The New York herald., 1922-06-27
WARD'SCOUNSEL WIN
ORDER FOR Minutes
Access May Be Held Up for
Months by Delay in Ap-
pellate Court.
WEEKS PLANS APPEAL
Prosecutor Still Refuses to
Hasten Trial Before Ell
der Ward Returns.
INQUEST AGAIN PUT OFF
Little Chance for Slayer Of
Peters to Get Bail Prior
to Next October.
WEEKS PLANS APPEAL
INQUEST AGAIN PUT OFF

District Attorney Weeks of West
chester county was ordered yesterday
to produce the minutes of the Grand
Jury that indicted Walter S. Ward for
the murder of Clarence E. Peters. but
the point gained was Of doubtful value
to the prisoner in freeing him from
jail.
Wards lawyers, as soon as they
have examined the testimony, intend
to move to have the indictment dis
missed. but 1t was learned that Mr..
Weeks will not let them see the min
utes until the Appellate Division
passes on the legality of the order.
In that case Ward will have to stay
in Jail at White Plains. until October.
when the Appellate Division sits again.
When Justice Morschauser signed
the order giving the Ward lawyers ac-
cess to the minutes 1t seemed they
had gained point, but before he af-
fixed his signature to the paper the
Justice added these words: Five
days after service"
That gives District Attorney Weeks
time to appeal. He is striving to keep
Wards counsel from seeing the Grand
Jury minutes, 1t was learned, because
certain testimony which the jury heard
will be used by the prosecution when
the case is tried, and Mr.. Weeks is
afraid he will be unable to convict
NJ q rd nf dor thA Of &c a6-
vised in advance about this evidence.
Weeks and Wards chief counsel.
former Justice Isaac N. Mills. argued
the case before Justice Morschauser.
The court room was crowded with
persons who expected oral fireworks
Bhey were disappointed.
Judge Mills referred to the motion
he made last Thursday asking, first
that Ward be permitted to see the
minutes. and. second. that there should
be an early trial.
Still Urging nm Early Trial.
We realize said Mr.. Mills, that
your Honor cannot grant the latter
part of our motion without the consent
of the learned District Attorney. He
has announced in answer to my per-
sonal and only plea that he would try
the case when he pleases. Your Honor
lidS seen llI 10 grant tne IlTSl part Oh
the motion when you announced your
decision Thursday. and in announcing
it you gave the implication that the
learned District Attorney had better
think twice before refusing our request
by giving him until this morning to
make his decision.
He has announced 1t already through
his usual medium-the public press. But
in addition to this order crave boon.
xx,tt =, ~ 0~<1
of the court ought to tell the truth
if no other records do. I beg, there
fore. to have your Honor direct the
clerk to bring in bottle of indelible
ink and to have the Sheriff bring be-
fore you the commitment under which
Walter s. Ward Is held in JAIL
Then / beg your Honor to write at
the bottom of 1t in imperishable ink.
Committed at the pleasure of Frederick
L. Weeks and also his words, L will
try this case when l get good and
ready
You, like myself. are a student of
history. You recall to mind in the days
of Charles /. when a man was held in
Jail they wrote az the bottom OF the
oider, TO be held at the pleasure of the
King. You also remember that these
orders caused a rebellion that cost
Charles his crown and later his head.
this extraordinary indictment The facts
at most warranted only an indictment
for manslaughtet."
Judge Mills recalled a story OF the
late Thurlow Weed. A man had dis
appeared and his supposed body was
found Just before election. When some
question was raised as to whether the
body was really the one sought Weed
said: THAT doesn't matter. It's good
enough until election is over"
Only Answers illegal Arguments.''
Justice Morschauser interrupted:
"All we are here for is to get this
order. aren't we? Hasn't the District
Attorney anything to offer?"
ION what?" asked Mr.. Weeks.
"In reply to this argument" said the
court.
II answer only legal arguments" Mr..
Weeks replied.
II understand Your Honor made a de-
cision on Thursday on this order
have nothing else to say"
Mr.. Weeks later filed an affidavit
protesting giving the minutes to Wards
counsel.
IL the forthcoming motion by the de-
fense to dismiss the indictment fails,
the case would appear little, IL any
nearer q trial than before Wards arrest.
The absence of George s. Ward, father
of the accused man, is holding up action
by the District Attorney for the time
being. Mr.. Weeks. with the information
now at hand, would be loathe to prepare
his case for trial and very uncertain OF
the outcome. according to persons close
10 the prosecutors office. The elder
Ward may not be available for the Dis
trict Attorney until the case goes tc
trial Ellwood Rabenold of counsel
made this clear.
when will you produce George s
Ward7" he was asked
I'VE said he would be at the trial"
Coroner Fitzgerald announced an
other postponement of the long delayed
inquest until tomorrow because a num-
ber OF witnesses were not available.
Auckland +. Cordner. foreman Of the
May Grand Jury that indicted Ward
was at the court house. He refused tc
answer Judge Millss charge that he had
been hostile TO Ward because the two
were rival candidates for Police Com
missioner of New Rochelle.