Monday, Oct. 01, 1923

The Ward Case Bitterness--An Able Judge -" Men Are Equal "

The Ward Case Bitterness--An Able Judge -" Men Are Equal "

The so-called Ward case has succeeded in attracting national attention. A summary of the facts:

Over 16 months ago an impotent sailor, Clarence Peters, was shot by Walter S. Ward, a son of the millionaire baking magnate (Ward's Bread), on a lonely road near Rye, in Westchester County, New York. Ward confessed, through his counsel, that he shot Peters, but claimed that he shot in self-defense and that Peters was an accomplice of a desperate band of blackmailers, who wanted Ward's money or his life. A first indictment was dismissed by Supreme Court Justice Seeger.

Governor Smith, of New York, then appointed Justice Wagner to preside over an extraordinary session of the Supreme Court, whose duties should be thoroughly to investigate the crime. The Attorney General's office superseded the local District Attorney. The wheels of justice were promptly set in motion. The prosecution secured another indictment from the new Grand Jury, on the theory that Peters was a poor boy, slain for some sinister reason by Ward, who was pictured as a wanton, wealthy wastrel.

Though a desperate attempt was made by Ward's counsel to secure a dismissal of the new indictment, it failed and the case was finally reached for trial this month.

The chief counsel for Ward is ex-Justice Isaac N. Mills, formerly of the Appellate Division of the New York Supreme Court. He is perhaps the most respected member of the Westchester County Bar.

While the bitterness of counsel has been almost unparalleled, Justice Wagner has been able to hold the bucking legal broncos well in hand. He is the calm, confident, dominating figure of the court room. He handles the lawyers much as a school teacher would handle unruly primary children. While authoritative in his manner, he is not autocratic or haughty. His main endeavor is to preserve order and obedience, and to have the proceedings possess the dignity of a trial rather than resemble the wranglings in a barroom.

At one point in the trial, leaning forward from the bench, Justice Wagner emphatically pointed his finger at a man in the front row of spectators.

"Outside," said the Justice sharply, his finger kept pointed at the man, "That gentleman right there. Leave the room! " Without a word the man scrambled to his feet and hurried from the court. Justice Wagner refused to enlighten reporters as to his reasons. Whatever the outcome of the case, one thing is sure--it is being proved that a man, no matter how rich, no matter how influential, no matter how generously endowed with astute counsel, must bow to the yoke of the Law. Over the portals of the court house where the case is being tried, appears: "To no man will we sell, delay or deny justice."