The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-09

or an Agreement between MT sellers ana Mr.. By
mum, and that at former trial there was
verdict against him by reason Of disagreement
in the jury. The cross-examinatgon referred to
a real estate transaction In which Mr.. Beck was
engaged, and which was brought out In the
former trial.
In leading up 10 Bernhamer's testimony moro
recent evidence was read and that of Professor
Hurry. the chemist, introduced. but nothing
moro was developed.
When Bernhamer arose to take the witness
stand there were good many comments passed
on his appearance. all agreeing that quite Q
marked change had taken place since he left
here. His testimony did not materially differ
from that brought ont ct the last trial. He en-
tered . general denial to all the points urged
against the defense, and said there was no
agreement before the election that he was to act
as president of the canvassing board; that he did
not 30 state TO Dr. Henry Ridpath while in New
York just previous to the election; that he had
no knowledge Of, design Or intention to commit
fraud in his action at the board the day it met
and that his rulings were based upon parliament
airy and statutory law as he understood them.
When questioned in regard to Lorenz
Schmidt's papers, he replied that Mr.. Schmidt
that Republican had had them.
did you ask him what Republican il was
who bad shemi" asked Judge Claypool In cross
examination.
"No, cir; did not He said to others. how.
ever. that he would find the Republican who had
had them" replied Bernhamer.
He did not know anything further about the
changes In Schmidts papers. and continuing
said, II had grave doubts that night whether
tally-sheets, and still have" He denied, also,
that he saw any srasurss of an
unusual nature In Hisey's papers.
and that he had seen any evidence of the use of
acids that night The witness was not ques-
toned very closely by the prosecution, there be-
ing disposition to allow the jury to take his
story for what it was worth. Bernhamer spoke
with good deal Of feeling. striking the table
with his hands and raising his voice in way to
any means 60 do that. It was clear to all who
heard him ct the trial in January and in the one
yesterday that the situation had at last come
homo to him, and that his conviction
and confinement in the .penitentiary had
ad quite q visible effect upon him.
When he was about to leave the stand he begged
the attorneys Ia o low voice not to ask him the
question il he had been convicted Of the offense
charged against him and Was now serving out q
sentence for it. requesting them to make proof
of that fact by the record in the court. and to
spare him the indignity of having to answer in
the Affirmative to such question. The request
was granted. When Mr. Bsrnhamer retired
from the stand he shook hands with a number
OF friends In the courtroom. and two or three
i times broke into tears. He will remain in the
Icty until some time next week, having been
granted that privilege by Judge Woods upon
his earnest petition.
an officer ushered Sim Coy into the courtroom.
Sim was out in the middle of the room almost
before any one knew it, bowling and smiling to
his friends around in the crowd in a great way.
good many Of his Democratic admirers hast
ened to grab his hand, and IL there is any doubt
that the little boss 10 still king among the Marion
county Democracy, it ought to have been dis
PEELED by the greeting which he received by bis
old-time associates yesterday, both before and
cfter his testimony especially when he was
laa fhn of ham, hxy h.
they greeted him, evidently thought that he wss
undergoing martyrdom for the cause. and
fastened to assure him by the most cordial
grasp Of the hand. that he still had their sym
pathy and good wishes. His testimony, like
that of Bernhamer's, was substantially the
same as developed in former trials. He began
By saying that he had been Q member of the
City Council for eight years, and to show in
what confidence be had been held by the people
who know him. he added, that he had been
elected the first time by q majority Of seventy
six, In . ward which usually gave 250 Republic
nn majority. He then detailed his connection
with the canvassing board, denied all the points
against him brought ont in the Perkins testi-
mony, said that he had nothing but the purest
motives-that of the prevention Of fraud by the
Republicans-in all his actions at that time: that
he did not know OF any conspiracy, of any kind,
TO alter tally-sheets. and least of all did he di
rectly engage In anything Of that kind. He
also denied any illegal intentions when ne sta
toned men TO request inspectors to withhold
their papers; that he had any conversation with
Perkins about Ayres being eighty votes behind
that any changes were made In returns at his
room in the Grand Hotel-in fact every thing that
has been proved against him. In regard to the
conversation with Morgan H. Wier about Coun-
selmau. he proceeded to make regular political
whore opportunity offered, saying that he said
to Wier when Republicans offered resolu-
lions in the Legislature to remove Democratic
officers be considered it the duty of all Demo-
Gratis to stand together. he said that Wier said
to him that he would have a committee appoint
cd, and there the matter would die. To catch
the jury's prejudice little il possible, he add
ed: $50 far as that 10 concerned, regarded
More Wier as weak. He was unreliable, and
didn't have sand enough to stand up to the fight
when the row was on in the Legislature. getting
scared and going home two weeks before its ad-
tournament" Here Sim injected into his evil
dence another little political speech branching
of into matters that had no connection what
ever with the real case. He denied that he had
sent ont men TO intercept election returns be-
cause he intended fraud, adding that he did it
because no was afraid they 1.-THE Democrats)
would be counted out by the Republicans. as
usual.
II sent ont those men," he said, turning 20
the jury, ito beAt Carnahan's scheme. knew
that If tho Republicans got those outside papers
In their hands In the clerks Office, which was
then held by q Republican, the returns would be
tampered with as they have been before. I
thought IL was time for men Of sense to act,
when these Republicans were getting possession
Of the outside papers and such men Frank
Landers were giving them mp. knew that IL
we allowed that to 60 on the Republicans would
organize the board and count as out" In this
manner he was permitted to 60 on and address
the jury, the evident policy Of the defense being
to let him excite the partisan feel
ing Of some Of the jurors by this
means, and save the case in that way if
possible In regard to his speech before the
Council. about week ago, he reiterated the
statement made there, saying that Messick, one
OF the jurymen, said, when he was coming over
TO court, to friend Of his. that heWoud be a
friend to him, and that he needn't be afraid of
that jury returning any verdict.
Then You thought you had that Jury fixed,
did your asked Judge Claypool.
''Ycs, sir, did. He kept me posted until the
last moment. when he went into the jury-room
and then deserted me; then the mask was re-
moved He told me beforehand he'd hang that
jury till he rotted to use his own words. before
he'd bring in . verdict Of guilty, and then he
went back on me-"
That's one time You thought you had things
set mp whom you didn't" suggested Judge Clay
pool.
"Yes, sir, Il is,r rejoned Coy, with emphasis
THAT man came hero to get my confidence. and
then to betray me. He was either bought or
wanted me to buy him." After allowing this
kind of testimony to 60 on for short time
court adjourned. Coy will probably be on the
stand short time to- morrow. After that a few
more witnesses will be examined. when District
Attorney Sellers will make the opening areu-