The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-22
The Defense Begins Its Evidence with
Bernhamer's Story About Himself.
9e Told the Inspectors the Republicans We're
Going Out by Fraud-COy's Superstitious
Fears as to the Second MINERAL.

If old facts yesterday morning and prom
sed fruitfuness of incidents in the cross-ex-
animation Of defendants witnesses. Before
this came about, though. the government intro
duced something of a surprise in the form of a
shorthand record of Bernhamer's rulings pend
ing the excitement at one period of the canvass
Of the votes It substantiated the statements OF
all the witnesses who had testified to his crowd
ing down all protests and motions that would
effect any change whatever in the methods
adopted by him ir ruling out the extremely
small minority in the Board. Additional inter
est TO the mornings proceedings of the
trial was found in Bernhamers testimony In
his direct statements he was allowed by the de-
PENDANTS attorneys to go to much a broader
limit than on the former trial. This gave the
governments attorneys an opportunity to make
the cross-examination more thorough, and when
court adjourned the witness had already been
subjected to q series of questions which caused
him little embarrassment. Captain Ritter
came into court with thespromised list Of MEM
bers of the committee of one hundred, which
Judge McNutt to whom he rendered it, re-
ceived in Indifferent manner, remarking.
1--WE will see whether want TO use it or not"
Judge C!aypool said if it was to be introduced
in evidence, the government would recall the
Captain. The district attorney then examined
John w. Bowlus, who said he visited the can
wasting board in the evening, and saw there
John E. Sullivan, George w. Budd Joel A.
Baker, inspector OF the sixth precinct, Center
township, and Dan Lemon. Baker and Sullivan
were in close conversation in the judges private
room. The events of the evening led him to OBJ
serve their movements, and after awhile, when
Baker, with a roll of papers as if it were tally
sheet left the room, he saw him join Lemon at
the foot of the stairs in the lower corridor. The
two left the building and went west on Wash
ineton street Witness followed them as far as
the saloon now owned by Stephen Mattler.
They were on the south side, while he kept to
the north. AT the door of Drinks cigar store
witness Budd and DR.. Metcalf. Baker and
Lemon went into the saloon. Budd asked wit
ness. two or three weeks after he was i'm
plicated in this case, to remember that he had
seen him with DR.. Metcalf the night the votes
were canvassed Budd told him that he might
want his testimony some time
The prosecution and defense agreed to the
fact that. pending investigation as to the
forgeries, Judge Irwin filed complaint in contest
against Albert F. Ayres. In connection with
this contest recount of the ballots was made
before Judge Howe, and it was found that Irwin
had a certain majority over Ayres, who there
upon vacated the position of Criminal Judge,
and Irwin being commissioned as such Judge on
the result Of the recount, took that position and
holds it still. The prosecution then introduced
Harold Taylor, short hand reporter, to estab-
Iish from report he made what occurred when
the forged tally-sheet of the first precinct
of the Twenty-third ward was before the
Board Witness was there at the re.
whatever discussion in re ference to the canvass
he might desire. The reporters transcription
was offered in evidence and during it's reading
the defense evnced an increased interest, mani
Testing, by the doubling sneers Of some and the
frowns of others, that the account of Bernham-
er's peremptory orders and arbitrary rulings
now before them in a clear and decisive
manner. District Attorney Sellers on finishing
his reading quietly threw the paper on to the
table of defendants attorneys, when Judge Nc
Mutt picked IL up and, without looking at it.
savagely tossed it onto the table at which Judge
Claypool sat. The facts detailed in the record
were:
Mr.. Schmidt when his tally paper read)-I
made in it. left this report III other
persons hands and there erasures here and
am not satisfied with it. want to see the other
: The Chairman [Bernhamer continuing the call of
the vote: Rowland has 1875 votes
Mr. Morrison (nspector) Il think. gentlemen,
when the inspector makes a statement of this kind
ought to send Tor the bag and open it and look
Mr.. Sehmdt-Ths is made out by the Republican
clerk and It may be all right but want to
1t with the other returns There are some erasures
here
The Chsir-was it out of your possession at any
time!
Mr.. Morrison-I move that we send for the bag,
fled with the clerk that contains the other returns,
after Mr. Schmidt has made this statement.
The Chair-The board decided before supper that
should canvass the returns they here before
Mr.. Morrison-I do not think these gentlemen are
going to sit here and allow thing of that kind to go
On. when of the character of Mr.. Schmidt says
he not satisfied with it. and that there are erasures
made in il.
The Chair-This board cannot inquire whether it is
out of or in his possession.
Mr.. Morrison-He says he is not satisfied with it,
and there are erasures made there
- Inc Chair continuing the call OF the vote)-Mr.
Mr.. Morrison-I would like to ask Mr.. Schmidt in
whose hands these returns have been.
), The Chsir-This board cannot inquire into any
, MIR. Morrison-Here is inspector that says that
these returns have been out of his hands and
TO MAKE comparison with the other returns: saws
that changes have been made in it, that won't do at
all.
The Chair-That may all be. but the law saws that
we must canvass the as they are before us.
and we have no power to hear evidence touching any
Mr.. Morrison--I think you mistaken about that,
and want TO utter my protest.
Mr.. McLaip-You established a rule this morning
that the papers had been of the hands of the in
Spector at time, you would send for the bag and
Landers.
The Chair-In the case of Mr.. Landers, he had no
papers
Mr. NcLean-In the of Mr.. Meyers he had the
papers. but you sent for the bag.
Mr.. McHugh (inspector)-We adopted q rule when
began take the tally that is before here and
we have right to go into the report IN the clerks
ofice. [Applause and Kisses.
The Chair-This kissing and cheering has got to be
stopped. This is in possession of the board of
and order will be enforced Any gentle
nan belonging to the board has a right to talk
Mr. Morrison-I understand this
The Chair-There is question before the house.
Mr.. Morrison-I am here now, and am member
ot the board. and have right to spesk and pro-
pose to do it; and / want to say to you this
The Chair-There is nothing before the house.
Mr. Morrison-I am talking about the returns.
The Chair-There can be motion excepting the
Ealing OF these returns.
Mr.: Morrison-I want to get my motion before the
board that send for these returns the request
u Mr. Schmidt, member of the Board of Aldermen
md q DemocrAt-and Democrat who knows that
mig has been changed-votes taken from the
Republicans and given to the Democratic candidate.
Noice-He did not say anything of the kind.
Mr. Morrison-Well. that is il; il is right there.
n hair-You have evidence of that kind here
, Mr Morrison-Mr. Many, does not that tally sheet
how-