New-York tribune., 1922-06-25
Ward Evidence
Open to Him il
Father Returns
Weeks Would Trade Grand
Jury Minutes for Chance
10 Examine Elder Man
on Mystery of Blackmail
Defense Fights for Bail
Will Attack Indictment To-
morrow. Anxious to Quiz
Witnesses at the Inquest

vhe fcht 10 free Walter s.. Ward
from the Wcs,chcstcr County jail until
sncb Time as District Attorney Weeks
dec,des ~ call him 10 trial will be re-
sumcd tomorrow morning nj White
Plains before supreme Court Justice
Morsehauser. Wards lawyers arc ready
10 make an immediate appeal for DIS
,.saal of the Indictment charging him
with arst degree murder. As an alter
native they will accept his release on
bicb hail. Before tomorrow night
Ward probably viii know whether he Is
10 be permitted a temporary measure
of freedom or whether hc must remain
in his cell during the summer
The defense, il appeared yesterday
Is confident of success. justice Moi-
echauscr's ruling on sauyeTay that
District Attorney Weeks either must
c,,scnt 20 ncrmit the defense 10 in
spect the grand jury minutes or agree
10 hiring The easc to trial by July II
was followed by Mr. Weeks deelAta
tion that he would adhere TO ms dc-
termination to refuse immediate trial'
on the ground that he must have more
time 10 prepare hrs case. Ihis makes
IL anncar 10 many that Ins'ir" MOT
schauscr will permit access 10 inc
grand Jury minutes, and the deiHn''
counsel have intimated their Intention
once this privilege is granted. TO move
Immediately for dismissal OF the in
dictmcnt on the ground that the evi-
doncc does not justify an indictment
f0r first degree murder
Insists Father BE Produced
Nr. Weeks viii not give up the
grand jury minutes without a night ne
intimntcd Yesterday. lie Viii attempt
20 make il provision Of the bargain
that the defense must agree 20 produce
George y. Ward, tho accused man
father. who is regarded hy the prosecu-
ton as the focal point Of the mysteri-
Gus hlackmail plot. The defense has
agreed 90 produce the elder Ward
",vhcn thc ease Genes 20 trial. This
docs not atisfy SIR Week. who wishes
90 bring the millionaire before the
grand jury. Tomorrow he will attempt
again 20 persuade the defense counsel
10 agree 10 produce The elder Ward.
Failirg this he will fight against the
inspcc, on by the defense Of the grand
Jury minutes. asserting that such in
snection would hurt the peoples case.
The legal battle between the prosecu-
tiou and the defense regarding the pro
cedurc 90 be adopted 40 tho Coroner
irquirv has already begun. u was IN
ff.,otcd two DAYS ago that Ward :
counsel would nut un a hght for the
RIGHT 20 cross-cxamine witnesses at the
,roue.t. and that this privilege would
be oouoscd hy the District Attorney
Yc.,erlav. Allan r. Campbell. Of tho
defense counsel. addressed letter r.
Coroner Fitzgerald In which be asked
this privilege and quoted prceedcnts
Regarding this letter the coroner last
night said: ~ Mr. Wards lawyers wisr
40 attend the inquest We will be vcrj
clad 20 have them there as spectators
They have no right TO cross-examin'
Witnesses.
THE newspapers are now predicting
that your inquest will BRING on nor
sght' az 20 our clients right 10 appear
there by counsel" Mr.. Campbell wrote
Lest | may have misunderstood you
when | spoke with YOU on Thursday
about that and 20 make sure that you
have not misunderstood me ] am writ
ing you this letter
Calls inquest a Court
The missiye goes on TO rceite the
circimstanccs under which the war
rant for Wards arrest was signed by
the coroner on the grouId that Ward
had killed Clarence Peters. The is
suance Of such warrant. Mr. Camp
bell asserts. and quotes authorities 70
support the contention. makes the
coroner's inquiry also magistrate 5
court. The letter continues:
This means that the witnesses who
arc 20 be called before you viii be, IN
theory Of law, witnesses against Wal
ter s. Ward. and II also means that be-
cause he was arrested and held under
vour warrant he has the right TO the
aid OF counsel in these proceedings
and that includes the right 10 cross
examine the witnesses called 10 tes-
fiy against him.
"Our position is that we have this
rgal RIGHT. And | think that you will
rec that outside OF any question OF
-ai right II is entirely reasonable
nd proper that we should not be eN-
-iuicd from taking part IN your In
quest.
Il need not remind you that, aside
from the inhercn, rcasonableness and
Justice OF our position. the point may
become Of great practical importance
should the motion which we intend %
make 10 dismiss tho present indictment
be successful; for. IN that case. the
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