The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-23
FERD WARD In COURT.
A Large Crowd in Observation-Disclosures
Demurrer misunderstanding Jury.


people filled the Court of Oyer and Terminer,
this morning, to listen to the proceedings in the
trial of Ferdinand Ward. The latter was pres
ent in. the custody of the warden of Ludlow
street Jail. His face was pale with his long con-
fnement, but otherwise he appeared as usual.
When the district attorney called Wards case,
General Tracy, Wards counsel, stated that he
desired to withdraw the pleas of not guilty, which
his client had entered in presenting demurrer.
The General called the attention of the court to
the fifth count in the Indictment He said it
was for the same offense as that charged in the
first count, larceny and obtaining goods under
false pretenses There were, therefore, two dis
tinct crimes charged in different counts of the
same Indictment
Judge Barrett replied that if the two crimes
were really but different aspects of the same
facts, they could properly be embraced under the
same indictment. AS the court considered the
crimes as different aspects of the same facts, the
demurrer was overruled
The prisoner was called on to plead again. and
his counsel changed his plea to not guilty.
The work OF obtaining jury was then COM
menced. and Moses Huntoon was the first Juror
who was accepted oy both Sides
Up to the adjournment of the court for the
day. only four jurors were obtained. The dis
trict attorney moved that Ward be confined in
the Tombs during the trial, and the motion was
granted by the court. Ward was taken to the
Toombs by two detectives Fish was also handed
over to two detectives, who will have charge of
him till after he is examined.
William S. Warner appeared before a United
States commissioner, to-day. to answer a charge
OF acting in collusion with Ferdinand Ward to
defrand the Marine Bank. Warner was repre-
sented by large array of counsel, while AS
sistant District Attorneys Foster and Tiff repre-
Sented the government
Receiver Johnston, of the Marine Bank was
the first witness. The minute book of the d-
rectors' meeting showed that on Jan. IL, 1884
Ward was elected director of the bank. The
book was admitted in evidence %Mr Johnston
stated that he could not produce Wards check
for the $8l 900 asked for in the subpoena duces
tecum, as District Attorney MARITIME had it, but
he thought he could produce the check at sub
seQuent session of the examination. The check
came into the custody of witness when he became
receiver. In speaking about certain documents
of the Marine Bank, the receiver said he had not
seen them from the time of the first trial until
last Friday, when he saw them in Martine's Gus
tody. he having received them from Elihu Root
Nathan Daboll, formerly assistant cashier of
the Marine Bank. identified the ledger and said
that 1T contained Wards account from January
TO May 6, 1884
General Foster offered that portion of the book
which referred to Wards account in evidence
District Attorney Dorsheimer said that the
charge was against Ward and Warner jointly
An indictment WAS sought against Warner as
principal, and also against him as an abettor
Wards counsel insisted that. while the evil
dence might be good as against Ward it could
not hold against Warner The witness said that
he did not know Ward had overdrawn his ac-
count at the Marine Bank on May 3, 1884 The
witness then presented an abstract of the ac
count of Ferdinand Ward extending from
April 10 to May 6. 1884. This was marked for
Identification. Others of Wards books and ac-
counts were identified, and the case was ad-
iourned until Saturday