The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-01
THE END OF THE RECOUNT.
Judge Ayres Allows the Commissioners
to File Their Official Report.
He Decides That He Has No Power to Prevent
the Fraudulent Counting of Votes
Commissioner Dryers Report.

straining order against the Democratic commits
sionsrs filing their report of the second recount
OF votes in the second aldermanic district.
The argument having been completed
she night before, nothing remained to conclude
the proceedings but the decision. Yet. antlcipat-
kng, perhaps, some other move on the part OF the
Republican attorneys, the Democrats, in addl-
sion to Judge Holman, Messrs Byheid, Beck
and Bynum. brought Senator Mcdonald ana
Duncan. Smith & Wilson into the case Foil
ficians, lawyers and business men made up Inc
audience. which was OF considerable SIZE
Judge Ayres said that, considering the short
kixne he had, and the condition in which the re-
counting commissioners were placed, being una
Einsed, he had not examined the matter as
fhoroughly as he would like to. However, it
was important that an immediate decision
should be given. 1t has been conceded as gen.
eral proposition of law, he said, that the dlscre-
lion of body acting in judicial capacity can
not be directed by a court
Mr. Peelie-We concede that, your honor, ex-
ksept when fraud and conspiracy arise.
Judge Ayres-Yes, / so understand it The
court being unable to direct how the votes shall
be counted. it is met by the charge of fraud ana
conspiracy in this instance. These fraudulent
acts, it is assumed, were in counting votes for
Ripley, and that they worked an injury to
Pntchard but in deciding this question I do not
SBss how can do it without deciding how the
votes should be cast right the court
does not possess. In any way 1 look
mt the matter come back to the first PROPOSE
zion, that the court has right to decide how
the vote, shall be counted. I cannot restrain the
commissioners from making a report If the
ballots were counted wrongfuIly, enormously or
traudulently that is a matter that must be set
fled when the case comes to trial in the court.
4 will, therefore, sustain the motion to dissolve.
The plaintiffs said that, under the statute, the
Judge sitting in vacation, they were debarred
from the right of appeal, and had, therefore, no
further steps to urge. Upon this, four reports
ers, one each on the aldermanic and mayoralty
count, and one each by Mr.. Dryer. the Repub-
llcan commissioner. AS to the alder
manic count. the Democrats report SIM
ply that Ripley received 1921 votes, and
Pritchard, 1879. Mr.. Dryers report was to the
effect that Pritchard received 1921 votes and
Ripley 1920, supporting this by reciting the in
cidents of the count which have been published,
and his protest against the counting of certain
tickets mentioned heretofore.
report, after setting out the authority of the
commissioners says
THAT they have made full, true and accurate
recount of said ballots except as to the ballots
ward of said city; that when the sack in which
the ballots for said precinct should have been
placed by the election officers of
said precinct was opened for the
purpose of making a recount thereof, it
was discovered either that the ballots had never
been placed in the sack by said election officers,
OR that they had been removed therefrom before
the box said to contain all the ballots was de-
1ivered to these commissioners by the city clerk
for the purposes of said recount and as to said
precinct they have taken the official
returns of said election officers rs shown
by the tally-sheet found in the sack as being a
correct return of the ballots cast in said precinct
They certify that as result of said recount
Caleb S. Denny received the highest number of
votes east at said election for the Office of mayor
having received of the whole number OF votes
cast in said city, nine thousand and
eighty-one t9,081), the same being a plu-
Tality of nine votes; that the next highest
number of votes was received by Thomas
Cottrell, who received nine thousand and
seventy-two (9,072 votes; that Robert Denny
Feceived one hundred and ffty-six (156) votes
shat Edward S. Pope received thirty-ive (35)
votes"
The report then gives, in detail, the
votes for the several candidates by wards,
differing only from the official report
heretofore made by the canvassers of the cleo
fasn N the changes noted by the Journal yester-
day. The report is signed by Sterling r. Holt
and Albert +. Ayres, who state that the report
being presented to Charles A. Dryer for his sig
nature, he refused to certify to the said count.
The salient features Of the minority report,
by Commissioner Dryer, are that he agrees with
the report filed by Sterling r. Holt and Albert
II. Ayres, except in the following particulars, to
wit
''First-That in the Third precinct otshe First
ward a ticket with the name of Caleb 5. Denny
scratched was written in pencil at one side of
Eaid ticket, the name word 'Corell,' and was
counted for Thomas Cottrell for mayor.
'Second-In the First precinct of the Fourth
ward ballot with Thomas Cottrell paster
over the name of George T. Breunig, candidate
for city clerk, was counted for Thomas Cottrell
Tor mayor and the name of Caleb S. Denny was
printed ON said ballot in the proper place, under
the words, For Mayor" but was not counted
for Caleb S. Denny for mayor.
'AThird-In the Second precinct of the Fourth
ward a ballot on which Thomas Cottrells name
was scratched off with pencil was counted for
Thomas Cottrell for mayor.
Fourth-Aiso, In the same precinct of said
ward, ballot with the name Of Caleb S. Denny
for mayor printed thereon, under the printed
words For Mayor was not counted for Caleb S.
Denny, but was counted for Thomas Cottren for
mayor. Thomas Cottrell's name was pasted ON
said ticket under the words For Councilman
and over the name of Theodore Smither.
stFifth-In the First precinct of the Thirteenth
ward, Thomas Cottrell paster under the words
'For Aiderman-Second Aldermanic District,
and over James y Pritchards uame, was count
ed for Thomas Cottreni for Mayor, though the
name of Caleb S. Denny appeared printed on
ssSd ticket in its proper place, under the words
For Mayor and the same was not counted foSr
iCaleb.S Denny. for mayor
In the Third precinct of the Seventh ward
two csts of double Democratic tickets, folded two
and svo, were found strung together, closely
folGed upon the end of the string, and were
pointed for Thomas Cottrel For Mayor al
ehongh there were presented to the board, in
open session. before said tickets were counted,
the afidavits of j. L. Thompson, inspector
of said precinct. at said election. and Levi Mar
shall, one of the judges of said precinct at said
election, who swore in substance that there were
four straight Democratic tickets found in the
ballot-box in said precinct the evening of said
election, with the other tickets therein said four
tickets folded together in twos none of which