Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-11-14
THE CASE OF FRANK X. WARD.

His Trial For the Murder Of Maurice
Adler Postponed TO December 10.
In the Criminal Court Chief Justice Bing-
ham, today the case Of Frank K. Ward, indicted
for the murder Of Maurice Adler, set for Tues
day next, was called TO the attention OF the
court by an application for postponement.
There were present Judge Hoge and Mr.
Clagett for the government and Messrs Jere
Wilson James Coleman, Chaplin Brown and w.
K. Duhamel appeared with the defendant.
Mr.. Coleman remarked that since the case
was some weeks ago set for next Tuesday Sen
ator Blackburn, the leading counsel for the
defendant, had met with an accident which
will prevent his appearance in the case at the
time set, for he was confined and unable TO
leave his room. They therefore asked at least
a postponement He read in support Of the
application letter from Senator Blackburn
stating that he was confined to his room and
making the request for postponement
SENATOR BLACKBURN UNABLE TO APPEAR
Afidavits Of Drs. Smith Townshend and J.
Ford Thompson were read, in which il 10 stated
that Senator Blackburn is now physically un-
able to appear in the case, and will be for some
weeks.
MIR. Coleman said the defendant had the right
to the attendance of Senator Blackburn, and
they asked the postponement a. . legal right
and as matter Of courtesy.
Judge Hoge said that while sympathizing
with senator Blackburn and recognizing the
fact that in civil case as a matter Of courtesy
he would agree to the request and as an indi-
vidual be inclined TO yield, yet a. q public
officer he felt it his duty 70 oppose the motion,
tor already there had been expense in the
preparation Of the case for two occasions. The
authorities on continuances favored them when
there was but one counsel, but not so in a case
Of this kind, where there was such a wealth of
counsel However much he would like to
oblige the counsel his duty impelled him to
do otherwise.
Judge Wilson denied that it was Judge Hoge's
duty to act otherwise than he would in a civil
case and urged that Senator Blackburn keenly
felt his duty to appear for his client He ap-
pealed to the court for few weeks. They did
not ask continuance, but simply q postpone
ment.
THE DECISION OF THE COURT.
The court made inquiry as to witnesses and
was answered that some from q distance had
been summoned for Tuesday and others were
under bail to appear. He said that postpone
ment and a continuance were somewhat differ
emit. The court had the power to change the
date for trial, but should not do SO arbitrarily.
II it was q question Of continuance he would
not be justified in granting the motion. II had
been stated that Senator Blackburn had en-
tered on the preparation Of the case. 1t oc-
CURED to him that there might be postpone
ment to some later day in this term without
any serious loss or any real public injury re-
sulting. He suggested Monday, December Is.
il the counsel could agree, and asked il the
trial would be a lengthy one.
Some Of the counsel thought nine days
would be required for the trial
Judge Hoge said il might be that most Of
that time would be required in getting jury;
there had been much difficulty experienced in
obtaining jurors here, for there was no change
of venue in the District, and he suggested
Tuesday, December g.
Mr.. Coleman opposed the suggestion Of the
9Th, stating that they did not expect to be over
two days in getting the jury.
The court said il the time was set for
Wednesday, the 10th Of December, two full
weeks would intervene before the holidays,
and he fixed that day.