The critic., 1890-12-22
MR.. COLEMANS QUESTION
IT WAS HYPOTHETICAL AND THE
PROSECUTION OBJECTED,
wbcrcupop a Lengthy Argument Ensued
: A Man Who Acted as Ward Did. Ac-
eording TO the Testimony. Would BE
Insane. DIR. kcmpstcr Says.


The attorneys of Frank Ward are now
nearing the close OF their defense, and IL
il very probable that the testimony in fn-
yor of Ward will be finished to-day.
The defense have prepared q number OF
lengthyEqucstions embracing q hypotheu-
cal case similar to that of Wards and in
Guiding all the insane actions of the ac-
cused to which witnesses have testified.
These questions will be propounded to-
day to experts on mind Diseases who
will be required to give their opinion of
the sanity of the man whose peculiar
deeds are related therein.
After the defense has been closed tho
Government Will introduce rcbutting tcs-
timony, which will be followed by the ar
guments.
The argument ror thc Government will
be opened by Mr.. Claggctt and closed by
District Attorney lIuge. Judge Wilson and
Senator Blackburn will deliver the argu-
mcnts for the defense Mr.. Wilson speak
ing first. II is stated that the case will be
ready for argument some time tomorrow.
To-duy's proceedings were opened by
Judge Wilson, who called the Courts at
tention to the fact that he had asked to
retain Officers Hamilton. and Hughes for
further crosse examination, when they
were first called, regarding what Ward
said when he was arrested, but instead of
that would read the testimony given by
Mr.. John Drew upon the hearing for bail.
Drew is now sick and unable to attend
court.
Mr.. Ioge objected to the testimony
being read, and the matter was not further
pressed nj this point by the defense.
The first Witness called to the stand this
morning was DIR. Walter Kempstcr, and
short delay occurred, during which Judge
Ioge read over the first of the theoretical
al Iafn Ind
Hogc objected to the question on the
ground that II contained the assumption
that the evidence embraced in IL was not
before the Court and jury. There had as
yet been no rcbutting testimony intro
dlced by the Government, and the ques-
ton in itself was such direct and leading
one that 1t could only be answered af-
firmatively.
Mr.. Hogc then read various omissions
which he found i'll the iucidentsof Ward $
insanity detailed in the question. Among
them was an omission to state that when
Ward threw his money around II was
always among friends in saloon after he
had been drinking, and that the money
| was always returned to him. Judge Hoge
also discovered an omission in the account
Of Wards action at the Riggs House.
when he was presented with u bill for S25
by Officer Hewes. -
Discrepancies were also found in the
| cabman adventure, the drive with Mades
to the smithsonian grounds, Mr.; Thomas
| testimony and other incidents detailed in
th9 question. one fact winch Judge Hoge
called particular attention to was the
OMISSION TO state that the witnesses meyer
said that Ward had detir'un t'emens, but
| that he was on the verge of that disease.
| The question also failed to state that Ward
| had played skillful game of billiards, just
before the shooting of Adler, when he
| was supposed 10 DC uhuer intense nervous
] eNGltement.
| Judge liogc read second question SUP
ml!lea py thsnelehse en, 10 wnich ne StrohHiy
| oplee!eu. ms QUESTION aetailcd tne
| shooting OF Adier Dy War1 according To
| .he VieW ol 'ne ueiense anu Inen requires
| tne wlthess 10 answer whetner ware
ACTIONS Oh ,ia, occasiou Wotiiu cIanee lhe
| opiihlioii oi ms SHINY gwen Ill an answer
10 .ne i,ist luss'iTom,i T, H., ,;, ,. a.,
In cohclVsioli Juugc iioge saiu tl1at tn9
gravest objection 10 hypothetical
| Yucs.ioii WIS tha. :. Piuceu ,ilc Mthess
IN Wy iosssiuii VI tne Juiy anu tIiS Wi,iicss
Will IN iaN. ~, pc uem'eriiig Ecrolce;
senator plackDurn, ~ reply 70 Juug.
Etnsy pp!ee.ioiis' A'iu 'iat1 thcy-tW,er;
ilisu.ous uliu p1.'Y. - ,ic tneore.io'u y
QUESTION In1 was rulea ont ny y ine tgltt II
Mouiu DC lantainotlit ,i 10 rniiig tnh. iit
nyPo.n;sloal P.;isa lues.loi @ toulu 1e ,,i.Io,auceo
| ~
aiisWJr sNe, rn uy euoii W,thuss, , I.il uiiu
uon'lic.e. NJ ne oo,insel M iol WY pl1psG;c,r p1;
uon' e9nsiuueo .ne, oeiin.or' uesires
'a .i,a. VIZ uliehse III pitsu,i..nS .,,e'r oMi
satH ,. nnV'i" ~ "i'o ii0'e''' 'i"o Va ''o Pio'o
oui,on; .,,o, A..
~ ~, S,ni t"n,i',vlt n o,io aus f
1aui u Wy ~ p1 p11'frusv9i f, Iu.,Jo', az SUI,
ieHS'h. ~ litiu iouiiu the ruie vi Ihw' ~
1n,u, ~ W .,i'Iah p eHp;iv ooui.' moo " ~.
iowea 70 EN- ms opi,iiom III lii alsW9r III , 70
hypo.ieeea, Iut;a.iJi; ",iiess nia omo w
uosU M"s s,i e !. ~ o 'nu Ia.,,;, .a'to ~
@ io. p Sesa por..otEis E Vi ~ ~ mcre sui,aoie h -
Wy uetenee VI "o'eihiic"'' 10 'Ao e"s'
might De: .,o r,o.,o ,,
al s . oIii1,, I1, wy yus.'ee saiu, Ma9 a, .ia,
a f,, .iie esueI1, n no. ,U,oae,i h u. ,aus,
.s wi as possipic nno.iu W Siiiprnoeu -
typothetlcal Questions regarding insanity,
as Qniy Ihe sla!elnehI Oh oniy some Oh !ns
iuctS Wouiu not iairiS PicschIthe I"es'ioit.
10 the expert.
senator plackpufh raiseu the poiht Una!
itwouid tnel De necessary ior tne experl
4 70 pc pTeseht when tne Witnesses gavt
.neir tes.iihony aitu 70 I'ugu oa shc ,a' rhlu'
OF ING eViuence OF uncn witnsss' Iner!
was also great alnicuity, the senator
suggested, IN securing aii tne tes!iiIonA
aireauy gwen No minutes ha9 neel
taken oI al tue testimony. Inc uelelst
nau y stenograpner, put ne Was Ha hot reHos
nizeu ~ uie u1'eritrncn,' Iin, me recollct'
uons OF counsei uiiereu, anu me testi
mony could not be remembered IN tha
manner. Inc result would DC that tn'
trial would be drawn out to an indelinlt'
lenEh while the stehographer prepares
All the testimony Then 1t would have q
be submitted TO the expert ana discussed
III every minute uetnl' .,,
Messrs, '9ienan hhu wilson also loon
part III tne discussion. me latter ciallncf
that the testimony the expert would giv'
III answer lo nSpo'he,iG"i iucsuphs wa
merely testimony, and ITS truth or nm
truth would be weighed and decided by
| the Jury.