The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-19
The Attorneys for the Defendants Are Very
Particular in Questioning Witnesses Regard
ing the Custody Of the Papers at Issue.
There Are, However, No New Develop
ments in the Evidence Presented.
The Jury Devotes Part of the Afternoon to
Carefully Examining the Forged Tally
Sheets-The Crowd in the COURTROOM.

new features have been developed, except in the
manifest intention of the defense to question
more strongly the custody Of the election pa
pers at issue from the time they left the can
wasting board until they were presented to the
several grand juries. Yesterday morning the
first testimony was taken and as it progressed
the crowd Of spectators large at the beginning.
increased until all seats were occupied, leaving
many persons standing in the lobby of the
courtroom. With few exceptions the crowd was
made up of persons who find an interest in any
kind of important cases. To them the test-
mony came with freshness as if 1T had not
been told and retold in the courts and printed in
the newspapers until it would seem that no ons
could be ignorant of the details of
the conspiracy and forgeries resulting
from its work. After all the wit
nesses for the government were sworn, Thomas
Taggart, Auditor of Marion county, came TO ia
stand and identified the record of the County
Commissioners IN his possession relating to Z
appointment of inspectors for the election he'd
Nov. I'd. 1886 The defense did not desire
to controvert the record, but it was brought out,
and showed that John III. Connselmau had been
appointed inspector of the second precinc t,
Fourth ward; Joseph Becker, second of the
Eleventh; Allen Hisey, second of the Thirteenth;
Stephen Mattler, third of the Thirteenth; Andrew
Oehler. first OF the Seventeenth; John Edwards,
second of the Eighteenth; Lorenz Schmidt. first
OF the Twenty-third, and Joel A. Baker, sixth of
Center township. Upon the returns in these
precincts the Indictment is based to all of the
defendants but Of whom Gov Bernhamer and
Mattler only are now trial.
Noble &. Butler, Clerk of the United States
Circuit and District Courts. the next witness.
said in answer to District Attorney Sellers
questions, that the tallysheets and poll-lists of
the election involved came into his possession
Nov. 8, 1886 He received them from Moses G.
McLain, then clerk of the Marion County Cir
crit Court, under legal process He called over
and identified the tally-sheets and poll books
named above which he brought into court.
Since the papers had come into his possession
there had been change in them whatever.
Judge McNutt, attorney for the defendants al
whose side sat Coy, frequently prompting Ihim
with questions, inquired more particularly as TO
the witnesses possession of the papers. Mr.. But
Ter said he had them continuously at first. shar-
ing the custody Of them with Judge Turpie who
at the time the papers were transferred to the
United States courts, was the District Attorney
They had never been out of his possession, ex-
cept when the courts and grand juries haG them.
Twice they were taken before United States
grand iuries and once before the grand jury OF
this county. Recently they had been carried
before the latter body. When the grand jury OF
the county made its first investigations, Captain
Ritter who assisted the prosecuting attorney,
came to the Office of the witness after them in
the morning and returned them in the evening
of each day. It was the impression of the w.t.
ness that the tally sheets were not used in the
recount of votes criminal judge made before
Judge Howe.
To tho district attorney, Moses G. McLain,
clerk of the Marion County Circuit Court, when
the returns were canvassed. said be was clerk Of
the canvassing board. The inspectors wanted
him to do all the mechanical work in keeping
tallies, but this he refused to do, and had the
work performed by two of his deputies. one of
whom kept the tallies on the county candidates
and the other on those Of the. State ticket The
tally. Sheets "a fast they disposed of.
we're handed to him. He rolled them up and
threw them into a trunk After that they
marked filed, some with the date of Nov. and
others with that Of the 9Th The latter
came into his possession after midnight
of the 5th Bernhamer acted chairman
of the board. The defendants attorneys were
told that these papers were put in the large safe
in his office. 1t had combination lock, to
which only he and his chief deputy, A. J. joyce,
had access. The mutilated tally sheets he kept
came in on Friday and Saturday to see them,
but both sets, the m1itated and perfect sheets.
eleven or twelve employees, including deputies,
but he was at the Office nearly all the time from
o'clock in the morning until in the afternoon.
One of the papers Sc. aside mutilated was not
Matters, and he did not hear of any change in
that sheet until after the grand jury had frst
considered the The day and night Of the
canvass he saw changes had been made other
sheets as he sat on the left of Bernhamer. the
boards chairman, who handed them to him,
when he had read the footings from the certii-
cate and az times from the tally sheet. When
he read from the tally sheet Captain Many had
the certificate. and when the reading was from
the certificate the Captain had the tally sheet.
The tally sheet of the sixthprecinct Center town
ship was not one ne kept apart and he did not
remember seeing any alterations on it when 1t
was before the board The janitor OF the court
house had key to the outside iron doors of his
Office, while he and his deputy carried
the key to the inner door.
He said the office was locked
in that way Saturday night the 9th of Novem-
Der. and that on Sunday it was not opened On
Monday he turned the papers over to Mr.. Butter
on an oSder from the United States Districr
Court.
G. d. Hall, the Democratic clerk of the sec
ond precinct of the thirteenth ward. was shown
the outside tally sheet Of that precinct. and said
changes had been made in the vote for criminal
judge The erasures were on Twins VOTE the
Republican candidate. and additions were found
In the vote for the Democratic candidate, Albert
f. Ayres. Attorney Busklrk. for tha defense.
did not think this competent evidence, as il
referred to the forgeries, and did not relate to
the conspiracy. Judge Woods said all those
questions had been gone over and settled in the
first trial. The evidence was an important link
but Mr. Buskirk wished to have his exceptions
thereto noted.
On REORGANIZATION Mr.. Hall described how
one set of papers was placed in q sealed bag,
while the other was taken by Henry Werbe. the
Republican judge of that precinct The count
the night of the election, was completed about
o'clock on the morning of Nov g. Werbe took
away the tally sheets and poll book he had, al
though Samuel z. Perkins told him he had no
right to them. Perkins also advised Allen
Hisey the inspector, 90 after
them. He did so. but returned without
them Werbe said he had circular from Gen.
Carnahan to take q duplicate of the tally sheet
and poll book, and upon that he insisted on tax
ing the papers away When the government
took up the redirect examination. witness Hall
said he was not clear as the footings on the
alir- andd nt no riad