Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-10-29
New YORK, Oct. oS.

New YORK, Oct. %.
In Wards trial the prosecution rested their
case Wednesday morning. and ex-Judge
Cochrane opened for the defence. He said
that his client had been bounded by the press.
by financial men, and BY members of prom
inent family, but the jury had to consider
only the evidence and render 4 verdict ac-
cordingly. Fish, he said, went on to the
stand As not responsible witness, and it was
the first time that q convict was called to the
stand to testify against prisoner in the court
of oyer and terminer.
Fish was q convict and. and his character
when known as witness, prevented his being
liable for perjury and anything less than mur-
der. Fish comes here, and animated BY
venom, swears TO anything that comes into
his head, and being utterly irresponsible, he
knows he cannot be held responsible. If he
testified to try and send Ward to prison, he
is probably working for pardon by making
Ward his scape-gost In 1882, the bank was
in difficulties and Fish's testimony could not
be considered without corroborative testi-
mony. On the evidence, q verdict of gully
is impossible. Fish was continually solicit
ing Ward for help.
VIM. S. Warner, who had entered the
room during the remarks of the lawyer, was
then called to the stand tor the defence He
testified that he knew Ward and recognized
the check for S7l, 800, which he had received
in the ordinary course of business. After
certifcation by the Marine bank, it was de-
posted in the American Exchange bank. On
Warner said he had re-
ceived the check in Wards private office and
at the time, he had with him obligations on
which the money was due. The amount was
ha in
Ward on government contracts. The wit
ness could not remember the form of the OBJ
legation, but it was due that day, MAY 5th
lS84.) The differences due on investments
resulted in his getting check for
S7l 800. All the contracts were made direct
with Ward in his private Office. On May
9TH he received contract for a much larger
sum than $7l 1900, which only represented
the profit of an old transaction. Warner did
not know whe.e the contracts were but
thought possibly he had some in his pos
session.
Julien 7. Davies, receiver for Grant &
Ward, next testified: He took possession of
the assets Of Grant & Ward on May 9Th. s4
he had partial list of the securities of the
firm which were found in boxes in the
Bankers Safe Deposit Co., which place the
witness had visited in company of U. S.
Grant, Jr. He didn't know the value of the
securities and could not tell the names of the
parties who brought suits about them, so
great was their number. Some of the Sc
curities had been delivered to their owners
on their paying the loans for which they had
been pledged; others were valueless and
some were awaiting disposal bv direction of
the court. OF the $4,000 in bonds of the
Buffalo & New York railroad Senator Chaffee
Totx
Benz. Fish also claimed some bonds and 1--WE
delivered to him by order of the court In
one package where l25 bonds should have
been l24 were found to be missing He had
found 500 in the office on taking possession
and the bank account was overdrawn The
assignment of Grant & Ward was here offered
in evidence.
VIM. c. Smith testified that between Nav
3rd and May 9TH he had been negotiating
loans for Grant & Ward, but did not known
what became of the money realized He
could not approximate the amount of loans
made by the firm; was representative of the
firm on stock exchange and also knew James
ID. Fish.
This witness virtually closed the case for
the defence
Gen. Tracy offered to allow the jury to
test whether or not one could use the tele
phone and another standing by him could dis
tinguish voices.
Geo. S. Spencer was called to the stand by
the district attorney, but added nothing new
to the testimony as previously given.
Gen. Tracy asked the district attorney to
elect upon which count he decided to leave
to the jury.
1--WE elect the second and fourth counts"
said the district attorney.
Then" said Gen. Tracy, "I move the
acquttal of Ward as the evidence does not
bear out the indictment"
The court denied the motion.
Gen. Tracy began at $50 p. NJ, summing
up the case for the prisoner. The only issue
he said was whether Ward had obtained the
S71 800 certified check through fraud. Fish
did not make the charge till he was convict
ed of misappropriation. There was no evil
dence that Ward had the check certified or
effected certlication by his agents, and be-
sides all Fish's testimony here was different
from that he gave on his own trial. Now
Fish had no more fear of the law and could
tell any story he wished to concoct, and the
charge on which Ward was now being tried
had not been concocted till after Fish's con-
viction. Now burning with hatred and envy.
Fish is trying to bring to the state prison a
man who has been his friend. 1t was hard
to give credence to the evidence of a convict
who had no future, no hope and was prac-
tically sentenced to prison for life.
While Gen. Tracy was speaking Col. Fred
Grant and Judges Traux and Van Voorst
entered the room.
Col. Fellows summed up for the people.
beginning his address at o'clock. Ward
sat quietly while he listened to Col. Fellows
recite the history of the check and declared
Ward alone was being benefited by the check
and was clearly guilty of grand larceny.
Ward got the money and the only question
was whether Ward acted with fraudulent in
tent Fish was the only man who knew all
the banks transactions with Ward. II was
true he was convict, but the jury must de-
eide what credit was to be attached to his
plain, unvarnished story and the substance OF
the evidence he gave. 1t would not be proper
for Fish to be sent to prison and Ward 90
unwhipped.
Judge Barrett began his charged at $50.
He defined the law and read the statute COW
ering the crime charged. The question was
A. to whether the defendant had an intent to
defraud and if such character az to deceive
person of ordinary prudence. Had Ward
procured S71, 800 in such q way the whole
case rested on one point-did Ward obtain
the certiication of the 97l 800 check. 1t was
for the jury to decide on the evidence OF
James ID. Fish and bis brother, the testimony
of neither being contradicted. Ward alone
was on trial, but justice too was on trial.
Public clamor should not influence the iurv
and lssf of al nonov shorld rae ;-...r-