New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-29
on the contract business But the question was ruled

tbore iy were great many of them. don't remember
whether 1t was in April think ~ was 5e 80 ne In
vestments with Mr.. Ward. in his private olics;
Q-On what did you make those investmentsi
Mr. Nioo was shut off by an objection. II wish 70
show that there was no valid contract" said Mr. Nicon
General Iracy-what of It'll That has no bearing on
Mr. Nicoll-It has a bearing on the defendants intent
General TracyIt is not charged that he intended 10
defraud the Marine Bank.
The objection sustained General Tracy insisted
that the written contracts the best evidence
Mr.. warner-I invested money with Grant 4 Ward on
their assurance
Another objection stopped Mr.. Warner.
Mr. Warner was allowed to say that he had actually
received the contracts maturing May o. on which nc hau
made his investments he did not have the contr'cts
with him. Mr. Nicoll said he himself had the coupons
attached to contracts but he did not have the con-
tracts themselves Mr.. Warner did not know whether
or not had the contracts maturing on Nay 81 he had
some contracts The contracts of the same general
form.
Mr. Nicoll-Did You have any conversation with Mr..
Ward when you took the contracts Al recohocI ho
particular conversation. 80 --,-. .,o
$7i 800 check A.-Betweeu aud 2:3O.
Mr. Warner was excused and left the room with his
attorneys stating that he would produce the con-
tracts to which the coupons maturing on May "cro
at ached, II so desired.
Julen r. Davies was next called and said he
had n list Of the securities of Grant 4 Ward
which had into his hands as receiver OF the hrm
General Tracy wish TO learn whore Mr. DAVIES h"u
found the securities MI Purdy objected. but Justice
Barrett thought that Grant x Wards speciai ana
Wards private accounts were so mixed tDat h'Hc
light couldn't hurt them
Mr.. Davles-Those accounts were found IN boxes NO:
81 and q tho Bankers safe Deposit COMPANY M Il,
l2:45 D. m. on May g. 1854. I was taken there ABOUT
noon by L. g. Grant jr, and got the securities ana IN
tho presence of my attorney W. b. HoTnbOwei maze
list Of them.
Mr. Davies read off an extended list of the securities
he had found which have already appeared in the pub
lshed list of the Grant & Ward schedules. lot OF
mining worthless stocks had been added to the list since
Mr. Davies about TO step down, when Mr. Purdy
jumped up and said
Wait one moment, Mr. Davies we've only just begun
We show that every one of these securities ne
longcd to somebody else than Grant ward HAS any
claim been made for that property
Mr. Davies-rhere has been There nave Oeon so many
suits that il is difficult 10 state tncm
Mr.. Purdy took up the first ten OF thirty second
mortgage gold bonds OF the Chicago and Atlantic Rail
road Company, and said that the Erie road claimed
these He then went through the list showing that
Manhattan Beach Company securities had been claimed
by william c. Smith They had been ordered sold Tor
the account Of Mr.. Smith Ohio Central certificates had
been claimed by James X. Jessup as being collateral III
loans made by him. New-York. New-Iaven and Hart
ford bonds had been claimed by man nared Tyler,
"Buck" here appeared In order TO listen 10 MT
Davess recital OF who the owners OF all the secur
ties supposed to belong 10 Grant * Ward
Mr. Davies said lie had already sold the East Tenncs-
for the account of Mr. Smith Other claimants
OF the various securities we're Commodore Garrison
Jerome B. Chafee. for $40 shares OF New-1orK Buu"o
and Philadelphia stock and Elisha spicer Tor uuli'
Colorado and Santa Fe stock OF 2AoO chares OF koc
ester and Pittsburg, 300 had been rehypothecated
and only five found. Generally" said Mr. Davies,
"nenry all these securities claimed by Jerome T.
Chanee and by Receiver Johnston" stl other claim'
ants OF these securities Benjamin Fish aud Captain
Ambrose Snow.
Mr.. Purdy-Now, Mr. Davies. state how much money
Won have received asst gnee and receiver OF Grant
Ward on their assets Al found 800 In the once 3I
Grant a Ward when became receiver, ana ther Dahk
account was ovcrdrawn.
recess was taken here. william c. smith, OF Brook
lvn novt he had con6d""@@ q" "'N"'
& Ward and had loaned the firm money on se;utitos
which had been rehypothecated. Mr. Purdy went INTO
forensic Mysteries because he was not allowed TO qu
tion Mr. smith as to his experience Marine Bank
telephone.
variou, propositions were submitted by Wards
! counsel relative TO giving the jury chance
to test telephones and their to convey artieuate
sounds 20 a point eighteen IN hes from the listener Inc
Dstrct-AtOrney had Professor Morton OF the stevens
Institute on hand expert, and wanted testimony
OF that kind The telephone matter was hhay diOPPcu
~ 'N3pm M General Tracy said THAT is our case"
He then Insisted that Mr. MARITIME should elect on What
count of the Indictment he would 60 TO the jury justice
W'rrine sail 1--WE take tne second and fourth count
General Tracy wished OF these two chosen JusIG
Barrett held that the two counts were not essentially
| different. ,, , IT,, M
General Tracy next moved the acquittal OF ward on
the ground of variance the indictment ana tho
proof This was refused. Other formal motions were
| TIE CLOSING ARGUMENTS
| Athalfpast 3 General Tracy began summing up the
case I'm behalf Of Ferdinand Ward The prisoner placed
his right elbow the table before him aud eancdf0rward
with his open palm supporting his chin General Tracy
first asked the Jury examine solemny their wnhcart-
and ascertain il they able Judge the on ts
,srits lie thcn proceeded: Gentlemen OF the jury
what is this wonderful case 1t IS TINS ony ~ t
from the Marine Bank a certincauon OF check
for $7l 800 by false pretcnces That is tc 9ny
to exclude from minds in considering TINS
II you can do that, have apprehensons ot tho re
suit TO sustain the allegations the State must prove
that Warts representations we're ia.e thaI he ke% ~
its property The alleged misrepresentation Is tnat
Ward answering Fish tho telephone, SAID lnc
meet the check Was that representation false in,
it was eyer sIG 6Tonrb was 'srS teiephonc
VINO makes the representation OF the answer over tnc
frstl Not until lie had been convicted for converting
moneys Of that bank 10 his own use. 49,, ,. .
General Tracy read Fi,hs testimony ON this point on
his own trial the testimony that Ward had simply
said over the telephone that he wa; tT{ng 10 rmso c
Fish is situated that lie can swear any
thing he plcases, when he Is smarilh-
forward and swears in a totally different yeiu Why
Because the charge made against Ward has had l
birth since the conviction OF Fish in the United Stao
Court. Did Ward intend to defraud tho bahkt hl
it. was the as DAY q te o bank o1 a KNEW G m
Ward was out cxertng every power to raise ina
money"
General Tracy made a strong point Of the fac
| that Wards third letter to Fish, May D. 1874
, was produced by Fish on his trial Il
proved the good faith OF himself and Ward IN raisn.
| money for the bank Now" lie declared vehemently
FisE after six months OF seTvitude practically sen
fenced life, and all his hopes gonc' comes here
peryert and destroy his own testimony. Ward was t'
raise the money lie failed and, sick at heart he wen
home and the next morning knowing tho disaster ina
awaited his house and the bank he went TO his place II
Connecticut TO await the crash then returned at nigh
and the firm made It's assignment pa e htch" 10 ue M
fraud the Marine Bank What motive had lie to dc
fraud 1t lie must raise money TO prevent IL
failure. There mstive for fraud Next and
most important is the question, was the bank deceived
Was IL the situation Wards representations that le
the bank 10 certify that check Was 1t the fear tn
part of the bank that failure TO certify would lead
disastrous rumors Tho bank had beeh OvercertlfyIn