The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-26

tons about with wholesome laws so that it is
who has not been legally authorized to hold
them. In this case IL was not shown that any
inspector election officer changed his own
papers. No other conclusion than that the de-
fendents did commit the crime be reached.
In reviewing the evidence he said, MI Coy on
the day after the election sent his messenger.
Eden, to intercept the inspectors Here was
the first step towards the violation of the law,
and that act Of itself violated the election laws
of the State and the United States. whe her
harm resulted from il or not. The day the can
vassing board met, and before il organized, IL
appears that the question arose not among the
inspectors, but among outside politicians. as 10
who should preside at that meeting. Here IS
another fact Those outsiders had no right to
discuss t. Coy. Smith Myers and Sam Perkins
were there. They decided that Bernhamer, an
other of the defendants. should be the chairman,
and he elected without material opposition,
there being only four votes against him out OF
eighty-eight members of the board Bernhaner
made speech for which there was no occasion.
1t the cry of stop thief TO cover up what he
knew coming.
1t was claimed by Mr. Span. another defend
ant, but trial. that he was at the meeting
attorney for King. Sullivan and BRINK.
When the question arose on the tally-sheet OF
the first precinct. First ward, Span said he ad-
vised that the tally-sheet should be their guide
There reason for this. for had 1t been
followed the count at least hve
more tally-sbeets would have defeated Sullivan,
the man whom he was to protect. 1t seems that
afterwards the five votes Sullivan lost in this
precinct by taking the tally sheet figures were
precinct had been canvassed. those five votes
must have been transferred to Sullivan from
the certificate Why was it necessary for Mr..
Span to give this ADVICE IL ne dlu not know
what was to occurs
The speaker then detailed the events attend
ing the call for the papers OF the Landers pre-
cnct count which the sealed bag, as was
done in the Myers precinct, was sent for. At
forwards it was necessary to adopt a rule that
the sealed bags should not be brought in, for
they would have told the truth to the forger
les that had been committed. At 10 o'clock In
the morning OehIers papers were left with the
board Some who had right to them
got them and had the tallies changed This
was done between 10 o'clock and the time they
came into the hands of Corbaley. who came to
represent Oehler. They were changed three
four hours before the understanding between
Coy and Perkins took place, showing conclu-
sivsly that there were other people in this crime
aside from Perkins The papers, it has been
proved, were in the hands of Coy The tally
papers as changed were counted. Here is again
found a reason why Bernhamer a man without
q character, should be the chairman of the
wasting board of the capital county of the State
of Indiana
Referring to the setting aside early in the
morning of the Counselman papers for inform
alities, Mr.. Sellers passed to the motive of the
crime, which was to elect criminal Judge in
sympathy with men, of whom the defendants
a type. just before the election a circular
containing the election laws had been issued.
Some of those papers tie night of election
taken by Republican judges, who carefully Pc
rused them. and on finding their mistake
turned them at once TO the inspectors He be-
ieved that the person or persons who drafted
this circular had old law, and he
not sure il was not better than the present one,
for it more surely guards against fraud by hav-
ing the papers in the hands of an officer of op-
posite politics to the majority of the election
board. The next LEGISLATURE, he thought,
ought to enact It, They used this circular as
excuse for their crime.
After Corbaley took the Oehler papers Coy
came to the conclusion that Ayres, the candidate
for criminal judge. was behind. Before that he
Chained his election. but he knew all the time
lafA sd h3o &c
be believed. Coy is the most astute chairman
the Democratic central committee ever had.
Being this. if he did not kno long before the
night of the canvass that Ayres was defeated,
he was disgrace to the committee. Coy said
that Perkins was not a man to trust in politics,
and the defense will have people 10 believe HIM
a scoundrel. but he was just the man for his
purpose. He and Perkins had previously gone
on the bond of some rascal, and knowing that
Perkins loved money, went to him with the
proposition to change the talIy-sheets in Ayress
interest. holding out a possible release from
sponsibility the bond an inducement.
They went to Room SO and altered the Hisey
tally papers. but the change was not enough to
elect Ayres. SO Matters papers were brought in
and altered. Matter was in that room for he
returned to Hisey his papers. Smith Myers is
said to have been In that room Dan Burton
went there also, by request, for they wanted
him to what going on, so he could be
tempted to deliver up his papers for alterations
if necessary.
Spans advice and arguments had been fol-
lowed, and by them, with the action .of the
chairman of the board the crime was accom-
plished. Thus. when the second precinct of the
Thirteenth ward returns were canvassed he
advised the counting from a tallysheet which
had just been changed-changed in q man
of which there could be doubt 1t
was counted in face of the fact that down
stairs was another sheet which would have
vealed the truth. Joseph T.. Mcdonald had
been talked of for chairman. Did anyone
think he would have canvassed the votes from
a forged tally-sheeta No. sir; he knew the old
gentleman too WELL But Matter, changing
again to its original figures his tally-sheet,
showed that some forged votes for Ayers must
be had, and then Coy sent for acid. There is
no doubt but that acid was .used on the Schmidt
papers which were taken-to the Grand Hotel.
The acid went there; so did the papers to meet
evidence shows in the meeting of Budd,
Sullivan and Schmidt at 5 o'clock at the can
turned to him changed and mutilated. Schmidt
appealed again and again to the chairman to
send for the sealed bag which wonld have proved
the forgery, but the chairman refused. Was
that refusal the act of an honest mani George
w. Budd may have been used a tool in
rying the Schmidt tally sheet to Coy but whose
tool was hel Who had promised him place in
his Office if he was elected2 There is no trou BILE
to tell for whom he was working. The papers
went into his hands clean and unscratched. He
brought them back to Schmidt altered, soed
and mutilated, and yet Budd has the hardihood
to deny it.
Continuing the District Attorney said that
every act and incident he detailed were part of
the crime, and that Span and Bernbamer knew
It, for it was by their advice, consent and con-
nlsauCo bnes6 changed tally -SueoLs were counted.
Reviewing the incident OF the second precinct of
the Fourth ward, he said the returns which had
been taken from Inspector Counselman appeared
before the board early Friday morning forged
They were counted and again Bernhamer took
no steps TO arrive at the truth of the figures.
In regard to altered returns of precinct No. 6.
of Center township, the inspector OF that pre-
cinct, Baker. would have the jury believe that
the changes in his sheet were made after the
canvass was completed, but the figures in the
canvass sheet agree precisely with those as
changed in the tally-sheet The same occurred
in regard to the Seventeenth ward returns, over
which no trouble was made that night
but the changes were made and counted |
the canvass sheets proves. Again in the |
Eighteenth ward precinct like proof appears,
and yet trouble was made about them. If |
these papers could be canvassed without being |
noticed, as claimed. is it strange that the |
forgeries on the Mattler tally passed I'M