The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-28

and then was discovered the fact of change
n Matters papers But returning this agrees
ment was an agreement between the State and
Perkins. This court afterwards consented-of
course. the minute of it you do not know. and
1t would he perhaps improper to state them, If
knew all the mlnutB myself Or course know
some OF them / know of the assent of the
court to the arrangement 1t was permitted
that Perkins should come into this
court as giving testimony in
behalf of the governments. but that
agreement was made with the State or prosecut-
ing attorney in person and also represented by
Captain Ritter as deputy on the one side and by
an eminent and well-known firm of lawyers, rep
resenting Mr.. Perkins and signing for him
the other. That agreement recites that the
State coutemplates instituting proceedings
against Coy and others, and finally there is made
a statement of what Perkins is willing swear
to. and in consideration that he will swear
TO that the State agrees to gives him mmunity.
Aud Captain Ritter has explain ed
81 you the motive which actuated
him as representing the State, and You
know what it is. So fer as Captain Ritter is
concerned. its only bearing here is upon his
credibility when he testified that the first knowl
edge that Matters papers had been
mutlated was obtained in the second 1nves tiga
ton before the federal grand jury, and what he
Said with regard to the handling of the papers
ard their custody ] say to You that that is
such agreement the State had a right to
make. and the propriety of il was for the prose-
cutor and those acting with him to determine.
1t is not subject for to investigate; that is
not the issue we nave under TRIAL at all. 1t may
or may not be such an agreement as /, person
ally would be inclined to make but, SO far as
recollect its terms it does not purport to contain
a statement of all that Perkins knew If
thought at the time that Perkins knew more.
But it is stipulated there that Perkins will testify
60 much, not saying whether that is all he
knows not; and in consideration of his testi-
flying that much the State agrees to give him
immunity. And Captain Ritter has explained to
you why he did that and how far he ought TO be
Ceusnrad for that I leave consideration
without further remark.
So far as the collateral matters are con-
cerned in this case believe all the points Gov
cred that l care to allude to- There are some
matters moro directly pertinent to the subject
under investigation, about which there are legal
propositions and upon which will inform you
The defendants have introduced array of
witnesses in respect to their character. might
more properly and more logically have alluded
to this in connection with the subjects of pre-
sumption of innocence and reasonable doubt.
One accused of crime, if he can avail himself Of
proof Of good character has right to do ir.
And such proof according to its character and
according to all the circumstances IN the case. is
to be weighed by the jury and given such bear
ing and effect they think it entitled to-
l said to you that every man is presumed
to be innocent until proven to be guilty; if good
character is established-good reputation,
l mean. Reputation is what mon are supposed
by their neighbors to be. and character is what
they 1t is in the sense of reputation that we
speak of3it, and IL happen to use the word char
acter you will understand me as meaning repu-
tation. II one accused of crime is able TO prove
good reputation, that adds strength to the pre-
sumption of innocence. How much it shall add
depends the character of the proof. The
jury have the opportunity generally to see the
party whose character is spoken about, learning
about him by observation and by his presenta-
ton before them they hear the evidence, and the
exact character of the evidence ITSELF whether
it comes from that fair minded
and of good Judgment upon the subject,
whether it comes from partsans or close friends
who would be likely to favor the party in whose
behalf they testify. The jury will look into all
these questions and determine whether the
mans character is entitled to weight il making
up their minds about the fact ultimately to be
determined of guilt or innocence. Good char
acter does strengthen a presumption of inuo-
cence, and, therefore, If well established and
such strength fs added to the presumption of
innocence, it takes CORES pondingy more evil
dence to establish guilt and overthrow the pre-
sumption of innocence thus siren gthened. What
weight should be given to the evidence of char
acter in this case l leave to you. But you
understand that men of good character have no
right that account to commit crime. If
crime ia satisfactorily and fully proven in the
face of good character after giving it proper con-
sideration, the verdict should be accordingly.
Men of good reputation have no license to com
NIT crime. no more than If they had been with
out good reputation to begin with.
A good deal of discussion has arisen in the
case in respect to the law governing the can
wasting board 1 will no1 proceed to say what
have to say that subject
By Section 4712 of the Revision of 1881 it is
provided that, when the votes shall be count
ed-in each precinct this means, of course-the
board of Judges shall make out certificate
der their hands stating the number of votes
each person has received and designating the Of
fee, which number shall be written 10 words.
and such certificate. together with one of the
lists of vouchers and one of the tally papers
shall be deposited with the inspector or with
one of the judges selected by the board of
judges"
That leads me to refer to another matter that
has come into the case, collaterally, but under
such circumstances as perhaps | should say
something about it. That is the Carnahan cir
cuar. | know its contents only as 1 recollect
the reading of 1t here. 1t contains soma kind OF
instruction or suggestion that where the inspec-
tor is of party and of course entitled TO take
the sealed bag with him, that the outside paper
should be given TO the judge of the opposite pol
itics Now do not remember the reading of
ton to the Republican judges to take that paper
and carry it away against the will OF the board,
it was a miSdrection entirely, and was wrong;
it was not consistent with the law. But the law
does provide that those outside papers shall be
deposited with the inspector and by him re-
turned to the canvassing board or if
not with the inspector with, one of the
judges selected by the board of judges.
If this circular meant simply to bring
ab ont selection by the board of judge OF op-
poste politics to the inspector to take the pa
pers, there was nothing wrong in it. How it is
worded in that respect, or whether 1t was in
tended, even though skifully worded, to ac-
compsh the other purpose, will be questions
of fact, if that is the evidence upon which the
Indictment found here against Mr. Carnahan is
based. If the Indictment is based upon the cir
cular alone it will be for the Court, when that
case comes up, to interpret the circular accord
ing to its terms but if the circular is skillfully
devised to seem to be IN harmony with the law,
but intended to be used unawfully, and was
manipulated as to operate unlawfu.ly. it may be
that the effect of the transaction will be very
different from the Interpretation of its terms
But that is a question not now up, ana the mat
ter has only this bearing here. This indict-
ment charges, among other things alleged to have
been done in pursuance of the conspiracy,
that Coy sent Eden and another person, whose
name has not been revealed, 1 believe in the
evidence, TO intercept inspectors with the sealed
bags, and prevent their returning them to the
board, at least Wednesday. The charge
against Mr.. Coy is that he went this far; that he
intercepted or designed to intercept the inspec-
tors returning their bags, and to have the bags
brought to his rooms. Mr.. Coy denies the latter
part of the statement. and, of course. if the
question becomes material you will settle the
question of fact upon yorr consideration of the
evidence; but MIR. Coy denies the proposition
that he was intending To have thesa hags