Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-26
SAYS HARTMAN
KNOWINGLY HAD
FRANCIS VOTED

I
Mr.. Hartman also filed two replies, one
to the second paragraph Of Wilmeth' s
answer and one to-the third paragraph
Mr.. Wilmeth alleges that on the day
of the primary election Hartman COM
mitted the following otfenses against
the laws of the State of Indiana and
against the purity of elections:
That the relator brought and ac-
companied one Francis, alias Frank
Moore, and a PRESIDENT of the State
of Indiana, a known thief, to the polling
place of the Ninth precinct Of the
Fifteenth ward of said city in which
relator then resided, and knowingly
voted and caused and aided said Francis,
elias Moore, to vote In said precinct as
resident of REALTORS home In said pre-
cinct when in truth and fact said Francis,
alias Moore, was not a resident of the
REALTORS home and was not a legal
voter of said precinct, as relator well
knew
"Relator attempted to Illegally vote in
the Fifth precinct of the Fifteenth ward
in said city, when In truth and In fact
relator was at said time a resident OF the
Ninth precinct of the Fifteenth ward OF
said city and not resident of the Fifth
precinct of the Fifteenth ward.
'Relator interferred with the election
held in the Fifth precinct Of the Fifteenth
ward in said city and attempted to infu-
ence and intimidate the challenger, poll
book holder and others representing Re
publican candidates for nomination to be
made at said primary and the election
board Of said precinct to permit Demo
cratic voters of said precinct whose names
are to this defendant unknown and who
had demanded Republican ballots to vote
the Republican ballot and vote for the
nomination OF Republican candidates for
nomination on said ballot, when In truth
and in fact as relator at the time well
knew said voters were not entitled TO
lawfully demand or receive or vote Re
publican ballots at said primary election.
UNLAWFUL
, ACTS CHARGED.
That relator was guilty of the follow
ing unlawful acts with the intent anoA
, purpose to improperly and unlswfully In
fuence and control voters at the primary
, election held in the city Of Indianapolis,
at which relator alleges he was nominated
, as the candidate of the Republican party
to be voted for at the election to be held
in said city ON the Sth day Of November,
1921 to-wit:
THAT on or about two days before said
: primary election was held relator prom
J Used one Ed Ebaugh and others, whose
, names are to this defendant unknown,
the sum of IS each to work for and aid
and promote him and his candidacy as
such judge on said primary election day,
and that said Ebaugh and said other
persons, whose names are to this defend
ant unknown, worked, aided aud pro
NOTED the candidacy Of relator on said
primary day, but relator failed ana
neglected to pay said Ebaugh and said
other persons, whose names are to this
defendant unknown, each said sum Of So
for working for him and aiding and pro
noting his candidacy on said primary
election day and failed and refused to
state in his statement Of expenses in
CURED by him during his said candidacy
for said primary and for and after h.
said candidacy in any way connected
with the same fled by him with the clerk
/ of the said city Of indianapolis the fact
that he had made said promises and had
failed and refused to fulfill said promises.
That relator caused one Frank Francis
alias Moore to act as political agent In
his candidacy and campaign In said pri-
mary and said Francis alias Moore was
not at said time a citizen and resident
of the State Of Indiana.
THAT relator had one Frank Francis
/ alias Moore, to act as his political agent
in his candidacy and campaign in said
primary without appointing him thereto
In writing and without any written ap-
pointment Of said Francis alias Moore
having been made and signed by relator
or filed with the clerk of the city Of In
dianapolis or elsewhere"
. Mr.. Wilmeth contends that by reasonR
of the foregoing acts the relator had dis
qualified himself from holding said nomi-
. D "a
ANOTHER SUIT ASKS
NAME KEPT OFF TICKET.
, The situation was made more con-
, fusing when I. Earnest Maholm as coun-
sci for Patrick Boran, described as a
voter and a taxpayer, filed a petition
before Judge Harry Chamberlin OF the
7 Circuit Court at noon today, asking that
: the court enjoin the election commission
ers from placing the naIue of Wilmeth
on the ticket
This proceeding is similar to the one
| settled by Judge w. W, Thornton Of
Superior Court, Room l, late yesterday
when the court refused to grant such an
injunction on u petition presented by
Charles Belt, aud dismissed this petition.
In the petition Of Mr.. Foran, counsel
I appears to have corrected defects which
were pointed out by Judge Thornton as
existing in Belts petition
, Foran claims that Mr. Hartman was
the duly nominated candidate and claims
that he (Foran) has the right to cast his
vote for Hartman as such nominated can
didate and claims that he is DESTROYS
of voting for J. Herbert Hartman"
| He claims that he has been informed
: by Hartman that If elected he will quail
ify as Judge.
, Judge Chamberlin has not taken action
of setting the petition for hearing as
yet.
To obtain evidence supporting the
charge Of Mr.. Wilmeth, Martin Hugg
! counsel for Wimeth as an intervening
petitioner, asked the court before ad-
journment last night to issue an order
for the taking Of a deposition OF Frank
B';~ncis who is now in jail at Louisville,
and whose confession caused the scandal.
, Counsel for Hartman objected to such a
procedure and Judge Moll did not Issue
he order.
BURDEN OF PROOF
FALLS, ON WILMETH.
This unexpected turn in the proceed
ings after Judge Moll had admitted the
answer Of Mr.. Wilmeth as q defendant to
man against the election commissioners.
now places the burden of proof upon Mr.
: Wilmeth
, While Judge Moll was hearing the pre-
liminary steps in the mandamus pro-
ceedings, Judge w. w. Thornton of
, Superior Court, room 1, refused to grant
Clarence w. Belt as a taxpayer and q
. voter, an injunction preventing the cleo
ton commissioners from putting the
name Of Wilmeth on the ticket Judge
, ! IhnFnfOn ha q