The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-11

Attorney general Garland Commissions Judge
CIaypooI as Assistant to Mr.. Sellers.

the petition of the citizens committee of In
dianapolis asking for the employment of assist
ant counsel to United States District Attorney
Sellers in the prosecution of the tally sheet
forgers 1t required some time for Mr.. Henderson
to state his case, but the eloQuence with which
he did it was shown in subsequent action. The
Attorney general was ready when Mr.. Hender-
son had completed his statement, to go to the
Cabinet meeting He promised, however. that
he would speak of the matter at the meeting
and inform Mr.. Henderson of the result
as soon az the session of the Cabinet
was over. He stated, further, that he had
talked with the President the subject. and
that there disposition the part of the
government to fair and vigorous prosecu-
ton. Mr.. Henderson told Mr.. Garland that the
citizens of indianapolis. irrespective of party
politics. who wanted to have justice done in this
case desired the employment for the prosecu-
ton of Judge Sol. Caypool and Captain Ritter.
Shorty after 4 o'clock the Attorney general
called at the hotel of Mr.. Henderson and in
formed him that it had been concluded to ap-
point Judge Claypool as assistant to District
Attorney Sellers in the prosecution; that it was
the custom of the government to employ but
one assistant in any and all prosecutions or 9TH
err criminal cases, but that it was hoped that the
This Mr.. Henderson promised should be done.
Then the Attorney general went to his Office,
and later the commission for Judge Claypool
reached the hands of Mr. Henderson. who will
send il to Indianapolis by express tomorrow.
To the Journal correspondent, tonight. Mr..
Henderson expressed satisfaction with the sue
cess achieved and said that he found il unnec-
essary to see the President as the Attorney
general was willing to grant everything he
! could. The President told the Attorney general
that he was in perfect accord with the move
Inent to have fair trial of the tally-sheet
forRers. Mr.. Henderson is of the opinion to-
night that the Department. OF Justice is for
justice. Yesterday the Journal correspondent
learned that great deal of influence had been
brought to bear upon the Attorney general to
have favor shown Coy In the prosecution, and
that among those who called and urged that ex-
ceptions be made il the prosecution of this case
were at least two of the oldest and most promi-
nent Democrats in Indiana.
The petition presented by Mr.. Henderson
reads as follows:
.To His Excellency Grover Cleveland. President of
the United States, ana to the Honorable Augustus
Z H Garland. AttorosyEeneral of the United States
1.-The undersigned beg leave to submit to you the
following statement of facts and petition based there
Upon the of the cast in the city of
indianapolis at the general on the I'd day
of November, 1885 when Congressman voted
for well certain Sta to and county officers it
discovered that certain and fragrant frauds and
forgeries had been committed upon the tally sheets
and poll books of several precincts in said city These
oenses consisted of erasures made with sharp in
and also by the of acids of tallies writ
ing and figures and the forging of additional taes
writing and figures, such changed the result
the election of certain candidates. Upon the
discovery &C these ofenses, which
mistakable. they appear upon the documents
themselves the good citizense of indianapolis
together without regard party affiliations. and
without knowledge at the time to who the
perpetrators of the crime, and organized committee
of one hundred, about equally divided between the
Democratic and Republican parties, but having rep
resentatves of all political parties upon it. The
so selected of high character for integrity
and among the most influential and respectable
of our citizens. This committee organized and
appointed executive committee This executive
committee employed counsel and began its work in
November, 1886, at great expense, labor and time.
This committee has obtained the evidence presented
it grand jury in the United States Court the
district of Indiana, sitting at Indianapolis and in
May last indictments found against eleven per-
sons for the ofenses aforesaid trial
upon of said indictments against all
of these persons for conspiracy In the commission
of said crime has been had resulting in disagree
ment of the jury, majority of the jury being for
conviction. These offenses of such a serious and
dangerous character and the combination supporting
the defendants strong. that deep feeling in
community has been produced arraying the sympathy
of all good citizens side, and the sympathizers
with lawessness the other. We officially in
formed that second trial of these will com
mence on the 10th inst. The defendants had upon
the former trial, and still have, far a know
five able and distinguished attorneys of State,
representing them. AS informed, Sena-
tor Daniel w. Voorhees, has also been retained and
will appear in said for the defendants. With all
due respect for the ability of the Hon. Emory B.
Sellers, United States district attorney who Off
eia control OF the ecuon in these cases. feel
that the public welfare and public justice demand
that he should have able assistance at the approach
ing trial. Leon o. Bailey is the assistant United
States district attorney He is a man without
reputation for ability lawyer. He was a
member in the last session. the Indiana State San
ate and in his official capacity favored the appoint
ment to a position assistant door-keeper in said
body Of of the who is under indictment
for the ofeLses aforesaid, and who at til time of
such appointment charged with such ofsnses
had been arrested and was then under bond for the
1t in testimony at the trial had by an
honorable member of the State Senate of the same
political faith with Mr.. Bailey that when a protest
against said appointment pending in that body.
another Of the persons indicted for the ofenses
aforesaid, who was generally understood to be the
leader IN the offenses said to the witness privately
that sid appointee must be retained by Senate in
order TO keep his mouth closed. Said witness who
was so approached denounced the appointment. and
demanded the removal of the appointee but Mr.
Bailey urged his retention and on the floor of the
BenAte denounced committee some of them ner
soually by name, and all of them as body and used
towards our committee the insulting and Oh.
probious language 1t is notorious in community
that MIR. Bailey is upon intimate and relations
with the more prominent among the persons so in
dieted aforesaid. There an utter want of conf
denee in this community in the ability disposition
the part of Mr. Bailey render efficient services
IN aid Of he prosecution in said cases.
The attorney for committee from the beginning
of It's work has been and is Eli f. Ritter. OF our
city. He has obtained the testimony with great labor
and obtained and produced the testimony of an