Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-18
THE GOVERNMENT CLOSES.
Its Principal Evidence in the Frank Ward
Case Presented.

THE GOVERNMENT CLOSES.
Its Principal Evidence in the Frank Ward
Case Presented.
MR. COLEMAN OUTLINES THE COURSE OF THE
DEFENsE-wARD DID NOT INTEND TO SHOOT
ADLER-HIs MIND WAS UNBALANCED AND THE
NAN DIED FROM LACK OF PROPER TREATMENT.
The government closed its case in the Ward
| trial this morning, after completing the med
ical testimony regarding Adler's death. The
testimony Of Dr.. Schaeffer, who made the su-
topsy, was completed yesterday afternoon. One
point made in his cross-examination by the de-
tense was that the witness had examined the
section Of spinal cord taken from Adler with
low-power microscope and found that it did not
appear to be injured. DR.. Wagner was then
| called to the stand and his testimony was con-
| timed today. The defense in the opening to-
day indicated three lines they would follow:
First, that there was no intent on Wards part
to shoot Adler second, that Adler's life might
have been saved by proper treatment, the in
Jury being not necessarily fatal. and. third
that Ward was not in rational condition At the
time of the shooting.
When the trial was resumed this morning DR..
Wagner, who testified yesterday afternoon to
the facts concerning Adler's injury and death
as observed by him in his capacity of attending
physician and nurse, was subjected to further
cross-examination by Mr.. Coleman. DR.. Wagner
| said he saw the operation performed. DR..
Thompson performed it and Used bone forceps.
Mr.. Coleman handed to the witne a steel in
strument looking like pair Of pincers with
sharp jaws. The witness said the il strument
was pair Of bone forceps, but the one used by
DR.. Thompson was, he thought, smaller and Of
somewhat different shape.
Mr.. Coleman proceeded TO read from news
paper reports made from time to time during
Adler's illness Of the condition Ct The sick man,
which the witness said were, as he recollected
them at the time. correct. The district attor-
ney objected to the reading Of these extracts to
the jury, the witness himself could give the
best evidence Of the condition Of the patient.
The witness said that there was gradual
failing in Adler's condition from the time of
the shooting until he died.
When DR.. Wagner closed his testimony the
district attorney announced that that ended
the governments testimony in chief.
OPENING OF THE DEFENSE.
Mr.. Coleman then took his place before the
jury and made the opening address for the de-
Tense. He said that when the defense has
closed its case he was sure the jury would be
convinced that Frank Ward never intended to
shoot Maurice Adler any more than any OF
them. There were three defenses to the charge;
either one alone. independently. would convince
the jury that Ward had no intent to shoot Maur-
ice Adler II from the evidence they found any
reasonable doubt of the intent CT the accused,
they should acquit. But they would go further
and show beyond doubt that Ward had no inten-
ito shoot Maurice Adler. He believed from the
evidence offered by the government that there
was doubt in the mind of the jury whether
Ward intended to shoot Adler.
THE PISTOL WAS NOT AIMED AT ADLER.
He believed it would be shown clearly to the
jury that the pistol was not aimed at Adler or
in any direction where Ward believed CT sup
posed the bullet Would hit Adler
They would prove that when the second shot
was fred the ball hit the marble pillar in the
Marble Saloon. The testimony now in NAV
have already given that idea. There was no
dispute that Ward fired the first shot at the
floor. The testimony of Newmyer and Gin
nifty was that Ward pointed his pistol when he
fired the second shot at the iron pillar That
alone showed that there was no intent. They
would show that no one was more surprised
than Ward himself when he came to himself
and learned of the effect of the shot.
THE DISTRICT ATTORNEY OBJECTS.
AS Mr.. Coleman proceeded the district at
torney objected to having MIR. Coleman, in
opening case when he should confine himself
to stating what the defense expected to prove,
discussing and arguing the effect Of the evil
dence already in.
The court sustained this objection.
THE COURSE OF THE SECOND SHOT.
Mr.. Coleman, proceeding, said that in the
iron pillar there were twelve fittings. He pro-
posed to show that the bullet struck on the
sixth futing and that the mark on the pillar
shown in the photograph submitted by the
government was on the third fluting He
proposed to show that the mark OF the
pistol ball was still on the sixth duting,
| although 1t had been painted over. They had
taken an iron pill lar like the one in the Marble
Saloon, set it up in q machine shop and meas
p1raAo hicto xha Sh.k IL
Marble Saloon pillar to where Ward shot.
Then they placed a pistol in support
SO 1t would represent in direction, height,
&c, the pistol held by Ward. They then
determined the relative spot where Adler
stood. When Adler fell he fell near the corner
of the billiard table. After the first shot was
fired he ran to the mirror. They would prove
by experiment after experiment that the
pistol shot, fired as it was. rico
cheted and hit figure standing relatively
That would be demonstrated as certain as
mathematical proposition. The next evidence
would be to account for the firing of the pistol
at all. This would be line of testimony ex-
tending back for weeks. months and perhaps
years, showing the condition of Wards mind.
WARDS MIND WAS UNBALANCED.
They would show that some two years before
he had been engaged in most successful bust
ness, and was known widely for his enterprise
ana popularity. lie had become q compare
lively wealthy man. He was prosperous and
well thought of when he was conducting his
business on Sd street. At that time he met
with trouble. Mr.. Coleman recited the facts of
the injunction proceedings which mad closed
his business on Sd street. They would
show that those proceedings broke him.,
Notwithstanding his friends rallied to his
support and aided him in his new enterprise on
d street he was worried and took to drinking,
ana continued it until his mind was affected
They would show that months before this
shooting Mr.. Ward was regarded as a man cut
Of his mind; that he gave evidences of insanity.
SYMPTOMS OF DELIEIUM TREMEEs.
The evidence would show that but the day
before this shooting he showed symptoms of
delirium trem.ns, and in q saloon imagined he
saw rat on the counter and tried to drive it
of. They would show that he then imagined
people were following him to do him an injury
They would show Ward fired this sh ot when lie
was actually suffering from insanity from
delirium tremenS.
The shot itself was fired as a mere piece of
foolishness of drunken insanity, with no intent
to hit Adler, for Wards mind was then not in
| u condition to form an intent.
HAVING THE PISTOL WAS AN ACCIDENT.
The evidence would show that Ward was kind
hearted and Of genial nature; that he had
never been in the habit of carrying a pistol.
| Isu1 - 49,