The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-28
BEFORE JUDGE AYRES.

Gratis from Continuing the Recount.
In the Judges private room, twenty minutes
to 8 o'clock last evening, were Cas- Byfeld,
Judge Holman and Albert T. Beck, attorneys for
the Democratic contestants. With them was
John E. Sullivan and j. T. Tanning They had
a taly-shee before them. In the courtroom
the Democratic commissioners were preparing to
proceed with the count, and, as preliminary,
ordered out several reporters Judge Ayers was
directly afterwards met on the outside. in the
lobby leading to his private room. He had just
come from home. Immediately the two Demo
cratic commissioners fastened so sign the result
Of the vote or their report of the
count Entering the private room, the Judge.
followed by Stanton j. Peelle, Ross Hawkins
and others, found the occupants somewhat dis
turbed by their unexpected appearance in their
presence Judge Ayres said he wanted the room to
hear what might be brought before him, and the
attorneys gave way. Before anything done,
however, John e Sullivan asked the Judge if
the reporters were to be admitted. Judge Ayres
replied that he saw no objection to their pres
enee, which ratified Mr.. Sullivan.
Mr. PEBBLES VIGOROUS REMARKS.
Pending the Judges readiness to hear what
ever might be said, Stanton j. Peelle remarked,
in effect that their purpose was to direct his at
tention to this ''socalled recount" Cas- Byfeld
objected to the term socalled He intimated
that if the proceedings were to begin with abuse,
the sooner they came to an end the better. Mr..
Peelle then formally addressed the Judge, speak
ing, with much earnestness and emphasizing his
references to the so-caled recount with tone and
force that continually rasped the senslbilties Of
Mr.. Byfeld. While speaking Of the character
of the proceedings, he was interrupted by Mr..
| Byfeld saying Il insist that the gentleman
would bring forth at once his position. if he has
any. and give us something tangible TO meet"
Mr.. Peelle-"I will do that in proper time;"
and he continued to detail the operations of the
count up to the time the Democrats discovered
that Mr.. Prltchard still had one majority.
This was unexpected to them," said Mr.. Peelle,
land they at once began to assert the right to
another count, on the ground that they had re-
served the right to go back and take up ballots
that had been passed over. This was done in
defiance of the agreement to replace the ballots
| in their bags, seal the bags and put them in the
| boxes, ard lock the boxes as fnality."
Mr.. Byfeld-It is time to interrupt this flow
of abuse, and we ask the protection of the court.
| We will not submit to this any longer.
| By this time Mr.. Peele's anger was approach
| ing fever heat, and with impressive earnestness
| he continued: 'They broke the box, broke the
seal of the bags, emptied out the ballots, and be-
gan to recount They had violated the county
clerks ri ght of possession of the ballots Chang
ing rulings they had formerly made. the result
of this second so-caled recount to give two
majority to their favorite candidate. Then they
said, no further recount is necessary"
Mr.. Byfed-We prefer, if the gentleman has
anything to offer in a legal way, to have it done
at once rather than to listen to this unbridled
| TRADE
| Mr.. Peele-I am stating facts, and I will give
the gentleman something to meet No one can
| stop me.
| Mr. Byfeld-The court can stop you, and
! ought to do it at once.
| Mr.. Peelle continued in reciting the incidents
| attending the rape of the ballot. He referred to
| the power of outsiders the majority of the
commissioners, and this again nettled the oppo
| sition.
| Mr.. Byfeld--We ask the courts protection,
and if this stump speech cannot be stopped we
will withdraw. We will not be insulted any
| longer by this TRADE against the acts of honor
| able gentlemen.
ASKING FOR AN INJUNCTION.
| Mr.. Peelle continued by calling the courts
| attention to decisions that the appointment of
| receivers during vacation were null and void
But, pursuant to statute, he had appointed these
commissioners and they were under the orders of
| the court, and while no petition concerning
| the conduct of the gentleman so appointed could
| be considered in vacation, the court had the
power to hear an application for injunction, and
| issue one thereon. Therefore" said he, "all
we ask the court to do is to instruct the COM
| mssoners not to sign the report until we can OBJ.
tain An injunction against them to keep the re-
| port from being filed"
! Judge Holman-The work of the commits
| sioners is done, and an injunction will be of no
| force.
| Mr.. Peelle-The report is not filed nor is the
filing complete until the report. with the ballots
| are in the possession of the clerk. The ballots
are an essential element according to the statute
| to complete the act of filing. This has not been
done, although the report has been hastily
signed.
Judge Holman maintained that the question
was the right of the court to instruct and order
the commissioners after the act of appointment.
While there was nothing before the court in
legal way, he would, nevertheless. insist that
the courts powers had been exhausted in the
act of appointing the commissioners.
Mr. Byfeld said he had never heard of such a
travesty on justice as that perpetrated by Mr..
Peelle He came rushing into court seeking
protection for innocent lambs They had had
experience with those lambs, and now they
wanted the judge to give the commissioners a
little moral lecture. 1t was uncalled for in Mr.
Feelie TO state that the purpose of the majority
| of the commissioners was to count in Mr.. Rip
| ley. He believed in the honor of every gentle
man on that board
| Mr.. Hawkins asked the attention of the court.
to give in brief the events of the count ne being
a witness to everything that was done. Coming
up to the hour of midnight on Monday night
when John K. Sullivan returned from his call on
Judge Ayres, he said: WORD was brought that
your Honor said that the board had right to do
anything it id pleased. This we refused
| 10 accept as an authoritative order to proceed
with the count. and 1t was agreed to hold the
matter in allegiance until morning. 1t was
further agreed that the petition which was pre-
sented to your Honor at o'clock this morning
should not be presented without the presence
of one or more of our side The watchers left the
courtroom with this understanding. but how
well the agreement was observed all know
Mr.. Sullivan am not aware that any such
agreement was made
Mr.. Hawkins-It was, however Again the
commissioners have not signed the tally sheet of
the clerk 1t is some other tally which thev seek