New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-27

gently and Fish sank into the witness chair ten
feet in front Of Ferdinand Ward who cnched his hand
hard against his face and seemed braced Tor desperate
emergency.
General Tracy here astonished Justice Barrett by
moving tuat the DstricAttoney had said that Ward
was to be tried on other issue the jury be discharged
on the ground that Illegal and improper allegations cs
pccially referring to General Grant had been made
In their hear ing.
Justice Barrctt-The motion is not made seriousyl
General Tracy-Itis.
General Tracy was Obliged to content himself with an
execution. Mr. Purdy then "Please state your
name age residence and present occupation, Mr. FISH,
said he. The answer quick jerky, hot: " James
d. Fish, age sXty-siN, residence the Auburn state
Prison "a pause and the words rushed out laden with
bitterness irony, contempt" Occupation convict
Ward did not move muscle.
Q.-Do you know the prisoner, Ferdinand Ward
| A. Balancing at Ward)-Id do
Mr.. Purdy handed Mr. Fish the $7l,S00 check. Mr.
Fish said banded to him 10y MS paying teller Ben
iamin Fish, ms brothcrl on May ,, 1SSh He had in
sructcd the teller certify lie gave ts account OF
what happened:
went to tho telephone ana rang mp Mr. Ward. There
direct telephone to Grant Ward. Mr. Nari an
swcrcd. bad conrcrSed with hnn hundreds oi times
| over the telephone aud recognized MS voice.
Nj Cochran made a formal objection TO the telephone
! and overrulcI hint from Mr. Fellows that a
voice from adjoining room might be rccognhe'' and
| 20 on a telephone Mr. Fish went
said Ward, your check for S,l,sp2 Is 9Tcsente9
for ccruhcalon against \onr unccruhG! chSgh t"r
/
T ~ i 1,N ,,,idr LoCrrc Nav z fi,s was Monday
| May o. making IN all TljOOOo. He rcpucl that
| The checks were good ana SAID " 60 air'd ana senu
! teller to certify the 81, 500 check.
Nj Fish identified the certified check drawn to the
order Of W. :. Warner for 81 500 ana gned by "Icid
| Ward" Mr.. Fish went
saw Ward tnat morning between and 10 o'clock
before business hours. lie had drawn check on Tie
FIRST National Bank for $4,000 the saturday before
and had cot a certified cucc, for $4,000 til, Marine
| payable W.. $.
Nay ,. Ward came TO me and sad mat th' chctk Tor
! - 1000 had bccu wi'ndrLwn and would not 0a used
John H. Carr, tie receiving teller. was present Aboni
II O'Clock tho paying teller 10 me a"d sand ihe
S~l 900 check had been presented went To the trlc
! phoac and SAID: "Ward that check for e-l;o""
sent" sent o2t' lie replied That strsu-c;
don't udcrstand that; -, I'll see see ,i anoHt IT,
W., good. ANA relying on that had caused the ccihca
! tIou.
Cross-cNamincd ny General Tracy, Mr. Fish aid that
Ward had kept account with The Marine Bank for i've
or six yeas before the fhIrc lie dd not know tAr
condition of WIrrs account or that u had been Over
drawn. lie did not take pains 10 see ho" wards "c-
count stood before he caused the crrhcalon II tie
81 500 check. did have daily report of over
drafts at the bank. although might have hccna good
uing to do" ho did not rclai.eh in W'ris c'' a.-
way-. The clerk charge h.! that nH7,n"-s 20 aiitnd
10. M. I-h did not know what CLERK 10 Was IN AfH
AMI May l~o4 II i.at have Doe t'n prci I's ''iF
to d trruiuc whether oycritl.,, -h0I!t Doe u'tJiiN
report on Warts oycrirait, not .rol,' SAID
Nh Fish, because OF uy confidence in h m 'nl iI
Grant n Ward The pas p- teller td not tell i"c a"
Saturday May 81 tat Waru, account was LARGELY ov r-
drawn. Idd uot know 10 was 80. dI a't h"o" ID was
ovcrdrawn on April L. 1881; al least IOut remember
IL now" M. FISH read eticr Of his 10 Ward, handed
to him 10y General Tracy, ana concluded that hc mnt
have known something OF IT, pat ot II ran: " oar
affairs to be drifting into condition entirely be-
youd my comprehension" lie dd not remember what
he hui sworn in tho United STATES Cosf..
General Iracy-Dh did not Mr. Ward promise to
come down TO The bank Win a deposit on Ai"y "ud
Mr F.sh-IIe said he would make it all right.
n1 m {oQ ~ cr mot Lcr 't ,,,,o1 4y ,i n' g,n lI
Mr. Fishs memory WAS revived by exhibit so ~
from the United states Court ta! and hc said " cK
pect must have received the note No do0bt received
! il; my impression is clear now" The communication
! read in part:
| Dl4r Sin: have deposit to make against that
! Warner check. VIII Do down by $50 T. -: va !e-
/ laycd. Yours, j. WAN-
Mr. ri,h. face lad gradually taken on riul-h hue:
then 1t became crimson and finally fIl bIoodea Hush
sulus,d- his couutenauco and spread doTn his neck
lie thought possibly Grant Ward had lolacd hm
personally their check Tor S-O,OOO winch be had
RCD IN h!s drawer as much cash aI.I had drawn
/ day by day.
! MI FisA's letter Ward OF June 20, I-s2, setting
forth tpat things are not what they should be-" re-
suited in 10 satisfactory answer TO what lsh then
! knew of Wards pcclliaritics His memory defect
! i've MI Fish -aid ho remained al tho bank on
! Nay g. ISL until p m, waiting
Tor Ward appear deposit tho money 10 cover tnc
money hc could Oh loans In hopes OF better dayy" IAe
| Vanderbilt check for SlJo"pO was received on iAc
couue. Ii-A ana not know that Icft s3opO 10 Wrl7
| credit. ON March - l-71, he h"d WILL" 10 N"id
Lie short, Oft hear quoted Tins EIr busl
ness is much. We are carrying too much and on
| Collateral which no other bank woIld recognize II
| something can't bc done to relieve the bank, shall
leave iir F-u explained that he meant to retire from
Mr FISH pronounced ward reniss and given To excuses
for failure IN keeping MS promises. so we determined
G.l lie aid not tell what the "Whcn he sld
! tAat tue check for $1,000 was withdraw, sad MI
Fr-t National Bank" Mr. Fish carefully repeated the
telephone story and wards assurance lt 'ho CHECKS
Juror Buticr-Are you sure he said thatl
Mr. Fish had not thought it strange that Ward sad ne
$-l 900 check would not be used That check came IN
Sad he; ward, t1at check Of S-o 900 has come IN
Then hc sad he would see about that something was
wrong aud no co'Ddn't understand It, lie said he'd
make It good he % Idnt s9y now, ,, ,,o .,,,,,o
Mr. Ward what do you mean to do now that check has
Sir. FISH c1citcd!y-I believed him an honorable,
truthful man, whom I ntrusted oycUthing had IN
the world & supposed sG S aa "d Fsen W yHg Snec~
Q.-Whcn dti you first stale TO the District Attorney
that Ward was to provide for the two chccksi A-I"o
Mr. FISH SAID he expected that ward at tha: tune
would gct from 300 900 fOO, 900 in loans sccur
ties lie was excused pending an c1ahhA'loh ol thc
books to verify the accounts and TOOK his seat Jew
| feet from " Buck Grant
| FIsHs BROTHER TESUF1ES
Benjamin Fish, the payingtellor who closely rcscm
! bles his older brother IN formation of head and IN
full Gush Of face. cOrrobOraed the telephone story
| He swOre that no had heard both conversations
over telephone with Ward and recognized his voice
lie all the morning conversation regarding
the 900 check and most OF Wards answers over tho
S7i 500 check about y. was standing near tho
president OF the bank said he, " when he called up
Ward lie did not have The trumpet close TO MS ear
| Wards answer tho 81 500 check that those
checks right, send them through the money Is
| In the bank "
| MI Purdy-Arc you sure A.-As sure as am sitting
| here.
| Mr. Fisl-SiX inches.
| The uIOr-C Could you hear that distancel Ayes.
Juror Butler Was the closed At was m the