The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-10
ON TRIAL FOR CONSPIRACY.
Beginning of Court Proceedings in the
Election Fraud Prosecutions.
A Continuance of the Case Until Saturday
Granted the Defendants-A Question of
Jurisdiction Likely To Be Raised.

Coy, Jonn I'll. Counselman and Henry n Span
on the charge Of conspiring to commit an offense
against the United States in altering election re-
turns was effected, yesterday morning without
placing either of them in actual custody. The
| accused were personally served with the war
rants by United States Marshal Hawkins and
his deputy, Frank Miller, about 9 o'clock, and
a few minutes later Mr. Coy reported at the
marshal's Office and directly after him, Messrs.
Span and Counselman came. It was not until
United States Commissioner Van Buren, had
taken his seat in the grand ury-room with
twenty-five OF thirty people in attendance, that
Mr. Bernhamer appeared. There were but few
prominent Democrats present although
the crowd from inferior political ranks
| increased to fifty or more by the
time the attorneys were ready to proceed. No
preparation had been made to seat the specta-
tors, and even the accused we're compelled to
wait their opportunity for a chair or share of
the few benches. The assistant district attorn-
ey with Captain Ritter, in behalf of the commit
tee of citizens. represented the prosecution, and
what the defense had to say was offered by Mr..
| Span, who. for the time being, spoke whenever
necessary in his own behalf and that of his CO.
defendants Mr. Coy sgnaled his entrance by
/ passing over to the governments side of the ia
| BILE and shaking hands with Captain Ritter For
a moment the greeting would have seemed to
the uninitiated as one of cordiality between law
yer and client, and not as belonging TO prose
cutor and prosecuted. Aside from its attorney,
the committee of citizens was represented only
by VIM. Henderson, while the defendants had
the presence of State Treasurer Cooper Leon
Baily, James Renihan, County Clerk Sullivan
and Steve Matter to give them moral support
The governments attorney read the long
affidavit. after the ordinary forms of returns
the warrants had been observed. This reading
required half hour, and at its close it very
came to notice that nothing more would be done
that morning than the fixing of time for a pre-
limipary hearing. Mr. Span inquired, "Will
you be kind enough to state under what statutes
you propose to proceedH
Under Sections 55l1 and 55l5 of the United
States Statutes, replied the assistant district at
torney.
The substance of the first section referred to
Is that 'if at any election for Representative
Delegate to Congress any person. by force,
threat. intimidation bribery, reward. offer
thereof. or by other unlawful means, induces
any officer of an election, or officer whose duty
1T is to ascertain, announce or declare the result
of any snch election. or give or make any certii
cate, document or evidence in relation thereto.
to violate or refuse to comply with his duty or
any law regulating the same, or aids, counsels,
procures or advises any such person or officer to
do any act hereby made a crime, or attempt TO
do So shall be punished by fine Of not more than
$780, or by Imprisonment not more than three
years. or by both" Section 55l5 provides that
every officer of election at which any Rep
resentatiye or elegate in Congress is voted for,
whether such officers Of election DE appointed
or created by or under any law or authority of
the United States, or State territorial district
or municipal law or authority, who fraudulent
ly makes any false certificate of the result of
regard
or delegate, or who withholds, conceals or de-
stroys any certificate of record, required by
law respecting the election of any such Repre-.
sentative or Delegate or who neglects refuses
to make and return such certificate required
by law, or who aids, counsels, procures or ad
vises any voter, person or officer to do any act
by this or any of the preceding sections made
crime, or to omit to do any duty the omission of
which is by this, any of such sections, made
crime, or attempts to do so. shall be punished as
prescribed in Section 55ll"
Mr.. Spaan Ill conceang the excitement un-
der which he lab pred. said that it the first
time the accused had had official notice of the
contents of the affidavit sworn to by Dr. Wag
ner. Through the newspapers, Of course" he
continued we have been informed that such
paper had been filed and warrants issued there
on; yet we can't take cognizance in this proceed
ing of that means of information. / have net
consulted any other of the defendants, but am
sure express their wishes in this matter. This
is a grievous charge, and ii it is not asking too
much of your Honor, would like to have the
examination continued for week, in order to
prepare defense. We are entitled to time for
this purpose under the statute, and as the ar
rests and the first official notification as to the
contents of the afidavits come to us this morn
ing, do not think q week is any too long for a
continuance"
''The government" said the assistant district
attorney, wants to show all due courtesy to the
defendants"
s..It is not matter of courtesy" Mr.. Span
answered; cit is a matter of right"
''The defendants" replied the prosecutor
knew this was coming, through the news
papers. and, while l grant that is not official
cognizance, they were thus informed of what
would happen, and have had time to prepare
themselves to answer the charge. They don't
like the word courtesy, but they have enioyed
the benefit of it by the warrants not being served
until this morning. 1t was exceedingly courteous
on the part of the citizens committee not to in
sist on full formaties of arrest and now the
defendants seek continuance on mere technical
grounds"
II do not see any reason" said Mr.. Spaan "to
mention the citizens committee in this proceed
ing. We do not know what we will do as yet.
1t is possible there may be motives of vital in
terest to any further proceedings in this court.
We are entitled to time in which defense can
be prepared and there is no law to compel inn
mediate action, except to give bond for further
appearance"
Captain Ritter said the request was reason
able and fair, but considered the time asked for
unreasonably long. Then followed some more
sparring, during which Mr.. Span intimated
that it was possible the question of jurisdiction
might arise, and the defendants attor
neys might want time to care
fully arm themselves for such argu-
ment. The governments attorney said that
the question of jurisdiction remained for
higher court. as these proceedings were only
preliminary to another grand jury investigation
or acquittal. Commissioner Van Buren, cut the
| controversy short by giving the defendants until
| Saturday morning, at O'clock in which to pre-
| pare defense He would require of each of
them ST. 600 bond, but. Mr.. Span thought this
| excessive, persons arrested for bribery in
| elections On indictments found by the recent
grand jury, had been released $500 bond
The crime of bribery was greater than that
charged against him and his co-defendants. The
| assistant district attorney said that those in