Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-06-12
FRANK X. WARDS CASE.
His Counsel Want Him Released on Bail
TIL His Health Is Restored.

IN DANGER OF BECOMING INsANE-THE MOTION
TO ADMIT TO BAIL WILL BE HEARD NoSDAr.
The Criminal Court room this morning was
filed early by an interested audience. The
expectation that the trial of Frank K. Ward
for the murder of Maurice Adler by shooting
him on June Is last would begin accounted for
the unusual demand for seats. The chief
justice took his seat promptly at 10 O'Clock.
A few minutes later the defendant appeared
with his counsel, Senator Blackburn, Judge
Wilson, James Coleman, W. K. Duhamel and
Chaplin Brown. District Attorney Hoge and
Assistant District Attorney Lipscomb followed
soon afterward. Among those present was the
father Of young Adler and quite a large num-
Der OF the friends Of the defendant.
When the case was called Mr.. Wilson said
that they would ask q continuance. and would
follow 1t by a motion to admit the defendant to
bail.
A STATEMENT FROM DIR. GODDINa.
He then read a report from DR.. W. W. Godding
to the district attorney, dated in February last.
stating that he found the prisoner in a state Of
nervous debility and somewhat mental impair
ment, having lapses OF memory and suffering
from insomnia, getting little sleep. DIR. God
ding concluded that while he did not find
Ward insane yet as the case stood there was
danger of his becoming SO.
WHAT OTHER PHYSICIANS SAY.
Mr.. Wilson also read an affidavit Of DR. STAN
ton that he visited the prisoner February p
found him in conversation rambling and dis
connected, and from his professional knowledge
Of defendant he believed that the mental strain
and confinement would probably result in in
sanity. He also read afidavits Of Drs. Hamil-
ton Leach and W. o. Baldwin that they found
that in his present condition the prisoner was
incapable Of assisting his counsel or of giving
testimony in his own behalf.
THE JAIL GUARDS.
Afidavits Of Collins Cruson, J. W. Jones,
Arthur Payne, Robert Strong and j. W. Gra-
ham, guards at the Jail, were also presented.
They represented that the prisoner had failed
in health mentally and physically and sleeps
but little; that his cell door is left open and he
is granted privileges for fear lest if left alone
he might do himself harm.
AFFIDAvITs FROM COUNSEL.
Mr.. Wilson also read afidavits made BY him.
self, Senator Blackburn and Mr.. Coleman to
the effect that Ward seemed to have q disor-
dered mind, that he is unable to give q con-
nected statement of the shooting, &c. He then
read the motion for admission to bail and for
u continuance Of the cause to a reasonab BILE
period.
TO MEET THE AFFIDAvITs.
District Attorney Hoge said that in a motion
for continuance affidavits could be presented,
u lii ulOllOn tutiit " Dali WAS HOt Que 10
be heard with the other. As to the first motion
he claimed the right to examine the affidavits
and to meet them by counter afidavits. He
moved that the defendant be required to elect
as to which motion they now presented.
HI WANTS LIBERTY OR NOTHING.
Senator Blackburn claimed there was no limit
to the discretion of the court on such motions
as presented. AS to the motive for severance of
the motions, he was ignorant of any rule re-
quirIng it. They did not want a continuance
Of the case if the defendant is to go
back to confinement. They could not
sever the motions. for if the prisoner is to go
back to the Jail they will accomplish nothing.
referring to the dates of the atfidavits he said
that they showed the danger of the further I'M
prisonment of the defendant.
Mr.. Hoge in answer said that in a recent case
Chat OF Judge Kincaid) the court ruled that
when application for bail was made the wit
nesses should be present. Referring to the re-
port of DIR. Godding, he said that it was made
i'll February and was of no value unless the
doctor was present. He repeated that the mo-
tions should be made separately.
Mr.. wilson's RaUMEN
Mr.. Wilson said the motion for bail was sub
sion of the two motions grew out of the pecu-
affidavits showed that the aiiment of defendant
was continuous. Suppose they had come in
with the frs: motion and the court ruled that
it would be cruel to put him on
trial, would it not be cruel to put him back
when the aggravatiou goes on. When the case
was called he might have become insane or
have gone to a higher court. He
claimed that they adopted the proper mode
for a continuance aud the court had the
right of its own motion to act on the question
Of bail. He claimed that bail should be take
so that they could have an opportunity to
restore the wreck now before the court.
Mr.. HOge said that when the afidavits Of
counsel we're read that the defendant could not
go to trial he felt that no opposition should be
made to the continuance. But he could not
agree that both motions should be pressed
together.
HOW Mr.. COLEMAN FOUND WARD.
Mr.. Coleman explained that he was called
into the Case May 81; that he went to the Jail
aud had several interviews with the prisoner
and was shocked to find that he was
about to be tried and in such a con-
dition Of mind that he could not
safely go to trial. Then he conferred with his
associates and they came to the conclusion
that the prisoners mind should first be re-
stored. They had believed that the govern
ment would not oppose them. He denied that
remorse had anything to do with his condi-
ton, for. in his opinion, if the defendant
was in his full senses on the trial the result
would be al acquittal. He then called atten-
ton to the affidavits and said they bore out the
report Of DR.. Godding made four months ago.
Mr.. Hoge said the examination by DIR. God
ding was made at the request of counsel for the
defense.
Mr.. Coleman continued, saying that the APP
plication was made to prevent the defendant
developing insanity and they preferred, if the
prisoner WAS not enlarged on bail, to go to
trial and take the chances. He desired to say
they wanted only n short continuance, sufh-
cient for restoring the defendant to health.
THE JUDGE THINKS SOME RESTRAINT MAY BE
NEEDED.
The chief justice referred to the want Of
specific rules. On the motion for a continuance
no notice was required and there WAS no diff
Guilty as to such motion. He had no doubt but
a continuance could be granted. The difficult
motion was that it was coupled with the mo-
ton for bail.
The court might require the parties making
was quite clear that the matter Of a ~continu-
ance should not be acted upon until the other
Is disposed of. and it would be held in abey-
ance. As to the matter of bail there were some
serious questions. TIL afidavits show
that the prisoner is in such a condition
OF mind that it was dangerous to
leave him to himself. and it would not do to
relieve him OF all restraint. Whether some
other restraint is not necessary and
continued medical attendance should not
be continued Is also u question. The
government had asked to examine
tho testimony and Al opportunity to meet it,
and he suggested that the counsel confer as to
whether there should not be some other re-
straint and treatment.
Mr.: Hoge suggested that the case go over to