The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-10-29
rlIE wARp TRIAL.
The Defense opOns-The speech of Wards
Cnnnael.

New YoRx, Oct. 2S.-When the Ward
trial opened this morning Mr.. Cochran
for the defense, requested that His Honor
direct some one to get the official record oi
the conviction and sentence OF James D.
Fish. It was agreed, after some discus.
sion, 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 hear
ing before Referee Cole, and that he saw
Ward there as a witness. The minutes
were then read relating to Wards action
on the memorable day when he visited
his country aeat at Strawberry Hill, Conn.,,
learned OF the failure OF Grant & Ward on
his arrival in New York, and the circuit
ous way he had returned TO his house in
Brooklyn, getting in through the stable.
Witness having left the stand the Dis
trict Attorney arose and said: "The peo-
pie rest" :.
General Tracy then arose and said: II
move that the people be compelled 10
elect on which indictment they move for
conviction" -
"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 obtSining a signature
to q written instrument.
The various counts Of the Indictment
were read, both by the Judge and by
General Tracy.
"Well, let tho case go TO the jury" said
Judge Barrett. "They may have to elect
before all the evidence is in"
"l make the motion now so as not to
waive any rights"
Mr.. Cochran then opened for the de-
fense. He slowly arose and faced the
Jury. There was sudden silence through
cut the room, and every head was bent
forward in expectancy. He began by say
ing that il would be idle to deny that
Ward was in this Court charged with all
sortP OF crime, bnt the jury must remom-
ber he is presumably innocent until jus.
tice proves him otherwise. He stauds
charged with obtainingS7 900 by falee and
fraudulent pretenses from Mr.. Fish. This
jury must dlvest their minds from every
thing else than what appertains 10 the
charge.
Then Mr.. Cochran entered into a lengthy
argument to show that Fish's testimony
should be taken only for what it wac
worth. "Fish," he said, "was a convict,
and at liberty to testify as he pleased
without fear OF further punishment. He
might psIure himself if he wished to-"
Mr.. Cochran claimed that the Marine
Bank had been in difficulty for years, and
that Ward, instead Of trying to drag the
bank down, was using every effort to get
money for it.
When Mr.. Cochran was in the midst Of
his mes. severe sentences, Fish entered
the room. He stopped short as he heard
his name spoken, but did not appear to be
disturbed. He took his seat just behind
Ward.
Throughout his speech Mr.. Cochran was
listened TO with great interest. AS he
ceased speaking a sensation was caused by
his calling out loudly and abruptly,
William S. Warnerw No one had seen
the receiver OF the now celebrated check
enter the room and the surprise at his sap
pearance was great. He was the first wit. |
ness for the defense. During his tcsti-
mony. when he told that the check bad
beer. received for mouey invested, as he
in Government contracts, there
wasa ripple of laughter Throughout the
room.
Julian T. Davies, assignee Of Grant q
Ward, testified concerning certain securi-
ties which remained after the failure. He
said that when he assumed Office he
found about $7O0in the office Of Grant 4
Ward, and the bank accounts overdrawn.
New YORK, Oct. cat l2:l0 o'clock
this morningthe jury in the Ward case re-
entered the court and returned verdict
Of larceny in the first degree. The penalty
is ten yes,g within the discretion Of the
court.