The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-28


| of the board on their side; that a majority
| of the board in all the precincts, excepting
very few. were in partisan association
| with Mr.. Coy, and he had only TO send out word
to them, BE careful not to deliver up, not TO
| consent tn 1t the Republican judge shall have
the tally-sheets, because If you do that in a ma
jority of cases they will get control of the
| wasting board" To do so would have been per
fectly legitimate. If the Carnahan circular was
| designed TO accomplish what has been asserted,
| it was political movement of shrewdness, and IL
| was perfectly legitimate that Mr. Coy should
meet it, as suggested, by instructing his judges
| and inspectors not to allow the papers to fall
into the hands of the judge of opposite politics
| and thereby put the eanvassing board into the
hands of the opposite party; but he had no right
| TO intercept these other papers. The intercept
| ton of those other papers was proper
Spouse TO the circular. However. 1t does not ap-
pear to me that what Mr.. Coy did
| about those papers cuts any very
| great figure in this case. not necessarily,
at least, 1t does not so appear If his objection
| honestly was In that way to meet this circular,
| and he had no intention to tamper with those
papers, if it was not part Of the conspiracy of
| mutatng papers. then, even though it was an
offense against the law, is only technical
one, and of very little significance OF course
| if, claimed by the prosecution, it part
| mutiating them, then this suggestion that it
was done TO meet the Carnahan circular is, of
| course, not true and would cut no figure. say
that the significance of Mr.. Coy's getting those
papers, sending his agents out to intercept
| those papers, and having them retained as in
| the hands of the inspectors is not of much sig
nifcance in this case, unless you are convinced
| from the evidence that it part OF the
| scheme to mutilate tally-sheets-that is to get
| unlawful possession of the tally sheets, with the
| view to the mutllations thereof as charged.
If the indictment charged that the conspiracy
| of the defendants was with the parties named
and other persons unknown, there might be tech
nical conspiracy made out against Mr.. Coy and
Mr. Eden with regard to those papers, but say
| it would be only technical unless it part
of this other scheme; but the Indictment does
not charge, as counsel have stated before you.
that this conspiracy was between the parties
named and Perkins, and with other persons I'M
known. 1t charges simply a conspiracy between
the parties named among themselves, and with
Perkins That is not broad enough to include
Mr.. Eden. and SO 1t cannot be claimed that even
the technical conspiracy Ia proven under the in
dctment as against Mr.. Coy, and the matter is
of little Importance unless. as l have already
said, it u part of the general scheme for get
ting possession OF tally-sheetS aud mutilstlng
them.
Now, then, proceeding with the canvassing
board think now have covered all collateral
questions that of any significance in the
case. and in the aspects in which they are sig
nifcant-these outside papers are deposited
with the inspector. Section Alb requires that
the sealed bag shall be returned as soon as pos
sible before on Thursday to the clerk. Now
what significance is there in this requirement in
respect to the conduct of the canvassug boardl
If these sealed bags were not in any to be
used before the canvasslug board, why such ex-
pcit requirement. that they be returned to the
clerk as soon as possible before or on Thursdayf
When the inspectors come In on Thursday in the
beginning of the day to enter upon their duty
as it is then possible to make return
the clerk of the sealed bags, that it necessarily
follows from literal compliance with this law
that the sealed bags will be in the hands of the
clerk before the session of the canvassing board
begins. Why 500 Why did the Legislature pro-
vide thatl l think it is evident. It would be
fairly suggested from that provision alone, but
when take that in connection with the
further provision in the statute it is clear to
mind. and l SO instruct you, that the Leeisla
ture meant that in a proper case, where there
any necessity for it, the sealed bags might
be referred to for the purpose of conducting the
opdn tn ha Fnfh nf he nIo
ton
BY Section AHA. 1.-THE clerk shall keep these
sealed bags with the ballots and papers therein
in the same condition as it was received by him
from the inspector in his Office unless opened
by said inspector in the presence of the board of
canvassers, herein provided) for the period of
six months"
The phrase. ''unless opened by said inspector
in the presence OF the board of canvassers as
herein provided" Is contained in the parenthe-
sis. That pareuthesis contains an explicit recoc-
milton of the right of the inspector to open his |
sealed bags in the presence of the board of can
But in the following sections AIS and |
4717, it is provided that the inspectors who |
bring these returns shall constitute board of
canvassers who shall canvass and estimate
whatE The certificates, pol-list ana tally papers
returned by each member of said board Then
section 4717 on the subject adds: ''Such
board, when organized, shall carefully compare
and examine the paners Entrusted to it. and ag-
gregate and tabulate from them the vote of the
county a statement of which shall be drawn up
by the clerk" ETC., as you saw 1T here in the
tabulated canvass sheets Now the law that gov
the board of canvassers in respect to the
turns to which they shall look in order TO reach the
result is contained IN those provisions. They
shall not the tally sheets, but they shall
canvass first the cer,ifcates-thats the first thing
in order mentioned-the certificate poll list and |
tally papers, and from them-not from one but |
from them the vote of the county shall be aggrs-
gated and tabulated That the law by |
which that board was bound to act. 1t had no |
right to adopt any rules inconsistent with that.
Any rule thereof adopted that they would look |
to the tally sheet alone in clear violation of
the explicit letter of the law under which they |
were acting There is parliamentary rule |
that could authorize departure from that law. |
Any who undertook to act as chairman of |
the board of canvassers was bound reasonably |
to look, and it night fairly be presumed that he |
did look. into that law and know those
visions. Inspectors ought to have done it, but. |
of course, there are great many men of little \
experience in board of INSPECTORS, and it is I
more than likely that many of them had not |
done anything of the kind Now, of course the
board must ultimately. in each case where there
is discrepancy between the poll book
aud the certificate and tally sheet determine
which it will go by. but 1t has right
to say beforehand that it will not inquire which
is the more authentic and truthful. They must /
compare them. The board when passing upon
the first precinct where the tally sheet gave Mr..
Sullivan 12l votes and the certificate gave him
1876 had a perfect right, after looking at the
certificate and at the poll book, to say which it
would adopt in that particular instance. If
examinat they satisfied that the tally |
sheet was the more authentic and reliable paper
in that particular instance. and contained
evidence of mutilaton or additions and was the
original paper made out and on which the
certificate was based they had a perfect right to
decide they did decide In the first instance
that they would go by the tally Sheet but
they had not right to adopt a rule,
and 1 do not understand the evidence
although. of course. 1 leave that as a question
of fact for you-that they did at that time adopt
a general rule that they would always 60 by the
tally-sheet. My impression of the evidence is
that that was adopted when the Hlsey papers
came under conside ration. But, however that
may be they. had right at any time to adopt
a rule that they would always take the tally
sheet against the certificate without regard
to the signs of authenticity and truthfuness of
the compared with the other The tally
sheet in the First ward where Mr.. Sullivan suf-
fered losslof five votes by following thettally-
sheet instead of the certificate. is without any
sign of mutation in that respect at all; TO sug-
gestion is there of any fraud and nobody can