The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-06
TRIAL OF CoYS ASSOCIATES
Spans Denials Lead Him Into Being
Closely Questioned by Judge Claypool.
The Testimony Is without Startling Incident,
but the Prosecution Brings from the state
Senate Records Some important Evidence.

Tho interest in the conspiracy eases 10 evil
IDENTIFY increasing some what, rs the attendance
yesterday was larger than ~ any time during
the trial The prosecution having practically
concluded its case on the previous evening IL
Was understood that the defense would begin on
the following morning by putting ors OF the de-
feudants on the stand This served 20 attract
oui.s an audience Of spectators When the
court wascalied to order. however. Hon Nor
gan II. wier. State Senator OF baPorte county
was put on the stand He was . witness for the
government, but had been unable 70 reach the
city the evening before. 90 the prosecu-
ton was allowed 20 introduce his
testimony at this point He said
he had been approached during the meeting
Of the last Senate by Sim Coy, who told him
that Counselmsn must Be retained ~ Door-keep-
er, 90 as to keep bis mouth shut Wier replied
that CounselmAn's silence was nothing to him.
When asked by the district attorney what, II
any, resolution was pending at the time on the
matter, Judge McNus objected, and said the
resolution was matter of record "you can't
show tho resolution continued MoNutt
Whats the use of beating around the bushl"
sAre you testifying in this easel asked Judge
Claypool
.swell. I'd like to have that resolution intro
duced. want to see you do IT, Judge McNutt
replied.
"we1l either do it. or show that II was taken
from the fle."
The district attorney, shereupop, asked leave
to read from the record of the last State Sen
ate. showing that protest against Counselmsns
retention because Of his connection with the
election frauds was offered there by the executive
committee Of the committee Of one hundred. Judge
McNutt objected to the introduction of this
evidences, but after some wranelinR Judge Woods
ordered that IL should De read and It was done
Mr.. Wier said that nothing was done with the
protest since . committee was never appointed
by the chair to see 70 it.
Henry N. Span was the first witness called
for the defense He testified quite fully on all
points In the main he stood well searching
cross examination by Judge Claypool. His tes-
timony. however, was somewhat weakened by
the cross-examination in regard to the wit
nesss knowledge of the Hisey papers. his story
not being told in very good manner at that
point. as was generally evident 10 the jury. He
was present at the meeting az the canvassing
board, having gone there as an attorney for
Sullivan, Brink and King, not being in
auy way connected with tho board
In recountine the history of the meeting Of
the board, be said Franklin Landers
offered motion to count from the sealed bags,
since he (Landersj had given his papers to Mr..
McMurry, the Republican judge and had no
papers at all to present to the board. Dir. Lam
ders said that Mr.. Myers, another inspector.
also had no papers about this time" said the
witness, Perkins came to me and said Allen
Hiseys papers were not in his possession, and
wanted to know what to do referred him to
Ian ho xUaa in ho 6x nd Nc al
ders made his motion in . few uomsnts- When
the first discrepancy was noticed, In the second
precinct of the First ward. where
the tally sheet showed i've less votes
made an argument in favor Of counting from
the tally sheets. since thought that was the
best evidence. had no law on the poiut to sus
tain my argument, but based IL on an analogy
book keeping, the day-book 10 always used AZ
being the original entry Witness denied hav-
ing said to Perkins, when the motion TO count
from the sealed bags was made, What in the
tered tally sheets Continuing. he said that he
was present whom the Hisey papers were called.
and made an argument against Mr. Elan. who
had demanded that the sealed bags be sent for
when fraud was discovered, maintaining that
the board had no right TO use the other papers;
that they not to used except In the courts.
aud that it WAS not the province OF any canvass
ing board TO inquire into frauds that its eertif-
cate was simply prima facie evidence Of election.
the courts with the sealed bags being the place
to test the legality Of any count Besides that.
he said the board bad made rule at the first TO
go by the ally-sheets. He disclaimed any knowl-
edge Of fraud; he never suspected thst any ille-
gal chaages had been made in the sheets until
the Hisey papers came up, when Capt Many
called bis attention 70 them. He (SpAAn) then
owledged that an illegal alteration had been
made in that case, as Il was plain that the ink
was not yet dry. BE Mad no direct connection
Il - H. - - &~Il
SHEETS ss any H. ws ss T present 81 when Ss A ".
Schmidt papers we're counted and remembered
that cries of fraud were made then. the crowd
shouting, Cincinnati" Chicago" Schmidt
sxcised over the matter Witness said that be
went to Schmidt and told him TO sit down. 40
there was Journal reporter standing near and
he would take down what was going on, but
Schmidt refused to do 80. Mr.. Christian, q
Democratic inspector. said 20 him. why don't
| you cit down AMI stop this fussi Il 10 doing no
good
He vas present whep Counselman's ward Was
counted. Sullivan csme to me. he continued.
"sery much alarmed. and wanted to know il
| the threat of the Republican inspectors that
they would not sign the certificates would In
any way imperil his election. - they were max
| ing such statements. met Coy and we went
| to Room SO for the purpose Of looking up the
| election Law that point i sat down at the
| tsble and read mp the Law while Coy was read
| ing the News at the table. We stayed there
some time" Coy and he. the witness said, met
| Mr. Dennis and Mr. Wilkins, Of
the Journal, out in the hall, and they
asked them what they were doing in that room.
| charging them with freud. He said he and Coy
| had no tally sheets IN Room So never made any
srasures, and did nothing beyond what he re-
counted. In regard to Couuselmans papers, he
| was present when they were counted, and Coun-
selmau was drunk. Counselmsn Was being
| questioned and charged with fraud by Me.
| Eiam. He told Counselman 70 20 and sit down
and not answer his questions, because he was
drunk. Mr.. Spaan denied all connection with
tsliy-she forcerles; eaid he never knew any.
thing about them
On cross-examinatiou, he said he never knew
anything of the Hisey tsoubls until be heard
Mr.. Elam making argument on 1t
'sYou were present - Mr. Sulliyan's sttor-
ney,S Judge Claypool said. land had been ali
evening, and were paying 90 little attention at
| this time ~ not to know when these papers we're
| calledp
Eyes. sir1
"You did not know what started Mr.. Elan to
| talking7D
.'No, sir. did not"
"You were not aware at that time that charges
| we're made that something Was wrong with
Hiseys tally-shsst, and that Nit. Elan was
| speaking on that point!r
"No&eir, was not I did not know that
change had been made IN favor Of Ayres when
nd x~.~ - "a