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

Kentucky, has
SENATOR BLACKBURN. been one of the
most prominent figures in this case that has al
ready aroused 80 much attention. While he has to
oil outward appearances been less active in the
conduct Of the case, examination and cross
examination, it was well known that he was
being held in reserve. as it were, to make the
final appeal for the defendant before the jury.
Early in the noon recess the crowd began to
gather, eager to get good seats from which to
hear the eloIuence Of the Senator from Ken
lucky, and when the trial was resumed. a little
after ] o'clock, every seat was taken and the
open spaces around and behind the railing were
crowded with curious spectators. Several
ladies were present.
As stated In yesterdays STAR, the taking of
testimony was completed and little before
O'clock Mr., Clagett rose to make the first argu-
hftTwhAe he had often asked. pleaded and
begged Tor = mans life at the hands of a jury
tbs, wins the FIRST time had ever come before
6t&A &ESstk q conviction for murder. He made
a stirring and eloquent address in which he re-
viewed the case, taking up the evidence piece by
piece showing its tremendous importance and
laying especial emphasis upon the remarks that
Ward is alleged to have made upon being ar
rested. He told the story Of the trouble at
Hurdles saloon to show how this furnished
the motive for the tragedy that followed SO
soon after. He ridiculed the theory OF the de-
Tense that the ball was aimed at the post and
recocheted. Then he devoted his attention to
the alleged insanity Of the defendant and said
that it was shame that all these friends of
Wards, who now came forward to say that they
knew he was crazy all the time, never did any
thing to ameliorate his condition until he was
on trial for killing fellow man. After review
ing the position of the defense Mr.. Clagett
closed his argument with an elaborate pcrora-
ton to tine jury.
MR.. CLAGETT EXPECTS A VERDICT OF MURDER.
Promptly at 10 o'clock the court was opened.
Judge Wilson announced that Mr.. Ciagett in
his opening address at the beginning of the
trial had said nothing about manslaughter. and
he did not know whether or not the govern
ment would ask a conviction of mansGughter
in the case. He asked 10 know whether they
would claim that, inasmuch as Judge HoSe
would have the closing argument for the prose
cution. Otherwise he would have to anticipate
it in his own argument before the jury.
Mr.. Clagett answered that while there had
been nothing said of manslaughter of course
they expected that verdict in case the jury did
not see fit to render verdict of guilty of
murder. The government claimed that on the
evidence submitted they were entitled to ver-
dict of murder. 1t lay with the jury and not
that the testimony proved the defendant guilty
OF manslaughter and not OF murder.
JUDGE WILSON'S ARGUMENT FOR WARD.
In opening his argument for the defense
Judge Wilson referred feelingly to the joyous
season now at hand and to the morrow that
celebrates the most important occasion in the
history of the world. 1'Do unto Others" said
he, ''as You would men should do unto you"
Yet at this season of the year they were gath
cred to pass upon the guilt or innocence Of the
man now before them. Judge Wilson prom
ised to be as brief in his address as the import
ance and significance Of the case would per-
nit. He then began by rehearsing the business
history of Frank X. Ward in this city. paying
particular attention to the injunction that had
street, and the business difficulties that at once
began to accumulate around the unfortunate
man now at the bar. Then he said, Ward be-
gan to yield to the appetite for drink and be-
came the subject Of a habit that has done more
TO bring sorrow and misery into the world than
all ether habits and vices combined. War,
pestilence, famine and al were griavOus ills to
the human race. yet multiply them hundred
times and yOn would have but partial idea of
the trouble that drink brings upon men. He
would not excuse Ward for the course he had
taken, yet it was the same course that MANY
another man has taken. AS result of it Ward
now stands before the bar charged with muir
der. lie reviewed briefly the trouble that Adler
and Ward had at Hurdles saloon.
MURDER DEFINED.
Judge Wilson then defined murder and told
the jury what the prosecution must prove in
order to make OIs case of murder. They
must prove that Ward had conceived the idea
of murder, with malice aforethought. and then
lad carried his intention into effect; that he
had formed the purpose Of killing Adler and
then had shot him in order to carry out his
purpose Another essential factor in murder is
that it must be proved that the defendant
was of sound mind and discretion at the
eminent failed in either of these points
the case must fall, for every element in the
offense must be proved before a conviction
could be arrived at. 1t would not suffice for
them to sustain one or other of the elements in
the ofiense. All must be proved beyond all
reasonable doubt. Not only would he prove
that the case was not made out. but he would
also show them TINT the government had failed
to make case on lts own testimony taken by
itself and not balanced against the evidence as
furnished by the defense.
WARD bad THE PISTOL BY ACCIDENT.
In the first place it had been proved that
Ward did not carry pistol and that it was by
accident that he had one in his pocket on that
unfortunate day. But for the fact that Wards
friend Finley had taken trip down the river
and had insisted on Ward taking back his pistol
that day it would have remained under the
counter at the Morgan House and Ward would
not be in the unfortunate position he occupies
today. 1t was one of those curious series of
condolences that frequently have such unfor-
tunate results. Ward did not have pistol in
his pocket that night with any intention or ex-
pccsatiOn OF having a collision with Adler.
POSITION AT THE TIME OF SHOOTING
There were three government witnesses, said
Judge Wilson, who had testified that at the time
of the shooting Neumyer had stood directly
between Ward and Adler and Adler stood within
a couple of feet OF the mirror and the open pas.
sageway. They all stood in line, for they all
had their H3S on the bar. Thus it would be
impossible 44dF Ward to shoot at Adler without
shooting through Neumyer, and yet it must be
proved H2 Tie government that Ward shot at
Adler nd hiat be shot at him with the purpose
and intention Of killing him. II the govern
mcnt discredited these three witnesses their
own-they would have none left to tell of the
shooting.
Ii Buckingham's version that Adler came in
between Ward ar d Neumyer is true then he was
in u position where Ward had him at his mercy
and where, if he had the intention OF killing
him. all he had to do was to draw his weapon
and send bullet through Adiers heart. The
very fact that Ward did not do this, but shot
first at the floor, proved absolutely that Ward
did net intend to shoot Adler. The government
must show, that he intended to shoot
at Maurice Ad.er else the case must fall to the
ground. Buckingham also testified that after
the first shot Neumyer was between the two
men and that Ward could not have shot at Ad-
Ter without blowing of Neumyers face. This
testimony must prove beyond O reasonable