The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-17
McNutt Appears for the Prisoners and the
Justices Question Him in Manner Indi-
eating Disagreement with His Views.
The Rascally Fraud Through Which a
COlored Man Is Kept Out OF Congress.
Belief That Democrats Will Resort to Any
Means That May Be Necessary to Prevent
Another Vote on the Direct-Tax Bill.
CoY-RERNHAMER.
The Application for Writ of Habeas Corr
pus-Argument of Judge nIcNutt.

The Application for a Writ OF HabeaB Cor
pus-Argoment of Judge McNutt.
Special 60 the TndianaDolis journal
WASHINGTON. April l6 Il the Supreme
Court, at 2 o'clock this afternoon, Judge Nc
Mutt got the floor and began argument for the
prisoners in the Coy-Bsrnhsmer tally-sheet
forgery habeas corpus case. Senator Voorhees,
x-Representative John T. Lamb, Judge Nicol,
and other friends of the prisoners sat within the
bar. while Attorney general Garland aud United
States DIS riet Attorney Sellers appeared for
the government in opposition to the application
for writ of habeas corpus All of the eight
Associate Justices were on the bench, Jus,ics
Miller acting as Chief-justice. Judge McNutt
spoke for two hours, the first half of which time
was occupied in a review OF the case. the laws
of the State. and kindred matters. Special
stress was placed upon the claim
that there was no law. either federai
State, which provided punishment foE
officers parting with election returns. aud that
there was no law which fixed penalty for
altering tally-sheets out of the custody of the
election officers. It was held by Judge McNutt
that the Suprems Court had decided that, Il
chanees we're made in election returns which
did not affect candidate Tor federal Office, the
federal courts would have jurisdiction, and
that 1T had not been charged that the return Of
votes for Congressman disturbed by the
alterations. AT this Justices Miller and Harlan
interposed number Of very important inquiries,
showing that they did not subscribe 10 the as
sertions Of counsel
IF the Indictment charged no offense," SAID
Justice Miller. your position would be correct
that this court should decide No to the imprison-
ment of the prisoners"
Mr.. McNutt contended that this case was, all
orsid red tad that's risnA
charged in the Indictment against the United
States. yet the prisoners were held by the federal
court below. He believed the lower court had
confounded federal laws with State laws, and ita
mind was confused to the relation of one pro-
vision of the Revised Statutes OF the United
States with others. There was dispute he
said, to what the Indictment really did charge
Justice Grsy-What do You understand tha
indictment to charge or meant
Mr.. McNutt--I cannot satisfactorily answer
you.
Justice Gray-Perhaps ought to have asked
the other side.
There was laughter from the small audience
present and Mr.. McNutt rsjoined: '.well.
have done so, and have not q satisfactory
answer"
"Do you mean to say" inquired Justice Mill.
err ''that it is not crime for election officers to
fail to keep sacredIy in their possession papers
returns intrusted to them7"
eff the Indictment does not so aver the pris-
oners cannot be held to that charge said Mr..
McNutt.
Justice Miller pointed out the law to the con.
trary, showing that 1t was an interference with
officers in the performance of their sworn duty.
Mr.. McNutt argued that the indictment did NOT
name the crime, but Justice KILLER Instantly
held that description. was better than the name
OF 8 crime, thus strengthening the Indictment
''lf crime" said the Justice. 'is IL not such
if called by any other than defined name2 II
crime. if not under the statutes of the
United States. then under those of the State,
TO carry those papers out of the custody of the
officers to whom they were by law ntrusted.
The crime is sufficiently described in the in
dctment il not named
Mr.. McNutt declared that Congress had sane
toned State laws modus operandi of conduct
ing elections and making returns only 70 the ex-
tant that they defined the duties of officers Of
elections, and held that only officers OF elections
could, under federal laws. he held for crime.
Questions propounded by the Justices indi-
Gated that this ground not regarded by
them as wholly tenable. Mr.. McNutt's argu-
ment was probably strong a. it could be
made from his standpoint. but there s little
doubt as TO the impression it made Tomorrow
Senator Voorhees, will speak for the prisoners,
aud will be followed by the Attorney-gener
and District Attorney Sellers