Morning journal and courier., 1885-10-29
News by Telegraph
 FROM ALL QUARTERS. WARD FOUND GUILTY. Testimony and Evidence Closed, the Jury Retire. THE TABOR-D0WNS DIFFICULTY. Interesting Facts Relative to Their Domestic Relations. BOB COOK OPERATED UPON. A New Phasein the Boston SGnsatiOn--News From
 LOnd0n--Washing-
 ton Notes.
BOB COOK OPERATED UPON.
TRIAL OF FEB DINAND WARD.

TRIAL OF FEE" DINAND WARD. More Testimony Against the Accused Choice of Charges Given-The Jury Retire and i'm a Short Time Find Ward Guilty Room lncf- dents.
 NEW YORK, Oct. 28.=7The features of to- day in the Ward trial were the opening for the defense by Bourke Cochrane and the ap- pearance on the stand of William s. Warner, the man known as the alleged mysterious" partner in Wards transactions. Until to- day Warner has kept his mouth closed as to carefully prepared himself for the occasion. His arraignment of ex President Fishs testi- 1 mony was particularly marked.
 Warner preserved we'll his recently &C., quirec reputation for silence and mystery. The important part of his testimony was his sending the $71 800 check to the bank for certifcation. He caused no little amusement
 when telling of his apparently childlike faith l in the government contracts" Ths court room as usual was crowded The white corpse like face of the convicted bank presi- l dent was seen in the throng part of the time, but he was not again called to the stand. Ulysses S. Grant, jr., was also interesting spectator. Julien T. Davis, the assignee of the firm of Grant and Ward, said receiver he found about $500 in the office and the bank accounts overdrawn. General Tracey offered the assignment of Grant and Ward in evidence. At. 1:20 o'clock the court ad- journed until p. m.
 After the recess William c. Smith, the stock exchange member of the firm of Grant & Ward, was called and told the value of bonds held by the firm on May 5. Grant & Ward had from $5, ,000, ,000 to $S,000,000 in securities. The testimony was finished at 2:40 p. m. MT. Tracy then said: ''The evi- dence now being closed, renew my mo- ton to compel the counsel to select which of the counts the case will go to the jury on." Judge Barrett said that he would require the prosecution to choose the counts. District Attorney Martin then choose the second and fourth. General Tracey asked that they be required the second or fourth and added that there was little difference between them. One charged false pretences and the other the presentation of the check. Under the indictments, he continued, Ward was guilty of nothing. There was no evidence to sus- tain the count or that the bank depended on the representation of Ward. After consider able argument Judge Barrett dismissed the
 motion.
 General Tracey then moved aequittal
 on account of variance between the counts
 and the evidence, and because Ward did not
 present the check, but another person got
 the money, whereas the indictment charges
 Ward with procuring it. Judge Barrett over
 ruling the motion said:
 "A man can't get rid of the penal law by direct
 ing his grocer or broker to obtain money for him
 out of the bank and then say he had nothing to do
 dictment hold it is good. The check in legal eff
 feet is only an @ 10 s rne % Kar Go pay
 the whole ground,
 Gen. Tracey then renewed his motion to
 direct verdict for the defendant. This was
 ove1ruled. Judge Barrett then said that he
 would direct trial only on the second count
 and instruct the jury either to convict CT ac-
 quit on that count. Gen. Tracey then sum
 med up for the defense, urging the jury not
 to rely upon the testimony of convict
 smarting for vengeance. Colonel Fellowes
 followed for the prosecution and pointed out
 that no witness had been brought forward
 by the defense to contradict Fishs state
 ments. At 6:30 p. m. the judge began his
 charge to the jury. In the course of it he
 said: 'I charge you that the certihcation of
 check is an agreement on the part of the
 bank to pay the check. If the bank
 paid this $71,s0o without regard
 was $71,eOO in the First National
 bank then it is not larceny. The question is
 did Ward make misrepresentations on the
 strength of which the certifcation was made.
 If there is doubt in your mind as to this you
 must give defendant the benefit of that
 doubt. If on the other hand you believe he obtained these $71 800 by false representa-
 tions it would be very serious matter to let
 this man go unpunished."
 At 7:15 the jury retired to consider their
 verdict. At 1915 they returned to the court
 room and at the request of Juror Sawyer
 the testimony of John H. Carr, receiving teller of the Marine bank, was read from the
 minutes. The jury then retired.
 At 12:45 the jury returned a verdict of guilty on the second count the one selected by Judge Barrett for their consideration) Wards counsel moved for new trial and Judge Barrett deferred sentence until Satur- day.