The New York herald., 1922-11-22
COURT WITHHOLDS
WARD CASE RULING
Defence Alleges Collapse Of
Murder Charge Against
Peters's Slayer.
COST TO PUBLIC $4,000
Prosecutor Scores Reticence Of
Accused and Scouts Black
mail Story.

Charging that District Attorney
Weeks Of Westchester county. after
spending more than $4,000 Of the peo-
pies money to carry on an investigation,
had failed 10 disprove the story OF Wal
ter S. Ward, former Police Commissioner
Of New Rochelle, that he killed Clarence
S. Peters, ex-United States sailor, In
selfdefense, his counsel argued yester-
day for immediate dismissal OF the
murder indictment.
The hearing was before Justice Mors-
chauser of the Supreme Court at Whits
Plains. After hearing arguments he d
rected that affdavits and briefs be sub
initted. and reserved decision.
Ward was represented by former Jus
tice Isaac y. Mills. and John f. Mack
Of Poughkeepsie. special assistant dis
trict attorney. opposed dismissal OF the
indictment. He said the prosecutor in
tends 20 continue his Investigations until
te corroborates or disproves the story
OF Ward that he shot Peters on lonely
road near Kensico reservoir on the night
Of May IT because Peters had tried to
kill him when he refused TO give up
$4,000 for blackmaii.
Says Case Has Jagged.
Judge Mills charged that District
Attorney Weeks has made no effort T.
the last TWO months toward solving the
mystery and that the prosecutor h =
spent more than $4,000 for detectives
In trying to get evidence that Wards
story Is false.
He said he felt sure that IL Ward were
tried before a jury he would quickly
be acquitted.
pFlI ,l-.A
assailable points," which the District
Attroney had failed to deny. the char
acter of Peters. the fact that Ward
surrendered, the good character of
Ward. the fact that Peters was practi-
cally penniless when he came back TO
New York and Ward could not have
held him up for gain. and. last. the ir
ference that Ward and Peters had no
connection prior to the night of the
murder.
Mr.. Mack argued that the story told
by Ward was "unbelievable and incredi-
bic" 1T is a we'll known saying that
truth Is on the tip Of the tongue" said
Mr.. Mack, but Ward has never opened
his mouth about this murder. His at
torneys prepared his statement telling
about the shooting Why hasn't he
helped us find the elusive Charlie Ross
and Jack. the supposed blackmailers?
denying that all that is left OF Peters
is little mound of earth. This man
should be held until every bit OF evil
dence has been run down. We have
spent money and we are going to spend
lots moro to help solve this mystery"
Father Has Not Appeared.
I'VE wanted Wards father to appear
as a Witness" Mr.. Mack continued. Did
he come forward? Oh. no. He's out in
Battle Creek. Mich. now. You won't
see him coming anywhere near this
State"
Mr.. Mack said the prosecutors office
has been hampered by the defense In the
search for Charlie Ross" and Jack"
the alleged blackmailers. Ward. he de-
clared. would not even sign q formal
complaint against them.
Mr.. Mack intimated that II the motion
to dismiss is denied the case will not bs
called for trial until early next year. BY
that time District Attorney Weeks will
be out OF office.
In brief submitted by Judge Mills
to Justice Morschauser is this state
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