New-York tribune., 1885-10-20
WHEN WILL WARD BE Tp1rr,
THE. CASE POSTPONED TILL Turps,.,
wARNER's ARREST sPoLs AN IvDrcruyxr

| WARNERS ARREST sPolLs AN INDlCrupxr
ONE PREsENTED-wHERE IS ToBEy, W."
Once more the fOrmality of attemn,;.
beginning In the trial of the case Of ths
against Ferdinand Ward was gone through op's
terday, and once more there wos =" Yes
mcnt. Ward appeared with bis coupss, p"s'p'ne
b. F. Tracy and W. Bourke Cochran ,s'us'al
Court OF oyer and Termiaer at II a. d. JustIco tae
! sat on tho bench Ward dressed in dark 49,,
suit and aVr cce.rd. as usual the picture OF ss,
neatnsss lie wore his ousiOa::sy simple Tia nns
turn-down collar. and his hair was carefny' -.-
back from his striking brow. He was male h..
! possessed. His elder brother, William Ward wa. @ Ss
| him. Warden Kiernan brought up the rear wa
| Gaming OF Yanderpoel Green & Cunning wno :, i'f
attorney OF william Ward. was one OF the party !"
eral Tracy took seat nearly directly in front o; %
Barrett, Mr.. Cochran sat next him. then Ward ana y.
brother completed the line OF the defence :"
Assistant District Attorney Ambrose IT, Purdv ~,
haud carly. William A. Purringon. the attorney :, Va
Grants, was also present. Chief Clerk Spark. we va
position Stcnograrher Bonyngo got his stylus read
ClerL Walsh stood at the wheel s
District Attorney MARITIME entered the room, and -
ali was In order created state of things nv 80,
Your Honor in the of Ferdinand Ward tbe ~ *
arc somewhat surprised they find by reason =, ~
action in another tribunal that important ytn., -
the People may be disqualified or disncned to tse,
In view Of that fact. and that nVther witue,s 20, ~
People, former officer OF the Marine Bank Is rom.
to be n poor health and that certificates to that c.. ~
ready for production. the Pco pic feel In doubt whsb,.
move to trial on this indictment have declined 4. ~.
case OF the witness VIII is Ill to consent TO ,oS,r
ment. We feel under these circumstances thar :,
cannot proceed with this Indictment There are o.s
indictments, however. and ask leave proceed rh
them" Dir MARITIME had Mr.. Warner IN his eva All
disqualified witness.
Mr. Cochran rose with great dignity and asked Nh,
Indictment Mr.. MARITIME wished to 90 or with H.
District Attorney said that It was one ordered by "A.
Grand Jury Friday last Mr. Cochran rrcclaimeAu u
Injustice OF such proceeding, and as be had lears,
that Mr. Warner had been before the Grand jury a.
wanted his testimony as given there. Ward he declrs1
was anxious be tried and mad always been so: In,
when a ncw Indictment had suddenly been substituted
the court should first inform itself whether the detA
ants rights were thereby i ured and whether the cas-
should be prOccCedei with.
Nathan d. Daboll, the former assistant easbl., ,
charge Of tho loan branch OF the Marine National baak
proved TO be the sick man IN The ease Physician
certificates put ia that he subject 10 hemOaar
Of tbe lungs ana tuberculosis, and that exposure &
turmoil aud excitement OF giving Testimony migbt
produce fatal results.
Justice Barrett called attention to the fact that several
indictments hanging over Ward and he did "a
why tile District Attorney should not move one a
them as they all in transactions Of the geasr
character General Tracy said that the prisoner va
largely at the mercy the District but that IA
had some rghts The Dlstrict-AttOrney ready
move the trial the indictment which Ward at
his counsel prepared bar On Lew pFesenlAl
that morning. The counsel should least have tine
to examine the Indictment to learn II they could 20 on
An adjournment taken TO y. m for this purTose
The Indictment on which the District Attorney Ia.
In ended proceed set forth nat Ward had stolen an
aggregate OF 900 in obtaining three loans upon sok
signed BY q. :. Grant ir for $4,000 olsby
George l.. spencer for $4,000 and one by t. L. Dots
for $4,000. These sums were obtained by Wangs
falsely pretending that lie had deposited cclstesI
securities the sums and causing Assistant Cashier
Dabo 10 make ont loan ticket envelope parIgt
ing contain securities. IL turned out the iRdst
et charges tnat there were 70 securities 10 the enre
The ftft fNed Warf
OF -certlncatiOn. 4 his indictment IL based
part Of the facts set forth In United states Dstci
Attorney Dorsheimers aiidavits against Ward aud
Warner On the morning OF May >. 1854 the dag beiOs
the failure. Ward drew check for $1,000 on tie Fist
National Bank and presented check Tor vi 500 al he
Marine Bauk for certincatiOn on the credit Of the OtA
check although he had nothing Ia his credit at the bank
nj least only triOlng sum. The check for s1lsg
went to WarGer. The Indictment charges grand larey
five counts viz obtaining 81 500 10y iase petehc
81. 800 by false draft getting certca0L by fls
draft and obtaining the signature Of the paying teer
At 2 ,. m all the lawyers. Ward and the District
Attorney aud his aids Appeared again IN court to
pOstpOlemcnt necessary. Ward locked calm and
prepared for anything Mr. C"ckran looked grim q
Tracy broke the seuce by declaring that lie had barely
had time TO read the indictment and to ascertaa
indictments which lie had abJred IN n. sulBrs
mouths. Il developed grave questions OF law and wa
new charges Implied crime. In grave q mater aay
lawyer would want few days time 70 tAlHk. ~
Thurs lay he could tell whether ne NOulu nc
10 quash the Indictment, u deuur. or what tode
Mr. Cochran made plea in the same direction deel2r-
get f. H. rsbey xitness The trial Was SET down iss
Thursday. The Ilea Of not guilty was formally entered
District Attorney MARITIME was asked why it was that
he had taken up the new udictent instead OF soIas
answered II IS because think this last lndietmeaI
will best the interests ,: the People II ehlses
Ward with grand larceny on transaction which tn.
can be clearly end easily proved. IL presents tae
strongest case OF all the Indictments against Ward
Il IL not peculiar that this indictment should prsens
the same ton rs that set forth IL Mr. DoFs-
helmer's affidavit T.
It may seem peculiar coincidence; but the chate
embraced IN the indictment Is not new 10 me. y hA
Eno Wedge whatever what Mr Dorsheiiaer dS1s
POSITION that he Is 70 be tried in another court"
Have you tested him Oh thar point 4
United states District Attorney Dorshemer when hn
attention ose 10 the statements that the arre:,
Warner likely TO lead embarrassment Ia tue VA
OF Ward the Court OF oyer aid Termpcr, SAD; leo
not how the arrest OF Warner can affect the case
the State cOnrts except on one supposOn. warner e
be called and used witness jus. though be had na
been arrested. There would be difference OF c9afse
Mr.. Ma7ne had assured Warner that he would not o
proceeded against II he testified II Warner 70 tea
states evidence there must be something against Lh
evidence enough 10 convict both Ward aud Warner !
want Ia say that the investigation THAI lea 10 aISs
started outside of office but has beca
under my direction. No other Office l. IN an! v"
Mr. denied that he mad ever had any idea otuss
Warner is indicted here" he sad. an: taere
truth I'm these stories which are being circulated"
+. g. Tobey. the brOtl er OF l.. ii. TJbey' SAYS
brother Is still in the country somewhere, as he II oeI
being there in the fall. He said yesterday thas On
brother. th tyseyen years old. was few years ss
discount clerk In the First National Bank OF IOEtAa-
Me-. then went West. was next In the cmplty W ~.
Windsor Hotel In this city, and then became casne, M
W. X. Grace 4 Co. He has no idea when lie DfOu
will back The District Attorney has ai'' s'Os'
for Iobey.
LAYING TIE CORNER STONE OF 4 CHURCH.