Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-10-29
WARD GUILTY
Of Larceny in the First Degree
Penalty Ten Years.
VERDICT OF THE JURY THIS MORNING
A Telling Speech From Wards Counsel
Fish's Testimony to be Taken
With Salt.
WARNER ON THE WITNESS STAND.

New YORK, October 28.-When the
Ward trial opened this morning Mr.. Coch-
ran, for the defense, requested that hia
Honor direct some one to get the official
record of the conviction and sentence OF
James D. Fish. 1t was agreed, after some
discussion, that the printed reports should
be accepted.
George Spencer, book keeper in the
employ of Grant & Ward, was called He
deposed that he was present at the hearing
before Referee Cole, and that he saw Ward
there as q witness. The minutes wer then
read relating to Wards action on the
memorable day when he had visited his
country seat at Strawberry Hill, Conn,
learned of the failure OF Grant 4 Ward on
his arrival in New York, and the circuit
GUS way he had returned to his house in
Brooklyn, getting in through the stable.
Witness having left the stand, the Dis.
trict Attorney arose, aud said; The peo'
pie rect"
General Tracy then arose and said: Il
move that the people be compelled TO elec'
on which indictment they move for con-
viction.
Why asked His Honor.
They must elect, because Mr.. Ward is
charged with three different crimes-ob
tanning money under false pretenses, grand
larceny and obtaining q signature 10 a
written instrument
The various counts of the indictment
we're read both 5y the Judge and by Genera!
Tracy.
'Well, let the case 90 the jury" said
Judge Barrett. They may have TO elect
before all the evidence is in"
81 make the motion now, SO as not to
waive any rights
Mr.. Cochran then opened for the de
tense. be slowly arose aud faced the
iury. There was sudden silence through
out the room, aud every head was bent
forward in expectancy. lie began by say
in, that il would be idle to deny that Ward
was in the Court charged with all sorts OF
crime, hut the Jury must remember be Is
presumably innocent until justice proves
him otherwise. He stands charged with
obtaining 81 900 by false and fraudulent
pretenses ftom Mr.. Fish. The jury must
divert their minds from everything else
than what appertsins to the charge.
Then Mr.. Cochran entered into Il lengthy
argument TO show that Fish's testimony
should be taken only for what it was worth.
Fish he said, was convict, and at
liberty to testify as he pleased without Tear
of further punishment He might perjure
himself if he wished to. Mr.. Cochran
claimed that the Marine Bank had been
in difficulty for years aud that Ward, 10
stead of trying to drag the bank down,
was using every effort to get money tor 1t
Vixen Mr.. Cochran was in the midst OF
his most severe sentences, Fish entered the
room. He stopped short as he heard hi'
name spoken, but did not appear to be dis.
turbed. He took his seat ju.t behind
Ward.
Throughout his speech Mr. Cochran was
listened to with great interest. As he
ceased ppeaking sensation was caused oy
his calling out loudly and abruptly, "Nll-
liam s. Warner" No one had seen the
receiver of the now celebrated check enter
the room and the surprise at his appear
snce was great. He was the first witness
for the defense. During his testimony
when he told that the check had been re,
ceived for money invested, as ne sup
posed in Government contracts, there was
a ripple oflaughter throughout the room
Julian T. Davies, assignee OF Grant y
Ward, testified concerning certain sec4r'-
ties which remained after the failure de
said thct when he assumed Office he found
about 500 in the Office Of Grant y Ward
and the bank accounts overdrawn.
THE VERDICT.
Nrw YoRH October 29.-At l245
o'clock this morning the jury in the Ward
case re.entered the court and rendered q
verdict of larceny in the Grst degree. Tue
penalty is ten years, within the discretion
Cf the court.