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

CONTINUED from Third Pdge.l


vict the jury must believe that Ward shot Ad-
Ter; that he shot at him intending to kill him,
and that as a result of the shot Adler died, and
with all these elements they must believe also
that Ward was of sound mind at the time
of the shooting. There had been no evidence
| offered that Ward had ever showed the least
sign of malice toward Adler. or had ever spoken
threateningly of him. Adler followed Ward
INTO Hurdles saloon and into the Marble
Saloon. Ward did not follow Adler. 1t
was by accident alone that Ward had a
pistol about him on the night of
June IS. Wards most intimate friend had
testified that he had never known Ward to
carry weapon. Had he been meditating Ad-
lers murder it would never have taken so
much persuasion to induce him to carry tine
pistol away from the Morgan House that after
noon. Finley testified that Ward did not take
his pistol away that day, but that he refused to
Keep 1t any longer and insisted on Wards tax
ing it away.
WARD WAS NOT HUNTING FOR ADLER
that night He was playing game of pool in
the Marble Saloon when Adler came in. There
were no ugly words. Ward asked Neumyer and
Adler to drink. There was nothing hostile. No
one could say that Adler's remark. "I'll take
lemon settler, was such as could have enraged
Ward When Adler ordered his drink Ward
said, You will?' and then did what? Shoot a.
Adler? No.
There is no testimony to sustain that There
was no malice in that act When did Wards
malicious intent begin? Not when he entered
the saloon. Not while standing there.
Not In that first shot. Yet
1t must been formed some time,
or else there is no foundation for the charge of
murder. 1t must have been formed between
those two shots, and yet all the evidence is that
those two shots were 50 close together as to be
almost instantaneous.
Ward raised his weapon without changing
his aim and then fired again in the same direc-
tion except as to the elevation of the muzzle
Of the pistol. 1t was physically impossi-
HE for Ward to have shot Adler,
.eyep,n if for the sake of argu-
ment Te admit that he wished to do so. Neu-
myer. the larger man of the two. was between
Adler and Ward and must have been shot had
Ward aimed i'll the direction of Adler. The To-
cation OF the men places the government in a
dilemma from which they cannot cxtricate
themselves.
Buckingham sword that Adler stood between
the two Others, said Senator Blackburn. If
that is true it was so much the worse for the
government. for if Ward was within two feet of
Adler and next to him ard wanted to shoot
him why in the world did he not fire bullet
into his heart? Adler ran.
Buckingham had rs much right to be fright
cned, for the firing was nearer i'm his direction
than 1t was in the direction of Adler. Ii Adler
started to run ut once it fixes the interval of
time that must have elapsed between the two
shots, for lie did not run as far ten feet.
Five witnesses, said the Senator, told of what
they did during the timc:: between the two shots.
1he two policemen Lad a conference and ran
40 feet III time that the eye witnesses say was
not greater than one second.
POLICEMEN AND RAPID TRANSIT.
Senator Blackburn said that the problem of
rapid transit was not yet solved, for here were
two policemen travelling faster than telegraph
message. They ran nearly 100 yards while
Adler, who was running, as he thought, for his
life was unable to cover ten feet.
lie would not impeach these two witnesses,
but he simply wished to show to the jury what
was the nature of the evidence on which they
were asked to render verdict. Ward was said
to have cherished malice toward Ad-
ler.. said the Senator from Ken
lucky, and yet the two were found to-
gether short time before the shooting in a
saloon matching pennies for wine and then
drinking 1t. He wished the jury to remember
that the two men were not engaged in friendly
encounter with guns, nor were they carving
each other with knives. but were engaged in
the hostile act of drinking wine together.
Mamie CAROLS testimony as to malice he
said. had been utterly contradicted by the testi-
mOny of Hurdle and others OF the governments
own witnesses.
The Senator reminded the jury that it was
only necessary for them to bring testimony to
rebut the evidence of malice on the part of the
defendant, and thatthey had gone much further
than this without calling upon a single one of
their own words.
NO ROOM FOR MANSLAUGHTER.
There was no room for a verdict of man.
slaughter. 1t was either murder as the result
OF malice and forethought or the case must fall
to the ground. 1t was not an unlawful act to
shoot the pistol at the floor of a saloon nor to
raise 1t and fire it without changing the
aim, nor was it a lawful act
uniawfnlly committed. Ward was not endan-
upJ hmm, L. Fa L.,
that Adler was hurt. Ward was shooting at the
ceiling, not at Adler nor ut Buckingham. The
ball struck the iuting OF the pillar and
ricochete,i.
The ball struck two hard substances and the
ball itself furnishes indisputable evidence of
this fact.
DISCREPANCIES IN THE GOVERNMENT TESTIMONY.
Senator Blackburn called the attention of the
jury to the discrepancies existing in the testi-
mony of the governments witnesses. lie said
that no two of them agreed even in the funda-
mental features OF their testimony, and he
compared the statements of the various
witnesses of the shooting. and of those
who ran into the saloon at the sound of the pis-
tol. Tie senatorial advocate also criticised the
testimony of DIR. McBlair relative to the
prescriptions CT morphine to the para
lived Adler. DIR. McBlair testified that at
the autopsy the spinal cord was confused
and lacerated. while Ers. Schae ffer. Workman
and Hamilton had all stated that the cord was
not hurt, but was in a perfect normal condi-
ton.
He would not say that Adler did not die as {,
result Of the shooting, for if he did he knew the
prosecution would answer that if the shot had
never been fired Adler, in all probability
would be alive today. But he would ask the
jury which inflicted the more fierce and dam
gerOus wound in the back of that poor mans
neck the spent ball or that wicked pair of
surgeons pincers that looked more dangerous
and deadly than any Smith Il Nelson's re-
vOlver ever made and was capable of
inhicting more grievous and Sc
we're wound. That big pair of bone crushers
were inserted into the mans neck and both
ends of the arch CT the vertebra were severed.
although the wound from that spent ball had
entirely healed up within a few weeks Of the
shooting.
Still. Senator Blackburn said. there was no
necessity for him to continue that line of argu-
ment, for the jury might forget all that he
had said and ali that Judge Wilson
had said on every line but one and yet they
would have to acquit the defendant. They
could not but find that Ward was not in his right
mind and was irresponsible for his acts and
such being the case the fact and the extent of
the Offense had no being. Two OF the ablest
experts on the subject of insanity in this bread
land had come upon the stand and pronounced
the defendant at the bar to have been insane
and irresponsible at the time the shooting &C.
,ssqqrred cured.
4 PLEADS FOR VERDICT OF NOT GUILTY.
Scientists and specialists and men in all
.v.x..