The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-11-14
CHARGE TO THE GRAND JURY
Judge Woods Calls Attention to Election
laws and the 0ffenses They Cover.
The Regular Business of Jurors Will Be First
Considered and Then They Will Take Up
Cases of Bribery and intimidation.

Yesterday afternoon the United States grand
jurors for this district received their instrue-
tons from Judge Woods, who gave particular
attention 10 offspses connected with the recent
election. The roll OF the jury being called. the
following answered: William Wallace, Wabash;
Frank Nation. New Lisbon; j. G. HeAston.
Huntington; VIM. A. Morgan, Brooklyn; Amos
S. Hart, Martinsville; John Lsudenschlaesr,
Lancaster; John V. Straughn, Lincolnville;
Hiram Kerlin. Delphi; Levi Noftzger, North
Manchester; Thomas Bartlett, Edwardsport; L.
B. Clendsnnine. Chill; Samuel W. Ream, Peru;
Dennis B. Coonrod, Lovely Dale; James NJ john
son. Judson; Martin Fisher, New Washington;
Ishsm Sedgwiek, Richmond: Charles Il. Leon
ard, Plymouth; George W. Newland, Farrabee;
Il. Clay Thurman, New Albany; VIM L. Leon
ard, Argos. Alfred Guthrie, OF Tunnelton, and
VIM. Vanosdoll. or Charlottesville, who had
been drawn. were excused.
Judge Woods then, after o brief preface,
began bis charge to the jury. in the course Of
which he said: There are special laws BEARING
upon elections. We have just passed through
an election Of the nature which they affect In
respect to the election of Congressman, there
are enactments to which i wish 70 especially
call your attention. The objec. of these fed
erai statutes Is to protect the election OF Con-
gresham, but as all our elections for the vsri-
Gus oficee In the State. as we'll as national, are
he'd ct one time. the statutes affecting one office
generally apply TO another. Immediately after
the ordinary business OF the court, you will
proceed to investigate such charges as may be
brought to your attention on these
special laws The Judge then read
Section SOIL, of the United States Re-
vised Statutes, which provides that any person
who votes, not having legal right to do so. or
prevents or intimidates any ols having legal
right from voting, or who interteres with an
election oflcer in the discharge OF his duty. or
who aids, counsels or procures the bribing of
any psrson officer at such election. or any
officer guilty of like ofenses. shall be fined not
to exceed $1,000, or imprisoned not to exceed
three years
''Some OF the offepses. you see," the Judge
continued, may be committed by non official
person. and others by officer of the election.
Considerable question has been raised since this
last election as 20 whether an ATTEMPT to bride q
voter constitutes an offense. | instruct you
that II does not, under this statute. The latter
clause of the section does make il an offense to
bribe a voter, and also makes an offense to
counsel, aid or assist In bribipg q voter, or in
committing any other offenss named in the Sec
ton, but an unsuccessful attempt to bride q
voter Is not an ofense, under this statute. The
last clause Of the section contains the word at
tempt but, in order to understand the value OF
the word as there used, IL Is necessary. as
INTERPRET the clause, to insert or supply the
word to before the word attempt. So that the
clause will read 10 this uee, aids, counsels pro-
cures or advises any such voter. person or off,
Ger to do any, etc., to omit to do any duty,
ETC., or to attempt to- do SO; and, so read, the
clause makes it an ofense to advise an
other to attempt to commit any or the
offenses named in this section. So that,
it is q crime to advise any one to make il.
Ii 4 attempts to bride b, that Is 90 ofense
under this statute; but IL A advises b to at
tempt to bribe c, then the one giving this advice
IL an offender, and there is some wisdom In that
provision"
The Judge then read Section 5515, relating to
the neglect Of his lawful duties by an officer Of
election aud his responsibility for all offenses
resultant therefrom. This section" he said,
'in its provisions, has reference TO the conduct Of
inally responsible for any violation or neglect OF
duty. The duties of these officers are clearly
defined in the statute laws, while the penalty
is fixed by this section Of the federal
law" The judge then turned to
sixth clause of the sscond section, to the effect
that person engaged in the service has a
right to influence the course OF politics. He
next read Section D. IN respect to hinderiug or
aiding applicants in their examination. II will
now" said the Judge, Tread you Sections ii. II,
49, IA and ID Of this law, to which would more
especially direct your attention. These sections
have reference to the making OF assessments up
on government employees aud collecting re-
ceivlng money oy orlcers Tor political or cam
paign purposes; for which penalty is fixed Of
not more than So, 900 fine. nor more than three
years imprisonment, or both. think, gentle
men, that these laws cover all the cases
have heard charged against any body, that
are likely to be CHARGED against anybody. and
commend you TO investigate all such cases thor
ouehly. and to do your duty conscientiousiy and
fearlessy"
The jury. after E. B. Clendenning took the
oath as it's foreman, retired and began the in
yestigation of the cases District Attorney Sellers
had ready to bring before IL at that time.