of the lraud was
larger than that of Westlake's, and his
need in the first instance had led to the in
vention of the plan. But neither of these
facts were known to the Crown. Both men
held their mouths closed to the last Whar
ton's share was limited to the more passive
act of flight and sharing of the proceeds.
Westlake provided the dead body which
was substituted for the living body of
Wharton. He signed the false certificate
that Pierce Wharton had died from cerebral
apoplexy. He' gave perjured testimony at
the inquest held later. He misled Mrs.
Wharton, and made her the unconscious
instrument of .cBecting a great villainy. Jle.
"nsedTfer as the mechanical recipient 0? the
money puiu over uy mc waiuiuiw uuiues.
He was the master spirit .and the active
agent of the -plot, and on him the stern
hand or the law fell heaviest
The case for the Crown against Wharton
was weaker than it deserved to be. He was
found guilty of conspiracv only, and was
sentenced to seven years' penal servitude.
The jury contented themselves with re
turning a verdict on three counts of the
indictment against Westlake, who was sen
tenced to three several terms of five, seven
and eight years' penal servitude. The sen
tences were cumulative:
Sir Charles Lowndes interested himself
after the trial, but in vain, to secure an
abatement of punishment. Having failed
in his attempt he frequently visited both
convicts in the penal settlements to which
they were sent
Wharton's health broke down at Dart
moor, and when it became clear that his life
was to be measured by days rather than
weeks, the order came for his release, and
he was removed to Bournemouth by his
constant friend, and nursed by him with
more than the fidelity of a soldier and the
tenderness of a woman, through the last
stages of consumption. Into Sir Charles
Lowndes ear Wharton poured forth the
whole story of his temptation and fall.
When the hero of the Mutiny learned that it
was to make good a wrong done to himself
that Wharton and Westlake had sinned to
gether his anguish was inexpressible.
"Could you not have trusted me to for
give?" the brave warrior cried, whil the
tears coursed down his cheeks. "What were
my paltry earnings compared wtth the ruin
of your life?"
"I know now that I could have trusted
you. I was a fool to have doubted it," was
the broken reply that came from Wharton's
dying lips. And with this avowal of the
stuff of which his friendship was made, the
soldier had to be content
Soon after this Wharton died. He lies
buried in the cemetery at Bournemouth,
where the breath of the pine woods is
wafted along with the salt air of the summer
Westlake, torn away from the pursuits he
had followed with too little scruple, was
unable to endure the strain of the monot
ony of prison life. His mind gave way,
and he was removed to Broadmoor. There
he was pronounced incurable; and then Sir
Charles a intercessions for Westlake's re
lease prevailed with the Government, and
the once brilliant scientist was taken care
of by his old .Harrow friend. Various re
treats were tried for him, but his restless
ness and violence increased until the exper
iment was made of his removal to. Gorling
ton, where the famous specialist in mental
disease wore his life away, a hopeless im
becile, in a more or less restful calm within
the walls where he wrung many a secret
from nature by means it would be too curi
ous to speculate upon, and upon the scene
where the great fraud was planned, and, in
Mason did not recover from the attack, as
stated by Howgate. His death from cere
bral apoplexy at the critical moment,
though wholly unexpected by the conspira
tors, materially advanced the Success with
which they executed their plot The suc
cess of the scheme was largely contributed
to by the indifference of Mason's friends to
to his fate. It is needless to say that How
gate was in the secret, for without his con
nivance the continued presence ot Whar
ton at the Eetreat until the time came for
him to escape in diguise to Liverpool would
have been almost impossible.
And what of Mrs. Wharton and Marcia?
By what means Mrs. Wharton was Induced
to overlook the cruel deception that had
been practiced upon her, and to join her
husband in New York is entirely unknown.
When the conspiracy was brought to light
the blow killed her. She died before ber
husband reached Liverpool, of the malady
that had long threatened her, her death
hastened, no doubt, by the shock of discov
ing that she, a woman of blameless honor,
should be so nearly related to men who
could stoop to deeds so shameful.
Sir Charles Lowndes, after the trial,
crossed the Atlantic in search of Marcia,
and it was owing to his thoughtfulness that
Wharton's last hours were cheered by the
pretence o his 'child.
To Marcia hehasbeen more than a father;
for has he not given to her his own name,
and taken her to his bosom bis own ewe
lamb, "shorn" of both parents, "shorn" too
by disgrace in which she had no share, to
whom the wind indeed needed to be "tem
pered I" The gallant soldier is childless,
and Marcia is "to him as a daughter."
When Doggett was told that Sir Charles
had offered even to the halt of his fortune
if the charge could be withdrawn against
Wharton and Westlake he quaintly re
marked; "AM Wharton offered me the
whole of his fortune if I would give him 24
hours' start, and he had made 'a big pile'
over there in a short time."
Which suggests how rarely men think of
restitution as a matter of right and dnty;
only as a bribe to purchase immunity from
terror and escape from impending punish
ment Wharton was in a position to have
restored the whole amonnt of the fraud, and
more. Public companies know how to give
a kindly welcome to repentant sinners who
come with a restitution in their hands.
One more remark of Doggett's. "If
Westlake had taken another name, like his
friend Pierce Wharton Penryn Wendover
did, Sims might have been looking over
the Continent for him till the Crock of doom.
And if I had not gone to Wall street ex
cited by curiosity mainly, for I had no bus
iness in that quarter I guess Mr. Wend
over would be speculating still, and this
great insurance frand would never have
come to light Chance eh? Boshl"
"It is just the way of the world," said
Mr. Webber, musing over the issues of the
romantic friendship begun in the old Har
row days. "As Cowley says: There have
been fewer friends on earth than kings.' "
DOCTOR JACQCEFS SECRET.
PI ADA DCI I C cft abright descrip
OLHtlM DCLLC tionof the affectionate
parting of ex-President Cleveland and his wife,
relates an anecdote of General Sherman and
speaks of Hew York restaurant methods in
To-Dav's Trial List.
Criminal Court Commonwealth v William
Welsh, Edward Donning, James Craig, Mary
Cain, Ida PInme.
The grand jury returned the following true
bills: William HcAndrews, Michael Biggins,
robbery; William Madden, F. B. Reynolds,
Jacob iletz, larceny and receiving stolen
eoocls; A. B. Minch, embezzlement; W. L.
Ralston, fraudulently making and uttering a
written instrument; Charles Mnnroe, felonious
assault and battery; William Brown, alias
"William McCrady, larceny and aggravated as
sault and battery: John Murray, William Mah
neke, James Bodgers, ass-iult ana battery;
J. F. Venn, misdemeanor: J. R. Mallett, Thomas
Welch, adultcryf Oliver Force, Finey Guckert,
selling lottery tickets.
The following bills were ignored: Louis
Diehl, Nicholas Altmeyer. keeping a gamblng
honsc; William Clark; Jacob Uudinsky. keep
ing a bawdy honse; Charles Genis, Charles
Hendricks, A. Wirth, Alonzo Wirth. Christ.
Herald, Henry Rose, conspiracy: John Hoff
man, Alex. Craig, false pretenseL. H. Walter,
embezzlement: V. H. Lewis, misdemeanor:
Mary Welsh, alias Mary O'Brien, larceny and
receiving stolen goods; Sfary Ann Ford.larceny
by bailee; Thomas Biggerstaff, receiving stolen
Roods; Alex. Bovard. Frank Waeinsky, aggra
vated assault and battery: Caroline Measmer,
assault and battery; William, alias Kit, Carson,
cruelty to animals.
INDIAN FIGHTING S&SFS &
Frontier are vividly described in to-morrow's
Dispatch by Captain Charles King, who re
lates the story of a wild ride with Buffalo Bill
in pursuit of the Sioux.
Dress nnd Wrap Trimming'.
As the spring season approaches every
lady and dressmaker is interested in what
will be worn. New York leading the
American fashion has decreed that the fol
lowing shall be used: Persian bands in all
colorings (prices ranging from 25 cts. to $4
per yd,); flannel embroidered bands,
appliquebraids--with tinsel effects, steel
bands and ornaments, crochet and jet com
bination gimps and ornaments to match;
pattern braid gimps, black and colored, fine
jet trimmings, fringes, headings, ornament
and leaf gimps, illuminated ornament
gimps, plain silk gimps and headings
(prices ranging from 15c up), beaded gren
adines and nets for wraps, girdles in all
colors, gold and silver soutaches and
braids, binding braids, etc. These, with a
full line of silk bindings, dress linings,
buttons, dircctoire and smaller shapes, and
everything connected with dress trimmings,
can be procured at the lowest prices in the
citv, and in greatest variety, at Kosenbaum
& Co.'s, 27 Fifth avenue and 510 to 514
Market st. ThS
Questions Worthy of Consideration Ad
Church, and school committees, and per
sons building generally. Shall we continue
in the old rut and plaster our ceilings and
walls with the same old mud we have been
patching all our lives, simply because it is
cheap? Or shall we use wood, which we
know will warp, shrink and burn, and
furnish lodgment for all manners of in
sects? Or shall we use our own brains and a
little common sense, and adopt the patent
metal ceilings, manufactured by A. Nor
throp & Co., and secure olean ceilings, dura
ble ceilings, artistic and attractive ceilings
that are not easily damaged by either leak
age of water, or jarring and vibration of
buildings? Send stamp for our new cata
logue of designs, or call and see our new
offices at cor. Twenty-third and Mary sts.,
Pittsburg, S. S., before you decide these
questions. A. Noethkop & Co.
B. & B.
"For Saturday's sales ladies cotton ribbed
vests," 15c, 20c, 25c and 50c. Compare them
with any in this market
Boggs & BtJHIi.
English Neckwear Display
In our men's department all day till 9 P. IT.
You are invited. Jos. Hokne & Co.'s
Penn Avenue 8tores..
As Good ns Candy.
Marvin's new cocoanut caramel maca
roons are delicious dainties, and are just
what you want to eat with your dessert.
Ask your grocer for them. its
100 dozen fine gauze balbriggan stockings
20c a pair; compares with 25c stockings.
Booas & Buhl, Allegheny.
Gents' Gold and silver Watches,
Also gold-filled cases, nickel watches,
etc., fine jewelry, chains, charms, secret
society pins and charms, K. T. and 32
charms. All at reduced prices. Will re
move April 1 to 420 Smithfield st
tts Jas. McKee, Jeweler.
Men's Cotton Half Hose IS Cents to Finest
Spring weights plain colors, balbriggan
and fancy stripes. Largest assortment
Joa. Hoehe & Co.'s
Penn Avenue Stores.
Those 50-cent striped flannelette skirts are
a special bargain extra width. Ask for
them. Boggs & Buhl.
Tatloe-made stockinette and corkscrew
jackets; over 100 styles; cheapest at Bosen
baum & Co.'s.
A linen's vinnfln vat 1Ra Ta! mtA a1ba
aiauj u aMii m as uciu oviu stop-
where at 20 and 25 cents. Our price for this
Saturday's sales 15 cents,
Booos & Buhl.
English Neckwear Display
In our men's department all day till 9 P. M.
You are invited. Jos. Hoene '& Co.'s
Penn Avenue Stores.
REAL ESTATE SAVINGS BANK, U31.,
401 SmltUOeld Street, cor. Fourth ATenue.
Capital, $100,000. Surplus, $38,000.
Deposits of $1 and upward received and
interest allowed at & per cent. xxs
HAD 'TO ACQUIT HER.
A Well-Defended Mother pf Four
Children No Seller of Beer.
MRS.CHRISTIN A H0FFS EAST CASE,
In Which a Heal German Swears He Cant
Tell the Taste of lager.
TWOFAlLUfiES A5D OTHER C0UET KEWS
The ease of Christina Hoff.the widow from,
Elizabeth township, who was charged with
selling liquor in a prohibitory district, came
up before Judge Magee, yesterday. Mrs.
Hoff is the woman who created such a
favorable impression on the Court and sev
eral of the attorneys the other day, and her
acquittal was almost a foregone conclusion.
She had been released on her own recog
nizance by Judge Magee; but she was in
court early yesterday morning with her four
Attorneys Montooth and Moore appeared
for the woman, and succeeded in securing
her acquittal. Probably the most amusing
part of the case was the examination of one
of the witnesses for the Commonwealth. He
was Henry Becker, and he testified to hav
ing bought a bottle of something that was
marked "'birch beer."
Mr. Porter Wasn't it really lager beer?
Mr. Becker I don't know.
Mr. Porter You know the difference be
tween lager and birch beer?
Mr. Becker No, sir.
Mr. Porter Where were you born?
Mr. Becker In Germany.
Mrs. Hoff's testimony was the 6nly evi
dence offered for the defense. She said she
had never sold anything bnt soft drinks;
but that a boarder in the honse usually kept
a jug of whisky, and sometimes gave some
to his friends.
,Iu charging the jury Judge Magee said it
was dangerous for any one to manufacture
lager beer, label it'birch beer and impose
upon a poor widow, who was doing what all
mothers do gathering her children about
her and trying to support them. He said
the only way they could convict her would
be on the assumption that she had sold
whiskjr belonging to the boarder.
The jury was only out about ten minutes,
and as Mrs. Hoff left the court, the specta
tors handed her money in amounts rang
ing from 10 cents to half a dollar.
EXECUTIONS FOR OVEE $45,000
Cause the Sbnttlns Up shop of Mantel and
Brewers' Supply Dealers.
The store of L. H. Smith, the dealer in
mantels, on Sixth street, was closed yester
day by the Sheriff, on executions issued
against him aggregating $26,829 22. The
execntions were for the following sums: L.
G. McCauley, $15,18689; Maria E. Veech,
$5,193 33, and Mrs. Jane Sheppard, $6,
The Sheriff also took possession of the St
Julien Brewery, in Allegheny, owned by
John J. O'Eeilly, dealer in brewers' sup
plies, with offices in the Schmidt building,
against whom executions had been issued
for $18,500 16. The executions were: Ed
ward Frauenheim, $5,520; TJ". G. Williams,
$4,055 16, and Frauenheim & Vilsack, $8,
925. . -
Mr. O'Eeilly, it is stated, said that, when
the old St. Julien Brewery Company failed,
he indorsed about $35,000 of its paper. Since
then he has been paying on principal and
interest, and would Save, continued to pay,
but for the stagnation in business caused by
the Brooks bill and the prohibitory amend
Tjlnes From Lesal Qnnrters.
Ik tbe libel suit of John 3. Edear against the
Penny Press Company yesterday a compulsory
non-suit was entered against tbe plainuif.
Georgk Sellers yesterday entered suit
against Michael Gardner for $20,000 damages
for f also arrest for "perjury and illegal voting."
John C. McLaughlin yesterday filed a bill
in equity against Moses A. Michaels and wife,
on account of the transfer of an electric coal
mining machine, in the patent of which both
A petition was filed in the Orphans' Court
yesterday by Mary L. McCrae, asking that
trustees be appointed for tbe estate of Mar
garet Marshall, who has been missing tor a
year. The estate is valued at $3,000.
The suit of Philip J. Ulrica, against the city
of Pittsburg is on trial before Judge Ewing.
The case is an appeal from the decision of the
Board of Viewers in awarding damages caused
by the widening of a street In the Thirty-second
A bill In equity was filed yesterday by
Thomas, James A., Sarah K. and Ann McFar
land against the Ohio Connecting Railway
Company to prevent the defendants from tak
ing 100 feet width through plaintiffs' property
on Brunot's Island, Ninth ward, Allegheny, in
stead ot the 60 feet allowed by law.
Judge Achesox. in tbe United States Court
yesterday, granted a preliminary injunction In
the case ot Henry W. Putnam and Carl Hutter
against tbe Keystone Bottle Stopper Company,
restraining tho defendant from manufacturing
a bottle stopper which the plaintiffs claimed
was an infringement on their patent:
A COMPULSORY nonsuit was entered yester
day in the suit of Sheriff McCandleas, f or nse
of David R. Mclntyre. against J. H. McKen
ney, an action on a Sheriff's sale. The Sheriff
bad knocked down a piece of property to Mc
Kenney, who afterward refused to take it, and
suit was brought to compel him to do so.
A charter for the Pittsburg, Fairport and
Northwestern Bock Company was filed in the
Recorder's office yesterday. The company is
formed for the purpose of maintaining a
storage yard in Pittsburg. The capital stock is
550,000, divided into 1,000 shares. The directors
are Henry W. Oliver, C I). Fraser, John E.
McDonald. John Donaldson and A. . Ander
son. Judge Colller yesterday .held an Inquest
on the sanity of Mrs. Rachael Powell, and she
was declared a lunatic Mrs. Powell is 71 years
of age. and has been insane since January 1,
1889. Her only estate Is a pension of $12 a
month drawn as the widow of John Powell,
who was a soldier in the Warof 1812. Mrs.
Mrs. Martha E. Hauck, of Allegheny, her
daughter, was appointed to take charge of ber.
Chief Elliot, of the Department of Chari
ties, yesterday entered suit for the city against
Ella McTiernan. commissioner of James Mc
Tiernan, to recover 53,330 71 for tbe keeping of
James McTiernan since April, 1871. when he
was declared a lunatic and committed to Dix
mont at tbe expense of tbe city, as having no
estate. Since then he has become possessed of
$6,000 and an estate bringing' him $30 per month,
which is m charge of Ella McTiernan.
A charter for the Turtle Creek Valley
Electric Light Company was filed in the Re
corder's office yesterday. The company was
formed for tbe purpose of operating an electric
light plant in North Versailles, Patton, Brad
dock and Wilkins townships. The capital
stock is $50,000, divided into 1,000 shares at $50 a
share. The directors are Allen Matthews,
Frank Wilcox, Edwin C. Little, Walter D. Up
tegraff and Charles C. Wolfe.
Judge Stowe yesterday handed down an
opinion in the case of A Filiman against Rosa
Hall, a suit to obtain judgment on a note for
$2,000 given Filiman bv the defendant as se
curity for going ber bail. Rose jumped ber
ball, and Fillmanlaims that he was put to the
expense of $800 in searching for her. Of this
amount $250 was for detectives' services and
$200 attorneys' fees. Jndge Stowe holds the
amount paid the detectives was excessive, but
as it was paid in good fait lit shonld stand.
Tbe attorneys' fees were not excessive, but
Fillman's personal expenses were not allowed.
The suit of James M. Chadwick against
Pew, Emerson & Co.. Limited, the Penn Fuel
Company and the Philadelphia Company for
damages for a right of way taken through his
farm for a pipe line, was concluded yesterday.
A non-suit was taken as to tbe Penn Fuel Com
pany and tbe Philadelphia Company, and a
verdict was rendered for tbe defendant as re
gards Pew, Emerson & Co. An agreement be
tween Chadwick and Pew, Emerson & Co., with
reference to tbe right of way, was produced,
but Chadwick denied that he bad ever signed
it. He said he had signed a receipt, bat no
agreement. The jury, however, dee&M
against him. , f
i J .. .,&,'- Jps.