The Hartford republican. (Hartford, Ky.) 18??-1926, 1915-02-05
ELECTION CROOKS
TO face TRIAL
Anderson 0verrules Demur-
rers in u Cases.
Court Holds Federal Government
Has Indication Over Vot-
ing Machinery.

indianapolis, Ind, Feb. Hold
ing that the Federal Government
has jurisdiction over election machin-
cry. Judge A. r. Anderson, in the
United States District Court here TO-.
day, oyerruled the demurrer filed by
Dom M. Roberts, Mayor of Terre
Haute, and twenty-six others, to the
Indictment charging them with con.
spring to corrupt the election Of
November 8. 1914. in Terre Haure.
The twenty-seven include Dom NJ
Roberts. Mayor of Terre Haute; ELI
H. Redman, Judge of the. vigo Coun-
ty Circuit Court; Dennis Shea, vigo
County Sheriff, Thomas Smith, City
Judge; Harry s. Montgomery, presi-
dent Of the Board of Works; Elmer
E. Talbot, City Controller; George
Ehrenhardt, member Board of Works;
John Masselink. Inspector of Seals
and Measures; Edward Driscoll, en-
ploye of City Engineers Office, and
Hilton Redman, attorney, son of
Judge Redman.
In the arguments. Representative
A. o. Stanley. of Henderson, KY, for
mer Judge Frank s. Roby. Finley P.
Mount and Clarence s. Nichols, for
the defendants, contendedr that che
court has no Jurisdiction; that the
supervision of suffrage is State
right. and that the Indictment was
illegal from a technical standpoint.
Frank C. Daley. United States Dis
trict Attorney, defended the indict-
ment for the Government, citing many
Supreme Court decisions in his argu-
ment.
Total Of 128 Defendants,
A total of 1875 men were named
in the indictment, but only 115 have
been arrested to date. OF these eish-
ty-three have entered pleas Of gull
ty. five not guilty and demurrers we're
filed for twenty-seven.
March 8 was the date fixed for the
trial after the twenty-seven had
been arraigned and all pleaded not.
guilty. The defense asked for March
s at the request Of Representative A.
o. Stanley, of Henderson, KY, chief
counsel. who did not want to begin
the trial until after the adjournment
Of Congress on March 4.
Former Judge Frank s. Roby. of
counsel for the defendants, was
given five days in which to file brief
in support of a motion for bill of
particulars.
Judge Anderson. in his decision.
said that the theory of the Govern
ment is that the right to vote for
members of Congress and the United
States and the right to act as election
officials at such elections are guaran-
teed by the Constitution and laws Of
the United States, while the demurr-
ing defendants contend that such
right is given exclusively by the
State. The court then quoted Arti-
Gle /, Section 2 of the Federal Con-
providing for the election
of Representatives, and the seven.
teenth amendment to the United
States Constitution. providing for
the election of United States Sena-
tors and the act of Congress Of June
4. 1914. providing for a method for
the election of United States Sena-
tors.
The fourth and final count in the
the Judge said, was prac-
tically the same as count three, only
the scheme to defraud was describ-
ed in different language. In the
count Dom M. Roberts is charged
with placing a letter in the mails for
the purpose of executing a scheme to
defraud, and that the other defend
ants aided and abetted Roberts in
placing the letter in the mails.
All Of the twenty-seven for whom
demurrers were filed were in court.
Mayor Roberts and Judge Redman
had seats at the counsel table with
Stanley.