The New York herald., 1922-07-12
Justice Says Case Must Be
Tried Despite Illegal
Evidence Offered.
DOUBTS A CONVICTION
Prisoner Kisses Wife and
Children and Says He'll Be
on Job at Bakery.

Ine lnulctment charging waiter ..
Ward with the murder Of Clarence f.
Peters was upheld yesterday in the
Supreme Court at White Plains, but
Ward was admitted to $4,000 bail and
released from Jail pending trial.
Justice Seeger said he doubted
whether the evidence was sufficient to
warrant conviction for murder in the
first degree. but that jury could de-
eide the degree of the crime as well
as whether crime had been COM
Initted. He decided that in view Of
the unusual circumstances it would
be unjust to keep Ward in Jail all
summer. although bail in first degree
murder cases is rare In this State.
Ward sat with his lawyers in court
during the argument. His wife, Mrs.
Beryl Curtis Ward, sat with her
mother and sister among the specta-
tors. AS soon as he was released
Ward ran over and kissed her. He has
been in Jail for twenty-six days.
At Work at z This Morning.
When they arrived home in Sutton
Manor Ward ram up the steps and
greeted his daughter. Betty. aged 4, who
was stringing beads.
"Oh, Daddy. look at my beads" she
said.
Willy Ward. 3, appeared from within
the house.
Hello. Daddy. You're not going away
any more, are your" saii Willy.
Ward called up the Ward Baking
Company In The Bronx and said he
would be on the job at Z o'clock this
morning.
"1'll be mighty glad OF chance to
get back to work again." he informed
several OF his neighbors. who had seen
him return and were holding an informal
porch party in his honor.
IT have nothing but thanks and kind
ness for the uniform courtesy with which
was treated in White Plains" he told
them. Everybody was fine. but I'll be
glad to get back on the job
1t is unlikely that the trial will be
held until after election. District At
torney Weeks Is a candidate to succeed
himself and now that Ward Is free, 1t
is probable Mr.. Weeks will walt until
the campaign is over The earliest
possible date. however. is October.
Decision Surprises the Courtroom.
Justice Seeger's decision took the
courtroom by surprise. Throughout
the hearing he appeared to agree with
the argument of former Justice Isaac
NJ. Mills, Wards counsel, that the
Grand Jury had accepted illegal evidence
and that witnesses had been unduly
heckled by the Jurors. Justice Seeger
said
This case is an unusual one. Its
unusual character lies in the fact that
there is no evidence of commission of a
crime except such as is contained In the
defendants own statement. II what he
states is true In its entirety no crime
has been committed because he says
clearly that he acted In self defense
when an attack was made on him.
1T does appear clear, however. that
the defendant took human life. That
alone is sufficient to raise a question
of fact. This court cannot determine
the truth or falsity of his statement: in
other words, it cannot determine ques-
tions of facts and II is requisite that
questions of fact be submitted to a
jury.
THE explanation OF self defense made
at the time OF admission simply raises
a question of fact. 1t cannot be ac-
cepted by the District Attorney as true.
II cannot be accepted by this court as
true, in my judgment. However. the
case is barren of any evidence indicat-
ing motive for the crime or showing
any deliberation or generalization. In
my judgment 1t would not warrant a
conviction for murder in the first DEGREE.
Undoubtedly the District Attorney
and other officers OF the law have acted
entirely from proper motives in this
case and have submitted to the Grand
Jury with great care all the evidence.
but they have overstepped the bounds
and have submitted illegal evidence.
doubt whether this Illegal evidence has
played any part whatever In the do
termination Of the question as to
whether the defendant should be in
dicted and placed on trial.
"It may also be that evidence favor
able to the defense which might have
been submitted was not submitted.