The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-16
THE TALLY-SHEET FRAUDS.
Evidence Regarding the Circumstances
Under Which the Work Was Done.
The Significant Testimony of Election In
spector Hisey-The Defendants Again Ask
Permission to Waive Examination.

Coy, Span and Counselman for conspiracy to
commit frauds at the recent election was re-
sumed before United States Commissioner Van
| Buren, yesterday morning. In behalf of the de-
| PENDANTS, Attorney Duncan again stated that it
was the desire of his clients to waive preliminary
examination. He regarded the decision on
this point on Tuesday as contrary to the
usages of court, and in support of his position
cited Moores Criminal Law, and the case of
! Hawkins The State, in the Twenty-fourth
Indiana Report. He had understood that the
object of the preliminary examination was
| merely to get record of the testimony, but this,
he said, already existed, having been taken be-
| fore the grand jury by a stenographer.
The assistant district attorney replied that the
object of the examination. was to determine
whether not the accused persons should be
placed under bond. and to determine whether or
not other persons may have been guilty of COM
| plicity in the preparation of frauds.
| Commissioner Van Buren, said that he believed
| the authority cited by Mr.. Duncan-Moore's
Criminal Law-referred merely to the time when
| the defendants might be called upon to testify
that they might waive their personal examna-
tons and need not testify unless they desired to
do so. He adhered to his ruling of Tuesday.
The examination was resumed, and Arthur
| W. Dawson, clerk of the election board in the
second precinct of the Fourth ward, was called
| as witness. He testified that he kept one of the
| tally sheets, and the other was kept by Mr. Bel
Ter. the other clerk. The count was closed about
| 10 o'clock Wednesday morning. and the tally
| sheet and poll book that he kept were put in
| bag, and it into the ballot boox This box was
taken by Mr.. Counselman 70 his residence, the
| witness accompanying him. The duplicate
poll book and tally-sheet were sealed up in an
| other bag and given to Mr.. Davis. The witness
did not know personally of any changes that had
been made in the tally sheets after the close of
| the count, and he had never seen them since
| On the day of the official canvass he met Mr..
| Counselman and said to him. Johnnie we are |
! getting in disgrace, it seems, over the vote in |
our ward" He also found that Belzer's tally |
sheet had been taken to the canvassing board in
| stead of his own, and Mr.. Counseman said it |
| had been thrown out account of many |
erasures. In cross-examination the witness said |
| that the other tallysheet was made by Mr.. Bel |
Ter, assisted by Sam Herald, colored man, and |
Christ. McGregor.
| The election papers of the second precinct of |
| the Thirteenth ward. produced. upon the |
| request of Captain Ritter, and Allen Hisey, in |
spector of that precinct was called t. the stand.
! He testified that the duplicate tay-sheet and |
| poll-book were taken by Mr. Werbe, the judge, |
after the other papers had been sealed in bag. |
l.
| Werbe on Wednesday morning about 10 o'clock. |
| He asked by Captain Ritter what he did |
with the papers after that He replied that he
gave them to the chairman of the
ternoon. Mr.. Duncan objected to any
| questions regarding what the witness
| did with the papers while they in his pos |
session, unless he gave them to some of the de- |
| PENDANTS In making this objection he raised |
the point that conspiracy must first be proven |
before the defendants could be implicated by |
testimony regarding any other persons who may |
or may not have had anything to do with them. |
The Commissioner ruled that the question was |
proper, and ordered the examination to proceed. |
Captain Ritter-You may state what you did with
the poll book and taysheet if anything, after they
into your possession from Mr.. Werbe until you
handed them in TO the board.
Mr.. Hisey-They out of my hands short |
time
Question-How longG
Answer-About twenty minutes think.
Q.-Who did you give them too
AIR. Samuel E. Perkins He asked me to look |
at the sheet he wanted see if it was all right
without thinking, let him have it.
Q.-Where did this take placel
AIN small room just east of the courtroom |
where the vote was being canvassed; the first door
east think: No one was present but
Q-Dd Mr.. Perkins go out of that room!
Ayes. sir he stepped out into another |
into the hall, and gone about twenty minutes,
VIXEN he came back and gave them to me.
Q-Were there any changes made on the taly-sheet |
while you had tl
A-None; I did not even open it myself
The taly-sheet was shown the witness, but he |
said that he could not tell whether the vote had
been changed or not and be did not know how it |
happened that there was discrepancy between |
the two tally-sheets. On cross examinaton the |
witness said that Mr. Werbe had taken the poll !
books and tally-sheets without his consent, but |
before he had time to assert his rights Mr.. |
Werbe had left the room with the papers. He |
kept them from Tuesday night until Thursday |
morning.
The next witness called was Mr.. Henry |
Werbe, the Republican judge in the second pre- |
| cinct Of the Thirteenth ward He testified that |
| the vote was counted and Tailed in the usual |
way. and that the sheets correspondent in every |
particular except one, and that was not material.
| He took ll-book and lly-sheet home and |
the next morning put them in his Office safe, un-
| til, on Thursday morning, he took them to the |
canvassing board and gave them to Mr.. Hisey. |
No changes had been made on the tally-sheet or |
| poll-book up to that time. The tally-sheet and |
poll-book in the sealed bag were shown him. and
| after examining them he said that the vote for
criminal judge on them had not been changed
since the count was made. He then examined |
| the duplicate papers. which before |
the canvassing board, and testified |
that they had been changed. Thirteen
TALES had been added to the vote for Ayres |
and sixteen had been erased from the vote for
| irwin No changes had been made in the poll
book. On the papers that were in the bag the
votes were correctly recorded, but on the tally
sheet that went before the board the votes for
criminal judge were incorrect The witness
| docs not know how the changes came to be
made. On cross examination he said that he
| thought he had perfect right to the election
| papers, and that Mr.. Hisey did not demand
them from him. He showed them to nobody
| while in his possession.
| Calvin Holowell, clerk of the election board
| of the second precinct of the Thirteenth ward,
testified that the tally sheet placed in the sealed
bag was correct, but on the one that went to the
canvassine board the vote for Ayres had been
| increased from 1872 TO IT'S and sixteen TALES
had been erased from the vote for Irwin. G. D.
Hail the other clerk, testified that at the close
of the count the two tally-sheets correspondent,
1 and that he had not them since. John
Sanders, one of the judges corroborated the evil
dence given by the other witnesses, after which,
at the request of Mr.. Duncan, the examination