Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-23
ABSOLUTELY PURE

.oieinan nelu that so long as sufficient evidence
had been introduced to create a reasonable
doubt as TO the sanity of the defendant the
burden OF proof had been shifted to the gov
eminent TO show to the Jury beyond a reason
able doubt that the defendant was sane at the
time OF the committing of the act. Insanity
meant innocence, and as evidence 20 sustain
the theory that the defendant was insane at the
time of the shooting had been brought forward
IL now remained with the government 20 prove
MS sanity beyond a reasonable do.bt as much
as 1t did toprove beyond reasonable doubt that
aeiendant did the shooting and that he in
tended to shoot.
THE Us. ATTORNEYS PRAYER.
Judge Hoge then read his prayer to the court
for the instructions to be given the iury. IL
paid attention chiefly 20 the question OF the
sanity Of the defendant and was drawn up
GGrgeiy after the instructions given by Judge
Cox To the jury in the Guiteau case.
At this point a recess was taken for n half
hour.
AFTER RECESS.
The first business after the noon recess was
the discussion of the question whether or not
Ward had committed an illegal act in firing a
pistol in public saloon. irrespective Of the
question whether he aimed at Adler or at the
post 1T the act Itself was unlawful then the
result OF IT might be granddaughter
Mr. CIaSett read the police regulation bear
ing on the point and also the act Of Congress
empowering the Commissioners of the District
10 make suitable police regulations. Chief
justice Bingham remarked that in common
law the reckless discharge of firearms in n
pupiic place would constitute a breach of the
peace.
some little time was spent in discussing the
prayers and arguing upon them. The Judge then
announced his decision on the matter outlin-
ing. IN way, what his instructions would he
10 the jury In order that counsel might know
what ground to cover in their arguments.
THE JURY RETURNS.
At this point the court announced that il was
ready for the jury TO return. and a messenger
was sent for them.
Judge Wilson stated that he hoped very much
that they would get in two of the four arru-
ments this afternoon and the other two tomor-
row morning.
When the jury returned to their box Judge
wilson began by reading the testimony that
John Drew made in the case on a motion to
admit to bail.
REPORTER DREw's DEposITIor
Drew was reporter on the Press and testi-
fed TO interviewing the two policemen who ar
rested Ward He said they told him that Ward
said: II done him. or else Il have did it,"
Judge HoSe read the cross-examination CT
the absent witness as il was conducted at the
other trial. 1t all had reference to the re-
porters conversation with Officers Hamilton
and HaShes about what Ward said at the time
OF his arrest.
Officer Hamilton was recalled by Mr.. Clacett
to testify to the circumstance of the converse
ton with the reporter.
DIR. scHAEFFER FINALLY APPEARS.
DIR. Schaeffer was then called to the stand by
the government. He Was asked if he had ex-
amined the body of Adler to ascertain if there
was any symptoms of disease present.
Witness testified that he examined es-
peciallyto see il there were any signs of
a secret disease and found no LESSONS
or other other manifestations of the
disease in any part of the body. He found 10
symptoms of any disease that would have con
tributed toward the death of the patient
Questioned by Mr.. Clagett, witness stated
quest of Mr.. Lipscomb. had examined the
mark on the iron pillar at the Marble
Saloon. He found no evidences Of lead about
the marx, which looked to him very much as il
IT had been made with some sharp instrument.
There were no appearances Of bruise or
confusion about the mark such as would
have been made by stone thrown
against it or by bullet striking it.
When leaden bullet strikes iron it had been
his experience that there are some of the traces
OF the lead left about the mark.
Cross-examined. witness stated that he had
examined all the marks on the fiuted pillar. but
this was the principal mark and was called 10 his
attention by Mr.. Lipscomb, the then assistant
District attorney. Had had some experience
In examining bullet marks on iron targets at
the rifle range at Behring'S eight or ten years
ago and at the Dong. rifle range liz the
city last summer. Had Clipped off the
point from another pillar in the saloon with his
penknife and the mark he made that way re-
sembled to a certain extent the mark on the
pillar in question that he had examined with
microscope.
Mr.. Lipscomb was called and testified to the
examination of the mark. He said that the
mark was pointed out to them by Mr.. Neu-
myer, the proprietor of the saloon.
When asked to describe the mark he said
that he could best do it by SAYING that il was
precisely like another mark made in
another pillar by DIR. Schaeffer with his pen
knife.
Mr.. Neumyer testified for the defense that
the pillar had been washed once week from
the time of the shooting down to the time of
the microscopic examination made by Dr.
Schaeffer.
MR.. CLAGETT BEGINS HIS ARGUMENT.
This closed the tettimony in the case an M
Clagett at once arose to begin his argument be-
fore the jury.
More Medical Testimony Yesterday.
After IKE STARS report of the Ward trial
closed yesterday Surgeon General Hamilton
testified that he saw the spinal cord of Adler
at the time Of the autopsy and that to all ap-
pearances it was uninjured. This testimony
was introduced to prove thatthe ball could not
have struck Adler direct. but must have
ricocheted, otherwise the ball would have torn
through the cord.
ONE LINE OF DEFENSE DRoPPED.
Mr.. Clagett asked question as to the pro-
priety of the operation performed on Adler, but
the counsel for the defense at once objected
Mr.. Wilson and Mr.. Coleman both stated to the
court that they had not asked and would not
ask any questions to prove that the medical
treatment Of Adler was not a proper one.
They would not go into that branch OF the de-
Tense at all. as the testimony in the case had SO
developed that the first two lines were in their
opinion perfect and they would abandon the
third, as they did not care to start a long con-
troversy between physicians that would proba-
bly, carry the case through and after Christmas.
Considerable argument ensued as to the pro-
priety of allowing much IF the medical test
mony to remain on the records in case the
third line of defense is abandoned.
DIR. aoDDrNa EXAMINED.
DR.. W. W. Godding, superintendent of St.
E,izabeth's Asylum for the Insane, was next
called. The same hypothetical question was
propounded TO him as to DR.. Kempster. out
lining the circumstances surrounding a man