New Britain Herald Newspaper, August 21, 1923, Page 18

NINUTES OBTAINED | " BY WARD GOUNSE Show Testimony Belore Grand Jury-John Do’ Indicted New York, Aug. 21.—Counsel for Walter 8. Ward succeeded yesterday, after a fight dating back to his in-| dictment on July 26, in obtaining a copy of the minutes of the Westches- ter County Extraordinary Grand Jury which indicted him for murder in the first degree for the shooting of Clar- | ence M. Peters last year. . The minutes were delivered late in| the afternoon to Attorneys Rabenoid | & Scribner of 61 Broadway by a mes- | senger from Special Deputy Attorney General Thomas J. O'Neill, On the| basls of an examination of these min- utes the defense will appear before Supreme Court Justice George H. Tay- lor in White Plains Friday to move | for reduction of the degree of homi-| cide charged and for admittance of | ‘Ward to bail pending his trial on| September 4. | o It was not until the state had spent | its last effort in court proceedings | that the minutes were yielded to the | NEW BRITAIN DAILY HERALD, TUESDAY, AUGUST 21, 1023, " When Earth Became a Living Tomb - Ninety-seven men are known to have died, one is missing, and 37 were rescued alive when an defense. Early in the day both sides | had appeared in the chamber of Court of Appeals Judge Benjamin N. Car- dozo in the Bar Building at 36 West Forty-fourth street. Temporary Injunction. Mr. O'Neil applied for a temporary injunction restraining the defense from proceeding to enforce an order issued by Justice Albert H. F. Seeger in Newburgh granting the defense permission to inspect the minutes. Mr. O'Neil said he wanted the stay in view of his intention to fille with the Court of Appeals an appeal from the recent decision of the Appelate Division of the Second Department, in Brooklyn, the members of which in- terrupted their vacations to hear Mr. O'Neill’s application for an order pro- hibiting Justice Seeger from partici- pating in the case. The Appelate Di- vision, by a vote of 3 to 2, decided Justice Seeger could proceed. The next day Justice Seeger granted the motion for the minutes. At the close of a lengthy argument Judge Cardoza ruled: “I am quite satisfied that I ought not to grant a stay. I am disposed to think the special term of the Su- preme Court (presided over by Jus- tice Seeger) had jurisdiction. I can- not exclude from my mind utterly, even on the merits, the belief that your position, Mr. O'Neill, is wrong. I have much doubt that there is any- thing the Court of Appeals could re- view if a stay were granted. epecial term has made a decision, for better or worse, and it is made. There 18 nothing I can do now and there is nothing to stay. It is not within my power to give the stay.” Reason for Wanting Minutes. Previously Mr. O'Nelll had said that | /. if the defense obtained the minutes “the ends of justice would be defeat- | A NOONTIME NOTION A lot of folks who are s particular about their health habits drink a glass of Seibert’s Pas- teurized milk at their nooday lunch. Why §° 1 don’t you? : "MAKE SURE TS SEIBERTS' ) ! E. SEIBERT=SON! Your Milleman'E: $PARK ST, PHONE:1720¢ NEW BRITAIN.CONN. Stromberg Carburetor A. G. Hawker We Clean Everything | Under the Sun | General Housecleaning | A Specialty | NEW BRITAIN ‘ WINDOW | CLEANING CO. | 338 Main St.—Tel. 888 “ explosion rocked Frontier Mine No. 1 at Frontier, near Kemmerer, Wyo. Photo shows scene out- side the mine during the rescue work, seemed “scared to death.” John Doe Indictment. “I ,could swear the vest was but- toned,” he said of the clothing on Peters’ body. mussed up at all. They looked brushed, neat and tidy.” Only one cartridge shell rewarded their exam- ination of the ground, said Collins and Green. They said the ground showed no evidence of a struggle. An unexplained fact of the pro- ceedings was that the minutes were entitled, “The People of the State of New York against Walter S. Ward and John Doe.” This is the first time it has become known that Ward has been suspected of having an accom- plice. Nothing could be learned as to whether the state believes this person was an actual accomplice in commit- ment of the shooting or whether he was an accessory before or after the, fact, The minutes comprised 1,028 type- written pages and covered the testi- mony of seventy-two persons, among whom were forty new witnesses. In the investigation of the first Grand a terrific struggle for possession of Peters' revolver. Ward had told of the splintéring of glass of his automo- bile by a shot. The witnesses said they found no fragments of glass. The powder marks on the shirt, they as- serted, indicated Peters had been killed at a range of three or four feet at the farthest. They said they found only one automobile tire track. This disputed Ward's story that he drove to the place in his car, and the alleged blackmailers in another machine. Collins and Green testified the tire mark indicated Ward’s car had been | brought to a sudden stop. The body, they sald, had been placed in front of | the machine. The troopers said that a quarter of a mile back toward White Plains they came upon a motor truck, the driver of which said he had been stalled since 10 o’clock at night and had heard no shots and recalled no noise. Rose testified that two miles fur- ther away from White Plains, toward 4 ua, he came upon two motor s bearing several foreigners who ed,"” but Judge Cardoza cut him off on this line of argument by reminding him that the question did not enter into the situation of the moment. Al- lan R. Campbell of counsel for Ward | said that the defense wanted to see the minutes because they wanted to know whether there was enough evi- dence before the Grand Jury to war- rant its indictment of murder in the first degree. The record of the Grand Jury testi- mony showed that Troopers Ralph Collins and Harry Green, and Duncan Rose, a druggist of White Plains, all of whom saw the body between 7 and 9 o'clock on the morning of May 16, 1922, believed that Peters had been killed elsewhere and his body tran- sported to the side of the state road near Kensico Reservoir where it was found. No Signs of Struggle. They emphasized that it appeared | to have been “laid out,” that the vest and coat showed no signs of being punctured by a bullet and that there were no signs of a struggle. Ward had said that he shot Peters during TIRE VALUES Special Opportunity to get a Standard Make of First Quality Full Oversize Tires at Exceptional Low Prices. Brand new stock—fully guaranteed. Just compare our cash offer with the present list. The | /3 —— SOLD FOR CASH ONLY ——" List Our Price $ 8.85 I $10.65 $16.50 $18.95 $19.90 ) Our Price $27.20 $27.80 $28.90 $29.40 $33.90 $29.65 List $36.40 $37.21 $38.11 $39.19 $45.27 $40.05 32x41/, Cord 33x4l, ¢ x4l ¢ 35xdlp ¢ 33x5 “ 36x41H ¢ 35x5 “ $47.52 $34.90 37x5 “ 34999 $36.70 RACKLIFFE BROS. CO., Inc. 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Your parents will appreciate the information given in this book. Send a postcard at nnc)e for your f¥ee copy. CONNECTICUT BUSINESS COLLEGE 163 MAIN STRE ET NEW BRITAIN, CONN. “His clothes were not | }Jury that undertook the case only thirty-two witnesses were heard. Investigation Costs $50,000, When Ward was informed in the jail at White Plains yesterday that the minutes had become available to him, he said, “I expected that. They couldn't deny me the right to the evi- dence 50 that I might prepare my de- fense," It was said last night in White Plains that if the indictment were dis- missed the Attorney General would soek a superceding indictment on a lesser degree of homicide, Many tax- payers were said to have taken a stand against. further large utlays of money, the investigation already hav- ing cost Westchester county almost $50,000, FAITH IN AN OLD SAYING. Although the cities of Holland are constantly in danger of being con-| querer by the seas, should a dike break and not “be quickly repaired, the inhabitants still cling hopefully to the famed saying of Louis XIV: “Have no fear for Amsterdam. T firmly believe Providence will save her because of her benevolence to the poor.” Ground beetles are destroyers of in- sect pests, snails and centipedes. Is Every Day a Backache Day? Lame and &chy in the morning? Tortured with backache all day long? No wonder you feel worn out and ds- couraged! But have you given any thought to your kidneys? Weak kid- neys cause just such troubles; and you are likely to have headaches, too, with dizziness, stabbing pains, and bladder irregularities. Don't risk neglect! Use Doan’s Kidney Pills. Doan’s have helped thousands. They should help you. Ask your neighbor! Here is a New Britain Case: Mrs. J. P. Tracy, 70 Belden St says: “As soon as my kidneys became irregular in action, I had sharp paing in my back. 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