The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-10
ALL THE TESTIMONY GIVEN
Beginning Of the Argument in the Trial
of the Election Conspirators.
District Attorney Sellers in Long and Forci.
bic Speech Traverses Every Incident of
the Crime-0ther Court Matters


not see Perkins there then or at any other time.
Myers, Coy and others we're talking about who
should preside At the canvass of votes.
ii. n. Lee, member of the federal grand
jury, testified to Daniel Burton telling the jury
why he left Room SO when he saw Perkins and
Coy with tally-shsets there. Burton said, BE
.csuse I had no business there. It was no place
for me- The defense obiectine to this testi-
mony dispute arose among the attorneys 40
to who had asked Burton the question leading
to such an answer, the district attorney or the
foreman, Mr.. CONN.
at 10 merely . question as to who asked the
question said Judge Woods. LET Mr.. Bur
ton be sent Cor TO testify on this point"
In the midst Of confusion which followed
Judge Woods continued ''The distinction is
one of technical form, and NOT Of substance.
Mr.. Burton understood very well that the pur-
port Of the question was whether he did not say
before the grand jury that 1t was 10 place for
him No honest man would take advantage Of
UGH . distinction; mean no witness. am
not referring 10 lawyers."
1--WE desire tn take exceptions, not only to the
evidence, but to 10 that remark Of the courts
also" said Judge McNuts.
Every well, replied Judge Woods.
Mr.. Bernhsmsr was recalled In regard to the
purported statement he made to Dr. b. W.
Ridpsth on the way to Nav York. to the effect
that he must hurry home, as he was to preside
at the canvassing board. The witness again
denied making any such Statements. either to
the Doctor, to Mr.. Bodine. or to any one else
He became angry ut the mention of Bodine's
name, and said that man had been his enemy
for along time and had preferred many charges
against him.
DR.. Ridpath testified that when he and Bern
hamer were going to New York with division
OF the Uniform Rank tho latter did say he
must return homo soon, he was to be
the president OF the canvassipg board. He told
this to witness or to Bodine.
David w. Coffin, foreman Of the grand jury,
corroborated Mr. Lees testimony, and in regard
to Burton and Leon o. Bailey, assistant district
attorney, said Mr.. Sellers examined Burton
when the latter was before the Jury. Referring
to the notes which he took Of that examination
witnesses said Mr.. Burton told the jury he left
Room SO because il was no place for him. The
testimony closed with that Of A. j. Joyce. who
kept the count At the canvass Of votes He said
the change Of 6vsi votes lin Sullivans, in the
first precinct of the First ward, was made by
order Of the board merely as . correction.
In the afternoon District Attorney Sellers
opened the argument in a cool, matter of fact
way, and during the progress of his speech new
or attempted any flights Of oratory or inveetive.
With elsarness Of arrangement Of facts and
keenness in stating his conclusions, he passed
over all the details of the crime Nothing es-
capped him, and at the end of two hours had ana
lyzed every particle OF evidence. While there
was nothing in the speech with which the public
is not already familiar. it was in some respects
the best presentment he has yet made. There
could be no dispute about the law, he said, and
the facts show there was q conspiracy. More
than that, they showed that these defendants
were q party to it, There could be no other con-
clusion- well-known detective once said that
10 considering o case be always kept three things
In view. the crime. the relation of the accused
to is and the question Can explain the crime
is concernedl" In this case al. facts remain uu-
disputed 20 the effect that there was crime
committed There was . conspiracy and it is
not only expressly shown as existing between
Coy and Perkins, but the changed tally-sheets
come, the best of evidence, TO show alterations
in different writing and by different agencies
Every alteration was made for the same purpose.
He argued that these things proved concert of
action among several persons for no one man
no two men could psrpetrate forgeries IS these
had been done. He then referred to the first
steps in the crime Coy could not induce the
inspectors to change their tally.shests hence. il
was necessary to procure the papers. and this
was done through the inspectors knowing little
They were procured, and after that the forgeries
we're committed That was . crime against
the State. The procuring Of the pa
pers Was a crime against the gov
a letter-carrier, and should agree to waysy him
while he was distributing his mail. that would
be the conspiracy. If they should assault him.
and beat him half TO death, the assault and bat
terry would be q crime against the State. But,
by 90 d,ing they would delay the mails. which
would be crime against the federal govern
ment Thus two crimes were committed by the
same act But IL these two men should meet
the way another person, Who consented to
accompany them, and take part IL the ARRAY.
although he might not actually assist in the as
sault, be. too. would be guilty.
The district attorney then review ed all the de-
tails Of evidence, and referring to Oehlsr's pa
pers he said they were changed By Coy in the
morning, before the express agreement with
Perkins. but that change showed an intent
which brought about the agreement and the
conspiracy. Tho Hsey and Mattler papers,
which Perkins changed, came next, and then
that were altered By persons in the Grand
Hotel after the acid had been procured and
Reardon had brought the ink. when
Coy said he was ready for bust
nsss. He paid bis respects to Ayrss.
consented to occupy high Office on title that
came by crime. do you want the titles to
your farms" he said to the Jury, Ito defend
upon deeds that have been changed and forgedT
1t bad been arranged, he said. to have Joseph
f. Mcdonald TO preside at the canvassing
board. But do you think. he continued, 'if
honest. old Joe Mcdonald bad been chairman il
would have been necessary for Stubbs to warn
him against the effects Of his rulings as be
warned Bernhamerf
Passing to the object Of the conspiracy, he
said IL was necessary for Coy, who went on the
bonds of criminals and Sullivau too, another
man always ready to 60 on bonds to secure
votes to have q man a. criminal judge upon
whom they could rely. It was Coy's control
over criminals that gave him consideration from
some politicians He was tho boss of Grimm ais
whose party ties amounted to nothing. But
this gave Coy power that made certain men
afraid of him, more shame for them They are
afraid of him, not on account Of any ability he
has. but because of the influence he had over
certain class Of voters
The district attorney closed with an appeal
to the Jurors that upon their decision depended
the security to right every msn had. An in
hsrent right to have his vote counted az he cast
It. Before. the vote goes into the box" he
said, that's your business. but after it il there
IL must be kept as sacred as q mothers name
Tally -sheet forgers and Anarchists had the
same object-the destruction Of the govern
menk But the Anarchists were brave. They
met death for what they had done,
while these foreers snesked behind bolts
sud bars tocommit yheir crimes II foreeriss
like this ar1so remain unpunisned. It will not
be long before elections will not be question of
honest majorities, but of . sharp knife and
readiness in procuring returns 90 that with the
assistance Of the Bsrnhamers the rightly-elected