The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-30


by law and ordered by the judge, and for the
further reason that an agreement had been
made to reseal and relock the ballots in their
boxes
An additional allegation recites the force used
by Sterling r. Holt in breaking open the ballot
box with Ratchet, and the manner OF conduct
ing the second recount in which the petitioner
says 1.-THE two Democratic commissioners refused
to count two or more tickets for him that he was
legally entitled to- and which the said commissions
ers had counted for him on the first recount"
also, that they counted two tickets or more for
Ripley. to which he was not entitled. but which
should have been counted for Pritchard The
result OF this second recount was 1921 for Ripley
and l,8l9 for Pritchard. The petitioner alleges
tnat the Democratic commissioners refused to
report to the clerk of the court as provided by
law, the result of the first recount, but 'tare
hoioing and threatening to certify to the second
recount" Charles A. Dryer, the Republican
commissioner, was ignored in the certificate of
the second recount, the clerk whose
tallles were set aside, the Democratic commits
sloners taking the tallies of another person as 10
this second recount
IN the prayer of the petition an emergency is
declared to exist for restraining the defendants
from making the second recount, from refusing
to count ballots for Pritchard, to which he is
entitled, and from filing their certificate of the
second recount. 1t also asks that the clerk b9
restrained from receiving said certificates. The
restraining order is prayed for until hearing
A9A POIpctudl eau 10 udu
TEMPORARY INJUNCTION GRANTED.
Judge Ayres opened court at o'clock last
evening, when there were present Stanton J.
Peelle, VIM. A. Taylor and r. 0. Hawkins, at
torneys for the petitioner, and Bynum and
Beck representing the Democratic Commission
ers. Previous to reading the petition, Mr.. Peele
said that matter of courtesy he had given
notice to defendants and their attorneys to ap-
pear, though he was not required to do so, since
declaration of emergency is made. Holman
and Byheld were not there, but Mr. Bynum said
that the appearance of the defendants through
him and Mr. Beck was sufficient. Accompany
ing the petition were af6davits from Caleb S.
Denny, James A. Pritchard, Daniel NJ Rams
dell, Norman S. Byram, Henry c. Adams, r.
o. Hawkins and Charles A. Dryer. The petition
was then read.
Mr.. Bynum-The board cannot make any
return until the count for mayor is completed,
nor can it adjourn until certificate of its work
is filed. The court does not wish to hold the
board at the expense of the contesting parties
for any length of time 1t would be unjust.
Therefore, wish for a final hearing at once
Mr.. Hawkins-The statute does not prohibit
recess and the board need not necessarily be in
session after the count is completed, pending the
decision of this question.
Mr.. Peelle-We will consent, as far as we can
agree to allow the ballots after the count to be
returned to the clerk.
Nr by uLu-VG Will not consent TO ANYTHING
of the kind. The board must be in session.
Mr. Peelle-We will agree to separation of
the commissioners without final adjournment.
Mr.. Bynum-There will be no attempt to make
report until this question is heard No
straiDing order is necessary, if the time inter-
vening until the question is heard is not later
than tomorrow night
Judge Ayers-The charge of conspiracy is
made, among other things, but the question to
interfere in the recount is a grave one and re-
Uni - -.
Immediate action would seem to be necessary.
The only thing can do in vacation is to grant a
temporary injunction. l can grant a restrain
ing order until the question can be heard in evil
dence and argument. and then a temporary in
Junction until 1T can be heard finally The bet
ter way will be to grant the restraining order
until tomorrow night and then to hear argu-
ment on the temporary injunction.
The question to the form of testimony to be
given, whether by affidavit or orally, was raised
Mr. Hawkins thought oral testimony would
shorten the matter and do away with numerous
affidavits.
Mr. Peelle-And possibly we may wish to in
troduce the ballots
Mr. Bynum-How will YOU get them ont of
the possession of the commissioners?
Mr.. Peelle-There will be way, doubt.
Judge Ayres-If it was practicable, l would
like to take such time as would he necessary to
give the question thorough consideration. We
can't lose sight of the fact of the session of the
commissioners. They must make out and file
their certificates before they adjourn. There
fore, the question should be decided at once. but
as to the manner Of evidence. I think that can
be settled only by agreement among yourselves
rather than by order of court.
To this view both sides assented, and the re-
straining order was granted until tomorrow
night at o'clock. In preparing the form, Mr.
Bynum suggested to Mr.. Peelle that he make it
cover the filing of the certificate of any recount,
when the latter said they had no objection to the
first recount, 1T is the second we are after"
The order was received by the sheriff
within a short time after it was issued.
In the meantime, the commissioners proceeded
with their recount aside from the gains recorded
above Cottrel making few in the Twentieth,
Twenty first and Twenty second wards and los
ing few. In the first precinct of the Twenti-
eth he lost one; while Denny gained one in
the Twenty first. Cottrell lost one more in this
ward, but gained three in the Twenty second
The count stopped there for the night, Denny's
majority being reduced to twenty