Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-24

the man. but in the direction Of the post and
the mark Of the bullet was there to prove it,
This must overthrow the theory that Ward in
| tended to shoot at Adler with the purpose Of
killing him.
TIE FATAL BULLET SHOWN.
At this point Judge Wilson introduced the
bullet as it was taken from the neck Of the dead
man and called the attention of the jury to the
fact that it presented visual evidence Of the
truth Of what was claimed by the defense. The
ball was battered rs il never could have been
by simply striking bone, having, as 1t did SO.
little force that it stopped in its course within
the mans neck. The ball alone furnished con-
elusive evidence, but taken in connection with
the other testimony proved beyond doubt
that the ball could not have struck the neck of
Adler direct from the mouth of the pistol.
reference was also made to the experiments
made with similar weapon and pillar as sdd-
ing another link in the chain of evidence. The
pillar was set up. the pistol was fired so that
every ball must strike the pillar just as the bull
let struck the pillar in the Marble Saloon and
very direction that the fatal ball must have
gone on the 18th Of June in order to hit man
| In the position tina. the governments witnesses
say was occupied by Adler. This alone must
disprove the charge of murder unless the jury
made an arbitrary and unjust use of its power.
TIE GOVERNMENTS ONLY GROUND.
Judge Wilson stated that the government had
rested its case upon the only ground that was
open to them. the remark made by Ward him
self that he had done for the d. jew"
This was worthy Of consideration and he would
consider it, He would show that it was utterly
and completely unreliable In the first place
no two witnesses in the case who had testified
| as to Wards remarks had told the same story.
Under exciting circumstances such as those at
the Marble Saloon that night. no mans
| mind is in condition to take careful note
| OF what Is said at the time. Witnesses are
brought to testify to what was said and the gov
| eminent has also tried to show that enough time
ELAPSED for Ward to make ug his mind to shoot
for his life, only got ten feet, and Neumyer,
Ginnity and Ryder testified that the two
| shots were in quick succession. But Officers
Hamilton and Hughes testified that they ran
| between go and 240 feet in the interval be-
| tween the shots. They are mistaken; that is
| all there was of it. And if they were mistaken
| as to the distance and the time then they
! were probably also mistaken about
the conversation. The stories of the
| two officers who were right together do not
agree. McCullom saw the same group stand
ing there as he came in and he told Of what he
heard Ward say. The facts in the case show
that McCullom was mistaken in saying that he
| hcard this conversation, because he says he did
not see the Witness Joe, in the saloon, and vet
Joe interrupted them at the c street entrance
| II he was mistaken in that point how much
more liable was he to be mistaken in reference
to the conversation that he tried to repeat on
the witness stand. Again, the witness Drew
| testified that the two officers denied to him at
the time that Ward said anything at all.
True, the two officers have now also denied
having any conversation with Drew. and vet
1t Is on this wavering and dubious evidence
that the government now asks a verdict of
murder. II cannot be done in the face of the
| mass of evidence that has been brought
| against it.
WARDS UNsoUND MENTAL CONDITION.
But even if Ward did make the remarks he is
| said to have made there is perfect answer to
it as well as to every charge that is in the in
| dictment. One of the elements of murder is
that the man committing the offense must be of
| sound mind, memory and discretion. 1t can be
shown, said Judge Wilson, that Ward was not in
the condition 1T the time of shooting to make
ton. Mr.. Clage.t had spoken of the legal in
genuity used in the framing of the
| hypothetical question propounded to the in
sanity experts. and had said that any one
| on reading it must of necessity conclude that
the suggestions man was insane. Judge Will
son said that it was not a remarkable example
| OF legal ingenuity, it was simply au accurate
photograph OF the circumstances as they have
appeared in the case, ard was mere chrome
logical record Of events that deviated not one
| HAIR s breadth from the simple truth. When the
government referred to that question as they
did they convicted themselves and tacitly adj
mltted the weakness of their case. Every ex-
| pert, said Judge Wilson. when the question was
read to him, hesitated not moment.
but answered that the man described
was of necessity insane. Judge Hoge when
, eros questioning them had taken each particu-
lar point OF the question and asked if that in
dicated insanity. OF course it might not: it
might have been caused by excess of drink
| But taken altcgethe. they indicated to each and
every expert that the man who committed
them was not suffering from drink alone. He
was of his mental balance. Judge Wilson out
lined the acts as they were committed and
asked the jury if they could hold such a man
responsible for what he did. af-
ter the experts had pronounced him
mentally and morally irresponsible. On
| the day Of The shooting came the final disaster
In Wards business life. On that very day he
WIS found at the oyster wharf acting in wild
ana insane manner when the can OF CLAIMS was
opened. His behavior was SO unusual that a
| man who was present, not even an acquaint-
| ance OF Wards had expressed the opinion that
he was off his mental balance. Others. man
after man, were impressed with the same opin-
ion that afternoon. 1t was the day of the cul-
mination of Wards business troubles and he
acted like wild man. At the bar room of the
Riggs House he WIS .'all on fire." He was
afraid OF Imaginary men hidden behind
screens. So it went. Many saw him
and all have testified that in their opinion the
| man IS mind was wreck. He went from saloon
to saloon and when finally he reached Men,
myers buckingham and Neumyer both noticed
his curious behavior. Adler came in, Ward
shot at the floor and then in the air and the
very fact that he did that when, had he wished.
| he might have put bullet through Adler's
heart shows that it was not the act of intention
| and generalization. 1t was not the act of a
| vicious man. 1t was not the act of an intelli-
| gent man.
| THE Defense CLAIMS AN AcoUrrrAL.
The defense would claim q verdict Of
| not guilty on two grounds. The gov
| eminent had failed to prove that Ward had the
| intention of killing Adler In point of fact
their own witnesses had proved that the shoot
| ing was not the act of premeditation. Again
| they had filled to show that the defendant was
Of sound intellect, memory and discretion.
Judge Wilson spoke briefly on the subject Of
manslaughter, delivering from a legal stand
| point, aud claimed that they could not posi-
bly, find the defendant guilty on that ground
Before the jury could find Ward guilty of
| murder they must be convinced beyond q rea-
| sonable doubt, not All unreasonable. but a rea-
sonable, rational doubt, that when Ward shot
Adler it was the act of purpose and fore
thought, that he shot to kill him. and that at
the time of the shooting he was of sound intel
iect mentally sane beyond n shadow of a
| doubt. The government had failed to sustain
| these two counts in the indictment and there
| wGs but one verdict that the Jury could prop