New-York tribune., 1922-06-26
Ward FOresees
Early Freedom
On Heavy Bail
r.;Iure Of First Degree Muir.
der Indictment Expected
file Wins Fight To-day
70 Scan Jury Evidence
roroner to Open Inquest
1..b Between Prosecutor
and Mills. His Longtime
friend. Arouses County

| -, complicated iesai ~rahRie men
.s,i,uted the FIRST stage OF the
.s,..e will in all probability reach
..nax to-day. with the defense
4 49,, the advantage. In so far as
4 ! .,,;vi,ies have been concentrated
=, ,fort 20 obtain Wards freedom
,,e date Of his trial IL is now
...,lv conceded. even by the prose
- oHeials. that the efforts Of the
'---' n counsel gathered on Wards
y. Will Re successful.
-, ISSUE will meet its final test in
s.,,s hearing on the motion 70 per
As prisoner 10 inspect the min
n the Wcstchestor County grand
=. wbieh brought against him the
.i.,ment for first degree murder.
~. alternative 20 granting the per
eoa desired. District Attorney
T,,ks NAY agree 70 bring the case 70
-, bv July IT. He has said, how
~, that he would not agree 20 m
| ,,,s trial. Consequently to-day prob
~ will sec the defense given the
-, 10 review the grand jury minutes
NAY Seek Lesser Indictment
f has al along been the contention
J,.s defense that there Is no evidence
~ before the grand jury which
-,..hes the indictment for first de-
=, murder, and this claim is upheld
:, s,hsr opinions TO such an extent
-. fyen those who are closely associ-
I'D with the prosecution admit the
LIABILITY that motion 70 dismiss
4, Indictment may succeed. The next
%, on the part Of the prosecuting
'sss.s would be to bring in an indict-
-; ier a lesser degree Of murder or
4 ~ rsnslaughter. and on such charge
. y.-5 would be admitted 20 heavy bail.
. /, besc circumstances IL seems 10
4 r,ry almost a foregone conclusion
/ ar ,o.dqy's proceedings will end in
l., -Yjsoners temporary freedom. II
| r,J be few days before he is actually
/ rl,,sed, but the general opinion is
b., his freedom on bail is now merely
/ rs,,er Of time. Justice Morschauser
| ,.,aren,ly settled the issue. when on
if.srsiay he declared that the defense
/ ,.ssr must be granted an early trial
I n the privilege Of access 20 the grand
i.y minutes.
here viii be another legal battle
1 q some magnitude to-day when Dis
I .i:, Attorney Weeks goes into court
4 70 argue again that he cannot consent
s e irs-ec' IN Of the minutes. Opposed
. NJ Weeks will be former Justice
i gls. who made a bitter attack on
y, District Attorneys handling Of the
ViI case at Thursdays hearing. As
r,.llt o. this criticism friendship
q twenty-five years has been broken
sad VI. Weeks and Mr.. Mills no longer
tpesk as they pass.
Political Factor Seen
This Is matter for interested dis
snlon in stchester. My. Weeks has
sta FOR years considered an especial
,io.tge Of former Justice Mills and
: IS generally accepted that II was
he friendship Of Mr.. Mills which
.nsght Mr.. Weeks his original APP
T.,ment as District Attorney Of
Tmehester County. Ii is known also
aa M. Mills was behind the desig-
patton Of the District Attorney to sue
sa1 himself at the Republican con-
'iion last week.
4 yr Weeks has admitted that he was
Iaily hurt when his former friend
tred I'D his verbal barrage last
{,srydGy. in which he accused the Dis
lIei attorney Of prejudice against his
3tist' and Of actions which "a six
noaiis Jaw student would know TO
Be wrong"
M Mills raked up the District At
'orrey's Spanish War record, of which
he prosecutor is proud. and demanded
The sane courage now" and he con
l"mned specifically Mr.. Weekss sp-
lpeaFance before the grand jury as a
1snness, accusing him of trying 10 play
Ihe role Of prosecutor, witness, Judge
rd jury, al in one"
Later, when Mr. Weeks and his for
ru friend met in the courthouse. it
va noticed that they did not recognize
tach other. The apparent quarrel be-
Tween the two old friends makes to-
IcAys hearing even more interesting.
There also are possibilities Of warm
E.oaie AZ the coroncr's inquest, which,
Eisr many delays. is slated for to-day.
Aln R. Campbell, of counsel for the
Esitrse, has indicated his intention Of
fpNaring and demanding the right TO
,oss-examine witnesses, and he has
ccussta & letter 20 Coroner Fitzger-
ioEilining his view Of this aspect Of
case. Mr. Fitzgerald has said that
II Ward lawyers will be welcome "ss
Issia,ors"
Il Weeks Assails Lawyers
w. Nsels said yesterday that since
ine tharges against the prisoner are
Hged in the indictment for murder,
~ te'tnse counsel cannot have the
'f'lsse Of cross-examination. He ae-
.to Wards lawyers of taking this
'i' as well as the appeal against the
s,,n OF Justice Young dismissing
hioets corpus writ, for no purpose
'F 70 attempt to create n public SEN
1e,, for their client. and 20 MAKE It
tii'if that Ward was being Dersecuted
Wt Prosecuting authorities. WIN
AYERS between the opposing counsel
MS stage. verbal clashes wherever
'Pportunity arises are believed GER
vas learned Yesterday that the
NY authorities are still MAINTAIN
wide search for the two men
AeA and Jack" who are accused
ward, Of having attempted Win
gen, 70 blackmail him. The authori-
Ne convinced apparently that the
~ o. the blackmail case has not
aen reached, and they look 20
as and Jack" and George 5.
r,' tie prisoners father 10 sup
ne details which are missing. IL
~lsnded by the prosecution that
Hton Of the defense in refusing
N'euee the elder Ward until the
q the trial demonstrates fear
ssorge s. Ward may disclose inA
rs-.,on which would put. the county
~"iIles on the right track.
Cunningham In Reserve
eose watch is also being kept on
- :. Cunningham. who it is be-