Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-03-13
THE TALLY SHEET trial
ARGUMENTS MADE YESTERDAY BY
MESSRS. TAYLOR, NASH AND
CONVERSE.
The Latter to Continue this Morning
The jury Getting Impatient-The Case
Likely to be In the Hands of the Jury
by Next Friday.
CoLUMBUs o. March Is.

CoLUNBUs. O., March Is.
Colonel Taylor resumed his argumen
yesterday morning at nine O'Clock an(
closed at quarter after ten. He said tina
this case is the outcome of an old malicious
purpose, formed two years ago, to put Rob
ert b. Montgomery in the penitentiary
This purpose. Colonel Taylor said, was S,
strong that men, now admitted to be limo
cent, were charged along with Montgomery
IN order to make the connecting link be
tween him and the crime. Up to . shor
time before the indictment was found, tho
theory of the State was that the forgery
was committed at the penitentiary
and at one time a justice of tn,
peace was found, who by some means, by
some influence, social or political or other
wise, or by 8 combination of influences, wa:
induced 10 bind over a number of person:
on the Penitentiary evidence. Colone
Taylor then referred to the senseless clamol
which was raised when Judge Duncan
threw out the indictment which followed
the binding over by Fritchey. The Chicago
purchase was next analyZed. and in thi:
connection Colonel Taylor charged that
Mr.. Huling, Notwithstanding his denial
did know where the original papers were.
He ridiculed the idea that papers of SC
much importantance containing as they
did the information, upon which an indict-
ment was TO be asked, and conviction pro-
duced, papers containing the names of the
persons to be indicted and convicted, would
be considered of so slight importance by Mr..
Huling. The papers were not produced
because, if they were. they would un-
fold a story as different from the
explanation given by the State.
as day is from night Colonel Taylor then
took up the statement of facts made by
Clark, Duff and Granville, with the blanks
untitled. He said that the paper plainly
showed an altogether different theory
from that employed by the State in this
case. Colonel Taylor said that if the story
as first furnished the State was true AT the
time it was presented, il is true now. He
argued that the present story had been
evolved from the monstrous original lie,
and, if the paper upon which the blanks
were filed could be produced, it would be
found that = different set of men were to
have been indicted.
Colonel Taylor then took up the addition
to Granville's testimony since he appeared
before the grand jury and ridiculed it in q
mercileSs manner. He said that Granville
came here, according 70 his own story, to
clear his conscience. He came here to tes-
tify before the grand jury with this motive
according to his testimony, but he found
upon nls arTlNdi lIldl llcEc WAS ono COrucE
Of his conscience which was not affected,
and 50 there was another muddle and an
other change.
In closing, Colonel Taylor referred, in an
eloquent manner, to the persistent efforts
made TO council the defendant He said
that neither wealth nor energy, nor malice
nor all combined had been able 10 produce
any competent testimony pointing to the
guilt of the defendant Colonel Taylor
spoke in all, three hours
Judge Nash began speaking az quarter
past ten. He opened by commenting on
certain statements made by Colonel Taylor,
which resulted, he said, from that gentle
mans imagination. Judge Nash said this
was a conspiracy with intent to defeat the
will OF the people at the October election
in 1855. He asked the jury to bear in mind
the fact of the intent in their deliberations.
The term conspiracy was then discussed at
length, the argument being that a person
who originally joined others to commit q
crime in conjunction with them, remained
4 conspirator, and liable to punishment,
even if he went thousands of miles away
afterward, and during his absence the
crime was committed.
Judge Nash then proceeded TO argue from
the magnitude and far-reaching conse-
quences of the crime that there must of
necessary have been conspiracy to COM
nit it. He then addressed himself TO the
testimony in the case pointing rs he claim
ed, to conspiracy He,read from an op;n-
ion by Justice MCLEAN as to the nature OF
the proof required for the establishment of
a conspiracy; that unless some one of the
members of the conspiracy divulged its
secrets, the testimony must of necessity
very often be circumsIantial Judge Nash
said that be would accept the challenge of
Colonel Taylor. and prove the existence of
9 conspiracy. and would prove it first by
circumstantial evidence. He then
took up the Ninth ward trans
action, and stated that the
four tallies of Mr.. Huling's vote which had
been erased with acid, were still percepti-
bic by the use of q magnifying glass. He
jury, and the next few minutes was spent
in the examination of the tally sheet
Judge Nash then presented the duplicate
of the sheet which showed the pa tallies
carried out. Judge Nash argued from these
two facts that the forgery must have been
committed after the tally sheet left the
hands of the judges and clerks, and before
the beginning OF the count on Friday.
AFTERNOON SESSION.
Judge Nash continued his argument in
the afternoon. He began with a referer ce
TO the midnight hack ride to Montgomery's
room, which he declared TO be preposter-
Gus on its face; so absurd that it did not
sccount for Granvilles presence at Mont
gomery's house on Sunday night.
Judge Nash then took up the testimony
the explanation of the stay in Columbus
until Sunday night taxes ones credulity.
The idea thata man would stay in Colum-
bus twenty-four hours to hear lecture and
then stay at the lecture only five minutes,
was too absurd 10 be believed.
Judge Nash then took up the midnight
hack ride of Myers and Cogan, and pointed
to the fact that Cogan could remember moth
ing that tosk place in the hack ride except
seeing hacks following them. He asked
why Myers did not leave Cogan in the hack
when the hack stopped in the alley by the
Converse building. Judge Nash asked why,
il Myers story is true, he did not 60 up in
the Converse building and leave Cogan in
the hack, so that they together could drive
to Crouch's saloon on his return. He ar
gued that it must have been Myers in
tention to send Granville out TO Mont
gomery's room for the purpose
stated by Granville or he would have
left Cogan in the hack. The fact that the
hack was ordered by Myers 10 go down
Pearl alley, was not commented on as a
suspicious circumstance. Judge Nash then
discussed at length the walk C Myers and
Cogan from the formers house TO Breiting-
er's, and declared that the testimony all
showed that they were on their way to
Montgomery's house. He argued that it
was absurd TO suppose that two men under
such circumstances at such an hour, would
start out to take walk for the reasons
assigned by Myers. He referred to Cogan's
condition, as indicated by his absence of
recollection. and said that it was absurd
to suppose that Myers, a man who
admitted that he was afraid TO carry a re-
volver, would trust a man in Cogan's con-
dition with such a weapon. He argued
further that. if Myers story was true. he
would not have left Cogan in his condition
TO wander alone in the Neil House, but
would have had him come into his house.
The fact that this poor drunken man was
able, Notwithstanding his demora:Ized con-