The New York herald., 1922-06-17
JAIL ALL SUMMER,
OUTLOOK FOR WARD

Werner heard rumor that they expected
to return to New York last night.
Justice Morschauser. who sits as
Magistrate in this proceeding, Is bent
on finding out whether George Ward
left New York in order to avoid testify
ing before the Grand Jury and repeating
the story of the blackmail and shooting
which Walter Ward told him on May 16,
the day Peters was killed, and If so.
upon whose advice he did so. The wit
nesses subp9naed for Monday are Mrs.
George S. Ward, Mrs. Walter S. Ward.
Lulu Barrows and Amy Mild, who are
Mrs Walter Wards maids, and Ellwood
NJ. Rabenold and Allan r. Campbell,
lawyers. 1t has been explained in Will
Transport that the senior Ward went
there under Federal subpoena served on
him before the Westchester subpoena
was issued.
Walter Ward was taken before Justice
Morschauser a little before p. M. yes
Brennan stood up as his counsel.
'"The defendant pleads not guilty, re-
serving the right to withdraw that plea
and to make such other further pleas
or motions as may be advised" said
Campbell.
There is one matter that would like
to present now because 1t seems para
mount in this case, and that is the fix
ing of date for a speedy trial of the
action. The case has a number of spe-
cial circumstances which we perhaps do
not need to go into at length. The
fact Is that we have reached time,
when. unless the case is tried very
shortly, it will have to go over the sum-
mer Your Honor announced yesterday
that your Honor could not consider bail
in this case"
mo bail; 1t is murder case" said
the Judge.
Campbell then said it ed logical
to have the case tried as soon as possi-
BILE, because II he is innocent he should
not suffer that period in jail, his health
not being of the best. and IL he Is guilty
there is certainly no harm or wrong
done in having the case tried at once"
Refuses Any Preference.
Justice Morschauser pounded the
ber of men out here in jail that are
waiting to be tried. Why one man
should be preferred by the District At
torney to another I cannot see. I am
not going to try it. My term ends here
on the 30th of June. l cannot see any
reason why should go on and try this
case with other men who have been in
jail for months waiting to be tried"
Campbell answered that a good many
nf mt IL, hf1f fn h..
tried. In the colloquy the judge spoke
of relatives that the District Attorney
needs as witnesses who are not in this
State Campbell offered to produce
them. The judge ask I'd about the two
other men, meaning Charley Ross and
Jack.
II do not know that the defendant
sibility for their appearance" said
Campbell.
II thought you might know where
they are and could help us to find
them" rsjoined Justice Morschauser.
dryly. The lawyer continued to plead
that Walter Wards case was distin.
guised from the others because the
other defendants had not asked for an
immediate trial. The Judge replied that
there was "a colored man who has been
I'm Jail for several months" and the Dis
trict Attorney had asked to have his
case tried.
They stand equal before the law"
Justice Morschauser added. HE has to
be tried first I dc not want to say all
these things that 1 have got to say to
you," he continued. you keep on with
1t and some other things may happen.
There is a pending matter before me
now
There Is no evidence against this
n n vattr al l.
contention from the beginning, that there
Is no evidence"
There is evidence that he shot him,
isn't there? He shot him?"
Campbell answered this by saying he
did not know what was before the Grand
Jury. He pointed out that the moment
the time for the defendant to speak ar
rived he came forward and was ask
ing
Why didn't you go before the Grand
Jury then and waive immunity" broke
In the Judge. you could have done that
and saved all that trouble. This case
will go on in the ordinary way. l do
not think any more courtesies will be ex-
tended to your client than to any other
man who Is charged with murder in the
first degree. The District Attorney will
move this case when he gets ready and
not before"
Ward Sent Back to Jail.
Attorney Brennan. speaking for the
first time. asked II the District Attorney
would move the case for trial.
why should he not have the right TO
move 1t when he desires?" Justice
Morschauser asked adding HE cannot
let you run his office"
Brennan then offered this "The the
ory of Mr. Campbell is that there Is no
legal evidence here. and II there Is not
the case will be brief"
The Judge answered: "The District
Attorney Is going to conduct his office
without any help from the defendant"
I'VE do not offer him help, but we
stand here with the presumption OF in
nocence," said Brennan. Finally Justice
Morschauser said that IL the District
Attorney would be ready in July he
thought Justice Tompkins could try the
case but that was for the District At
torney to say. Ward was then sent
back to Jail.
After his first night in n cell Ward
told Warden John Hill yesterday morn
ing that he felt as fit as a fiddle, but as
the warden doesn't know Just how fit
fiddle feels he felt that the answer left
something to be desired. In court Ward
looked tired. but smiled occasionally.
SO far he has sent to restaurant for
all his meals, including chicken for
dinner last evening Eats well, sleeps
we'll and behaves himself" said the