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

found upon the iron post. An the witnesses
had testified that Ward did not shoot toward
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.
THE FATAL BULLET SHOWN.
At this point Judge Wilson introduced the
bullet ~ 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 as it never could have been
by simply striking a bone, having as it 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 add
| 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 the bull
| let struck the pillar in the Marble Saloon and
| In every case the bullet was detected in the
very direction that the fatal ball must have
| gone on the 18th of June in order to hit man
In the position that the governments witnesses
say was occupied by Adler This alone must
dlsprove the charge of murder unless the jury
made an arbitrary and unjust use of its power.
THE 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 tina. 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
| Mnr oil fhn& -
mind is in a 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 up his mind to shoot
| the second time to kill. Yet Adler running
for his life, only got ten feet and Neumyer,
Glnnity and Ryder testified that the two
| shots were in quick succession. But Officers
Hamilton and Hughes testified that they ran
between go and 2i0 feet in the interval be-
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
| heard this conversation, because he SAYS he did
not see the witness, Joe, in the saloon, and yet
| jug interrupted tneIu AT the u street entrance.
| III 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 al
| the time that Ward said anything at all
| True, the two officers have now also denied
having any conversation with Drew. and YET
1T Is on this wavering and dubious evidence
| that the government now asks q verdict OF
murder. 1t cannot be done in the face of the
mass OF evidence that has been brough,
against it.
Wards UNsoUND MENTAL CONDITION.
| But even if Ward did make the remarks he il
said to have made there is a perfect answer tc
it as well as to every charge that il in the in.
dictment One of the elements of murder il
| that the man committing the offense must be OF
| sound mind, memory and discretion. Itcan he
| shown, said Judge Wilson. that Ward was not in
the condition at the time of shooting to make
his act the result of purpose and premedita.
ton. Mr.. Clagett had spoken of the legal in
hypothetical question propounded to the in.
sanity experts. and had said that any one
on reading it must of necessity conclude tina,
the suggestions man was insane. Judge Viii
son said that it was not remarkable example
| OF legal ingenuity, it was simply an accurate
| photograph of the circumstances as they have
appeared in the case, and was a mere chrome.
logical record of events that deviated not one
hair 8 breadth from the simple truth. When the
government referred to that question as they
did thev convicted themselves and tacitly ad-
United the weakness of their case. Every ex.
pert, said Judge Wilson. when the question was
read to him, hesitated not "a moment
but answered that the man described
was of necessity insane. Judge Hoge wher
eros questioning them had taken each particu.
| Lar point of the question and asked if that in.
dicated insanity. Of course it might not: il
| might have been caused by excess of drink
But taken altogether they indicated to each and
every expert that the man who committed
them was not suffering from drink alone. He
| was off 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, az
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
was found at the oyster wharf acting in a wild
and insane manner when the can of clans was
opened. His behavior was SO unusual that a
man who was present. not even an acquaint-
| snce 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 was ''all on fire." He was
afraid OF imaginary men hidden behind
and all have testified that in their opinion the
mans mind was a wreck. He went from saloon
to saloon and when finally he reached Neu-
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 a bullet through Ader's
| heart shows that it was not the act of intention
and prcmeditation. 1t was not the act of a
vicious man. 1t was not the act of an intelli-
| gent man.
THE DEFENSE CLAIMS AN ACQUIrTAL.
| The defense would claim 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 reconciliation. Again
| they had failed to show that the defendant was
of sound intellect memory and discretion.
Judge Wilson spoke briefly on the subject OF
manslaughter, delivering from legal stand
point, and 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 a rea-
sOnable doubt, not an unreasonable, but q rea-
sonable, rational doubt, that when W ard shot
Adler it was the act of purpose and fore
thought, that he shot to kill him. and that al
the time OF the shooting he was of sound intel
lect mentally sane beyond q shadow of q
doubt. The government had failed to sustain
these two counts in the indictment and there
was but one verdict that the jury could prop