The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-01
CHICAGO.
A Full Resume of the Recent Election
Frauds Trial.
a Statement of the Case-Judge BIod get,
the Defendants, Their Attorneys,
the Result, Etc.

CHICAGO, Feb. 27.-The trial in the Dis
dered. Guilty has been written against
the names of Joseph c. Msckin, William j.
Gallagher and Arthur Gleason, three OF the
defendants in the election fraud conspiracy
case, and flashed across the continent and
over the seas. The jury have retired to their
peaceful homes; the defendants are out of
custody on heavy bail, and the public await
the decision of Judge Blodget on the mo-
ton of Thompson, Gallagher's attorney, for
q new trial.
The story has been repeated, till reps.i.
ton may seem vain, but | will venture:
a few days following the last Presidential
election the community was startled by re-
port that g stuperdOus fraud haG been CON-
mit'ed that forgery had been perpetrated
and spurious tickets substituted for the
original onss in the returns and ballots of
the Second Voting Precinct of the Eight
zenith Ward of Chicago. The rumor was on
every body's lips. If it were true, where was
the boasied liberty and protection OF the
ballet?
Men who had canvassed the political
situation and conned the qualifications of
the nominees to the various positions TO be
voted for, had partisan, personal and less
selfish reasons for casting the ballots they did.
Whatever their decision, whichever party
was their choice, whether they voted straight
or not, the man and the vote was legally and
rightfully unified, and the responsibility
rested alone with the voter. Bat here comes
the rumor of fraud, the discovery OF evil
dence pertaining 10 it, and the papers to
take it up. Citizens and politicians gather
here and there and discuss the possibility of
such thing pro and con. The party organs
wax warm over the alleged discrepancies,
until finally the UMPIRE JUDGED and patriotic
citizens men and women, regardless of
party preferences asserted IN no unmesuing
terms that if the alleged thing were true the
perpetrators must be discovered, be they
friend or foe, punished to the extent OF the
law and the honor of Chicago INDICATED.
In due course Of time citizens COMMITTEES
composed OF eighty men equally from the
Republican and Democratic parties, formed
an organized body fer the purpose of ferret
ing out the scheme, if scheme it be, and
raised SIS 600 for the purpose.
Step by steO the work went on, little by
| little the evidence accumulated and every
| shade OF information was followed until its
| reliability was established or exploded and
the foundation for personal beliefs even were
csnvassed and sized to the bottom. District
Attorney Tuthill secured evidence sufficient
| TO file an information IN the United States
District Court against Mackin, Gallagher,
! Gleason and Beihl, charging them with hav-
ing planned and executed the fraud. Thess
charges include the altering OF the certi-
| fcates made by the Judges of Election in
the Second Precinct of the Eighteenth Ward
so that it was made to appear that Rudolf
Brand had received 474 votes for Senator for
tire Sixth Senatorial District of Illinois, aud
Henry w. Leman 900 votes for such Office,
and VIXEN the fraud was exposed it was
found that Leman had received 400 votes I'D
Brand only ga, The charge also alleged
the removal OF the tickets from an envelope
containing the ballots voted in the Second
Precinct OF the Eighteenth Ward and sub.
shutting $50 Others false ones in their place,
which were made to look like the regular
ticket voted with the exception of Brand's
name es candidate for State Senator ia the
place OF Leman's The prosecution was
based upon tbs ground OF conspiracy on
the part of the four defendants by which
they committed crime against the United
States leCtlOn laws.
1t seemed q debstsble point with many,
because the defendants we're tried upon an
Information alone; but Judge Blodget, in bis
charge TO the jury, explained the matter as
follows "The law authorizes in this class
of offense, the District Attorney to file an ia
formation, and the defendants are rs correct
ly put upon trial upon the charges in that
information as though they were On trial on
an Indictment presented through the me-
dunn of the grand jury" 1t was also dis
cussed that afidayits secured on information
and belief was not legally proper way
to bring it before this court. Upon
this point Judge Blodget said: That
the only function or force of that affidavit
was 10 guide the mind of the Court upon the
question OF whether the case was sufficiently
grave to authorize the order and issue of a
bench warrant, and direct the amount of
bail which should be indorsed upon that
l. i
that the question whether this case was prop
erly brought before you is not matter for
your consideration at all. 1t is a matter of
Law, solely for the Court"
There seemed to be various opinions az re-
CARDS the prosecution on a charge of con-
spiracy, but yen will find in the Revised
Statutes Of the United States Section $40.
the following: "If two or more persons co o.
sDire either to commit any offenss against
the United States. or to defraud the United
States in any manner, or for any purpose,
and one or more of such parties do any act
to effect the object of the conspiracy, all the
parties TO such conspiracy shall be liable to q
penalty" In the judges charge, be said, in
substance that if acts were committed
whereby such objects as were included in a
conspiracy, were accomplished, that 1t was
| as complete as a crime, and the penalty must
| as surely follow.
The law also teaches that a violation of
| any duty pertaining TO the performance of
| the provisions of the United States election
laws is also an ofense and punishable and If
any person interfere with another who has
| such duties to perform, it is also an ofense,
as is the destroying tampering or forging
| the records or documents pertaining TO the
result OF elections deposited in public
Offices
The law of Illinois requires that the Coun-
ty Clerk and his deputies shall safely keep
the poll books, tally-sheets aud ballots given
| 10 him by the Judges of Election, and il is
| their duty 20 see that they are kept from the
possibility of being stolen or other wise
| changed In the evidence that was brought
out by the prosecution ii was shown that the
returns were altered, and the fact discovered
| at the time of the canvass by the County
| Canvassing Board. The District Court was
then IN session and the matter was brought
| before the Grand arv, and subpoena was is
sued for the County Clerk. Nv. Ryan. to lay
returns, poll-books, tauy-sheets and ballots
| of the Second Precinct Of the Eighteenth
Ward. before the Grand Jury, bat the same
day, November 81, between 2 and in the
afternoon, defendant, Mackin, engaged s.
| B. Wright, of P. L. Hanscom's Printing
| Company's Office, to print ticket like the
regular Republican ticket used in the cleo
ton, with the exception of the name of the
nominee for Senator. which was done, and
| 2 600 Of them delivered to Mackiu between
and 10 that night The prosecution showed
that when the envelope containing the bal