The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-04

do the scoundrels of the party an inestiinable
service in keeping them a little while longer
from the penitentiary. 1t is understood that no
vote on formal indictments was taken at any
time The decision, the belief goes was made
on the proposition that the jury had nothing
more to do. the Democrats (nine of them, TAX
ing the affirmative. and the Republicans (eight
voted to remain for further consideration of the
testimony and the indictment of the parties
upon whom" said one Of the jurors. II can
place my hands" When this absurd ending
accomplished purely through party influence
from the outside, was reached, a communication.
signed by three OF the jurors, was sent to Judge
Woods.
Yesterday, after Foreman Ochiltree had stated.
without submitting anything in the shape of
formal report, that the jury had no business De-
fore it and wanted to be discharged, Judge
Woods said: 1T is impossible for me to dis
charge you with the words of commentator
which have had occasion to bestow on previous
grand juries IN parting with them While can
not presume to know anything that has passed IN
the grand-jury room. there are some facts which
are notorious, and there are others which have
been brought to my attention by communica-
ton signed by three members OF the grand jury
In this communication it is represented that GER
tain members Of the grand jury have gone ont
side of the jury-room and hunted up evidence for
the purpose of discrediting the witnesses for the
government. The names of these members are
not given, but, If they were made known
TO the court and the facts Of their
duty to punish them for contempt of its au-
thority and jurisdiction. Such conduct is highly
reprehensible and deserves punishment The
attention of the grand jury was specially called
to the election frauds in Marion county. If the
courts had not passed upon the application OF the
federal statutes to cases of this sort, and the
jurisdiction of the federal courts in them, there
might have been some question concerning these
matters Possibly it may be a debatable ques-
ton even yet, but the court adopted the con-
struction which has been given these statutes by
other United States courts, which have held
them applicable to such cases and sustained their
jurisdiction in them, and instructed the grand
jury accordingly. It was the duty of the
grand jury to accept the construction of
the law adopted by the court, and the court
is not advised that its construction of it has
been questioned There has been widespread
interest in the investigation of the Marion
county election frauds. Public interest has GEN.
tered upon these crimes more than upon any
others that have come before the grand jury. Ii
is undisputed that the crimes have been com
mitted. Your examination of the tally-sheets
showed that But this examination you did not
make until days had been spent in taking the
testimony of witnesses. This, it seems to
me. was beginning at the wrong end. 1t would
have been the natural and proper course of men
charged with the investigation first to have as
certaned that crime had been committed and
its nature, and then to bring before them the
men who had and were responsible for the
tody of the poll-books and tally sheets from
the time they were made out at the polls
until they were delivered to the board of
canvassers. There is old tradition that
when murderer Is brought into contact with
his dead victim the corpse will bleed. OF course.
it is senseless' superstition But it is true that
men who have committed crimes are apt to re-
veal their guilt by emotions that are uncontrolla
bic when confronted with the evidence of it; and.
as 1t seems to me- the plain course for you was
to have had before you the mutilated poll books
and tally -sheets, and to have examined the wit
in a wit
nesses as had access to the papers during the
time when the offense was committed. OF
course. have not full knowledge on the subject,
but by all the indications and upon statements
of members of the jury, the effort in respect to
these charges eeems to have been how not to do
it, and, if you were not able to fasten the re-
sponsibty for the possession and for the spoa
tion Of the tally-sheets during that time, it is
very singular, as it seems to But for the
result of your inquiry, you alone are RESPONSE
BILE. My criticisms have reference only to the
mode in which you have prosecuted the work"
With this reminder that they had not fulfilled
their duty the jurors made haste to draw their
per diem and leave the government building.
None of them would submit to reportorial ques-
tioning, and within an hour or two the majority
of them were on the way to their several homes.
D. W. TomlinsoD, member of the jury. was
seen by Journal representative at his home in
Logansport last evening. He refused to be in
terviewed, further than to say that there was no
doubt in the mind of any member Of the jury
that crime had been committed by fraudulently
tampering with the poll books and tally-sheets
which were not placed in the sealed bags, by the
erasure. addition and changing of tallies, figures
and words in five precincts in Indianapolis. and
that these changes were made after they were
computed by the proper election officers. and be-
fore they were canvassed by the board Of
vassers. Mr. Tomtnson states that the
scorchng rebuke administered by Judge Woods
to the jury for not returning indictments against
the perpetrators of this fraud was well merited
80 4IA p1aw v10 a. holt
in protecting criminals, matter of what creed
or party, is amply shown by this expression by
one of the leading members of the citizens
committee:
'This one fact stares us In the face, that there
were gross and outrageous frauds IN counting
the vote OF this county. The jury cannot deny
this Somebody committed these frauds, and
there was sufficient evidence brought out to in
dicate who the guilty parties were. 1t is equally
evident that Mr.. Bernhamer, for instance, as
chairman of the canvassing board, knew exactly
what tally sheets to have brought out to sub
stantiate the returns they were announced
and what tally-sheets were to be kept
concealed for fear they would show that
these things, he must have had a guilty
knowledge of the preparation of the
frauds His is only asingle case, and others equally
as binding could be cited. Three more federal
grand iuries meet before the statute of linta-
tons runs against the alleged offenses. Then
we can institute criminal proceedings, afida-
Wits, before a United States Commissioner and
get at the criminals in that way. A third
course is the State courts, which have ample ju
risdiction Something will be done. you can de-
pend upon that. Look at the whole proceedings
in this matter. For myself, when the cases first
came up. l never had the slightest idea that
Judge Turpie would take charge of them in his
official capacity, as district attorney but that he
would delegate it to some one else. have
known Judge Turpie too long and well
to believe that he would act in any other
way than that in which he has acted. These
election frauds were the worst cases, in all
probability, that will ever come under his official
care, and yet he has let a deputy, and one with
out experience in such matters attend to them
He pleaded press of other business, and vet
while these frauds were being investigated he,
in the private capacity as an attorney has been
engaged in the trial of lawsuit in which the
government has no interest and has figured as