The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-01

jury-Judge Baker, Without Refer
ence to the Feelings of the States
Counsel, PeremptoriIy Orders the
Jury TO Find tor the Defendant.
If the disposal of the Royster perjury
case by the federal court Friday Wss
right. then there was food to the simple
lsyman for deep meditation. On the day
OF the November election Charles ".
Royster, acting as federal supervisor at
the poor farm precinct of Wayne town
ship, began early in the day to systemat-
icallv challenge the vote OF every inmate
Of the county asylum who presented him
self at the polls. Through the fore
noon he kent il up until ten challenges had
been made, aud the ten votes challenged
sworn in by Superintendent Yesger and
other freeholders of the township. Royster
continued TO challenge democratic votes
until about l o'clock, when L. :. Commits
sioner w. A. Van Buren,, TO whom the
question had been submitted. sent word
TO the precinct tina. the inmates at the
poor farm. other things being equal. were
entitled to vote Royster then retired
from the voting places, but about the vot-
ing places openly charged that Attorney
Ferd Winter and Col. Chiiders had inform
ed him that ten men whose votes he had
challenged were not entitled TO vote under
the state law. The case was given to ths
Marion county grand jury, which returned
Ten indictments for perjury against Roy
ster. He was arrested and released on
two-thousand-dollar bond, Merrill Moores,
W. A. Van Buren, and G. A. Denny
offering themselves as sureiies. Before
Royster was brought 10 trial in the county
criminal court, on the ground that he was
a federal officer and the election included
member of the national legislative body,
the case. under legal process, was pre-
emptorily transferred. under Judge
Bakers order, to the federal court. Yes
terday the case was called for trial. L. 5.
Attorney Chambers appeared in Rovster's
defense. while Prosecutor J. w. Hoffman.
with judge Solomon C.Rypool. appeared
for the state. A Jury WAS empaueied
and in the box. The opening statements
were made when Judge Baker. from the
bench instructed the jury TO return
verdict of acouittal This WIS done and
Royster walked out OF court free man.
lloyster for several years has been we'll
known as republican general utility man,
and during the entire campaign danced
attendance at the headquarters ia Court-st.
An Unprecedented Case.
Going over the proceedings in court in
this case. the more Que meditRtes upon
the action taken and the different phases
l. ii a.. 4.
the more easily could the casual observer.
unbiased even by political prejudice,
arrive at the conclusion that
the old ndage is true; That
when you 90 in one door OF n court room
YOU know not at what door you'll 20 out"
The story of this hearing will go down in
the history OF court procedure in-thls dts
trict AZ one that IL peculiar II not alto
gether unprecedented. In lis opening
statement Mr.. Hoffman said the state
would be- able to prove that Register
had been employed At the poor farm for
many months: wBs not only we'll &C
quainted with all tile inmates, but under
former management of the institution
had, time and time again, voted the very
inmates whose votes ne had challenged at
the last election. The state would also
prove that Roysier had fled sth-
davits that the men were not entitled
10 vote and that he had been 70 informed
bv Attorney Ferd Winter and Calvin
Childers an employe IN the Maleab
iron works that CHI ders would testify
that he never knew Royster ond that MIR.
Winter would 50 testify that he had not
the slightest acquaintance with any OF the
inmates of the county asylum aud knew
nothing about them.
AT this juncture Judge Baker. interrupt
ing. said: 81 wish TO make statement
before proceeding further with this trial
| wish TO say right here that | shall in
struct the jury that the people living in
the aims house had no right to vote In that
precinct"
Judge Baker then went into protracted
lecture upon the moral effect OF permit
ting paupers depending on the bounty OF
the county or state TO vote.
Judge Claypool here expressed himself
In full accord with Judge Bakers opinion
as to the moral side OF the question.
but very strongly doubted iis sta
biitv under the laws Of the state OF In
diana 81 can produce a number OF au-
thoritles. your honor" said Judge Clay
pool. "ii it will DO any good"
Considerable Asperity.
81 don't care to hear them read, re-
sponded the court, with marked asperity
of tone. 81 have not doubt in this mat
ter. Nv mind lie fully made up Judge
Claypool theroupon, with an unusually
bland manner suggested ho would like TO
sea he law settled in this class OF cases.
alt il settled, sir. in this court" replied
judge Baker. "as long as preside here OF
until an reversed by the appellate cir
cult court or the u. :. supreme court
Judge Clavpoo then said no would be
under obligations II the court would re-
duce his instructions TO writing Judge
Bakers reply that Judge Claypool could