The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-15

THE FRAUD CASES,


The decision of Commissioner Van Buren,
in the Coy Bernhainer-S Span -Counselman case
is unquestionably sound in law as it is sound
in morals. He holds the sections of the
ceedings are had to be constitutional, which.
for the purposes of this case, is not material,
inasmuch as Judge Woods, in his charge to the
grand jury, had assumed their validity. But,
upon the point of jurisdiction, Mr.. Van Buren,
holds that it is not essential to jurisdiction by
a federal tribunal that the crime should
actually change the result of an election for
Congressman, but that it should have tend
ency to do so; and, inasmuch as the erasures
made upon the tally sheets on which there
were tallies for congressional candidates, ac-
tually destroyed the sheet as valid evidence,
the crime did involve the result of
an election for Congressman, and,
therefore, the forgery is within the
province of the federal authority. We do not
believe there can be any escape from this con-
clusion. 1t is clear both in law and in NOR
ais The scoundrels who committed the
crime upon the tally sheets merely to elect
their creature to the bench Of the Criminal
Court, thinking that they were thereby only
subjecting themselves to the jurisdiction of
the man for whom they were stealing Judge
ship, find that they have at the same time
tempered with and destroyed tally-sheet
al election, and the destruction of which
involves, to greater or less degree, the cleo
ton of a member of Congress. It is sound
morals that this view of the law should be
taken and upheld, and, as we say, we
doubt not its entire judicial sound
ness as we'll When the Commissioner
had given his decision the defendants
then attempted to evade the production of the
evidence by offering to waive examination,
and giving bond for appearance at court This
the Commissioner declined, as til Q statute to
take testimony seems to be mandatory.
obtained, it has been for obvious reasons, and
where the prosecution has not been DESTROYS
to make public the nature and extent Of its
testimony. With this second adverse ruling
of the Commissioner the taking of evidence
began, the tally-sheets from Counselman's
precinct being introduced and two of the
election officers heard. On cross examination
the defense developed disposition to show
that the alterations had been made by some
wicked Republican for the dannable purpose
of entrapping the sanity Coy, Bernhamer,
Spaan & Co. This being the case, it is diff
cult to see why the defense should have so
strenuously sought to prevent the taking of
the testimony.
OF course weknow little or nothing of what
evidence the government has against these
men; but whatever it is, there is every reason
for its being made public, and for its being
reduced to permanent official history Let
the public know what reasons there are for be-
lieving these men guilty of the conspiracy to
commit the Infamous crime that somebody
has committed. If there is nothing in it. if
the testimony shall show that this proceeding
is persecution and not prosecution as the
Sentinel says it is, then it will be manifestly
better for the implicated men that that fact
shall be made as patent as the MONDAY sun to
the community, of which they are members.
If, on the contrary, the evidence shall give
fair, reasonable ground for moral belief that
these men were part and parcel of con-
spiracy for the commission of this crime,
though they may not have been the
actual doors of the felonious act, that
should be made known, that the brand of
public indignation be put upon them, as we'll
as that they be subjected to the judicial pro-
cesses that will properly and condignly pun
ish SO fragrant an outrage against the suffrage,
upon the equality and fairness of which alone
can the government have sure foundation
No honest, innocent man can object to the
proceedings; the outcry against them must of
necessity be for the suppression Of the evil
dence Of crime, and for the protection Of Grim
inals, whoever they may be.
.n<~-s<sx~-s<sssn<~.x-<zzzs
RAILROADS THAT NEED DIsCIPLINING.
If the published statement is true that GER