Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-16
WHERE THE SHOT WAS FIRED.


playing witness said Maurice Adler came in
and walked toward the railing dividing the bar
room from the billiard room. At this point
counsel got out their photographs of the interior
of the saloon. Several were given to the jury
| and ono handed to the witness. With its aid
| the witness described how Adler entered. He
was there three or five minutes before Ward
and witness finished their game. Adler started
to go ont toward the 9th street entrance when
Ward asked him Whats your hurry?'
Adler said he was in no particular hurry.
Ward then asked him to have a drink. Adler
| said: We'll. I amt drinking" Or something
to that effect Ward said: ''Oh come on and
join u.s. and started toward the bar.
| The witness said Ward stood Mt the bar, the
first one from the 9th-street entrance. with his
| back to the bar.
The witness was next and Adler stood next
to the witness. Witness was in the middle.
| Ward asked Adler again what will YOU have?"
and Adler said, Il will have settler and lemon"
THE SHOTS FIRED.
Ward said. ''You will" and then fired toward
| Adler's feet. Adler was standing SO that wit
ness did not see him when the shot was fired.
| There we're two shots fired. After that he saw
Ward attempting to put up his pistol. Wit
ness saw Adler lying on his left side behind the
| mirror at the end of the bar. His head was
toward a pool table and his feet toward the
| bar.
Witness asked him: "Are you hurt, Maui
| rice2" and Adler made no reply.
| Witness then told Mr.. Ginnity to 60 for q
doctor and to go to the club and get Adler s
| father. Adler lay in the saloon for an hour
and half after the shooting. He said nothing
during that time.
The witness was asked again what Ward and
Adler said Just before the shooting. He replied
that Adler said II will have lemon and settler"
and Ward said, with an upward interrogative
infection. You will?' After the firing of the
shots, he said. the officers appeared almost as
quick as witness could relate it.
CRoss-ExAMINED by MR.. WILSON.
| Mr.. Newmyer was cross-examined by Mr..
Wilson. Ward, he said, came in a little after Q
o'clock, and while there inquired for Mr..
Frank Finley. This was before witness asked
! him to play pool. He inquired for Finley and
| then started to go out. Adler was not there at
the time. Ward remained, when witness asked
| him to play pool.
| MIR. Wilson, rising, and using his pencil as
pointer, indicated different points of the court
room to represent different positions in the
| bar room.
| In this improvised scenery the judges desk
served for the bar, and Mr.. Wilson put up one
| of the large photographs at the end Of the desk
| to represent the mirror.
The mirror. the witness said, was at the west
end OF the bar. The witness went over the
story of the attitudes of the men with the aid
OF these imaginary points
| MAKING AN OBJECT LESSON.
Mr.. Wilson went up on the platform where
the clerk and reporters sit in front Of the
bench, and leaning OH the judges desk pur-
! sued his crosse xamination. "You will pardon
me-" he said to Chief Justice Bingham, for lik-
ening your bench to a bar"
Mir. Wilson posed in his little drama as Mr..
Ward, and leaned up against the bar. He had
/ Ncwmyer leave the stand and take the position
/ I'll 49,.
The post or pillar the witness indicated stood
| about ut the corner of the clerks desk. The
| first shot, he said. was down toward the floor
the second was elevated toward the pillar.
! Gould he have fired a shot at Adler" asked
Mr.. Wilson. ''in the position in which YOU stood
without firing right through you?''
| No, sir, he could not, said the witness.
! The post pillar. the witness said. was
thickly covered with paint. having been painted
! frequently. After the occurrence Mr.. Ginnity,
mark on the post about five feet from the floor.
1t was an indentation. The post had been
! painted once since the occurrence.
REDIRECT EXAMINATION.
On redirect examination by Mr.. Clagett the
witness said there were four or five posts or
| pillars in the saloon. He had never examined
the others thoroughly to see whether there
! were marks on them. As matter of fact the re
were marks on all Of them. The witness said he
| had been examined several times before in the
proceedings connected with this case.
! Have YOU ever before in any of your exam
nations" asked Mr.. Clagett "said that Mr.
Ward asked for Finley when he came in?''
! Il think have. sir?''
/ Have you ever before in any of your exam
NATIONS" continued Mr.. Clagett ''said that
Ward fired in the direction of the post?'
ITO the best of my recollection think /
have, sir, y replied the witness.
BARKEEPEn GINNIry CALLED.
James Ginnity. the barkeeper in the Marble
Saloon was next called by Mr.. Clagctt. Mr..
Ward, he said, spoke to witness and to New
myet when he came into the saloon and Ward
and Newmyer drank together. Then Ward
started to go ont, but remained on Ncwmyers
Invitation to play billiards. The game, witness
flid, had been in progress about ten minutes
spoke TO Ward. Adler sat on the railing di-
yiding the, billiard from the bar room, and
about the. time the game was finished, got
down from his seat and started out. Ward
said: .'Well. what's your hurry" Adder said
| TIM in no hurry, and turned back. Ward said
.'Takc a drink with us," and Adler said, mo;
thanks" or something to that effect. Mr..
Ward urged Adler to join him. and they came
to the bar, when Adler said: Il Il take lemon
yand selt2er." Ward said: lyon will. will your
and the second elevated. When the first shot
was fired Adler turned and started toward the
mirror. The second shot, he said, was fred
almost instantaneously after the first.
Witness thought that Ward. when he first
came in, asked: HAS Frank been in?' 5
| Mr. Clagett asked the witness what. if any,
thing, Adler did before the shoot
ing. Tho witness answer was
'Nir. Adlcr's hands perspired- h. had a
hhbit OF putting his hands in Mis- rear pocket to
draw his handkerchief to wipe his hands. He
did that u good deal, especially when he was
excited. Edo not know, though, that he did it
| at that think"
| The witness, when cross-examined by Mr..
Wilson, corroborated Mr.. Newmyer's descrip-
ton of the positions of the different men and
/ the iMpossibility of Wards shooting ut Adler
except through Newmeyer. On redirect ex-
amiuation he said again that Adler had turned
away between the first and second shots. The
4 witness said that his impression was that New
myer, Ward, Adler and himself were the only
persons present
| HARRY BucKIN0HAN TKsTIflEs.
Harry II. Buckingham, ON actor, *as next
called. He said he went into the Marble SALOON
about 8.A5 O'Clock and saw Mr.. Ward and Mr..
/ Kewmyer drinking ut the bar. He heard New
myer invite Ward to play pool. Ward aid:
! mo; Iwill play game Of Billiards" The vii