The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-05
Proceedings Instituted in the Federal Court
Against Bernhamer. Showing His Con-
nectiOn with the Infamous Work.
Public Indignation the Disgraceful
Partlsanship Of the Grand Jury.
Albert Ayres Goes Into Court with Sworn
Declaration that There We're No Frauds
Committed to Secure His Election.

While the Democrats Immediately concerned
In the tally sheet forgeres, either through Grim
snal connection with them or desire to shield
the perpetrators, reioiced in the failure of the
grand jury to return indictments, it appears
that they took account of hereafter. The
committee of citizens wisely concealed its pur-
pose until the time came for action and yester-
day afternoon steps were taken that will result
in the publication of the entire evidence taken
before the jury. 1t will establish the infamous
partisan action of that body, and bring the sus-
psOted forgers nearer to Justice. 1t was
designed by the committee to pro-
cure the arrest of the persons
charged with the crime of filing atfidavits before
United States Commissioner, but in the mean
time pursue other courses looking to the Same
3nd-the punishment of the guilty parties One
Of the latter at late hour last evening, was
begun by the fling in the Office of the United
States clerk a petition in disbarment against
W. F. A. Berhamer. Captain Ritter, the legal
advisor Of the committee Of citizens drafted the
paper, and Dr. Theodore A. Wagner, coroner
elect made affidavit to the truth of its contents.
After setting forth that bernhamer had for
United States courts in this district, and that at
the general election on the I'd of No
vember last. held according to the
laws OF the State of Indiana and acts of ICON
gress of the United States, ne served as inspect
or Of one of the election precincts in Indianapo-
lis, the petition comes to the canyassing boards
actions 1t recites that Bernhamer, OF the 4th
OF November 1856, met with the other inspect
ors to canvass the vote of sold election, and that
he was elected chairman of the board. The
allegation is then made that Bernhamer did on
this day and at other times between tine I'd of
November and the Alb, as stated, enter into
conspiracy with Simeon Coy, Henry N Span
and John H. Councilman. and other parties to
1he complainant unknown, to commit an offense
against the law of the United States
concerning the holding Of elections by causing
and procuring the returns tally-sheets and poll
books in the hands of the various inspectors and
board Of canvassers ITO be falsely and fraudu-
lently altered, forged, mutilated, counterfeted
and changed, for the purpose and with the in
tent to cheat defraud and deprive certain par
ties who had been duly elected to office at such
election of said Offices, and to give to certain
other persons who had been candidates, and
who had been defeated for election to said
Offices
AS an instance of this fraud, the afiant states
that he was elected to the Office of coroner, but
the fraudulent acts of the conspirators named
gave the election to his opponent, Frank A
Morrison. who had been voted for and defeated
The dspriving of VIM. T. Irwin Of the criminal
judgeship is also recited The acts Of the con-
Spicators in changing and causing to be changed
the tally sheets and poll books from which the
returns were canvassed of the second precinct of
the Fourth, second of the Thirteenth, second Of
the Seventeenth. second of the Eighteenth, and
frst of the Twenty-thrd wards, are then set
forth. Upon these alterations and for
geries it 10 charged that Bern
hamer permitted the declaration of the board
Of canvassers that Morrison and Ayres were
elected when he knew their maiorities were
procured through the frauds enumerated. The
petition closes with the prayer that Bernhamer
Is unworthy to have his name upon the rolls. or
to be permitted to practice as an attorney in
the court, and the court is asked to investigate
the facts and upon ascertaning the truth of the
allegations, TO disbar and dlsmlss him as an at
torney of the court
Accompanying the petition was copy to be
served Bernhamer Inc effect of this pro-
ceeding will be to let the public know what
strong evidence the partisan grand jury, in the
interest of Democrats, disregarded. The aft
dayits following in line Of criminal prosecution
designed against the parties named will be filed
Monday and it is expected that in this form of
proceeding Maj. Charles L. Holsten will be
called in to assist. Should the accused persons
waive examination it is likely an effort will be
made to have Judge Woods summon another
grand jury.
One of the jurors said yesterday that no in
dictmeutS were returned because 1.-THE evidence
was not presented in such shape so drawn out
as to justify the finding of bills" Judge Turpe.
in answering the criticism on his course, claims
that the greatest attention was paid to the Ma
ZION county cases. and that the order OF the tes-
fimony and the way and manner in which evil
dence was to he laid before the jury was strictly
followed as dictated and requested by the coun-
sci and members of the citizens committee.
The briefs furnished by Captain Ritter and
others in behalf of the committee, were read
and studied by him and his assistant, and the
particular questions and special inquiries indi-
Gated by the numerous briefs and oral instruc-
Aions of Captain Ritter with respect to the room
"a the courthouse, place, time and persons, and
other details were fully asked of the witnesses
and answered He further says that one even
ing he and his assistant considered each days
testimony and that indictments were drawn up
to meet any possible findings, but these bills
were ignored, and the whole investigation ended
without the finding of any accusation against
any one. II was not engaged In any civil bus
iness in which the government was not inter-
9sted,n he says. until after preliminary vote
aAd been taken on the main question. was al
ways within call, and was frequently called
during the whole time of the Investigation,
and gave my personal care and supervision
to it MY assistant was personally present 10
the grand jury -roo--s, according 10 tue usage OF
the Office in all cases; he asked the questions
carefully, not generally but specially. according
to the line of inquiry furnished him In writing
and orally by the counsel of the citizens com
mittee and these questions were direct, search
ing put in every possible form, with Others to
get at the bottom, and so often repeated that
members OF the grand jury even made com
piaint about what they thought was unnecessary
range and repetition Of questions by the assist
mt. In addition to this. questions were asked
by all the iurymen at pleasure without restric-
ton or interruption, one of whom was a gentle
mam Of the highest intelligence, of the strictest
integrity and as competent to make such an ex-
animation as most lawyers"
Evidence is accommodating that the iury's pro.
seedlings of each day we're carried kindly to Dem
jcratic politicians, for in the general run Of
There escape that show the suspected parties to
have been well informed as to the character of
evidence procured.