Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-10-31
BY WIRE TODAY.
Judge Barrett Gives Ferdinand
Ward the Extreme Penalty
A Sentence of Ten Years
Followed by a Motion
for an arrest of
Judgment.
Ex-Justice Vincent, Of New Mexico,
Receives Little Comfort at Po-
liticaI Headquarters.
Forecast of the Vote of Several
Dakota Cities on the Tempo
rary Location of the
Capital.
Ward Sentenced.

WAS senteHCeu Oy JuuBe Barrett to-day,
to the state prison for ten years.
Ferdinand Ward, smiling and perfect
ly self possessed, came into the crowded
court room this morning to receive the
sentence of the law for the crime of
which he had been convicted. The
sheriff and warden of the Ludlow
street Jail accompanied him. Throwing
of his overcoat with an easy air,
he shook hands with his counsel.
As he looked around the room he saw q
few familiar faces. The jury by which
Ward was found guilty was not present
in a body, but a number of juryman &C.
cupied seats in the court room. The
box, however, was not empty; it was oc-
cupied by court attaches and others
who had dropped in to
hear the sentence pronounce
ed. The court clerk was promptly
on hand with his assistant. The Judge,
however, was late and did not arrive nm
til twenty minutes after the appointed
time. When the machinery of the law
YVES set in motion a persistent lawyer
arose and asked fora stay of proceed
1ngs IN case of assault.
Judge Barrett tried to persuade
the lawyer to wait until later in the day,
but he was 80 persistent that the Judge
was obliged to bear him then and there
and granted the proceedings, When the
latter had been disposed 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. His counsel at the
last session of this court gave
notice that at this time a
motion for q new trial would be made
and l move that a motion be made"
At this General Tracy, Wards counsel,
arose and said: "The defendant, Ferdi-
nand Ward, oves this court that jude-
ment In this action be arrested. First,
on the ground that the facts stated IN
In the second count of the Indictment
did not constitute q crime; second, as
the defendant was a director of the
national bank, and the evidence charges
HIM with procuring an unlawful certlf-
cation of his OWE check by that national
bank, this court has not Jurisdiction on
the subject of the indictment.
The bill of exceptions upon which the
defendant asks for a new trial reads as
follows:
First-In charging the jury that there
was sufficient evidence to convict.
Second-In charging the jury on the
several propositions to which upon the
trial exceptions are taken and noted on
behalf OF the defendant as appears up
on the minutes of the trial,
3rd-In refusing to charge the iury.
upon the several matters requested by the
to which refusal exceptions
were then and there taken and noted,
4th-In refusing to advise the jury to
acquit the defendant.
6th-In refusing to direct the jury to
acqult the defendant and to which re-
tasal the defendant duly excepted.
eth-In refusing to direct the jury to
acquit the defendant on the ground of
between the proof and the iu-
iictment and to which exception was
After the bill Of exceptions was read
Attorney Martin made q mo-
ion that Ferdinand Ward be sentenced
oy the court.
Ward arose and stood in front of the
Dor by the side of his counsel; his face
Vas pale but firm. He did not finch as
udge Barrett pronounced his sentence.
'ut stood unmoved while the court pro-
aounced his condemnation. The court
DOM was hushed and an impressive sill
nee fell upon the crowd who watch
ID tho prisoner with eager
less: Ward, you have been
convicted by an intelligent and con-
eientious jury" began the judge. You
Y certainly had a fair and impartial
rial; the Jurors were most carefully Sc
ected and came to the trial of
case with apparently un.
'reludiced minds; the court guarded
III your rights and privileges from
Infringement to the best of his
you were convicted because you
lad no defense to the facts; it is only q
batter for conjecture why SO intelligent
Jury should have taken 30 long to de-.
ide your case; if your case had been
has OF a person wholly
Unknown the jury need not
AVE left their seats; on the con-
rary, your case has had the benefit of
than a careful consideration and
GU have been most ably defended by
our counsel and his
ddress was as brilliant and
chclarly as any n ever heard in this |
ourt room and made in your defense;
GU were not convicted on popular /
the jury probably delayed in it's I
alignment because they were afraid thst I
4 some way they might be ac- t
used OF being influenced by popu-
" cianor which tended to make
1e conviction doubtful; 1 have !
othing to say to you in the way of /
only because l think it would be 4
holly u%seless; you have shown your. :
III to be wholly Indifferent throughout. [
lis trial of the charges which have been 4