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

like reason advising UTiueSy - o'"u~
! To knowingly attempt TO vote y.
legally, ITO attempt to bribe voters ana
Tito advise bribery Of voters are Al
morally wrong. Each ought 10 have
been made crime II i has not been
done. In mis- first Instructions 70 me
grand jury Judge Woods decided 'hat
the first two acts were not crimes, ou'
the third was made a crime. This, as
llhe saws. he reserved for further inves-
ltioa,ion. and IN his second instruc- \
Itions. he decided. after further investi-
cation. that the third also was no crime.
n canton had moved in another line il
\ would have been better. Ii he had re-
J served the first two propositions forl
further investigation It would have been
lIbetter. II would have been better II his
caution had been led by desire to bring \
moral offenders to punishment, TO see to
lit that no q guilty man should escape.
/. Better to have been thus cautious than
Ito have been 90 cautious lest some per-
, Ison or persons guilty Of great moral
'lwrong might possibly be indicted tech
nically incorrect. There is no wrong IN
caution IN such matters. But caution ~
Two directions would have been well.
In three controverted questions OF law
1.-The Judge fell on the side Of wrong -doersI
: m each case. Cautionl Cauti0nI Cau-
-I,ioni!! And by departing from theI
Dllaw a. laid down by himself IN the case
} Iof the United States vs. McBosley, ana
-lfollo wing the decisions Of courts whose
q decisions were not controlling author
..litv ~ govern his conduct. he has quash-
!. lei more than hundred indictments.
4 Those indictments were good according
!. M form long in use in the U. ,. dls-
J tr;ct court Tor Indiana. The form IN
|, substance charged that at an election
M for a representative in congress the per-
o son accused voted illegally, etc. Such
!. form IL supposed TO be defective because
: RI aid not IL terms expressly charge that
,lItbc vote cast was tor representative
|, lin congress. to negative the inference, q
10 n suppose, that voter at AN election to'
\. representative in congress- might have
Il voted for q constable, road supervisor OF
r some other officer.
n .Now, as to what Judge Woods say
r. about having several conversations VIII
10 me before his first instructions: IRE
he cading the election an affidavit was pr
10 pared against Dudley, charging the Grim
De- Of advising bribery Of voters. On tn
es, Iday of the election some charges wer
&C. made for the attempt 10 bribe.' Earl
Ter l;n the day heard that in the opinion
go!Jndye Woods this was no cficnse.
Dte vent 10 him and found this true. At n
nd ousset Of his conversation with me
all MA subject. he remarked: You are
/ is right against Dudley responded
'ds. l.Judge. you make me happy. He is y
gis-lfellow am after but proceeded, sayii
further: Judge, do you mean that
few advise bribery is crime. and 10 attem
in-lbribery is not q crime 2 and asked
w. such condition Of The law would not
ruelscurious.' lie answered.: 1T mig
II. .seem so Al first view or in substan
/ aItbis: saying further. But there "
en- some wisdom in il, being phrase Iil
irb- that used in this connection IN his III
He then proceeded to e
IL ?lplain the use OF the word attempt in q
res. liast clause OF Sec. SSH IN = mann
ion similar 10 the manner in which be q
tai the same thing in his first instruction,
see show how advising bribery might
ind and was 4 crime, without the attempt
ON bribe' being crime. At that time l n
rsb. not gone into the analy sis Of the statli
batland studied II rs closely as the jud
of|seemed 10 have done, and | remarked
act. him: You may be right about =
on -ltempting to bribe" not being an ohens
, title thinks expressed myself mo
nalIs,ronylv. II il not unlikely that al
sec lbut whatever impression the Judge ma
J ofIupon nv mind, did not abide with
thcIlopg. for the Judge knows that duri
pi,s. the course Of the investigation Of !
du. Iiury, |, at the request Of the jury, call
SON his attention 10 this subject a9ain. mo
toIparticularIy 10 the specific subject Of
,ro- lsttemptto vote illegally. was 50 graft
bit led ~ finding that he agreed with me
nd the law applying 10 Dudley's case, tha
orldid not care TO continue the debate on !
the other point. This was the fret time u
,nselthe name Of Dudley passed oetws
nar- Judge Woods and myself, and the u
ON mention was bv him. A few days Iat
the during the week Of the election, hea
re athat the mind Of the judge wss IN dou
Durtlon the subject Of advising bribery.
ged sought and had = conversation with o.
1ereland found that my information Was g
ionslrect. In this conversation ne SAID:
ties advise you 10 commit MURDER ana y
,om do not do Il. am | guilsyy ! answer
gal mo; but suppose the statute said WI
a. ever advises another person 20 CONN
ar murder shall be punished oy nne .
be Imprisonment" then what say -
Al. judgel Understanding the judge TO
Il IL sent to the proposition that under suc'
,rre statute, advising murder would bc
vote crime. / then added further this In foi
not Ia what Sec. 55ll does'-quoting fro
,erv the section to illustrate. But few wor
5ll. passed between us. After . little "a
!. ,oI,he Judge aaid he had asked or wou
ON ask the opinion Of Senator McDona
nc. Soon after, heard this had been do
ares and that Mr.. McDonald's We've accord
evil with my own. had no other conver'
ccdI Ition with Judge Woods on the suoj'
But. of the election cases until after I
ods. Judges first instructions, and was
irhtIpresent when these instructions We
lear delivered.
an .Coming again to the subject Of qua'
rcsslic0 indictments. Il 10 hard to avoid I