The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-07
CASES THAT CANNOT STAND
The District Attorney Saysthe Facts Will
Not Sustain Some of His Charges.
He, Therefore, Promptly Dismisses Several In
dictments for Alleged Election Ofenses-
Supreme Court Commission Enjoined.

spent several weeks in hearing testimony
from men that District Attorney Claypool
and his assistant Bailey pulled in from all
parts of the State. cost the government a
great deal of money. How much Deputy
United States Marshal Miller cannot say,
as he has not Figured it up" but his chief
during the sitting of the jury made three
requisitions for money, and one can believe
that the expense runs well along into the
thousands of dollars. Out of the vast amount
of money thus laid out for jury and witness
fees the return was trivial testimony as to
violation of the election laws In a great
majority of cases and a large lumber of
indictments, from which the district
attorney has selected several for dismissal.
If those upon which he took such action
yesterday are a fair sample of the indict-
ments pending, there never has been a like
exhibition of soreness over defeat, partisan
persecution and abuse of federal power.
From the outset Bailey and Democrats who
took their cue from him, shouted about the
enormity of election violations and rushed
through the indictments so fast that the
sans amount of energy exercised with a
sincere purpose of having the guilty pun
ished would have secured popular CON-
mendation.
AS it is, in those suits already dismissed
the reasons given therefor show
the partisan malice with which
che investigation was conducted.
Take. for instance, the Indictment ard Eit against INST
accused of illegal voting, because of disfran-
chisement, connected with a sentence which
had not expired. Bailey. who signed the ma
j0rity of the motions for dismissal, stated
that the reason for such action was that
Colgan believed that his disfranchisement
had been shortened. While Bailey wasnot
ready to concede that a mitigating circum-
Circumstances he concluded ''tdat the de-
PENDANT shouldn not be prosecuted" In regard
to George w. Yountz. the assistant district
attorney thought the defendant was acting
in good faith under the impression
law in swearing in Colgan's vote, and,
therefore. took the Indictment against him
off the record. :.
George Washington Simmerman, of
veedersburg, was accused of voting illegally
on account of non-residence, and Elijah b.
Osborn was indicted for making affidavit
that Simmerman was q legal voter. Bailey
dictments because he did not lave sufi-
Gent evidence to mako q case against these
defendants. As to Osborn District AttOr-
ney Claypool dds his reason for not prose-
case, and that Mr.. Osborn might have en-
entitled to vote. The district at
torney, to further strengthen his
assured that Mr.. Osborn was IAN honest
and honorable man who would not inten-
tionally do q wrong" and therefore he
should not be prosecuted. The indictment
against Elias Blickerstaff. accused of v0t-
Pawpaw township, Wabash county, 1T be-
ing claimed that he had lost his residence
by moving to Florida, Is held to be of no
service on account of insufficient evidence.
The oap,a oroup1 of dismissal annlips Tn
those brought against Charles Waters and
George Arnold, of the third precinct of the
First ward, this city. Waters was charged
with procuring Arnold to vote when the
latter was not twenty-one years of age.
As q set-oH to dismissal of election cases.,
the same action, based upon the statement
that there was not sufficient evidence to
indictments returneS against Byron p.
Reed, South KokOmo,And Britt0n Kaiser,
of Spiceland, charged with violating the
internal revenue law; Malcolm Darroch, of
Rockville, accused of breaking into q post
Office, and Calvin HAIRLESS. of Knox, charged
with passing counterfeit coin.
Must Show the Law Constitutions.
The case of the certificate-holders who
are claiming to act as a Supreme Court
Commission under a recent act of the Leg
i~slature, took a new turn yesterday, a writ
of prohibition being sued out against the
certifcate-holders in the Supreme Court
by Governor Hovey, who was represented
by Attorney general Kitchener, Messrs.
Harris & Calkins, Ferdinand Winter and
John H. Gillette. The complaint sets forth
that the defendants, Niblack, New, Cot
froth, Lowry and Nye, have attem pied to
qualify as Commissioners of the supreme
Court, under authority of pretended
commissions signed by the Speaker of the
House and Secretary of the Senate, and
that w. I. Noble, Clerk of the court, unless
restrained, may deliver to them books, rec
ords, transcripts and furniture, and that
they may endeavor to exercise the functions
of the court under the act of the Legisla-
ture providing for their appointment. un-
less prevented; that such act is unconstitu-
tional, null and void, and that any acts
under it by defendants will be an invasion
and usurpation of the duties and functions
of the Supreme Court. For these reasons
the plaintiff prays the court to restrain
Clerk Noble, who is made a co-defendant,
from delivering to the other defendants
any books, papers or transcripts and to
mandate and restrain such other defend
ants from receiving the same or in any way
passing upon cases before the court.
A summons was issued for defendants,
but they waived service and entered their
appearance. Clerk Noble in a separate an
swer stated that he had no interest in the
the matter, except to obey the order of the
court and the other defendants, through
Judge Niblack, filed their answer deny
ing each and every part of the
complaint. Chief-justice Elliott di-
rected that notices issue to the defendants
to appear on the 18th inst, at which time
there will be a further hearing. but it is not
likely that opportunity for full argument
will be had until after the 9th, as cases up
TO that date have already been set for each
day.
THE suit is an amicable one,n said At
torney-general Kitchener to a Journal re-
porter yesterday, Ito test the questions it
involves before the Supreme Court. AS
that court Is concerned in the matter we
have the privilege of beginning there in
the first instance. i do not know who will
appear for the defendants. Judge Niblack
has looked after matters for them thus far.
AS TO when the case will come up for oral
argument L cannot say. That will probably
be a matter of arrangement between the
counsel on both sides.o
The Receiver In Sullivan's Affairs.
In accordance with the petition filed yes
terday in the Marion County Circuit Court,
asking for the appointment of a receiver in
the affairs of John T.. Sullivan, Captain
Silas NJ. Shepherd was named by Judge
Rowland to act in that capacity. His bond.
which was fixed at $4,000, with Horace n.
Allen, Charles l.. Wilson and Robert NJ.
Lamb as s~ureties. was approved and ordered
to be placed on file. By virtue of the ap-
pointment. Mr.. Shepherd is authorized to
- C.rl:---f- k~,Inon for oil n,a H.