The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-15

Spent its Fury.
Judge Ruggles and John E. Shipman
appeared in the district court yeSter-
day and argued for a new trial in the
case of Ward who was convicted OF
having forged a mortgage on farm in
Gypsum township belonging TO aiorri-
son brothers.
Judge Ruggles claimed that several
witnesses testified that Ward appeared
and signed the mortgage, while an
equal number of witnesses swore that
Ward was in Texas at the time and
could not have been in Kansas at the
time the deed was signed.
He claimed that this raised a reason
able doubt as 10 whether Ward was in
Kansas at the time the mortgage was
signed and entities Ward to a new
trial.
Judge Ruggles also claimed that in
his instructions the court stated that
the evidence tended to show facts that
were entirely within the province of
the jury to decide. Also that instruc-
lions We're dictated by the court to the
stenogTapher in the presence OF the
jury and that they were afterwards re-
duced to writing and given TO the jury
Judge Reed became indignant and
claimed that the attorneys had been
treated shabbily because the attorneys
We're all present and consented TO the
proceedings and now they raise the
question that the court erred.
Judge Reed was indignant and the
lawyers gathered around and there
was intense interest in the proceed
inss. Judge Ruggles held his ground
and claimed that Ward should not be
made to suffer for any mistake of his
attorneys If such mistake was made,
but Judge Reed said he would make
oath that Wards attorneys had given
consent as he knew the law and would
never have permitted such thing I'M
less consent by both sides had been
granted.
The motion for a new trial was over
ruled as was another motion for ar
rest of judgment. Judge Reed i'm his
decision overriding the motion for
new trial stated that d party to a suit
could waive any right short of a trial by
jury in case of murder in the first
degree. He admitted that one decision
by the supreme court of Missouri was
against this view. but that decision
was made twenty years ago and we
have grown away from it.
After a motion for a new trial and
both been overruled Judge Reed or
dcred Ward to stand up and receive his
sentence. He stepped in front OF the
judge and rested his hands on the rail
ing that surrounds the clerk desk and
when asked if he had anything to say
Ward. with a few tears giistening in
his eyes and with pale face. said in a
tremulous tone of voice:
Il am not guilty of this offense of
In i..I how rad 4
have produced the dispositions of fifty
people if L had possessed the money to
take them to prove that ] was not in
this state when this offense was com
mitted, but was in Sherman, Tex.
My friends have now promised to
furnish me money and j could prove
by the chief of police of st. Louis that
Rufus Cone sat there on that Witness
chair and gave false testimony against
me.
Then as to the witnesses for thestate
who claimed to have seen me sign the
mortgage and afterwards recognized
and picked ne out at he county Jail.
one of those witnesses was old man
Phillipes and O. Fl. Bentley came in
and called me Frank, and then Phil
Inns said yes that is him. The other
witness. Charley Horner, told him
here is Ward, the man you are look
ing for
Judge Reed then reviewed the testi-
mony in the case and said that it show
ed that Ward was the man who forged
the mortgage, though there was con-
ficting testimony. He said the books
were full Of cases of mistaken identity
and he would be grieved to think that
Ward was not the real offender and
had been wrongfully convicted.
II state before you all and before
God" said Judge Reed that the little
episode which has occurred here has in
no way affected my Judgment in this
case 1t is not he object OF the law TO
destroy and ] shall take into consider
alton your condition of health in pro-
nouncing sentence"
And when Judge Reed gave Ward
five years in the penitentiary the law
yerS all seemed TO feel good over II.
Judge Ruggies and Mr.. Shipman said
they We're satisfied and County At
torney Davis said: Judge Reed has
very properly tempered justice with
mercy in this case He could have Civ
en- Ward tweny years but do not be-
lieve that he would live ten years in
d.