Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-11-02
Scathing Remarks Of Judge Barrett
In Pr0nounCiDg Sentence.
Ward Takes the Sentence Perfectly
Cool and Self Possessed.
The Bill of Exceptions of the De-
tense.


if and the warden of Ludlow street Jail &C.
companied him. He threw of his coat
with an easy air and bowed and shook
hands with his counsel. AS he looked
around the room he saw few familiar
faces. The jury by which Ward had been
found guilty was not present in body, but
o number Of the jurymen occupied seats in
the court room. The box seat, however
was not empty it was occupied BY couri
attaches, budding limbs Of the law and
others who had dropped in to hear the Lit
tie Napoleon of Wall Street sentenced
The court clerk was promptly on hand
with his assistant. The judge, however
was late and Gid not arrive until twenty
minutes af.er the appoited hour, when the
machinery Of the law was set in motion,
A persistent lawyer arose aud asked for q
stay Of proceedings in rape case. Judge
Barrett tried, in gentle way, TO persuade
the lawyer to wait until later in the day,
but the latter was 30 earnest aud bent on
having his own way that the court was
compelled to listen to him then and there.
Judge Barrett granted the stay Of pro-
ceedipgs. When the matter had been dis,
posed of the District Attorney arose and
said: Ferdinand Ward, the prisoner at
the bar, has been found guilty Of the crime
with which he was charged. The counsel
at the last session Of this court gave notice
that at this time q motion for new trial
would be made. move that the motion
be made st this time. General Tracy, Of
Wards counsel, arose, and in low tone,
scarcely audible ten feet away, said: The
defendant Ferdinand Ward, moves that
judgement in this action be arrested
First ton the ground that the fact
stated ia the second count of the indict.
ment do not constitute crime.
Second On the ground that the de-
PENDANT, being a director of National
bank, and the evidence charges him with
procuring the unlawful certifcation Of his
own check by that National bank, this
court has not jurisdiction of the subject OF
the indictment. The bill of exceptions
upon which the defendant asks for a new
trial read as follows:
PLEA OF THE DEFENSE.
First-In charging the jury that there
was sufficient evidence 10 convict.
Second-In charging the jury the sever
al propositions to which, upon the trial. ex
cep,ions we're taken and noted on behalf
OF the defendant. as appears upon the
minutes Of the trial.
Tbird.-In refusing to charge the jury
the several matters requested BY the de-
e ndaDt TO which refusal exceptions were
then and there taken and noted.
Fourth. refusing 10 advise the jury
TO acquit the defendant, and to which re-
fusAl The duly took exceptions.
Fifth.-In refusing to direct the Jury to
scouit the defendant, and to which refusal
the defendant duly excepted.
Sixth.-Iu refusing to direct the Jury to
acquit the defendant on the ground of a
variance between the proof aud the indict'
ment, TO which exceptions were dolly taken
When General Tracy had finished reading
this bill OF exceptions and had taken his
seat, District Attorney MARITIME made this
notion: Il move that Ferdinand Ward
be now sentenced by the court" Ward
arose and stood in front Of the bar By the
side OF his counsel His face was pale but
firm. He did not finch as Judge Barrett
pronounced the sentence, but stood I'M
moved while the court poured upon his
head the
WORDS or CONDEMNATION.
The court room was hushed and an almost
impressive silence fell upon the several
hundred men, who watched the prisoner
with feverish eagerness. Ward, you have
been convicted By an intelligent
and conscientious Jury, Of the crime
of which you have been charged" began
the Judge, directing bis gaze upon the
prisoner, who stood before him; you have
certainly had fsir and impartial trial,
The Jurors were most carefully selected and
came to the trial OF your case With sppar'
emily unprejudiced minds. The court
guarded all your gifts and privileges from
Infringement to the best Of his ability.
You were convicted because you had no
defense. You offered no defense TO the
facts. 1t is only matter for conjecture
why 80 intelligent Jury should have
taken 80 long time to decide your case.
If YOUR case had been that oil q
person wholly unknown the jury needed
not to have left their seats. On the con-
trary your case has had the benefit OF q
more than careful consideration. You
have been mott ably defended by your
counsel and an address as brilliant and
scholarly as any ever heard in the court
room was made in your defense. You
we're not convicted on popular clamor.
The jury probably delayed in its judgment
because they were afraid that in some way
they might be accused Of being
Influenced by popular clsmor, which
tended to make that conviction doubtful
| have nothing to say to you in the way Of
a homily, because | think it would be
wholly useless. You have shown yourself
10 be Wholly Indifferent throughout thin
trial Of the charges which have been
brought sgsinst you. You seem to exper
fence no remorse whatever over the ruin
and sorrow which you have brought tr
hundreds Of people IN this country. You
have done more to unsettle public conf
dence in moneyed institutions than every
other man Of this generation, and yet
through this entire Iisl, you have shoEr
yourself to be wholly unrepentant for the
sibs you haze committed. This being The
fact, l must simply content myself viii
pronouncing
THE SENTENCE
Of the court, which is, that You shall b
confined in the states prison at hard labol
for the period Of ten years, Not muscle
Of the prisoners face changed while thes'
scathing remarks were made. He boWeC
bis head, but did not tremble or show 80!
evidence of feeling. Ward wss'quickll
surrounded by his friends. he put on bi
oyercoot, took up his Derby hat and lef
the court room, accompanied BY hi
keepers.
Ward was taken to Sing SiEg pripn OF
the 2:S0 p. m train to-day, from the Grant
Central depot. he wss accompanied b.
Sheriff Davidson and Warden Herman.
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