The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-02
AGAIN BEFORE THE JUDGE
The Jury for the Third Trial ofthe Elec-
ton ConspiratOrs Obtained.
Several OF the yenire Challenged for Cause
The Twelve Men Who Compose the Panel
Matters from Other Courts.

Matters from Other Courts.
The trial Of the remainder of those charged
with conspiracy in procuring election officers to
omit to do their duty, out Of which grew the
other crime Of tally sheet forgery concerning the
election Of 1886. began, yesterday afternoon.
shortly after 2 o'clock, before Judge Woods.
Yesterday morning, however. plea In abatement
was filed by Judge MsNutt in which il was
charged that d. W. Coffin. foreman of the grand
jury, had contributed money to tho committee
Of one hundred for the purpose Of prosecuting
ths defendants. II was further charged that
Coffin had formed and expressed an opinion in
the matter. and by reason Of these two facts the
defendants counsel maintained he was disqual-
fed from being fair and impartial juror. Dis
triet Attorney Sellers moved to strike out the
plea, and the motion Was argued at length on
the part Of the government by the district sttor-
ney and Judge Clsypool, and for the defense by
Judge MeNuts and John ". Buskirk- Judge
Woods sustained the motion Of the district at
torney. He ihouRht that there was no proof
showing that Mr.. Coffin had giFen money to the
committee Of one hundred. as charged by the
defense. nor in his opinion did the fact that
Coffin had formed an opinion in the matter, or
had knowledge concerning the case against the
defendants. debar him from acting az a grand
juror. The defense excepted to tho ruling of
the court
Judge McNutt gave notice 40 soon as 1.-The
court had ruled in the plea 10 abatement that be
would file on behalf Of the defendants pleas in
bar for each Of the defendants. This was done
In sfso - -
that the foreman Of the jury at the first trial
misrsprssentsd to Judge Woods. and he to at
torneys for defendants. that there was no chance
for an agreement Of the jury. it being claimed
that the jurors were divided on party lines
and party prejudicss as not to be able to return
verdict Upon this understanding the at
torneys for the defense. so the plea states con-
scented to discharge OF the jury. 1t is now
asserted that an agreement for acquittal was pos
sibls and therefore ask the court to stay further
proceedings on that account, and because the
defendants had once been in jeopardy. tits
evident that every step of ground will be stub
borniy contested by the defense. The tactics OF
the attorneys show that all the technecalities
and delays of the law will be resorted to- as
heretofore, in order to wear out tie prosecution
If possible.
In the afternoon there were not over half
dozen spectators present in the courtroom be-
sides those who had been summoned to serve as
jurors and those directly interested in the case
All the defendants except Sullivan and Budd,
were present with their attorneys when the mar.
shall raped for order and the preliminary work
Of the trial began. Sullivan and Budd appeared
In a short time. and the whole six. Span, Sulli-
van, Reardon, Budd. Metcalf, and Counselman,
took their places immediately in front of the
court with their counsel, and the work Of select
ing jury was commenced. The prosecution is
conducted by District Attorney Sellers, assisted
by Judge Clsypoo, who received yesterday
morning his special commission and formal re-
appointment as assistant district attorney.
Judge McNutt. John w. Kern. John w. Bus
kirk, of Bloomington. and NJ. Montgomery, of
Lansing Mich, brotherinlaw to Dr.. Metcaif,
will represent the defense
AS the court had been called
to order, John w. Kern arose and said: MAY
ii please the court, my client Span, desires =
separate trial for himself. He was allowed IL at
last trial, and take 1t that there is no objection
now"
Judge Woods The former order which
granted Mr.. Span a separate trial is still in
force. have heard objections from the
District Attorney to its continuance; this being
the case, the court will order again that the
case against Mr. Span be given q separate
hearing. believe all the defendants have not
entered pleas to the indietment-Mr. Counsel
man and Mr.. Budd have not, as I remember.
Judge McNutt-They all enter a plea of not
guilty your Honor-Mr Counseman and Mr.
Budd. as well ss any others that may not be
here.
When Mr. Spaan had been granted separate
trial be arose and left the room. The FIRST jury
man questioned was Lorenzo D. Secham, of
Fillmore. He was excused on account Of Der.
emptory challenge by the defense. Martin Nc
Culloch, OF New Albany. and E. d. Irwin. of
Goshen, we're also persmptorily challenged by
1,Aex Na%k nf ola
knowing nothing Of the case.
tanned. William Welborne, of Princeton, had
read the evidence in the previous trials
in the Journal and had formed an opinion. He
was challenged by the defense for cause and ex-
cused. Matthias johnson. Of Huntington. was
challenged peremptorily by John w. Kern.
although he had heard nothing whatever OF the
case. Joseph Yates. of Derby, Perry county,
had read the indianapolis weekly papers and
followed the former cases through to such an
extent that defense concluded that he knew too
much about the present case already and he was
challenged by Judge McNutt for cause Thomas
c. Burgess, of Columbus Was q reader OF the
Journal and the News during former trials and
had formed an opinion. hence he was rejected
by defense. E. B. Curtis, of Charlottesville,
had read reports OF the evidence In the former
trials. but thought he could try the present case
fairly. After some elaboration by the counsel
for defense he was rejected also. Nathan Smith,
of Monroe county, knowing comparatively moth
ing OF the case was retained. William Olney,
OF ScOLt, l<agrduRo county, tdiu ne uhu rcdu
nothing of the case and knew nothing of it but
he was excused account Of psremptory
challenge by Judge McNutt John S. Merritt.
of Lagrange. knew all the evidence in
former trials and had bis mind
made up about the present defendants.
He was excused for cause. Samuel Alkire. or
Sullivan. was suffering from illness and asked to
be excused. When questioned as to the natureof
his ailment, he said that he had been exposed to
the mumps about ten days ago. and had some
thing of fever now. he thought therefore he
must be taking the mumos- This created q lit
tie stir in the audience and Judge Wood said:
Have you not had the mumpsl Did You not
have them when you were youugl Gentlemen,
/ think you had better excuse him, for l do not
want him to have the mumps hero, and do not
care about having them myself l have only
had them once-I might take them again"
MIR. Alkirs was given plenty Of space in which
TO get out or the room, and after some little de-
lay the examin alton went on. William McMakin,
of Crawfordsville, the next juror. was excused
also on account of sickness. ". II. Aiken. of
Hope had read the reports Of the former trial in
the Journal aLd News.
Have you read the editorials in those pa
persf asked Judge McNutt
Eyes, sir; both she evidence and editorial COM
ments on 1t"
You tAve formed an opinion, theni'
Eyes. sir