New-York tribune., 1922-07-12


been committed. because he states
clearly that his act was committed In
self defense when an attack was mace
upon him.
No Evidence a. 70 Motive Found
"This court cannot determine the
truth or falsity OF this statement. In
other words, Il cannot determine the
question OF fact. However, the case
Is barren OF any evidence indicating
motive for the commission OF a
crime. The case is barren Of any mo-
tive indicating premeditation. in my
Judgment IL would not warrant con-
viction Of murder in the first degree
by a jury.
Undoubtedly the District Attorney
and officers Of the law acted on proper
motives and submitted all evidence
thev have overstepped their bounds and
submitted illegal evidence.
1T may we'll be that II evidence
favorable % the defendant had been
submitted. or illegal evidence had not
been submitted, an indictment In. lesser
degree might have been found.
II do not think the circumstances
warrant dismissal Of the indictment,
however. The circumstances should be
properly submitted TO jury.
Il have arrived az the conclusion that
I will deny the motion 10 dismiss the
Indictment, but in view Of the fact
that the defendant surrendered him
self. and because Of the absence
from the record of any evidence tend
ing TO show premeditation IN the kill
ing, and because Of the doubt l feel
that the evidence resulting in the in
dictment warranted a charge Of MUIR
der in the first degree, | think II is
unjust TO keep the man in confinement
while awaiting trial"
Mr.. Weeks argued that an Indictment
for first degree murder was justified
that the prosecution was bound TO ac
cept only that part Of Wards statement
in which he admitted the killing, and
that the part Of the statement in which
Ward said he shot in self-defense was
subject 70 proof. the burden Of proof
being on the defendant.
He read from the grand jury minutes
the testimony Of State Trooper Collins
who found Peters's body. Collins swor'
that the victims waistcoat was but
toned over the wound in such a man
ner as 10 conceal il. and that he hac
10 unbutton the vest before he ascer
taired that death was due 70 bullet
wound and not 20 being struck by ar
automobile.
"There is nothing conclusive abou
that" said Justice Seeger. The yes
might have been loose vest
"The grand jury saw the vest sale
| Mr. Weeks.
"But the grand jury did not see th'
vest on the body" responded justice
Seeger. "The sole question in this cas'
! Is whether the grand jury had the righ
/ 10 reject this mans explanation"
II explanations made by defendants
who killed In self-defense were 10 h'
swept aside" Justice Seeger contin
ued, the course Of justice would b
/ impeded by much unnecessary proce
dure. Mr.. Weeks retorted that ther,
would be no law IL any one could "cool
I'D a cock and bull story" and stanC
on a plea Of self-defense in murdei
case.
ar there was evidence that thes'
men had quarrsled," Justice Seegei
began.
Prior Meeting Not Disclosed
"There is no evidence that these mer
ever met before that night" inter
rupted Mr.. Mills
Turning toward the District Attorne!
and shaking a finger al him, counse
/ for the defense declared: "The Dis
trict Attorney knows this indictment
for murder in the first degree is Z
blooming farce" don't your"
81 do not" replied Mr.. Weeks, firmly
"Well. the Judge practically told yot
So" retorted Mr.. Mills.
Not only was Wards wife among thu
spectators, but also his mother-in-law
Mrs. Curtis, for whom District Attor
ney Weeks's process servers we're sale
TO be hunting high and low with I
grand jury subpoena at the time o.
the proceedings before that body
against Ward More recently they were
said 70 be seeking her in connection
with the conspiracy charges made b,
District Attorney Weeks when Georg'
s. Ward. the defendants father ant
president of the Ward Baking Com
pany, absented himself from the state
According 20 Ralph d. Ward, the de
PENDANTS brother, Mrs Curtis has beer
living with her daughter in New Ro
chelle all the time. She departed fo
that city with her daughter and son
in-law after the proceedings yester
day without any attempt being made
TO serve a subpoena on her.
Mr.. Mills in his opening remarki
made Mrs. Wards presence in cour
the occasion for an attack upon Auck
land Cordner, Of New Rochelle, wh'
was foreman Of the grand jury VIII
indicted her husband.
II wanted the wife Of this maj
Ward TO be here" said Mr.. Mills
pointing 20 where Mrs. Ward sat in he
iame-colored dress. "There she sits
Does she look like a wanton, as tn
black heart OF the foreman Of III
grand jury tried 20 show her? Their
she sits, meek and pure"