The New York herald., 1922-05-27

the $4,000 bail was insufficient. The
Coroner is entitled 10 take as true the
statement OF Mr. Ward that he shot
this man and not to take as true the
statement that he shot the man in self
defense"
The District Attorney said he believed
much of Wards confession" but was
not prepared to admit that the shoot
ing was done In self defense. He said
that Wards assertion that he shot in
self defense was n conclusion which
was not to be believed unless justified.
At one point In the argument Justice
Young remarked: >s
1T is the contention of Mr.. Campbell.
1 think. that the statement OF Mr.. Ward
must be taken in its entirety. and that
If so taken 1t does not constitute a con-
fession of crime
The Justice thought there was merit
in this contention,
For Wards part Campbell frequently
stressed the voluntary act of Ward in
giving himself up and saying he killed
Peters. and he insisted that the arrest
was unwarranted.
why didn't you make that plea when
the bail was hxed?" the Justice asked.
Campbell replied
1--WE did not have to-
"You did not have to, but why didn't
your" Justice Young pursued, and there
the matter was dropped The Justice
took recess to look UP the law and
precedents.s and then gave this decision:
The relator appears to have volun-
tarily consented to all the proceedings
taken by the Coroner and the District
Attorney except his rearrest on the
ground of the insufficiency Of the cash
bail deposited by him. In my opinion
Mr.. Justice Seeger had legal right to
cause his rearrest for that purpose. The
'propriety of increased bail was not
argued before me. nor was any applica-
tion to fix the amount of bail presented
to me in the argument.
For the reasons assigned think that
the writ must be dismissed. and it is
so ordered"
Sheriff's Courtesy for Ward,
The Sheriff then escorted Ward back
to the Sheriffs office. where last night
sandwiches; cigars and candy were pro-
vided. The Sheriff made no apology
for keeping Ward in his office instead
of the Jail outside of sleeping hours. He
said his prisoner. entrusted to his Gus
tody is entitled to courtesy.
Rabenold and Campbell the lawyers
for Ward. filed notice of appeal from
Justice fOunR decision ana went 10 tne
District Attorneys office after the hear
ing. 1t was supposed that they sounds1
him on the amount of ball that he would
consider appropriate. Later Mr. Weeks
was asked IL $4,000 was the sum in his
mind He said:
THE amount Is immaterial to me.
That is up to the court"
He said he would go to Newburgh this
morning. Justice Seeger. to whom Ward
will apply for release on bail. lives Ia
Newburgh.
Ward Not Ont of White Plains.
Sheriff Werner said that a story pub
lished in an afternoon newspaper which
described Ward as being taken to his
home on Thursday night when he was
supposed to be inltail was lie" War
den Hil said Ward did not leave the
Jail. The District Attorney said the
story was not true $50 far as I know"
Lieut.. Eugene Roberts OF the State po-
lice said 1t was absolutely untrue
Arthur II. Titus and Palmer Tubbs.
members of the New Rochelle Police
Commission, from which Ward. its
president. has resigned. adopted a reso-
luton declaring the Ward case to be a.
closed incident in the police department
and directing all members of the de-
partment not to talk about 1t.
Mrs. Ward and her two children spent
the day at home. Several women called
on her to express friendship and SYM
pathy.