New-York tribune., 1922-06-06

said that Cunningham met the two men
in front Of his home at 2134 Lafontaine
Avenue, the Bronx. about 1880 a. m. on
the morning Of May l6. He said they
told Cunningham about the shooting,
and that Cunningham went into his
house to get his coat, debating with
himself as he went as to whether he
should turn them over TO the author
tiles. When he emerged from the
house. Mr.. Mccarthy said, the automo-
bile and its two occupants. one Of them
wounded, mad gone. Soon after sun
rise Of that day the body Of Peters was
found. Some days later. Mr.. Mccarthy
added, his client (having sought 10 col
lect a 81 900 reward offered by "The
New York American had an inter
view with a newspaper reporter and
later met Rogers" in Stamford in an
effort 20 produce Jackson" But
Rogers" according to Mccarthy, told
Cunningham that jackson" was too
i'll TO be produced.
Two Men Hold Secret
This blackmail plot" Mccarthy de-
'clared 10 Justice Seeger, could be
cleared up in two or three minutes If
Rogers and Jackson could be brought
into this county,
District Attorney Weeks contended
that Cunningham should be held be-
cause Of his direct knowledge OF q
situation the prosecutor was investi-
eating. and he asked that Cunningham
be released only in bail.
In the event that Cunningham was
I - L~n lie
argued, he should be kept in jail. Then
he made this cryptic remark:
cunningham is in jail now because
/ he prefers 10 remain there"
The Justice then said:
"The motion to hold this man in bail
must be argued separately from the
argument on the writ Of habeas corpus.
The coroner had no right 10 commit
this man. ! have no right TO entertain
the application in this matter by the
District Attorney. The man is at lib
erty now. discharge him"
Free-for the Moment
There is fused with Cunningham's
soul the metal from which actors are
cast. As the black-robed justice spoke
and reporters scribbled furiously so
that the world should know, Cunning
hams thin shoulders went back. his
chin lifted. He was a hero, MS out
ragged feelings soothed and his whole
career blameless-for two seconds.
"A two-dsy adjournment, II your
honor please began Mr.. Mccarthy. in
whose mind the situation was more
clearly revealed than 20 his client.
"A two-day adjournment would de-
feat the ends Of Justice" protested Mr..
@Baii will be $1,000" said Justice
Seeger. and Cunningham went back TO
jail with Just one deputy sheriff. wear
ing heavy soled "late tours" clutching
him in jgnominy by the cuff Of his coat
sleeve.
Cunningham's next appearance in
the affairs Of Walter Ward probably
will be as an immune witness before
the May grand jury Of Westchester
County, three members Of which. Auck-
land b. Cordner (the foremsn), an in
surance man: Edward II. Codding and
Edward J. Cordial. live in New Ro-
chelle. the home Of Walter Ward.
The May grand jury was selected
Yesterday 10 make an inquiry into the
Peters killing upon the recommends
ton of County Judge William F. Bleak
ley. Its work IS expected 70 oegin
to-day, although a further delay Is
not improbable.
sFollowing Judge Bleakleys sugges-
tion contained in his charge TO the
June grand jury" said District Attor-
new Weeks yesterday morning. "the
Nav grand jury has been called back
for 10. o'clock tomorrow morning and
will conduct the investigation in the
Ward case
Court Directs Inquiry
The charge Of Judge Bleakley re-
ferred 10 BY the prosecutor was made
when the new grand jury assembled
before him TO be sworn. He said:
During the last month an act Of
homicide has been committed within
the county. The killing and many OF
the facts in connection Herewith have
become notorious. do not know
whether or not these facts will be pre-
sented to you or TO the Supreme Court
grand jury. which has not been ois-
charged. but in view Of these state
ments contained in certain newspapers
that counsel for the person connected
with the killing Is partner OF NINE
wouid suggest that the District Attor-
new take this matter before the Su-
preme Court May grand jury. u Is;
bowsver. my duty 10 say 20 you tnet