The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-21
The Question Raised as to Commissioner Van
Buren's Power Plainly and Promptly
Answered by tie Court.
The Commissioner Can Compel Any Wit
ness to Go on the Stand and Testify.
Albert Sahm'S Remarkably Defective Memo
~ When Called Upon to Tell What lie
Knows About the Election Frauds.


He Recollects Nothing of What Occurred
During tlie Ibfamous Recount
The fact that Commissioner Van Buren, was
to rule upon the refusal of Samuel E. Perkins
to testify in the election conspiracy case at
tracted an audience of about fifty persons yes.
terday morning. Mr.. Perkins was in the court
room for several minutes before the Commits
soner took his chair and betrayed extreme nerv.
BUSINESS. When his counsel, Major Calkins,
Abram W. Hendricks Oscar B. Hord. Charles
W. Smith and John Duncan, were all in, tho
Commissioner took his seat
Mr. Duncan said he desired the record to show
ttst at no stage in the proceedings had the at
torneys for the defendant waived any of their
rights or acknowledged the jurisdiction of tha
court.
Mr. Perkins still refuses to testify as witnessi ~
Major Calkins-He does, your Honor.
The Commissioner-Of course understand that
this is trial and that am merely ministerial
officer. have decided to certify this refusal of Mr..
Perkins to testify to Judge Woods and have prepared
in formal way the certificate. which Twill now read
The Commissioner then read the certificate,
which recited the fact of the exami nation and
that Mr.. Perkins had been duly subpanaed ia
appear; that he did appear, but refused to tssti
fly, and, therefore, the Commissioners asked fos
an order from the court compelling the witness
to appear and testify, or abide by the conse-
quenoes of his refusal.
The certificate was given to the marshal, with
instructions to deliver it to Judge Woods. The
attorneys then went down to the Judges room
Major Calkins said the question of jurisdiction
WAS an important one. and asked the Judge to
set time for all parties interested to argue it,
Whe n asked by the Judge what questions were
to be raised, Major Calkins replied there were
two-first, the jurisdiction of the court to act
upon the facts set forth in the certificate, aud.
second, the jurisdiction of the Commissioner and
the court to act upon the questions involved 10
the pending proceedings.
Judge Woods said he could not see why the
matter could not be taken up that afternoon "a
everybody ready.
Mr. Hord suggested that the same question OF
jurisdiction would come up tomorrow TODAY
in the Orange county cases. Judge w ood sail
the cases were not analogous, bribery being the
charge in the Orange county cases-a very diff
ferent offense from tampering withs election re-
turns. The Judge then fixed the time for hear
ing at o'clock.
Immediately after this the examination before
Commissioner Van Buren, was resumed Albert
Sahm, county commissioner, was called to the
stand. lir. Sahm thus far is the most remarka-
BILE witness that has been called before the Com
missioner. His memory. If 1t could be extracted
and exhibited under microscope or preserved
in dilute, very dilute alcohol, would be vaiu.
able pathological curio.
Question by Captain Ritter-Do you know andrew
Oehler?
Answer-Yes, sir
Estate whether you saw him on the canvassina
board.
Any impression Is did, am not positive
Q.-Do You remember where you saw him at ths
meeting of that boards
A.-No, do not
Q.-Didn't you have a conversation with him that
morning in the Circuit Court room at the place the
board met about his being sick and unable to
as inspectors
A.-No, sir; think not.
Q.-Don't you remember his saying he would have
to leave his tally and pobook there as he could
not stays
A.-No. sir, don't remember.
Q.-Don't you renber his laying a talIyshe and
duplicate pobook before you and Coy and saying hs
would have to leave them there!
A.-No. sir.
Q.-Did you ever have them in your possession1
A.-No Sir
Odd you ever see thernl
Al did not.
Mr. Sahm and his inert memory then descend,
ed from the witness stand. and the court Ad-
journed until this morning. pending Judge
Woods's decision in the Perkins case