Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-06-17

fkoNisE NOT TO DRINk-THE TRIAL POSI-
PoNED TO OCTOBER.
There was much consultation among counsel
in the Criminal Court this morning and much
chatter in the audience that seems to have an
ABNORMAL interest in the case OF Frank X.
Ward, whose endeavor to secure bail had at
tracted great deal OF attention. Yesterday
afternoon after THE STAR report closed the ar
gument on the motion TO admit to bail and con-
tinue the case was closed by Senator Blackburn
for the defendant Chief Justice Bingham an
nounced that he would give his decision this
morning. BY 10 O'Clock this morning there
were no vacant seats and very fair proportion
OF the standing room was occupied. shortly
| after 10 o'clock Ward entered, escorted by his
wife. her sister and his son. There was an ap-
pearance of hopefulness in Wards demeanor.
which has not heretofore been visible. lie
| talked almost continuously with his wife. who
| sat at his left hand Personally Ward was
something of an improvement on his previous
| appearance. He was clean shaver aid wore the
same gray suit he had on yesterday. 4 white
| shirt and a new turned-dowp collar had sup
planted the dusky flannel garm, Mt he has been
| wearing. while q small silk crimson and blue
| scarf frightened up his costume considerably
GENERAL CONSULTATION.
When Chief Justice Bingham first entered
the court room he did not take his accustomed
seat on the bench. He held a few minutes
| whispered conversation with District Attorney
| Hoge and then retired. The district attorney
| talked for a while with his assistant. Mr. Lips
comb, and then they both had confidential
communication with counsel for the defense,
| the upshot of which was that Mr.. Jere NJ. Will
| son, Senator Blackburn and Mr.. Coleman went
out with them and. together with the chief
justice, held lengthy consultation.
SMILE.
| 1t was 1885 when court and counsel returned.
the district attorney being considerably in the
rear. The look OF appealing anxiety on Wards
face painfully evident. but ii was no more
so than the expression of his faithful wife :
| features. As Senator Blackburn passed them
| on the way to his seat he nodded reassuringly
| at his client In an instant a broad smile had
! chased away all doubt. Tho cheerfuness
spread TO Wards wife and child and there was
very joyous grin on the face of Mrs. Wards
| sister.
| TIE DECISION.
The silence was absolute as the chief Justice
commenced to deliver his decision. Very
slowly he said I'm the case of the United
States against Frank X. Ward a motion has
been made for a continuance and 10 admit "a
! bail. The evidence of a number of witnesses
| has been submitted TO the court princi-
pally the testimony of medical experts
IN relation to the condition of the
health, mental and physical, of the de-
PENDANT. [ do not propose TO discuss OF
examine in detail this evidence, but will
simply give the impressions it made upon my
mind The testimony establishes the fact that
this defendant is seriously affected with a
bodily disease: that he has a disease which, IL
not already beyond the power of human skill
| to restrain. soon will be. Medical experts say
he is affected with Brights disease in an ad-
| yanced stage. 1t is of course necessary that he
should have strict medical treatment, and il
| also seems necessary that the circumstances
| surrounding him should be as favorable as
possible il order that he may be restored in
whole or in part to health. In addition 10
these physical disqualitications his nervous svs-
| tenn is SO affected to affect his mind.
| There Is not sufficient nutrition OF
the brain and that organ cannot perform its
proper functions. He Is unable to sustain
| continuous mental eXertion. He is unfit to
sustain protracted excitement such as would be
caused by his trial. For that reason it would
be mauifestly improper that he should be tried
just now. His counsel have stated that
! he Is not OF any use to himself
nor can he assist them; he is not in any hit con-
dition to be witness. | am of the opinion
that 1t would not be proper to say that he
should have a trial at this time: il would not be
In accordance with any proper practice with
| which am familiar.
| WHAT SHALL DE DONE?
"If the case be continued the question
|
The evidence shows that the physical and
menta! manifestations of disorder would con-
tinue until he would probably lose his reason
and his life. The evidence is to the effect that
| any enforced confinement would probably be
| detrimental to the defendants health. What
he needs Is complete rest; complete dissocia-
ton from the events and scenes by which he is
now surrounded
| QUESTION OF SAFETY
"Under such circumstances | deem it nv
duty. if it can be done with safety, to order
that he may be admitted to bail Whether it
can be done with safety to the defendant and
| to the public Is the question that has troubled
my mind. The evidence lis plain that the de-
PENDANT has been addicted to the free use of
intoxicating liquors, and the effects and extent
| OF that habit have been developed in
this and a former hearing With the
| knowledge We have of the difficulty usually ex-
pcrienced by those who endeavor 10 divorce
| themselves from the liquor habit have feared
| there would be great danger lest. if the defend
| ant was admitted TO bail, he might relapse into
| Incorporate drinking and all the evil effects of
| his former dissipation be repeated or more
than repeated. In his present condition il
needs no expert to tell that such a relapse
would be fatal TO himself and might be danger
Gus to the public.
If the defendant will entirely refrain from
| lntoxlcants l feel assured he will be safe both
| to the public and himself. Whether he can re-
cover or not with temperance is a question,
but | have no doubt that indulgence in strong
drink would bring about his speedy decease.
| The matters of which speak are matters
of public notoriety, and speak of them because
it Is my duty to. Now. Mr.. Ward, wish to
ask you if you will promise me soemnly to re-
frain absolutely and entirely from all intoxicat-
ing liquors."
| WARDS PLEDGE.
Ward arose quickly and. with good deal of
rapidlty, said: Yes. sir; l promise 1t, and |
call upon this audience to witness it," Then
| he sat down.
BAIL IN S25.000
The court then announced that the defend
ant was admitted to bail in the sum of S25 900,
and added. Il would warn the defendant that
! If this pledge he has made here is violated
| means will be taken to secure his immediate
| reincarceration. The order of the court is
made subject to the keeping of the pledge"
! Judge Wilson OF the defense addressed the
court and stated that if any knowledge of a
violation of the pledge came to his ears he
| would at once notify his honor.
| Senator Blackburn tapped him on the arm
| and whispered, Say it for all of u.s." and Mr.
| Wilson repeated his declaration in the plural
TO BE CALLED FOR TRIAL OCTOBER H.
! Ii was then agreed to discharge the witnesses
until Tuesday, October IA, when the case will
| be called for trial.
| WAITING FOR BoNDsMEN.
Ward, with a number of friends and counsel
retired into one of the witness rooms and there