Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-24
TALKING 10 THF JURY.
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supposes . motive, Just as the presumption is
that q man is sane until he has been proved in
sane. Yet the very witnesses Of the prosecution
had proved that the defendant did not act az .
result Of malice and intent In order to con-
yict the Jury must believe that Ward shot Adj
Ter; that he shot at him intending to kill him,
and that as . result OF the shot Adler died. and
with al these elements they must believe also
that Ward was of sound mind at the time
Of the shooting. There had been no evidence
offered that Ward bad ever showed the least
threateningiy Of him. Adler followed Ward
into Hurdles saloon and into the Marble
Saloon. Ward did not follow Adler II
was by accident alone that Ward had
pistol about him on the night of
testified that he had never known Ward to
carry q weapon. Had he been meditating Ad-
ler's murder it would never have taken so
much persuasion 20 induce him to carry the
pistol away from the Morgan House that after
noon. Finley testified that Ward did not take
his pistol away that day, but that he refused to
keep 1t any longer and insisted on Wards TAX
ing it away.
WARD WAS NOT HUNTING FOB ADLER
that night. BE was playing game of pool in
the Marble Saloon when Adler came in. There
were no ugly words. Ward asked Neumyer and
Adler to drink. There was nothing hostile. No
one could say that Adler's remark, "Tll take a
lemon seltzer," was such as could have enraged
Ward. When Adler ordered his drink Ward
said, .:You will2' and then did what2 Shoot at
Adler? No.
There is no testimony to sustain that. There
was no malice in that act. When did Wards
malicious intent begin? Not when he entered
the saloon. Not while standing there.
Not in that first shot. Yet
it must been formed some time,
or else there is no foundation for the charge of
murder. 1t must have been formed between
those two shots, and yet all the evidence is that
those two shots were 30 close together as to be
almost instantaneous.
Ward raised his weapon without changing
his aim and then fired again in the same direc-
ton except as to the elevation Of the muzzle
Of the pistol. 1t was physically impossi-
even Ss f0 | for to ha sake shot Of A ssa
ment we admit that he wished to do so. Neu-
myer, the larger man Of the two. was between
Adler and Ward and must have been shot had
Ward aimed in the direction of Adler. The To-
cation Of the men places the government in a
dilemma from which they cannot extricate
themselves.
Buckingham sword that Adler stood between
the two others, said Senator Blackburn. If
that is true it was SO much the worse for the
government, for If Ward was within two feet Of
Adler and next to him and wanted to shoot
him why in the world did he not fire bullet
into his heart? Adler ran.
buckingham had as much right to be fright
ened, for the firing was nearer in his direction
than it was in the direction of Adler. If Adler
started to run at once il fixes the interval of
time that must have elapsed between the two
shots, for he did not run as far as ten feet.
Five witnesses, said the Senator, told of what
they did during the time:s between the two Shots
The two policemen had conference and ran
240 feet in a time that the eye witnesses say was
not greater than one second.
POLICEMEN AND RAPID TRANSIT.
Senator Blackburn said that the problem of
rapid transit was not yet solved, for here were
two policemen travelling faster than telegraph
message. They ran nearly 100 yards while
Adler, who was running, as he thought, for his
life, was unable to cover ten feet.
He would not impeac; these two witnesses
but he simply wished to show to the jury what
was the nature of the evidence on which they
were asked to render a verdict. Ward was said
to have cherished malice toward Ad-
Ter, SAID the Senator from Ken
gether a short time before the shooting in a
saloon matching pennies for wine and then
drinking it. He wished the jury to remember
that the two men were not engaged in a friendly
encounter with guns, nor were they carving
each other with knives, but were engaged in
the hostile act Of drinking wine together.
Mamie CAROLS testimony as to malice he
said, had been utterly contradicted by the testi-
mony OF Hurdle and others Of the governments
own witnesses.
The Senator reminded the Jury that it was
only necessary for them to bring testimony to
rebuff the evidence of malice on the part of the
defendant, and thatthey had gone much further
than this without calling upon a single ono of
their own words.
NO ROOM FOB MANsLAUaHTER.
There was no room for verdict Of man
slaughter. 1t was either murder as the result
Of malice and forethought or the case must fall
to the ground. It was not An unlawful act to
shoot the pistol at the floor Of a saloon nor to
raise it and fire it without changing the
aim, nor was it lawful act
unlawfully committed. Ward was not endan-
gering human life. 1t was only by an accident
that Adler was hurt. Ward was shooting at the
ceiling, not at Adler nor at Buckingham. The
ball struck the futing Of the pillar and
ricocheted.
The ball struck two hard substances and the
ball itself furnishes indisputable evidence of
this fact.
DISCREPANCIES IN THE GOVERNMENT TESTIMONY.
Senator Blackburn called the attention of the
jury to the discrepancies existing in the testi-
mony Of the governments witnesses. He said
that no two of them agreed even in the funda-
mental features Of their testimony, and he
compared the statements of the various
witnesses OF the shooting, and of those
who ran into the saloon at the sound of the pis-
tOl. The senatorial advocate also criticised the
testimony of DR.. McBlair relative to the
prescriptions Of morphine to the para
lyzed Adler. DR.. McBlair testified that at