The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-02-06
Wells Still ut Large-rhe Anderson
TriaI-The Case for Contempt.

NEW ORLEANS. Jan. 29-The hiding place
of Wells has not yet been discovered. An
derson's case is progressing.
In regard to the case for contempt against
United States Commissioner Lane, Deputy
Collector Tomlinson and Deputy Marshals
Wurzburger and Steele, on motion it was
ordered that this matter should go over until
after the termination of the Anderson case.
At S:15p. NJ. the last jurorwas impsuelled
when the jury was locked up for the night.
Anderson was remanded to the parish prison,
and the court ad burned until tomorrow.
The Jury is composed of ten white and two
colored men. The colored men are young,
and comparatively intelligent mulattos,
who stated that they had never taken any
part in politics
bill of exceptions was taken by the
defense, when Judge Whitaker excused a
colored bricklayer from the jury duty,
whom the defense would have ac-
cepted as juryman. There were
also a number of bills of exception
taken to the court ruling in cases where
jurors had stated that they had an opinion
formed which would require considerable
testimony. to remove, but on being ques
toned by the court stated that they could
go on and try the case impartially, notwlth-
standing previously formed opinion. In
case of a conviction the case will go to the
supreme court on a'large number of excep-
tiOns.l The following jurors were impan-
elled: G.. NJ. Bailey, Jr., ]. X. Bayly, n. e.
Bailey. Z. w. Hernck, John X. Renaud, w.
H.. Converse, Jr, r. Dumestre, Conway
Boyle, Jeremiah Lincoln, James Prince
(colOred,) L. L. Montraiser (cOlored,) Richard
Murphy. When the state during the EN-
panelling of the jury had exhausted its six
peremptory challenges the defense had three
left, having only used ten. In the company
of Sheriff Hudson, General And erson, special
deputy collector of customs, visited the Gus
tom house today. He is treated courteously
by his prison keepers.
New ORLEANS Jan. 30-The trial of An
derson was resumed this morning and the
court room was filled with spectators. AT IL
o'clock the jury entered the court room and
occupied their seats. The clerk read the
information against the prisoner, to which
he had pleaded not guilty. The first witness,
w. II. Smart, being sworn for the state, said ::
l am clerk of the district court of Vernon
parish. Twas deputy clerk before. The docu-
ment shown me contains my official sigma
ture. 1t is the election return
Mr.. Ray objected as the document the
latter speaks of was the original returns of
the election signed by the supervisor of
election and registration, when the docu-
ment offered is a consolidated tatement of
the returns, and under the law there is no
such officer known as the supervisor OF
election and registration. Mr.. Ray offered
an additional objection that the document
must have been signed by the clerk of the
court instead of by deputy clerk. and that
as they are charged with utteung forged
document forgery must first be proven
before uttering.
The assistant attorney general commended
that he did not purport to set out fac smile
of the documents presented. The law does
not require a document to be described
accurately. 1t was certified to by the clerk
that was sufficient
Mr.. Casteleanos said that the objection
was not as to the form, but is to the SUBJ
stance of the information.
Judge Whitaker said the objection was
purely techenical. The information could
be amended under the statutes.
Mr.. Castellanos read bill of exceptions
He SAID he had been referred TO section
1,047 OF the revised statutes by the attorney
general as to the amendment of the infor-
nation in the forging. Like some other
crimes there were well settled rules. A va
rance between the indictment and the of
Tense was always fatal; also the omission of
any words. The document alleged to be
forged is defective, if not in form, in sub
stance. The indictment is null and void
Attorney general Agden replied that the
court was right in the position it took origi-
nally. He had propose dunder the statutes
to amend the indictment. The rights of the
defense would not suffer by it. The matter
was 10 be decided by the sound discretion OF
the court. Assistant Attorney General
Egan supported the allegations made in the
information. He said the amendments
variance was not material, Mr.. Casfelanos
objected to the amending OF the informa-
ton which, however, was overruled and the
district attorney amended the information by
inserting the words supervisor of registra-
ton" instead of supervisor of election"
At the evening session Thomas Franklin,
supervisor of registration of Vernon parish,
testified: After identifying the returns
shown him, to the alterations made after he
had signed them, that only at poll No. s
were any republican votes cast, and there
only two for Souse, of the Hayes electors,
several of them receiving none at all. Look
ing over the returns from poll No. 2,
the votes altered in giving
each Hayes elector 81 votes, while they had
received none at the poll The number 9Sl
votes were given the Hayes electors, while
they had received none. This after he had
signed the returns consolidated the return
of all the votes cast in the parish. Where
the republicans had received two votes,