The New York herald., 1922-06-23
WARD Wins ACCESS
TO Minutes OF JURY
Weeks Gets Alternative of
Calling Case July II or
Giving Up Records.
TRIAL SET FOROCTOBER
District Attorney Believed
to Be Working on New
Line Of Evidence.
BIAS CHARGED BY MILLS
Prosecutor Says Neither He
Nor Grand Jury Believes
Confession

Lawyers lOT Wditci 81 Wdiu yes
terday obtained access to the minutes
of the Grand Jury that indicted him
for the murder of Clarence Peters,
and, it is understood. they will move
on Monday for dismissal of the in
dictment If the motion is denied
Ward probably must remain in jail at
White Plains until October. when he
will go to trial.
After hearing argument of Isaac N.
Mills. chief Of counsel for the de-
fense. and District Attorney Weeks,
Justice Morschauser gave Mr.. Weeks
the alternative of producing the min
utes and taking a chance Of dismissal
or withholding them and going to trial
on July II. Mr.. Weeks decided to risk
having the case against Ward thrown
out rather than try him before the
prosecution is ready.
District Attorney Weeks said last
night:
"The case will not 60 to trial on
July IT, The District Attorney pro-
tested against furnishing the minutes
Of the Grand Jury inquiry to the de-
PENDANTS because it would furnish
them with evidence gathered in our
investigation and would greatly ham,
per the prosecution. He adheres to
his position that he has not the case
in proper shape to present 1t to a
petit jury until the investigation now
in progress has been completed"
Said to Have New Evidence.
1t was reported yesterday that the
District Attorney has discovered a
new line of evidence and is unwilling
to go to court until this evidence can
be presented to jury.
Mr.. Mills pleaded for an hour and A
half for permission to inspect the Grand
| Jury minutes. The Indictment Of his
client for murder, he said. was unwar-
| ranted.
since the shooting were not those Of
an innocent man and declared Wards
counsel wanted an immediate trial be-
discover Ward did not kill Peters in self
defense"
Three Investigations have been car
ried through in this case" Mr.. Mills
said, zone by the district attorney, one
by us and one by the newspapers, but
the fact remains that aside from the
statement Of his attorneys and mis- ac-
i'companying admission nothing of this
case would have been known IL Wards
lawyers and Ward himself had kept
their mouths shut"
The prosecution, he asserted had tried
to prove Ward untruthful and had failed.
He said Wards statement, the so called
confession, II accepted at all must be
accepted in its entirety and cited the
case of the people ex rel Perkins versus
Morse in the Supreme Court of New
York In 1907. This was an insurance
case In which q statement by the late
George w. Perkins was questioned The
Court of Appeals by vote OF four to
three ruled that the statement had to
DO accepted in full.
Says Evidence Is Lacking.
"Our contention" he continued, "ls
that this man has been indicted for first
degree murder without the slightest evil
dence at all. II he should have been
indicted--and he does not concede that
II should have been for mansaughter.
Mr.. Mills criticised District-Attorney
Weeks for not sending the Grand Jury
to Justice Morschauser for instructions.
"I never heard of anything like this
indictment before In all my experience.
he said. Two possible explanations oc-
cur to me. First, perhaps private malice
is at work with the purpose Of incar-
cerating this man so that he must Ian
guish there In the jail through the heat OF
summer: second 1t may be found that by
some process of terrorism the lawyers
for the defense might be forced to give
the District Attorney bill Of particu-
lars In advance of the trial."
He wondered what the object of JUS
tice Morschauser's conspiracy" inves-
tigation was and intimated that II
might be to uncover evidence for the
trial. Then he pointed out that Mr..
Weeks In the first application to hold
Ward in $4,000 bail had used the word
'manslaughter." Two weeks later
when Ward was rearrested and his bail
was increased to $4,000. no mention OF
mansaughter was made, Mr.. Mills said
Draws Parallel on Grand Jury.
| He referred to the case of an italian
| farmer WHO WAS lnuiNtc0. Wy tut
| Grand Jury that indicted Ward, on a
charge of manslaughter in the first
degree and released on bail. although
he admitted he had killed his own son.
IF Walter Ward were the son Of a
poor man." Mr.. Mills said. 'he would
be free to-day.
THE District Attorney is reported in
the newspapers as saying, I will try
| this case when I get good and ready.
| That was brutal remark.
Hasn't the son OF rich man the
same rights as a farmer. or has Justice
In westchcster county become Bolshe-
| WIKI"
| Mr.. Weeks took exception to the CON-
parison between Ward and the italian
farmer. The latter. he said. was drunk
! when he killed his son.
Mr. Mills characterized the story OF
! James Cunningham that Ward had
shot Peters in his own home at New
Rochelle as absurd He referred to the
foreman of the Grand Jury as "polit-
cal adversary and personal enemy" OF
the defendants and declared he had
tried to- get answers from witnesses
after they had been excused by the
District Attorney from answering
| Counsel wanted to know why his
client had not been invited to go before
the Grand Jury and tell his own story.
"It (the Grand jury he said. gave
room to every scandalmonser and