The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-22

Answer-He turned to Bernhamer and stated that
the figures not he believed them to be and
asked that the other sheets and books from the clerks
Office below should be brought up and compared.
Bernhamer explained that by some previous ruling
| that impossible 1t is my recollection that Mr..
Schmidt after having conversation with parties
about him. asked If that ruling had not been waived
during the day. and Bernhame- replied it was
sary go into that; that they had but thing to do
and that go into the returns, they had them
before the board Mr. Schmidt then made the state
ment that his sheet had been out of his possession
during the day and he not satisfied with the count
il proceeded and would not sign the returns if
| corded as they were being read.
Odd you at any time during that day
night these defendants m consultation outside of that
| rooml
Al saw them in the hall and in the room back of
| the judges room. l them going and coming
| from the east end of the courtroom There a
room back there that some of them had access to- and
they kept going back and forth to it. 1t was some
thing than half way back the east end of the
| courthouse / do not remember that / saw them
| actually going in coming out of that room. l saw
them going e,st in the building and then disappear
| My recollection is that Mr.. Sahm, Coy Span and
| Sullivan among these There is only other
gentleman have any recollection of seeing go back
! there-that Mr.. Lemon. They appeared to be
holding confidential conversations. Two three of
| them would 20 off and talk together. At first
did not attach any great Importance to the room.
| supposed it a room to which they went for pr
vate consultation. The first noticed of these visits
was about IL o'clock at night Toward IL there
| were other gentlemen-Mr Huegele Mr. Monninger
and other saloon men. AS the crowd dispersed more
and more one could more readily see the private
/
| terested until the Counselman returns had been
made. After that didn't any of these pr
vate talks After that had been passed they seemed
to lose interest largely Mr.. Coy put his feet the
table and lighted cigar Immediately after that return
was made. Mr. Sahm laughed and seemed to be very
merry, while Mr.. Bernhamer appeared to take things
/ quite comfortably after that. did not Mr..
Span.
| Q.-How often did you see them coming and going
III the hall and to the private consultation-room be-
tween IL o'clock and the time these things ceased?
| A-Thst continued more or less all the time after
| IL o'clock. Perhaps there at one time nearly
hour of interruption, when didn't any of these
men in the
| Q.-About what time were the returns of Counsel
/ man precinct brought In!
| A.-After 2 O'clock probably nearly o'clock, on
| Friday morning.
Q.-During the controversy on the returns made by
Mr.. Counselman was he asked any questions?
AIR. Elan asked him questions in regard to. his
returns, and Mr. Span came up his other side,
his right and told him he did not have to any
| questions. l was then climbing Bernhamer's
knees to get at the talysheet to examine it. Counsel
man made an attempt to answer Mr. Elam's ques
tions, but was prevented by near him, and
heard Mr.. Span say distinctly he needn't any
questions. then went over to talk to Counseinan.
| A man named something like Bamberger that's not
exactly the name) and S. N Gold sitting beside
| him, and they did not want him to talk.
| Q-Have you had any conversation with any of the
| Al met Bernhamer, and condemned the whole
proceeding He said can't give his exact language,
but it to the effect there proof the tally
sheets had been changed. He said tho Republic ans
had been guilty of the thing
Gle didn't state the proof he had of that fact,
did hel
| A-No sir
| Mr. Duncan-When and where did this Bernhamer
conversation take plack?
Alt the afternoon of the day have been
speaking otFriday-at least it the afternoon be-
fore the meeting of the citizens at the courthouse
met him in front of Mr.. John S. Spanns real-estate
| Office on Market street, about or o'clock in the
| afternoon. In the consultations the night of the
canvass Mr. Coy was moving about more than Mr..
Span. We in the room back of the courtroom
the judges room--near the close OF the canvass,
when Coy came in. Span made the remark: II
your stock is advancing Coy said Yes. will get
1 there"
| Captain Rtter-They were bulling the market about
| that time
| James A. Mckenzie was the next witness.
| He testified to having had a conversation with
Mr.. Span soon after the adjournment Of the
| cauvassing board He said Span was his at
torney in an important suit He went to SPANS
Office and told Span that he had seen his name
mixed up with the fraud. Span said to witness
| that he lSpaan had never touched a tally sheet
| in any manner shape or form only at the clerks
Office, and with the returning board. Span
| said he was satisfied there had been skulldug-
| gerry, and asked witness if he knew DIR. Wagner
| and Mr. Irwin. Witness said he was a neghbor
of DR.. Wagners, and intimate with him. Span
| then said to witness he might say to the Doctor
| that he lSpaan would prosecute the parties free
| of charge who had been guilty of the skulldug-
| gerry Witness went to the Doctors Office and
| told him of Spans offer of his services gratis
| Wagner said he was very much obliged, that he
| had the offer of fifteen attorneys already, and
that Span was one OF the very men he was
after. Witnes went and told Span, who said
/ he was glad CT it, as he had been employed on
| the other side, where he would get fee.
| This closed the morning session. At the open
| ing of the court in the afternoon, James A Nc
| Kenzie asked to be permitted to take the stand
as he had forgotten one thing in his testimony
| in the forenoon.
| Captain Ritter-You may make any statement you
desire
| Witness-I asked Mr.. Spaan if he was one of the
| returning board supposed he lived in Irvlngton.
He said he not but employed by Sullivan,
King and some other person, think to that their
intere is all right, and that he there at the
returning board as attorney in their interest.
Alfred f. Potts was the next witness He
| testified that he lived in Woodruff Place, and
attended the meeting of the canvassng board.
| Question by Captain Rtter-Were you present
when any controversy arose as to the record tally
| sheet?
! by number. l remember the first controversy was
the precinct returnable by Mr. Schmidt. 1t was
late in the night. Mr.. Schmidt upon looking at the
sheet laid out before him. made objection that it
had been changed and erased and demanded that the
sheet in the bag in the hands of the clerk be brought
| up for comparison with the one before him.
Q.-What response did Bernhamer make to this de-
| mandl
| Ale refused. He said the matter had been
| Odd YOU see Coy Span and Others in confer
ence at any time in the hall outside the Circuit Court
| room, in any other room!
Al saw Coy Span and think Lemon in the hall,
and the door of several doors east of the
| Circuit Courtroom. Mr. Span had casual con-
versaton with in reference to changes the tally
! sheets think said something to him about it not
being necessary cut Mr.. Grifiths down any more,
and he said he glad of it. because it would not be
necessary to go to any further trouble. But think
that was intended entirely joke. [ saw Coy draw
Ayres the candidate for Judge into the extreme end
of the closet didn't hear what said. bat noticed
| Mr. Coy was in great good humor at the time.
walked along the corridor past that door of the room
| where they consulting, and made an effort,
simply by looking at the door, to if could
| what going
| Q-What did Counselman do say about his tally
| sheet or poll book2
| A-Mr Elan volunteered to interrogate him. Re
asked Counselman in whose possession the tally
had been. Spaau at Counselmans side and said
| TO him: you needn't answer; you don't have to
answer: keep your mouth shut" Counseman hesi-
tated and think all he said was that they had been
To tha Rarnhlicarn clark There imnaa-