The critic. (Washington, D.C.) 1890-1891, 1890-12-18
TIE DEFENSE OPENED.
THE PLEAS OFFERED IN BEHALF or
FRANK WARD.



After the close of TnE CRirrcs report of
the Ward trial yesterday, DR.. Edward NJ.
Schafrer, the assistant coroner, testified to
the condition of Adler's body when the
autopsy was made. The post-mortem OK
animation was made by tho witness. lie
found the ball in Adlcrs neck, and from
its position II seemed TO indicate that either
the shot was fired in an upward direction
or that Adlor's head was bent forward
when the bullet entered his neck. DIR.
Schafler did not think that the ball, as it
lay against the spine would have caused
Adler's death by itself, but was the indi-
rect cause of It,
The last witness called was DR.. George II
Wagner, who attended Adler in the triple
capacity Of nurse. surgeon and physician
lie was in constant attendance on the
patient from tiIedny after he was wounded
until his death. DIR. Wagner's statement
Of the cause of death was the same Us that
of the other hysiciars--cSh austion due
tn u gun-shot wound.
The wound, witness testified, healed
about three weeks after IL was inflicted.
Adler was i'll ut the time he was shot and
had been suffering from an incurable
disease for moro than year, but the dis
ease was not of u nature to cause bed
sores.
The court adjourned at this point in
order tn give The, defense time to prepare
FOR the further examination of Or. Wag-
,ner.
The medical testimony in the Ward
case was resumed this morning with Dr..
Wagner on the stand. Mr.. Coleman con-
tinued the cr0ss-eXamination of the wit
E.,1 4. =.
seen the piece of bone cut ont i'm the on
Grafton performed upon Adler's wound.
Il was then IN the possession of DIR.
Thompson, but he did not know where IL
was now. 1fe had seen the operation and
the instruments used in it,
~ this point, Mr.. Coleman showed the
witness pair of bone forocps, in appear
ance something like pair Of scissors. and
asked II they were similar to the pair used
Ivy DR., Thompson DIR. Wagner Thought
they were something like the pair used in
the operation, but somewhat larger.
Mr.. Coleman then opened a scrap-book
containing the newspaper reports of
Adler's condition from day to day and be-
gan TO read them, Questioning DR.. Wagner
as TO their correctness.
The witness said that he had frequently
talked with the reporters, but could not
recollcctwhetlicr the reports read were
correct or not.
District Attorney Hoge objected to the
witness being questioned ON the news
paper reports. t
ibid not the patient continue in about
the same condition from the time he was
shot until he died, but gradually growing
worser asked Mr.. Coleman.
''lle did, replied DIR. Wagner.
Witness llnewno medical authority for
the operation performed upon the wound
but he thought that the physician in
charge should be his own authority.
On redirect examination witness said
that he found no signs of any other disease
when the autopsy was performed.
DIR. Wagncr's testimony closed the Gov
ernmont's case In chief and Mr.. Coleman
arose TO deliver the opening address for
the defense
He felt little embarrassed, he said, in
opening the case on. account OF the great
responsibility which rested upon him.
But when the defense closes its testi-
mony," he continued, gentlemen of the
jury. you will agree with me in saying
that Frank Ward never intended to shoot
Maurice Adler apy more than you or |.
There are three defenses which we intend
to present, either one of which, standing
alone, would be sufficient to establish the
innocence of Ward.
''The first thing that the defense would
Show Mr. Coleman said "would be that
when Frank Ward shot Adler he did not
intend to hit him; that neither of the
shots fired were pointed at Adler and
that the second, which hit him, first
struck the iron pillar behind Adler. No
man was more surprised that Adler was
wounded than Frank Ward when he
came to hmsolf.'
At this point Mr.. Coleman took one of
the photographs of the interior of the
saloon to illustrate the relative position of
the three men, Newmcyer, Ward and
Adler, at the time of the shooting. He
referred TO the evidence of'Ncwmeyer and
buckingham, and was about to discuss it
when Judge Hogeinterposed an objection,
claiming that the time for discussing evil
dence was in the closing argument, not in
the opening -.rtr
Mr.. Coleman thon continued to outline
what the defense would prove. ut would
be shown he said, that the second shot
fired by Ward hin the iron pillar on the
sixth lluting and rebounding struck Adj
Ter, The defense, in order to prove this,
had set up a pillar in a machine shop on
in the Marble Saloon. BY experiments
and tests performed with this pillar the
defense would clearly show that the ball
had struck the pillar and reboulding had
struck Adler in the neck"
The second line of defense which they
would follow would he to show the condl-
ton of Ward' smind previous to the shoot
ing. Mr. Coleman then related at some
length the story of Wards troubles and
the loss of his business by the injunction
issued against his Third-street place. 1t
was true that he afterwards began bust
ness on ID street with the aid of friends, but
his former trouble preyed upon his mind,
and he came to be regarded as an ,,nbal-
anced and insane man. He fell into the
habit OF drinking to excess, and on
the day before the tragedy the defense
would show that Ward was suffering from
deI'rimn tremens, and that he was in II
saloon whore he believed he saw rats and
tried to drive them away; that on the
night of the shooting he was IN q leranged
state of mind, acted in Il strange manner
and insisted that he was being followcdby
u band Of thieves.
The defense would also show, he con-
tinued, that Ward was not in the habit of
carrying pistol. That the one he used
on the night of the shooting he had with
him by accident. That he had been re-
quested by Frank Finley to lend him a
rifle and Mr.. Ward had found the pistol
in the box with the rifle. and carried il
along with him to Finley's. The latter
did not want the pistol 50 Ward carried
il when he went tn the Marble Saloon.
The third line which the defense would
N''''i'.i NHo 'liht hNNiAN' Ahhltl lui
even chance to live after he was shot, and
il was through the treatment that he re-
ceived at the hands Of the doctors that he
died; that the operation performed upon
his wound was exceedingly dangerous,
and If Adler had received proper attention
he would now be a well man. Mr.. Cole
man closed his address with the reiteration
of the statement that Frank Ward did not
intend to shoot Adler.
frank III Finley was thp first witness
the defense called for the purpose of
proving that Ward was not in the habit
of carrying pistol.
Mr. Finley testified that he saw Ward
ON the evening of June Is at the Morgan
House between land o'clock. lie had
told Ward that he was going down the
river and wanted a rifle. Ward brought