The New York herald., 1922-06-22
CANT TCONYICTWARD,
HAVINGNOEVIDENCE|,
| IS DEFENSE'S STAND
Confessed Slayer's Lawyer
Contends State Lacks
a Case.
ASSAILS GRAND JUROR
Bias Laid to Foreman Who
Contested With Ward
for Police Job.
PROSECUTION CONFIDENT
Weeks Must Show Cause Why
Grand Jury Minutes Can't
Be Produced.
PROSECUTION CONFIDENT

.
The Westchester county authorities
who caused Walter S. Ward to be, in
dicted for the murder OF Clarence
Peters will convict Ward Of murder III
1t takes all summer" This. in sub
stance. was District Attorney Weeks's
reply yesterday to Wards lawyers,
who are trying to bring about an i'm
mediate trial.
I'VE are going to trial when we get
tho case good and ready. and not be-
fore" Weeks said.
Which means. according to inside
information, that the trial will not be
held before October-perhaps later
not until the prosecution has sifted
every scrap Of evidence, and, especially.
not until an absolutely new line on the
alleged blaclrmail plot has been thor
oughly investigated.
Is is said that this new evidence VIII
completely shatter Wards story Of tho
Peters shooting II 1t can be put into
shape to stand up under cross-examina-
ton at the trial. but It may take
months for the prosecution TO prepare
an alright case.
Trying to Force Quick Trial.
Meanwhile Wards array 'of counsel
is exhausting every means to force the
District Attorneys hand. Yesterday an
order was served on him requiring him
to show cause why he should not per-
NIT Ward to examine the records OF
the Grand Jury that indicted him.
Justice Albert II. F.. Seeger signed the
order at White Plains. 1t is yeturnable
at 10 o'clock this morning. Weeks must
go before Justice Morschauser and
show, first, why the June term Of the
Supreme Court should not be extended
into July and. second. why tho Distict
Attorney should not permit tho secret
minutes Of the Grand Jury to be In
spected. Allan r. Campbell Of Ward's q
counsel In his affidavit accompanying
the application for the order pointed
out that the June trial term will end
this week and there will be no more
trial terms until October, which would
deprive his client Of his right to a
speedy trial. sHs
Furthermore. he said, there Is no evil
dence Of any eycwitnesses to the kill
Ing of Peters. nor was any evidence pre-
sented to the Grand Jury designed to
connect the defendant with the alleged
homicide" except, first. Wards own
statement and. second, the testimony OF
the District Attorney that on May q
he asked Ward What kind Of gun
did you use?' and Ward replied, "a
IS caliber automatic pistol"
Calls Killing Justfnable.
Mr.. Campbell's affidavit continued:
1T Is respectfully submitted that
there Is no evidence that the defendant
killed Clarence Peters or that he had
designed to effect his death, or that there
wes deliberation or premeditation. and.
further. IL there was no such evidence,
It follows the alleged homicide was
justifiable.
Upon information and belief the fore
man Jf the Grand Jury. one Auckland
b. Cordner. who Is It's most active men,
Der, had bias against the defendan.
growing out Of the fact that said Cord
ner had been a candidats for the office
Of Police Commissioner of New Ro-
chelle and had failed of appointment
because OF the appointment of the de-
fendant, Walter S. Ward. In conse-
quence Of wl!cn said foreman has di.s-
played from the outset hostility against
the defendant. even to the extent of In
sisting that witnesses answer questions
In the Grand Jury room after the cours
and the District Attorney both had de-
clared the refusal of such witnesses. tn
answer such questions was legally JUS
titled.
Throughout the sitting of the Grand
jury. the affidavit continues. New
York newspapers circulated IN the
homes of the Grand Jurors conducted a
front page campai1n to obtain for their
news columns an elaboration of the de-
fendant's contention respecting black
mail. and had used the fact of the de-
fendant's misfortuns In being involved
In these proceedings as a means of
pressure upon him to declare more fully
the nature of his defense at the peril
OF being Indicted for failure 10 do So"
Mr.. Campbell denied he had not aided
the District Attorney Ind tho Sheriff in
the investigation. lie Indicated that IL
Continued IN pace Flo.