The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-11
TRIALOF THE CONSPIRATORS
Mr.. Buskirk Completes His Argument
and Court Adjourns Until Tuesday.
Judge Woods Is Suffering from Sore Throat
The Order Of Adjournment Causes
avid Rumor-Minor Cases

The conspiracy trial was continued In the fed
eral court yesterday morning. Mr.. Buskrk re-
sumed his argument for the defense. He said
that he would not discuss the question Of juris-
dietion, as that was matter settled by the
court itself. If there was any conspiracy proved
IN the trial, 1t was q conspiracy to elect Grim
inal judge, and therefore the crime was not one
which really came under violation Of United
States laws. but Of the State. He rested his
Judgment In this case on this point-that
. conspiracy was formed, if formed at
oil, TO commit crime against the
State. and not against the United
States. No claim had been urged by the prose-
cuiion that there was any purpose to change the
tally-shsets with reference to Congressman. The
question for the jury to consider was the evil
dsnce and the application Of tho law to il In
this court the judge gave the law and reviewed
the evidence, but the jury had . right to form
its own Judgment in the matter after hearing It.
Tho evidence, he admitted, showed that there
had been change in tally-,sets, but this Of
itself does not prove . conspiracy. Mr. Bus
kirk then commented on Perkinss
testimony. He said Perkins confessed
that he il guilty of TO rgery and crime
that he is . professional bondsman. aud the
district attorney admits that his evidence is good
only whore corroborated. Continuing he pointed
ont what be considered weaknesses in Perkinss
testimony, and said that the only conspiracy
that he could see was to convict Coy. Mr..
Buskirk then reviewed the evidence of the case
where IL was corroborative of Perkina he
charged Judge Claypool with being actuatsd IN
this prosecution by malice and spite against the
dsfenae because they had not supported him in
his political ambitions, saying that he would
never again have such an opportunity TO vent
his spleen as in this casa
Mr. Buskirk, continuing, said that the case
WAS Que that must rest on Perkins's testimony,
and the fact that tally -sh0ts had been changed.
De could not see . biz OF evidence TO prove any
thing like conspiracy on the part of defendants.
Discussing the changing Of tally.sheets which
he attributed to Perkins, he spoke at some
length on the motives which Perkins would have
In doing 90. charging that he did il for tho pur-
pose OF slectine Ayres 30 that the forfeiture of
the Andersan-Van Slack bond might be set
aside He then referred to the good
always sustained, said that they were honest
men and that honest men did not do such crimes
~ the one charged. Perkins was the only man
mean enough to do 1t. Perkins's testimony was
also by such men a. Daniel Burton, Captain
Many. Smith Myers Dan Lemon, d. N. Berg,
Tom ONs;ll and others. The evidence of the
eight defendants and twelve outsiders contra
dated Perkins at rome point and still the prose-
cution asked for conviction on his evidence
Mr.. Buskirk made what could be made out
Of his side of the cause His main points
were that there was ground for charge of
conspiracy TO violate the United States laws,
that Perkins's testimony upheld the whole prose-
cution and that IL was unworthy OF belief. Mr..
Buskirk also devoted o considerable part OF his
speech to Mr.. Sullivan's defense, the prosecu-
ton undoubtedly having the strongest case
against him.
At the conclusion of Mr.. Buskirk's speech
Judge Woods announced that he was suffering
from severe cold and that it would be impos-
sible for HIM TO deliver his charge to the jury
feeling as he then did. He therefore would ad
journ the court until next Tuesday, having con-
suited the counsel each aide As the argu-
ment 10 stopped right in the middle. he thought it
fair to both sides. The jurors, after being given
q short admonition as to how to conduct them
selves, were allowed to separate and go to their
homes The court had sooner adjourned than
wild rumor spread on the streets that
Q telegram had been received here an
nouncine that the decision Of the
Supreme Court had been handed down
reversing the decision of the lower court and
hence the prosecution against defendants here
had been ordered stopped There was no truth.
however. in the report al nothing at all had
been received from Washington regarding the
case. The decision will not be given until next
Monday. The story doubtless arose out of
Judge Woods's Adjournment OF the present case.