The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-20
Attorney McNutt Finds State Senator
Weir a Bad Man to CrOss-EXamine.
A Letter from Mr. Weir Is Produced in Which
He Urges the District Attorney to Press
the Scoundrels to the WALL"


Court, conferred around the testimony of Samuel
f. Perkins. No incident occurred to relieve the
rnonotony of his statement, except the spirit
edpess with which the defendants attorneys
went into the cross examination. They
tested every phase of the evidence saving that
of Perkins's admission that he changed the
Hisey and Matter taly-sheets AS to this wit
ness they pursued the course followed by the de-
tense in the former trial, and, them it will be
their purpose to convince the jury that con-
spiracy existed because Perkins himself, in his
own behalf, committed all the foreeries.
Mr.. Perkins, rehearsing his evidence given in
the trial last July, said that he went to the
wasting board about o'clock the morning it was
organized. Coy requested him to ask Allen Hi
sey. the inspector Of the witnesses prec met to
vote for Bernhamer for chairman of the board.
Knowing that Werbe had taken the election pa
pers Of the second precinct, Thirteenth ward,
and that Hisey did not have them, he requested
Franklin Landers to move that in such cases
the sealed bag be sent for, and directly after
Span said to witness. what is that done fort
How in the hell we to use the altered tally
sheets2" Mr.. Landers made the motion request
ed, as he said his papers were also not there.
Shortly after the noon hour the witness met
Coy in the hallway leading to the judges pri-
vate room, when Coy said to him that the
Democratic candidate behind, and asked If
the witness could get Hisey's papers. Perkins
said he would try it. Hisey handed him the
papers without a word and the witness return
ing to Coy. said he had them. He and Coy then
went to Room 50, east of the Circuit Court room,
where the board was in session. Coy unlocked
the door and both went in, when Coy said:
.sY our precinct will stand change of sixteen
votes each way" and asked him to make the
I'D
Witness told him he had no knife, but Coy gave
him one and he erased the tallies from Twins
vote and added soma to that of Ayers, with Coy
looking on. Before the witness completed the
erasures and additions Coy left the room and
turned in few minutes. The changes were
about completed when Stephen Mattler came
into the room. Either he Coy handed the
witness Matters election papers. He made
changes on the tally-sheet, which was that of
the third precinct of the Thirteenth ward. The
changes in this instance were twenty-five or
twenty-eight votes both ways. Coy wanted the
certificates for each of these tally sheets
changed. but he refused to do it. Matters pa
pers were returned to him. Witness did not
see Coy again until toward evening. when Coy
told him 10 send inspectors with their returns
down to the Grand Hotel He also asked him
TO procure acid. Witness next met
Coy in Room 8. Grand Hotel This
was after dark. Coy greeted him with,
al am ready for business" John
L. Reardon came il directly afterwards with
bottle OF ink. Witness on being summoned to
testify before United States Commissioners Van
Buren,, said he refused to give testimony and
was sent to Jail. Before this Coy had told him
tn testify that he took Hiseys tally sheet to see
= If any changes had been made in it while Werbe
had it. While Perkins was in Jail Matter came
to him and gave him bottle of whisky, but
he said nothing about the case. A few days be-
fore he refused to testify, Coy came to the Office
of the witness and told him to stand firm. After
leaving Room 80, where the changes on the tally
sheets were made, Perkins again saw Mattler at
the hall entrance leading to the circuit judges
private room He handed Hisey's papers to
Matter with the request to return them to that
inspector
The force of the cross examination was direct
ed to impeaching the value of this testimony by
seeking to show that the witness had not testi-
fed to all he knew before the county grand
jury For this purpose the agreement with the
prosecuting attorney, purporting to show what
Perkins consented to state on that occasion, was
introduced in evidence. The witness said that
his knowledge of the agreement being perfected
came through his attorney, Dir. Hord, whom he
told about changing the Hisey and Matter tally
sheets. AS to the latter. his attorney said moth
ing need be told the jury, as its original TALES
and figures had been restored. Witness
swered all the questions asked him by Captain
Ritter. the deputy prosecutor, whom before the
county grand jury, but previous to his refusal
20 testify before United States Commissioner
Van Buren,, he told his attorney all that had oc-
Cured in Room 50 and elsewhere concerning his
transaction with the conspiracy A meeting of
persons interested in protecting the defendants
questions for the grand jurors TO ask were pre-
pared. Witness was requested to see Hsey
and tell HIM to testify that he left his tally
sheet in the water-closet and returning for it
in a half hour afterwards found 1t where he had
laid it. He did ask Hisey at his house give
such testimony, but the inspector the next day.
nr DAYS aft N
Witness never changed any tally-sheets at his
office. On the morning of the canvass of the
votes after leaving the boards room he went to
his office. where a few minutes before noon the
Inspector of the second precinct of the Fourteenth
ward came to him, ACCOMPANIED by Tom O'Neil
and Dan Lemon. The poll book certificate had
not been filed out, which the inspector wanted
the witness to do. After writing in it two
three lines he stopped and said, 81 don't know
whether ought TO fill this out or not don't
think have anv right TO do So" He then de-
clined TO write any more O'Nei and Lemon
asked him if he conld not add a few tallies
This also. he refused to do.
The defendant inquired very closely into Mr.
Perkinss private business, even going into his
family connections. 1t led to some sharp allu-
sions on the part of the witness to his having
done all he could for the Democratic party and
the answers would spur Judge McNaAs to con-
tinued questioning concerning the Business
transactions of the witness He sought to re-
veal an unfriendly feeling on the part of Per-
kins towards Albert F. Ayres. the Democratic
candidate for criminal judge Witness admitted
that he did not feel kindly towards Ayres but 1t
was not account of his not having relieved
Perkins of liability the Van SLACK bond. He
never talked with Ayres while the latter sat as
criminal judge, at any other time, about that
bond Coy. who was a co-surety, went himself
30 Ayres and. returning to the witness in the
corridor OF the Courthouse said Ayres refused
TO do anything account of the manner in
which the trial involving the taly-sheet forgeries
was being conducted. Witness said Ayres once
brought suit. as attorney. for Foley against
him to recover $50. which the wit
ness paid but the unfricndliness he
had for Ayres grew out OF an occurrence in the
twentieth precinct os the Fifteenth ward,
when Ayres for Council. The witness said
he never took money from Republican managers,
and that he did not oppose Ayres's election as
criminal judge. He did not remember of any
cases In the Supreme Court while his father sat
on that bench in which he appeared TO have in
terests of appellee or appellants advanced and
judgment therein ued or He