The New York herald., 1922-06-26
LAWYERS TO FIGHT !.
TODAY TO BAIL WARD.
Defense, With Grand Jury
Minutes, Will Ask to
Quash Indictment.
TO ATTACK EVIDENCE
District Attorney Believes
He Will Refute All Con-
tested Points.
INQUEST SET FOR TO-DAY
Coroner Undecided About Al
lowing Wards Attorneys
to Be Present.
INQUEST SET FOR TO-DAY

Walter S. Wards lawyers will make
another effort to-day to free their
client from the White Plains JAIL
where he is awaiting trial for the mur-
der OF Clarence Peters.
A court order will be granted per-
mitting them to examine the minutes
of the Grand Jury that indicted Ward
on June Is. AS soon as the defense
has possession Of the Grand Jury rec
ords, it is understood, a motion will
be made to dismiss the indictment on
the ground that the State has insult
f1cient evidence to prove premeditated
murder
If granted, Ward will be released
and the next move-an indictment for
a lesser crime, such as manslaughter'
or second degree murder-will be up
to the prosecution. The District At
torney feels confident that he has
enough prima facie evidence to make
the indictment stand up, however.
Alternative Settled by Weeks.
Justice Morchauser gave District At
torney Weeks until this morning to de-
eide whether he would let the defense
inspect the Grand Jury minutes or with
hold them and go to trial Immediately.
Mr.. Weeks said yesterday it did not
take him five minutes to make UP his
mind and that he would resign his office
before he would go to court with the
case against Ward only half ready.
Mr.. Weeks, according to White Plains
gossip is annoyed at an attack made
on him Friday by Wards chief of
counsel, Isaac N. Mills of Mount Ver-
non, former Supreme Court Justice.
Justice Mills. more than any one else,
was responsible for Weeks's appointment
as District Attorney of Westchester and
his designation for the Republican nom
inatlon as candidate to succeed himself
this fall. Mr. Weeks and Judge Mills
had been the best OF friends for twenty
five years.
Two proceeding in the Ward case will
be held this morning at White Plains
Judge Morschauser's hearing on an ap-
and Coroner Fitzgerald's long deferred
inquest over the body of Peters.
Fitzgerald said last night he had not
received the letter in which Allan r.
Campbell. attorney of record for Ward
said he would ask representation for
Ward at the inquest in order that his
clients rights as a defendant might be
safeguarded.
Coroner stiu Undecided.
He said also he did not know whether
he would let Wards lawyers appear at
the inquest and plead in Wards be-
half He will decide that point when
the time comes, Mr.. Fitzgerald said.
Mr.. Weeks thought that whatever action
the defense takes now is merged in
the indictment"
A coroner, he explained, can hold
court as such, and after n finding
has been made can sit as a magistrate.
In the latter capacity Ward could be
arraigned before him, but in view of
the fact that Ward has already been
indicted for murder and committed to
Jail there would be no reason for his
arraignment a second time.
The Westchester county authorities
It was learned last night, still hope to
find the solution of the Ward blackmail
mystery in the missing Jack. or Jack
son. and Charley Ross, or Rogers
named by Ward as the blackmailers as
ISOLATED with Clarence Peters, whom he
knew as Pete.
Jack and Charley vanished May is,
the night Peters was slain, but the be-
lief that they will be produced and will
testify at Wards trial and that the
secret will then come out at last, con-
tinues to hold firm.
The blackmail secret, II is believed,
has no direct connection with the bach
elor" flat Ward maintained last summer
az 434 West 120th street and the wild
parties alleged to have been held therein.
1t is thought that the real reason Ward
paid $4,000 to silence his blackmailers
was something more serious than bets
! on horses.
Walter Wards father, George S.
Ward, is wanted by the authorities be-
cause they think he knows what the
biackmail was. At present he is out of
Jurisdiction of subpoena, but when he
returns TO New York he will be asked
to White Plains to testify.
| Ward passed Sunday quietly In White
Plains Jail He read all the newspapers
and exercised in the courtyard, but rc-
! ceived no visitors. He acts and Is
treated no differently from other prison
| ers, said Samuel Horton, acting warden