The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-07
SMITH ON TRIAL.
Judge Norton Sustains the Information, and
Proceeds with the Trial.

When the trial of George w. Hill inspector of
elections in the first precinct, Eighteenth ward
and Charles Smith. charged with destroying bal
lots, was called in the Criminal Court, yesterday
afternoon, the defense moved to quash the pro-
ceedings. It was urged that the information
was insufficient; and that the accused had once
before been brought into court on the same
charge; and further, that the grand jury had in
vestigated the matter without returning an in
dctment Judge Norton held the information
to be good, as it covered the defects upon which
the one filed some weeks ago had been quashed
A separate trial foc Smith ana Hill was then
asked for and granted, and testimony was at
begun relating to the charge as it applied to
Smith.
Reible, night-watchman at the city Offices, and
Kane the latter Waterman appointed by the
Democrats to assist in guarding the ballots, tes-
tilted that while the ballots and boxes were in
the city clerks Office no one disturbed them.
EX-City Clerk Breunig said he received the box of
the First precinct of the Eighteeth ward with the
bag in it and the tally sheet, pollbook and other
necessary papers relating thereto. from Mr.. Hill
the morning after the election. The ballots were
securely kept by him in two large store-bc xes
which, in turn. were placed in larger box, This
was locked and sealed He had it remt ged 20
the city treasurer's office for greater scurity
When he received the bag in questi2n it was
tied and sealed, but he couI not tell
whether it had ballots in i: or not.
During this time Mr.. Hill never came to him
saying that he had accidentally put private pa
pers in the bag and wanted to get them out He
knew nothing of the ballots after they were
turned over to tho recounting commission.
Charles Stein, Democratic watcher at the
First precinct polls of the Eighteenth ward,
said he saw the process of counting the votes.
Mr.. Hill took the ballots out of the box and Mr.
Sanborn strung them. They were counted,
straights by fives, and then the mixed or
scratched tickets were counted. He last saw
these ballots strung, lying on the end of the
table, and the box few feet away. He sug-
gested to Hill that the ballots should be put in
the bag. Hill thought they ought to
not see the tickets after that.
Smith had been in the room at the beginning of
the count, and left He returned as they were
closing Indeed, the count was over and the
ballots lay as he described when Smith opened
the door and fell into the room near to the
tables and Hill. The seal on the bag was made
before Smith came into the room the last time.
Witness thought Hill somewhat nervous when
he told him the tickets ought to go In the bag
Henry Wittenbrink, a cigar maker, at No. las
Virginia avenue. came to that place the morning
after the election. He had a small package,
and said he would like to leave it
there for short time. Wittenbrink
put it on shelf and afterwards
knocked it off accidentally. He found it to be
package of election tickets, straight and
scratched He did not examine them closely.
but thought they had been used in voting.
Smith took the bundle away about o'clock that
afternoon. saying, IF you only knew what is
in this paper" Philip Wolf and John Gallaher,
of the same shop supported Winterbrink's tes-
timony, and Mr. Kerr, the Democratic judge at
first precinct. Eighteenth-ward polls, said he
thought the ballots went into the sack. He did
not see Smith in the room at any time. He did
not know him until few days ago. when some
one pointed him out to witness. The court then
adjourned until o'clock to-day.