The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-03
TELLING THE OLD STORY
Counsel in the Trial of the ConspiratOrs
Show What They Want to Prove.
Mr.. Sellers Makes an Admirable Statement
for the Government, While Judge McNutt
Says His Clients Are Prosecuted.

entered and directed the court to be called to
order yesterday morning there was nobody in
attendance at all. except the jurymen. attorneys
and reporters None Of the defendants, even.
were there. and IL was not until District Attor-
ney Sellers had completed the reading of the in
dictment to the jury that any of them came in.
When this hsd been done. DR.. Mstealf, who
takes probably more interest in the proceedings
than any Of the defendants. Counselman and
Reardon entered aud took seats near their coun-
sci. Before the court had been in session long
Samuel e. Perkins appeared and G hose back
seat He did not remain for any length Of time.
however. but soon went out. As the case pro-
crossed. the room began to fill up. and by the
middle Of the morning it was pretty well
crowded, all the ssats being taken, while several
persons were standing around against the walls.
Sullivan and Budd did not pat IN
an appearance during the whole forenoon.
When the court was called to order. the district
attorney made the opening statement for the
government 1t was . calm, dispassionate re-
ctal of the case as proved in the Coy trials, and
was told with clearness and effect He began
by citing the law which governs In the cases
and calling especial attention to statutory Pro-
visions in regard to conspiracy. with which the
prisoners are charged. He called attention to
the fact that the prosecution was not for chang
ing tally sheets 10 the interest Of any candidate,
but for conspiracy 10 urge. advise and induce
certain officers Of elections not to do their duty.
The whole case, a. developed at the Coy trials.
was then deliberately and forciby related. All
the points were clearly and logically stated and
the jury listened to the whole story with great
interest He dwelt especially upon the duties
of election officers and the penalties attached to
any violation of the law by them. Taking up
the history Of the former trials he began with the
development of the cases against the defendants
in the board Of canvasssrs. He showed how
that had been organized in the interest Of
fraud, how chairman Bernhsmer arbitrarily re-
fused to hear all protests against the unjust and
illegal action that was going on in the
board, how it was decided to make the
canvass from the outside papers, 90 that the
work of erasing and changing could be more
effective in tho result He told why Coy had
sent out Eden and others to order Ger tain in
they could not be used when disputes might
arise over the changed tally-shsets. The action
of Henry ~ Span. one Of the defendants and
an attorney before the election board for John
L. Sullivan, when the proposition was made by
Mr. Landers, Democratic inspector. to count
from the sealed bags was also referred to- Mr..
Spans rsmark, What in the hell are you doing
that fort We can't use the changed tally sheets"
was told the jury, and all the circumstances
OF the case given in a plain. STRAIGHTFORWARD
manner He related how Coy had gone to Perkins
81 ..s1 - T. I-ls
and wanted to know If he couldn't help him;
how Perkins agreed to do II; how he and Coy
went to Room SO 10 the courthouse and changed
various papers; how Matter got scared End
changed his back again, making it necessary for
Coy again TO go to Perkins and ask that more
changes be made The part that Metcalf took
In the conspiracy was also stated; that the de-
PENDANT aud Perkins went TO Metcalf's
office to secure acid for changing
certain papers, and how they went to Coy's
room at the Grand HOTEL where Coy was seen
aud where more papers were again changed.
He told how the Schmidt papers were given
into Badds hands at the suggestion Of Sullivan
and their condition when returned to the can
vassing board after they had had numerous
changes made on them with acids; how Budd
said to Schmidt he must say that the papers had
not been out of his [Schmidt's possession. He
showed how Counsemans papers were mutt
lated, and told what Mstcalf asked Perkins say
ing: Have you heard from the Fourth wardl'
in saying: "wsll. when she comes she will
be dandy"
Mr.. Sellers. in summarizing at the close OF
his address, said that seven sets of papers had
been changed, all Of which changes the inspect
ors swear they did not do. He left the Jury to
draw the conclusion from the evidence that
would be offered as to who did this work. The
object Of the conspiracy, he said, was to get
control of the Criminal Court in the interest of
criminals and opposars OF law and order. 1t
ruo ~ <~k .f~ ~ -
TO render corrupt one of the most important
courts In the State. and organize it in the inter
est OF scoundrels and criminala It was q con-
spiracy. too. to undermine popular government.
upon which no penalty could be laid too severe.
Judge McNutt. in opening for the defense.
asked what crime has been committeed7 What
crime were these defendants charged With He
thought the jury TO be an Intelligent one, but be
would venture 20 say that il cannot tell the
charge against the defendants, though the dis
trict attorney spoke an hour and FIVE minutes.
He then addressed the jury at some length on
what. he insisted, was the true charge against
the accused, viz: That OF conspring to induce
certain election officers not to do their duty.
He maintained that the charge that the tally
sheets were forged for the purpose of eecting
certain officers In Marion county was wholly ir-
relevant. not touching the case in hand. and in
sisted in tho outset that the jury put all that
aside as being mere chat with which the dis
trict attorney had surrounded the wheat" II
tuo uoicuudu u oQtereQ l0JO u conspiracy 10 pro-
cure certain inspectors to fail to discharge GER
tain duty prescribed by law they were guilty
and ought to be punished, but II this is NOT
clearly shown case can be made against them.
He deprecated the tally sheet forgery a. dis
grace 70 civilization and regretted IL a. much
as anybody but as . crime is was against the
State and not against the United StateA Re-
viewing the testimony at preceding trials and
alleging that il proved but one conspiracy. that
OF Samuel E Perkins and Eli Rstter ITO de-
capiiate the Democratic central committee" he
claimed that Perkins was professional bonds
man for criminals, and in all his con necton
with tally sheet forgsries was doing what be did
for pscuniary considerations only; that he had
agreed to testify to certain things and certain
things only. and that his purpose was to con-
Wet Simeon Coy. the chairman of the Demo-
cratic central committee. He denied that Coy
had any criminal intent In stopping the election
returns from coming in and said be did so to
guard against fraud by the Republicans. He
insisted that General Carnahan's circular was
the cause Of Coy's action. He had no moro
over and pointing TO juror Monical, from Brook
lyn, ''than he had OF going down into your
county lMorgaul to commit . fraud" In con-
clusion he charged the main witness for the
prosecution, Perkins, with being man stepped
in cupidity.' and asserted that the whole
prosecution was . persecution
At the conclusion Of his remarks, Judge
Woods cautioned the jurors against reading the
daily papers during the trial. or ct least such
parts pertained to the trial, and the court ad-
iourned for dinner.
The afternoon was mostly used in establishing
the fact of changes and erasures in tho tally
the wards whore she returns had been mu,ilated
were mt the stand And tAafified thu