Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-24
T:45 O'CLOCK Pm.
WARD A FREE MAN.
The Jury Renders a Verdict Of
Not Guilty.
TEE FINAL SCENE OF THE TRIAL
Only a Short Dedication Needed
to Decide the Case.
THE CHARGE TO THE JURY

After the report Of the Ward case in the
regular edition of The STAR closed, Judge
Hoge, the District Attorney, continued his
closing address to the jury.
| Judge Hoge, speaking Of the pleasant things
that had been said about him by the counsel for
the defense. said that praise from Sir Hubert
| was praise indeed. but what could he DO more
| than be fair. 1t was not q bloodthirsty
government whose behests he was to carry
into effect. All they wanted was Justice. just
| ice to the dead and to the living. and he
said he could never forgive himself il he
allowed the jury TO bring in an improper YER
dict if he could prevent it. The facts, he said.
| we're simple. Maurice Adler is dead He died
from the effects of a pistol wound inflicted by
pistol in the hand Of Frank K. Ward II
| Ward fired the fatal shot with malice il was
murder, though now after the victim has lain
in his grave for over year the counsel for the
defense are unwilling to characterize the act by
the proper name. The law presnpposes malice
for man is presumed to intend the conse-
quences of his act. Judge Hoge said that he
was willing TO admit that Mr.. Clagett had fol-
lowed its strongest course as claimed by the de-
| Tense.
He called the attention Of the jury to Wards
behavior at the time of the shooting and the
arrest. Ward did not seem to be surprised at
the consequences of his act as a man would
have been who did not intend TO act as he did
THE RIcHocuErED SHOT.
He also ridiculed the whole theory Of the
glancing ball, and said that il was a line Of de-
Tense that was never thought of in this case
until it was found to be necessary in order to
| strengthen the defense.
Judge Hoee again reviewed the testimony of
the witnesses OF the shooting and Of the cir
cumstances Immediately succeeding it, es-
peciauy the testimony of Joshua Lloyd, the
Waterman.
A man who shoots another by accident
| rs Immediately overcome with grief and
Amusement, said Judge Hoge. and he was
| willing to rest the whole case for the govern
| ment upon the single circumstance Of Ward
behavior and actions in the Marble Saloon that
night.
THE CHARACTER OF THE WITNESSES
The defense had criticised the character of
some Of the witnesses for the government end
| to this Judge HoSe answered that in the case
| of crime 1t is necessary to seek the witnesses
from the vicinage of the crime and the viciaage
| is determined by the person who commits the
| crime. In this case the occurrence took place
| IN a saloon and the witnesses must be sought i'm
| saloons and from the very puriieus of society,
Had the scene been the marble halls of the
|
| been summoned in all their gowns and dignity
They would be great Improvement on the
witnesses You have summoned" said Senator
Blackburn. This sally created slight ripple
OF laughter that was quickly stopped.
| THE QUESTION OF MALICE.
In discussing the question of malice and the
chance meeting at Marble Saloon Judge Hose
said that no one had ever animated that Ward
was hunting for Adler. There plenty OF
time for the malicious intent TO form in Wards
mind after Adler entered the saloon and while
he was watching the game of pool.
Defense OF THE SURGEONS
| Tempted into another path of argument BY
an aside remark from DIR. Coleman, the dis
trict attorney made a spirited defense of the
| surgeons who attended Adler. and criticized
quite pungently the action of Wards counsel
/ III dropping the line OF defense which charged
| Adler death upon the physicians. 1t mattered
! not if Adler were within a day or an hour of
certain death ii was murder to shorten his ex-
, istence even that much. On the question of
| responsibility Judge Hoge said it had been
held by the defense that Ward WIS not re-
| sponsible because he was at the period Of The
| crime continually drunk. If that plea was of
any force then some day the country would
| find itself confronted by the condition of in
| creased crime because there was en- increased
| consumption Of alcoholic liquors and yet a de-
crease in the number of men punished because
they were NOT Responsible.
THE INSANITY TEEonY RrDIcuLED.
He ridicuied the insanity theory and said that
no one would go to jury of cab drivers and
bar keepers for testimony as to the mental con-
dition of any one. evidently having reference
| to evidence submitted by the defense The tes-
timony of the insanity experts for the defense
was generally touched upon az being of but
little real importance; simply individual
opinions, liable to be at both extremes of any
question. The judge said, referring to the tes-
| timony of DIR. Godding, that superitendents
of lunatic asylums drew their salaries an the di-
rect result Of insanity it was very rarely that a
superintendent of such an institution could be
found who would not declare insane pretty
nearly every person who came along.
THE WAGES OF SIN ARE DEATH.
In conclusion the district attorney insisted
that the wages Of sin were never less than
DEATH that human deprsvity could never be
mistaken for human insanity. He regretted
the necessity which made him prosecute man
who from such humble origin had built up
such great and prosperous business rs had
Ward. Could he (Hoge) wipe out Of existence
any act in the history Of the past eighteen
months he would obliterate that awful scene in
the Marble saloon. The only things to be con-
sidered were the facts and the Law. IL the in
genuity of counsel was to defraud the law Of
its just due it needed no prophetic eye 70 see
the future Of . country where Law lies bleeding
and jnstice not only wells her eyes but sheaths
her sword. In your hands, gentlemen, leave
this momentous question.
Judge Hoge spoke for one hour and . bali.
SEASON OF ANXIOUS sUsPENsx.
No one left the room at the conclusion of
Judge Hoge's argument. All remained 10 hear
Chief Justice Bingham's charge to the Jury and
the law az he laid il down for the government
in reaching their decision. An unusual hush
fell upon the crowded room ~ the presiding
Judge began his address He spoke in Q low
tone Of voice, but his every word was heard all
through the room. II was late in the afternoon;
the SUN was setting and darkness was fast set
Ting down in the historic old court room
lending an added seriousness 10 the occasion.
Every member Of the jnry 10 whom was an
trusted the fate of Frank K Ward listened With