The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-24
And Mentions Some Little Incidents that
We're Not Fally Brought Out in the
First Trial of the Defendants.
Steve Mattler Goes on the Witness Stand
TO Testify in His Own Defense.
Reardon, Budd. Sullivan and Beck, Who
We're Also Indicted, Give Evidence in
Behalf of the Defendants

conspiracy trial IS to have It's Witnesses Talk
freely in explaining the incidents of the canvass
of votes upon which the case is based. As Mr..
Bernhamer did On Saturday. so did Mr. Span.
another of the indicted persons, yesterday. go
very infinitely into the affairs of that event
He went on the stand when the trial
sumed yesterday morning and remained there
until the hour of adjournment at noon. Judge
Woods seldom interferes, and when objections
made although comparatively few have
been offered SO far decides impartially and with
the object of having all the relative facts both
for the prosecution and defense developed. It
was in the cross examination of Mr. Spaan that
the interest of the morning conferred. AT times
he resented apparently the form in which ques-
tons were put, and at others sought to give the
Inconsistency of his position they suggested .
modification that led to sharp rejoinder. The
crowd of spectators was not as numerous as on
other days. but the party friends of the defend
ants seemed to show an increased interest in .
larger attendance from their ranks.
Mr.. Spaan. in giving account of his partic-
ipation in the canvass of returns, said that he
was nominated for the Legislature. but declined
to run. He made two or three speeches during
the campaign. but was never politician. Isaac
King candidate for sheriff. for whom he is gen.
eral counsel; Christian Brink, candidate for
corder, and John E. Sullivan employed him to
go to the canvassng board in their interests.
There was no doubt to the election of the
first two named, but the general talk had it
that Sullivans majority had gone down to ff
teen. Great confusion and excitement existed,
each party charging the other with fraud.
Early in the canvass question arose in the
vote for clerk. This in OF
the precincts Of the First ward. The
votes more than the certificate. Sullivan lost
FIVE votes in this count. 1t was then the board
established the rule as to how the count should
be conducted. He said to the board the tally
sheet ought to govern. and that during the
count these differences, inuring to the
other candidates, would, in the long run. mako
them all win. Captain McHugh offered the mo-
ton to have the tally-sheet figures taken. This
was after witness made his argument, but direct
ly afterwards w. f. Christian came to him and
said: 'You d-n fool; Sullivan will lose Ave
votes by that matter Sit down." At that timo
Span said he had not spoken to . half dozen
people, and nothing had been even suggested to
him to carry out frauds. The first knowledge
he had of the canvassug board being
in session was when he went down
the upper hall of the court-house to the boards
room. He heard Bernhamer making q speech,
but he hAc concluded his remarks when witness
entered tha room. just then . controversy arose
over the appointment of John w. Coons to do
statute requiring that it shall be done by the
county clerk or one OF his regular Deputies.
Coons. it was maintained, was not q regular
when Mr. Landers stated to the board that he
did not have his papers Perkins came to witness
and told him about Werbe taking the outside
tally-sheet of his precinct AS he put il. Werbe
seized tho papers. and jumping out of the win
dows of tho pollinR-place, ran away with them.
Witness advised Perkins to have Landers make
a motion to bring in the tallysheet il the sealed
bag. This was DONE ~ Witness never said TO
Perkins. How in hi can we use the altered
tally-sheets If the sealed bags are brought inf"
tho Hisey precinct came up. After detailing
the excitement attending tho discovery of the
changes in this Sheet witness said some ono
made motion to send for the sealed bag Cap
tain McHugh opposed it, while witness paid lit
tie attention to it, as he was not greatly inter-
ested in tho matter. But Sullivan came TO HIM
livan's suggestion that he replied to the areu.
ment Of Mr. Elam who had spoken in favor Of
having the tally sheet filed with the clerk
brought before the board. Witness had not seen
the changed tally shee. and he took the position
that there were two sets of papers contemplated
by law. One filed with the clerk to remain
six months, to be used in possible contests
The other set was to be presented to the can
vassing board a purely ministerial body. and
one that had no right to 60 into the question of
fraud. The action Of tho board would not be
~
any citizen could contest it. He did not think
the of the Hisey precinct was parallel with
that of the Landers precinct. as in that no pa
pers whatever were before the board. After
this Captain Many called him up to look at the
altered sheet. He had not it UP to that
time
Mr.. Span, in relating his recollections Of
counts attending the canvass of the Schmidt
precinct. spoke slightingly of the speeches made
by DIR. Theodore Wagner and John L. Griffith.
at whom he laughed great deal for what he
considered their illogical and excited utterances.
Lorenz Schmidt he did not think to be sane
man at the time and he advised him. to sic
down, as he had done all he could, and what
more he could say would be of no avail A
friend of Schmidt also advised him to keep still
and not make "a d-n fool" of himself
He did not know who Counselman until
early Friday morning when he saw . man lying
asleep on two chairs in the room of the can
wasting board. His papers were sticking out Of
his oysrcoat pocket. Some one told him that
the man was Counselman Before this inspec-
tors papers were called for. after they had been
set aside the previous morning. Coy, Sullivan
and others came to witness in great concern.
saying that Inspectors Becker. Schmidt, Morri-
and others said they would not sign the N
turns Sullivan, anxious about his vote. as was
Coy, wanted to know what effect this would
have on the result OF the canvass. He looked as
the pamphlet of election laws and gave an opin-
ion to the effpct that all inspectors must sign.
II said, however, witness continued, Look
hcre, boys; this is an important matter. and
do not want to give an on opin-
ion.r Mir. Coy suggested that witness
should go to the law library. For some
time he had been talking with W. j. Craig. OF
the Sentinel, who was with him when Coy and
Sullivan came up. Craig proposed to go with
the rest to the library. but on the way there
some stopped witness, and Coy went on.
When he was ready to go down the hall he did
not see Coy. He tried the library door and
found it locked and then going on further saw
a light IN a room, into which he went. He saw
Coy there with the Indiana Statutes. He never
knew of room 50 before. Craig did not 90 with
him. He disappeared while witness was talking
in the hail. Mr.. Span then rehearsed minutely
the incidents following his coming out of the
room with Coy. He returned to tho canvassiug
room, and in a few minutes afterwards. or at
that time perhaps he saw Couuselman stand
ing at the side of Captain Many. bsfors whom
lay the inspectors sheet. Councilman appeared
cowed Or Supplied. and the board was in con-
fusion He went to his side and told him no. to
say anything. as be saw the man was in no CON
dition to make a coherent statement. Witness
never had a tally sheet in his hand that day or
night, and never looked at any, except that ~