The New York herald., 1922-07-04
SILENCE OF BROTHER
HELPED NDICT WARD
Ralph Refused to Disclose
Blackmail Secret Despite
IN Yelled Threats.
LAWYER SEES MINUTES
Hopes to Get Enough Points
by Thursday to Move to
Void Indictment.
325 PAGES OF EVIDENCE
Grand Jury Foreman Is Once
More Accused of Bias and
Browbeating.
325 PAGES OF EVIDENCE

The testimony of Ralph Ward, or
rather his refusal to tell about the
blackmail plot. was one of the prin-
cipal causes of the indictment of WAL
ter S. Ward for first degree murder
by the Westchester Grand Jury, 1t
was learned last night.
Inspection of the minutes. il is said.
showed that Ralph Ward, when be :
fore the Grand Jury, persistently re-
fused TO disclose the blackmail secret
which had been given as the reason
back of the shooting of Clarence
Peters, former marine. in road near
Kensico Reservoir on May IS. After
repeated refusals to disclose the secret
he was asked:
Would you still decline to answer IL
you knew that your refusal would result
in the indictment of your brother for
murder in the first degree?"
Yes" said Ward, II would decline. l
will not tell anything"
Attorneys spent the day studying the
y.
r. Campbell of counsel for Ward OBJ
tained at the office of District Attorney
Weeks in White Plains early in the
morning on the order of Justice Nor
schauser of the Supreme Court.
Mr.. Weeks turned over to him a bound
volume approximately the size of tele-
phone book. which contained the 325
pages of testimony. Mr.. Campbell said
the next move of the defense would be
the motion for a dismissal. which. he
intimatedi would be made Thursday.
when Justice Morschauser returns from
his holiday visit to Nantucket.
Foreman IL Called Biased.
Principal among the claims that will
be put forward by Wards lawyers will
be one that Auckland b. Cordner. fore
man of the Grand Jury. was prejudiced
against Ward because the latter had
won the appointment as a Police Com.
missioner of New Rochelle, a position
Cordner had been seeking In sub.
sanitation OF this contention the at.
torneys will cite instances I'm the ques-
tioning OF witnesses. wherein, it is said
Cordner displayed bias by telling the
witnesses he did not think they were
telling the truth.
You know YOU are not telling the
truth" he was quoted by Mr. Camp.
bell, as having said. You act like a
witness who has been coached. You
have seen Wards lawyers. have yor
not? Come, now, tell the truth"
These tasticc were employed by Cord
ner. Mr.. Campbell charged. on more
than half a dozen witnesses One OF
these was a New Rochelle policeman
who swore that Ward stopped him on.
day as the latter was passing in hi.
automobile and gave $50 to him toward
a fund for a policeman or a detective
who was retiring. There was a woman
In the automobile with Mr.. Ward and
the policeman was questioned at length
as to her identity Repeated declara-
tions by the policeman that he did no,
know the woman and had not ever
glanced at her. although he had tc
lean across her in the car TO get the
money Ward was handing to him.
caused the jury foreman to accuse the
policeman of telling an untruth. It will
be charged.
Another contention will be that Dis.
trict Attorney Weeks did not present
the true facts to the Grand Jury. II
will be pointed out that when Chief
OF Police Cody of New Rochelle was
on the stand two pistols were shown
10 him. One of these was supposed tc
have been the weapon with which Ward
shot and killed Peters and the other
the one that Peters tried to use or
Ward.
Pistol Testimony Disputed.
Chief Cody was asked IL he ever had
seen the pistols. and his answer was
that they were similar to ones he had
given TO the defendant several years
before. Mr.. Campbell said this line
of testimony was misleading, since the
true facts were that the weapon Peters
had was traced TO Savannah. Ca, where
II was purchased and In which vicinity
Peters was known to have been but a
short time before the Staying
Regarding declarations of Westchester
county authorities that Charley Ross
and Jask the Speeder. the alleged
partners OF Peters in the supposed
blackmailing that preceded the shoot
ing, were mythical characters. Mr.
Campbell culed from the testimony OF
Palmer f. Tubbs. formerly q Police
Commissioner OF New Rocnelle and sec
-etary to Walter S. Ward at he bak-
,hg company. a section in which Mr..
Tubbs tells OF visit of the two black
rnailers TO the plant
Mr. Tubbs said the two. Ross and
Jack. were very neatly dressed and
that they sat outside Wards office
door for some time They said they
wanted to see Ward, and when asked
for their names one said he was Ross
Pressed for descriptions of Ross. Mr..
Tubbs said he weighed about 100
pounds. was about five feet. ten or
eleven inches in height and had dark
wavy hair. Mr.. Tubbs thought he was
ahont 20 Nenrs old and aid he snnk a