The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-07

tendent OF the poor-farm for fourteen years
Immediately preceding the witnesses term, ana
had voted.
The Constitution of the State OF Indiana de-
ors. and thar part Of the Section of our statute
Enacted pursuant TO the Constitution. reads as fol-
tows: And in all elections, every male citizenof
the United states, of the age OF twcnty-oney years
and upwards, who shall have resided IN the State
during the six months, in the township sixty days
and In the ward or precinct thirty days, imme-
ulately preceding such election shall be
entitled to vote in the township or precinct
where he may reside" This is the only statute
IN Indiana declaratory of the right TO vote. In
the absence of any statute To the contrary, 1t has
been the custom in Nigo county formany years 10
permit the inmates OF the pOor-house, who are
otherwise qualified to vote, TO exercise that right
In the precinct wherein is located the poor-farm.
While, in the absence OF any statute regulations,
1t might seem that a pauper abiding at q pubuc
almshouse does not acquire a residence so as to
enable him TO vote there, yet as the law and GUS
tom of Indiana are construed and prevail, your
committee believe that the inmates or the coun-
ty poorfarm in Vigo county who voted were all
legal voters, and their ballots were valid. There
is no evidence that any voter cast his ballot for
either the confession or cOntestee, except that
voters politics were presumed to be Republican
or Democratic, and the confession ran behind his
ticket at least 160 votes. The record OF this case
odd witnesses and inquired into the regularity
and legality of about seventy votes cast by Re-
publicans, and your committee finds, from an
examination of the evidence. that either by the
witnesses OF the confession or by the voters them
selves, or by other reputable witnesses,
the regularity, validity. and legality of
these votes so inquired into by the
confession were shown TO be unquestioned. The
confession introduced a few witnesses for the
Republicans TO influence votes in vigo county at
the late election. But the evidence shows that
not one cent was spent by any Republican for
vote at the late election. The confession also
attempted TO show that there was recklessness
p~racticed by Republicans in vigo county IN
ENRaa rIn " 4 m a. lar 0n1 rnfal in thar hQ NnfQQ m
strangers were thus procured TO be cast, but
from an examination of the evidence your com
sworn IN were legal voters.
A conductor was alleged to have voted In the
First ward at the late election. The contes-
tee produced this conductor and one of his brake
man; both of whom testified thaton election day
the conductor was between East st. Louis and
Efingham, ILL.,, on his run, and did not vote at
all, and didn't get TO Terre Haute until about
noon on the 9TH day of November. Another wit
ness OF the confession testified that one Henry
Featherland, who voted in New Goshen precinct
years OF age; that he knew it solely from the fact
that the boys father moved into the township in
1859. when the boy was a baby not over five or
six years old. This is the only incident con-
nected with the fanily's history that the witness
could distinctly remember as TO date. The boy
himself, as a witness for the c0ntestee, testified
most clearly that he was born in the month of
August. 1867; that his parents, both now dead,
always taught him that this was the date OF his
birth. Another witness of the contested, for
whom Featherland has worked since last March,,
testified that Featherland was asked to vote at
the spring election OF 1888, and that he answered
that he was not old enough to vote but would be
old enough TO vote at the November election.
The cOntestee shows by the evidence OF j. NJ.
F Farm sd iPsf ona naniai ., Mc sGe niso h eounsy an p9 i1r
mate OF the farm in the summer OF 1857, and has
ever since been an inmate, producing q certih-
cate from the trustee of Harrison township, re-
citing that McGinnis was seventeen years old.
At that time McGinnis's father was an innate of
Poor Farm. and stated that the boy was not yet
m NJ ann Hull Tiff that 10
Ginnis's name was on the poll-book in the north
precint of Harrison township, at the November
election; and that MeGinnis told him that he
reprimanded for 1t by the superintendent,
McGinnis's answer was, that an uncle of his, q
to vote. Hull also testified that one James Wat
son, who had been for some time an inmate of
the poor-farm, left there Oct. &c and came to
the city. He afterwards told Hull that he had
voted in the north part of the city, some place
where he claimed to nave a brother living, and
that he had voted the Democratic ticket. This
evidence Is undisputed and unexplained. The
contestee proved by two reputable witnesses of
Fayette township that q young man by the name
of Anderson, formerly a resident OF Vermillion
county, Indiana, but who moved 10 Arkansas with
his father about two years ago, returned here on
q visit, a few weeks prior to the November cleo
ton, and voted the Democratic ticket In Fayefte
township, a Democrat swearing in his vote.
Anderson left for Arkansas about the second
day after the election. The contestee proved, by
William Eggleston, that one Charles Boyn, who
resides in one of the townships of the county,
voted in Precinct B of the First ward at the
November election; that he was in the city by
reason OF some legal business and that Mike
Stack, the Democratic challenger in that pre-
cinot, furnished Boyll the ticket which he voted.
nineteen years of age, voted in Precinct of
the Sixth ward at the November election, his
name appearing upon the pollbook of that pre-
home about 2 o'clock in the evening, after the
polls closed, intoxicated, and word having come
to him that the boy had voted, he took him to
task ahOHf If and Asa admifral tn HAVING vnfQd
the Democratic ticket. This evidence is unex-
planned and undisputed. The contestee showed
the 9th day of November in Precinct 3
of the Second ward and voted the
Democratic ticket in Precinct A of the
Beauchamp, a Democrat, that he resided in pre-
cinct A of the Second ward on the 9th of No
t femsef II 1aS Sre ahd fh 3 ne f fSs se the Democratic %sTd
witness for the confession, on cross-examination,
admitted that he swore in the vote of David
several times during. the past two years in Kan
sas, where he [BOyl] said he had laid a land
claim and had to go out at least once a year to
Henry e. Wyeth, a Republican judge in Riley
township, testified that one Samuel Huffman,
voted the Democratic ticket in that township.
his vote being sworn in by Henry ID. Christie, q
Democrat. The witness, as judge of elections,
questioned Huffman when he offered to vote and
asked him where he came from and he said Ten
nessee. He then asked when he came from Ten
nessee and Huffman answered, the LIST fOf June
last, or it might possibly be the last week in May.
Huffman saying he was q farmer, the witness
asked him what the people in Riley were doing
when he came, and Huffman answered: "They
were plowing corn and some were not done
planting yet" The evidence relating to both
the votes of David BOyn and Huffman were I'M
disputed. The following list of persons are
shown by the evidence to be without right to
vote and they did vote the Democratic ticket in
Vigo county, to-wit: Walter Davis, Hiram Bozel,
VIM. Roberts, IVES Winter. Henry Burnam,
Henry Coss, John M. Horn, Frank Carter and
David Diamonds. Webster Green voted in Sugar
Creek township, VigO county, Indiana, the Re-
publican ticket and the clerks did not put his
name on the poll books, and his vote was not
counted. The evidence further shows that there
testee was written upon the ticket partly over
and across the name OF the confession. This ballot
was rejected but should have been counted for
the cOntestee.
The contestee proved by Samuel Carter and
Isaiah Miller, both colored Republican voters Of
fore the election, another colored man by the
name of Hen Mitchell, came to them and told
them that the confession, Mr.. Grimes, desired to
see them. They went to MIR. Grimess Office and
he asked them IL they would use their influence
for him In the election, and they told him that
another day before the election, the witness,
Miller, met Mr.. Grimes in the private
room Of the county treasurer's office
in the courthouse. Hen Mitchell was
present at this meeting. Arrange
ments were made whereby Hen Mitchell, Miller,
Carter, Os Manuel and Ben Russell, all colOred
men, were TO receive from Mr.. Grimes checks or
election Mr.. Grimes gave the witness, Miller, his
written order for SO, and IN Miller's presence
he gave Hen Mitchell four similar written orders
for SO each, one for himself, with instructions