New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-23
NOTHING MORE FROM WARD.
HIS oRoss.ExAMINATIoN SUSPENDED.
HE SAYS. HOWEVER, THAT HE WILL TELL ALL HE
KNows-TuE ACTION A SURPRISE.

ing Examination from Charles Alexander OF MS
partner OK. Judge Green crossfre from Q. W. Bangs
or Lawyer Hornblower redirect examination from
| General Hubbard. and general bombardment from
legal batteries General Tracy, Wards counsel was In
Brooklyn and so there delay Of an hour Then at
noon score of lawyers brushed up their oralns
the cords of briefs, books, checks, memoranda grip
sacks, exhibits, and documents unnumbered were IN
bounfu array and then proceedings began, whle the
| spectators Oh tho alert
Mr. Ward in clear resonant tone, unusual to him, ex-
planned several matters General Hubbard and then
ex-Judge to tear the witness into peces-t
supposed-iD behalf OF Mr. Warner. First nc testeu
Mr. Wards memory Of his testimony In the MOTIFS
Grant case before Referee Cole May IA, 1884 Mr..
Ward declared emphntically that he could remember
nothing unless lie could have his former testimony In
hand He thought that Mr.. Work was not HE counsel
when the deeds Of transfer OF property to MI warner
| wore made. The questions Of May, 1884. ran:
| Odd not Mr. Warner know that you had no con-
| Odd you tell him you had no contractsf A'-No,
Odd You tell him you had contractsi Ayes. SIR
| Q.-And that was not truef Ayes
Mr. Ward SAID he could say nothing Of this testimony
without the evidence being bofore him. ExJudge
Green then sent shock through all the other lawyers
the piles OF papers and the witness with the following
| address:
Now Mr. Referee. in view Of an application that am
to make and the course am going to take. you
Say IL before make the application 1t is more
venent to do So have attentyely read the testimony
OF Mr. Ward that has thus been taken In this
Iobsorye that the counsel In the CASE and notably my
friend Mr. uornbower. have insisted before the referee
that this case should be proceeded Win IRON day to
day at least so far AS the testimony or MT ward was
concerned. My learned froEd Mr.. Hornblowcr Ger.
tany pursued that nslstment from any lack OF
experience. but probably from an ipfrmy OF memory,
else lie would have remembered as the referee doubtless
will, TINT the very theory upon which causes OF this
description, which involve the taking OF long account,
arc excluded from the hurry and hustle Of trial 10
nisi pTius ana brought before the consideration Ola
referee. Ia that they necessarily Involve careful
nj n
| Now. In this case precolye that large amount
| OF checks, book accounts and summaries has been
presented to tho referee-tho summaries, rs ] under
stand IT, only being admitted rs the result or total In tho
estimate OF inc "lIho-r VINE Tue oriSna 1oSane1s
referee IN thntght, OF course Mr. Ward 20 be cou
| siiered aud treated Somewhat as IN export. Now,
confess for myself that appreciate that there arc OK
ceptona reasons In regard TO the examnntion OF Mr.
category There no desire whatever upon our part 70
procrstinae ths trial nor Is there any desire upon our
part that wheyer benefit may 1e derived rom mo ex-
plantations or Mr. Ward IN regard 10 these figures should
noI be presented TO the referee FOR what ihey are worth
bn 81 course II mas been physlcily ana meh,ay I'm.
possible FOR everybody to 90 over those igares from
| beginning TO end, 70 examine them In the light OF
| Mr. Wards schedule OF summaries. and really
10 prepare ones self for an Intelligent cross.
examination as 10 inc eSsuS os % nain I 19
that direction and Is stll bcns made 50 TAR as this
Is being tried before this tribunal tho qucs
lions involved suppose. are the question OF durcss
question OF usury. 70 far rs this may DO
tra by newspapers which will all c,ucc!o IS not the
tribunal that Is most adapted TO the Hscerainment OF
proper tine and IN the proper way, Mr. Warner Will De
prepared 70 meet tho issues II he shall be- properly
charged with any other immoral or illegal act IN con
| nccton with tho firm OF Grant & Ward or with any
Of tho numerous respectable persons VINO nave dGat
nTm he VIII thcpropcr time be prepared TO
! meet that and m tho proper way But a. TO Mnt j.
before YOU. SIR. namely tho question of usury and
the question durcss. although may df,r somewhat
from my associates II does seem 10 me rs look AZ II
that mater OF lures is not matter OF worry much
uportancc one way or tho Others because Mr. Warner
Is found guilty o. having cNacted u'ury the usuTy on
transaction Of thousand dollars - quito rs potential aS
! II the transaction was that OF us many Millions and Tor
one don't propose 10 hay' that issue showed under by
any accumulation OF checks or multiplication OF nSnre'
II Mr. Warner loses his money IN consequence oi having
eNactcd usury Whie he will hayo been guy OF an ih
fraction OF statute law. he "iti ohy Sun.r Pensy
when will undoubtedly, II the sano KIM OF Justice
should be- nctod ont 20 them a. 70 MN Dc me,d o' 10
iong row Of very substantial houses IN wan street VI
course 10 rcgarl 90 tho matter of duess thl5 question
az figures entirely nconscqucnual have ne fear OF
tho result either Ih lAl' tribunal OF ia Il' anu
my application therefore TO you is tHls; propose 10
examination OF Mr.. ward, aud 80 far - an concerned
representing Mr warner tho Ritncs may gO from THIS
tour to t tbIs reservation ' II upon eSamins
tlon and consideration OF these accounts
a. uccIiug exp anAtion from Mr. Ward We shIli have
the privilege of recalling h-aud - my fr'n1 Ir but'
Ter SAYS u 4. attended with some expense our cN-
pcusc aud At our risk. undertaking 10 subpnna him
y ~ ST oi % al precisely a. sL.re TO-
da, giving the plaluus aud al the parties ourselves
equally with the paiuud tho benefit of Mr.. Warts eK-
animation up tho present time; leaving II with him
70 has been IN tho past SO 10 shall he In tho future-
out his testimony doca but trusting that
seusc OF AMI business Will induce him to como
aud make such explanation shall be uccdful In order
to the ascertainment ~ tho truth.
Mr Ward began to look happy, whereupon c. v.
Bangs took MP .sndcry warts pocket edition Of ac-
counts ween himself. e Warner and others and
wanted to know what the figures represented
MI Ward-rhcy represent money transactions with
various parties Mr. Warner aud other..
Mr Bangs-What Is the meaning Of the hgurcsl
Mr. Alexander objected decidedly. He waited no ir-
relevant matter introduced Mr. Ward explained some
of the accounts one especially with J. ID. f., thrao
with w. T. W. but other initials did not come 10 tho sur
face Mr. Ward said that Mr.. Warner had not yot pre-
.cntcd all his obligations The amount In all was over
- 900 900 Ward had put back 10000 OF thcm In
turn for his deeds
Mr. Bangs could got no further into tho mysteries at
Inf. point 40 he reserved his right u take up tho giun
lot again so did General Hubbard and everybody else
M Ward told that no might 90, whoroupon' Ike
stone from a clapu he was ont OF the courtroom on
his way to Ludlow, leaving everybody out OF breath
at his release from the lawyers.
There were at comments thick and fast on tho
fact that e1-Judse Green had apparently ended his
crosse Examination.
James II. Work said OF the case "There are three
parallel lines OF evidence IN this matter-tho original
schcdules Wards testimony and the books themselves,
tho last being the most important ana the real test
mony SO far Mr. Warner. counsel have not been able
70 get AT all tho books they have taken these
niece neal and every possible obstacle with reference
70 their getting at facts and sures has been thrown In
their way The counsel hnyo gone far enough however
10 ind that Wards statement Of tho account inaccur
ate As To Mr. Warmers attitude I'm this litigation, II he
is guilty OF that Is as great crime In trhnsac-
ton OF 800 rs OF millions Mr. Warner will not be con
tent TO win IN this by simply proving that no did
wrong and yet did profit by It. Not only do our In
vcstications show tho general inacouracy OF
Ward, financial statement, but 10 gcn-
eral his testimony has proved nothing whatever |
ooectinr unfayoraby tho character OF Mr.. Warmers
transactions or throwing doubt what he believed tho
transactions were at tho tmc far as he was con
ccrnod The counsel OF Mr. Warner believe that fraud
committed on him is not offence ON his part and have
been furthermore frequently requested by MT warner
not TO try 10 establish the proprcty of his dcIings by
d,snroyug tho figures submitted by tho |
nlanuTa-as he considered that something |