Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-21

White Plains. n. Y, Sept. CO.
Deputy Attorney General James ].
O'Neil late today threw into con-
sternation attorneys for Walter S.
Ward, millionaire bakers son. on
trial for the murder of Clarence
Peters of Haverhill. Mass. when he
suddenly called to the witness stand
Attorney Allan r. Campbell of the
defense staff.
Mr.. O'Neil and Mr. Campbell had
clashed frequently during the day
while the state built a foundation
for it's case. Although the early
testimony was unconstitutional, the go
spectators who took every place in
the small court room remained seat
cd during the lunch recess to pre-
vent hundreds who crowded the cor
ridors outside from replacing .fem.
The two attorneys had been par
ticularly warm over the questioning
of Lieutenant Eugene c. Roberts of
the state police, who produced the
empty shell discharged from the gun
Ward used in killing Peters. Mr..
O'Neil objected to Mr.. Campbell
asking Lieutenant Roberts on cross
examination questions he alleged to
be unrelated to the direct eXa:nina-
ton and AIR. Campbell insisted 10 the
court that the state exhaust the
witnesses"
As the trooper left the stand At
topney Campbell remarked: Well
can YOU again, Lieutenant"
al object IN that rnnlorlS " Mr.
O'Eeil fairly shouted.
Then in the midst of the renewed
argument the deputy attorney gen.
er3l directed that Attorney Camp
bell himself take the witness stand.
A Swave of surprise swept the court
roem and the defense attorneys were
viSbly perpleXed. Campbell sug-
geMed that instead he confer with
the prosecution after court adjourn
ed4 The prosecutor refused.
Dir Campbell slowly answered Mr..
O'9eiPs questions. saying he has
BEEN an attorney for twenty years
and that he entered the Ward case
af9r the defendant had consulted
his law partner.
Hr. Campbell was unable to pro-
dpAe a receipt for the two pistols
and box of cartridges that he and
the other defense attorneys turned
over to the sheriff when they made
the statement duplicating Ward in
the death OF Peters. He identified
carbon COPY.
Mr.. O'Neil then strobe to the ia
bic around which were grouped the
prosecuting attorneys. He lifted a
long black automatic pistol from the
table and paced slowly to the wit
ness stand. He handed the weapon
to Mr.. Campbell.
The defense attorney conceded the
pistol bore an identical number to
one mentioned in the receipt and
said that il the sheriff would identi-
fy the gun he would also. He an
swered similarly about another un
and a box of cartridges presented
in evidence by Mr.. O'Neil.
Before Mr.. Campbell left the
chair, Isaac \. Wills, the aged,
white-haired chief of the defense
counsel, crosS-examined his col
league. who said he had received no
previous intimation he would be
called as a witness.
Earlier in the day Attorney Camp
bell examined Earl \. Hardy. Pc
ters' uncle. who identified the slain
mans body in the White Plains
morgue several days after it had
been found.
Chief of Police Frank Cody of
New Rochelle testified that when
Ward was police commissioner of
New Rochelle-he held that office
at the time OF Peters death-he
gave him two pistols, and he Identi-
fed the two previously identified by
Mr. Campbell as the gifts. They
were 1921 Christmas gifts. he said.
The witness said that Ward fol-
lowed the custom of police commits
sioners who preceded him and in
dulged in target practice with pis-
tolls. He said that Ward was "a
good shot" and then testified he
gave the defendant a permit to car
ry a gun.