The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1889-04-12
Judge Claypool BIisters Judge
Woods.


indianapolis Sentinel in reply to state
lment made by Judge Woods in the Z
H News. Judge Claypool believes In pros :
.lecuting violators Of law, without regard /
Ito their politics. He is a Democrat, bnt II
was most bitter prosecutor Of Sim
Coy, and to his prosecution Coy's con- I
lviction NAV in great measure be attri- IA
lbuted. Among other things. he says, in q
speaking Of Judge Woods instructions
10 the jury, aud his subsequent flip flop Il,
4 "The burden Of the judges discourse Z
was to prove that 'sn attempt was not a II
crime. but TO advise an attempt was al
lcrime and in snch provision OF the law 4
'lhe thought there was some wisdom /
] III at that time the judge had In mind |
7 THAT to advise AN attempt was no crime.
7 " here did the some wisdom come in II
Did he mean to say that there was some
wisdom in 50 making the law that AN
J attempt should not be crime? A mo-
: Tive for 30 making the law might possi.l
/. lbly be conceived il advising an attempt /
was made crime. Il
.Judge Woods says in substance that
: liz was possible only under the law as
defined IN his second instructions TO in
dict Dudley. 1.-THE judge bad adhered TO 4
Ibis first Instructions Dudley would have
been indicted, and ii he bad never in
structei the jury that TO attempt TO vote
! without having the legal right TO vote,
! land to attempt to bribe, were not crimes,
there would have been scores more OF
indictments 10 qussh. His last instruc-
: ltions rendered u practically impossiblel
Ito indict Dudley, A. ia All such cases III
olwould be under such Interpretation oil
,slthe law. Dudley might have gone into
Ia town meeting. or Al some grand recep'
y. lt.on, aud publicly advocated aud advis-
u led bribery wi,nou' danger on account o
lso advising. aud with . bare possibility
lof danger on other grounds. owing to
= the fact that IL would be practically i'm
" po--iDIe TO trace the results of such ad-
. lvi-lng, however much that Is any par
= ,slliculsr sct Of bribery back TO the toun-
- ,ain head OF viIllany -tC the instigator.'
1" The purpose of congress seemed 10 be 10
= s1ord every possible protection to the
= -purity OF elections, but it TO attempt 10
~ vote illegally aud TO attempt to bribe
IN and to advise bribery are not crimes
.c,he efficiency ofthe law to protect cleo
Y l-ucn construction OF the statute, can g
nltrom place 20 place attempting TO v0t,
''e Illegally, attempting 10 bribc voters ans
~ advising bribery, all publicly and al
~ without danger. Such . construction
u an encouragement 10 election fraud
y" Where, in such law, does some wi.
~ = dom appear5
~, In this connection I submit fe,
The words ior the iegal profession, snu ~
IN. woke the attention and judgment OF law
hoiyers here and every where. Is II tru
~. lihst person who attempts to vote i
otllegally that is, attempts 10 vote at
lie place where he may not be lawfully en-
.cL Titled to vote or attempts 10 vote with
out having lawful right 10 vote IL nc
as-lguiity OF . crime under sec. 5.5ll
Il alJudge Woods answers no. | say, ye
on- lro prove myself right invite attentio
ne ,o secs Ol2, 2.O33. 5 5514 and incidenta
oily 5l2. Read these sections and ss
raj who Il right Let II be borne in min
that these sections are all taken froI
om loriginal acts OF Nav 81. 1870, and FL
nrs28. 1871. Let ii be borne in mind th'
I,calthe latter ACT IL. in part, amendatory
ne, land in part supplemental 10 the first &C
Al and that they must, therefore, be col
nv lstrned together. In this connection
solwiil add force 10 see how the Origini
Ree lphraseologv stood in the original Sc
desltions. before changed for the purpose {
oflcodilicaiion. Sec. 2.O22 commands u
. otlmarshai aud his dcpuiie, At the pol
ter among other things, TO prevent fraud
! Orient voting. and TO arrest any perso
who commits or attempts, or offers
ose commit any ol the acts or otienses pr
ere lhibitel herein tin .hc original 'rrohibi
uu,led b, si..s sc. or the act hereby amen'
re. ed which act contains sec. 5,5ll.)
/ n who commits any oficnsc against Il
4 ofaws OF the United States II the often
thatlis committed in the presence Of the ina
hejrl shai or his deputies Sec. 2O23 cor
abe mands that when an arrest is made, Il
.dl person arrested shall be carried before
ivcslU. s. commissioner or Judge or cou
flor examination OF the offense allegs
All. against the person arrested. Can the
an be any doubt that under the provision
thelof this law . marshal and his deputi
erv are commanded TO arrest anyone who
4 inlthey might see attempting 10 vote illega
:. lly, or attempting TO bribe voters. and .
-eIflso commanded 10 carry the person 30 q
inv rested before court or officer TO
N aldeaIt with on charge Of an 'oilense .
az legged against him? IfJudge Woods
offi- right ia his construction, no charl
,wn could be made for an attempt to vo
that tlIlegally. or for sn attempt to bribe. no
en. withstanding illegal voting aud bribel
ons are both crimes denounced by sec. 55l
and notwithstanding the command J.
- .larr. u for any .Astrmpt' or silrr 10 cou
- init these or any other ofirn.es denoun
- ed by The statute. Sec. 55i4 declar
49,. what .sh-ll be sufficient prima-iacie ev
.,;h' drnce 10 convic' any person charge
- with Offering % vote rrlawfuly., BY
itn. acco'u."k - ,ne 1u,."s - ~ " N. M,
- in this ruling? IL Il not perfectly Gle
that an attempt % vote. illegally, At I
election Tor . representative in congrc
IL crime under sec 5,511? Would u
..". ~" Judge again instruct that II was no
~ II Ii be admitted that such attempt
go ~ vote u crime, - u must TO admitie