New Britain herald., 1923-09-28
WARDS FATE IS IN JURY'S HANDS;
 DEFENSE ATTACKS JUDGES CHARGE
Contends That Instructions Given Panel Favored Prose- cution-Accused Turns Pale and Acts Worried As He Hears Justice Wagner Explain Details Upon Which His Life Rests

White Plains Sept. ss.-shortl, after i2:3o o'clock the jury that has been hearing the charge of murder against Walter S. Ward retired tc consider its verdict.
 Before the jury retired the oppos. ing attorneys engaged in spectacu- lar verbal tilt with Justice Wagner, to whose charge to the jury they took exception.
 Calls Judge Unfair.
 Allan +. Campbell of the defense staff took exception to the entire charge Of the court. characterizing 1t as entirely unfair to the defendant When Justice Wagner finished his charge he had met about half dozen of the 63 specific requests for special charges that the defense had made and about half of the 10 requests that the prosecution had made.
 As soon as the court finished Mir. Campbell arose and asserted the court had favored the prosecution throughout, both in reading the law and in his summary of the evidence.
 Did Not Aid Defense.
 Mir. Campbell asserted that the court in citing the law and the evil dence had brought out points favor able to the prosecution and had not drawn out parallel points that would have been equally favorable to the defense.
 Justice Wagner replied that if he had favored the state he had not done so purposely.
 The jurors decided after retiring to the jury room to have lunch beforeI they began their deliberations and they crossed the street to a hotel un- der the surveillance of the sheriff.
 starts At 10 A. Nj.
 Supreme Court Justice Wagner a few minutes after 10 o'clock this morning began reading his charge to the jury. The justice was expected to | require two hours and he was to be | followed by the attorneys for both | sides. each of whom has been als lowed an hour.
 When court convened the court | room was emptied of the islanders. |
 Fully three-fourths of the remain ing seated spectators were women many of them from the fashionable Westchester colonies.
 Ward Looks Worried
 His face blanched and a look of worry in his eyes Ward sat straight in his chair when Justice Wagner be- gan. He was accompanied to the court room by his wife and his broth- CT. Ralph, and the latter's wife Mrs Ward sat next to her husband and the brother and his wife sat behind them The justices clear voice rang out to hushed court room az he i'm pressed upon the jurymen the seri- ousness Of their task He reminded them they were pledged not to be swayed by sentiment and that their verdict with a mans life in the bal lnce must be founded upon the evi- fence the importance Of which they done were to judge.
 Explains the Law
 Tn every criminal case the law 5 jealous of the defendant" he said, and under the law he is not obliged Q prove his innocence As reason- i ,ble doubt must be founded on req :, ion, he remarked, so also must more ! han the possibility of doubt be c proved by facts and not by the i'm ( -gination." t The jury must be satisfied beyond ny doubt" he added If one juror c las doubt it must be substantial nd not refuge from doing ones uty. He must be able to explqln it | 0 his fellow jurors and it must pass n he test of reason" I
 Must Determine Il While every fact need not he proved u eyond a doubt, neither, he said, is II he burden on the people 70 prove a he guilt beyond any doubt. If you q ave no doubt of the defendants guilt ou must do your duty" he asserted. You must determine where is the .uth. There is no golden rule"