Democratic Sentinel, Volume 13, Number 12, Rensselaer, Jasper County, 12 April 1889 — Page 4

£emocr<tfa ffilDAl APRIL 12 i 889 Entered at the postoii-e at Renaaelaar, Ind. aa second-vasematter.)

Halsteid excoriates the republican senators who refused to confirm his appointment to Berlin. — “When rogues fad out,” etc. Mr. Cleveland denounced ‘trusts’ as ‘conspiracies’ no matter by what name they majr be called. Just now the twine ‘conspiracy’ is irritating the farmers. Just now the farmers are worrying over the twine tru it. The adoption of the Mills bill and the re election of Mr. Cleveland wo’d have pr evented the worry. The Clay county coal operators have just notified their miners that they must submit to a reduction of over 15 per cent, in their wages, beginning May Ist. Before the election they were told the. success of Harrison would result in an ir crease of wages.

Wa understand the first vote of the jury in charge of the Girard case, resulted in 5 for acquittal to 7 for conviction. The political complexion of the jury was, we believe: Kepublicans 10; Democrats, 2. The Republican is not satisfied with the verdict. It seems Girard voted the Democratic ticket. In response to the request of a number of our readers for the entire ‘interview’ with Judge Claypool in reference to the wholesale quashing of indictments against violators of the election laws, we yield most of our spsce to-day to that paper. It is a readable document. Of course the party that stole the presidency in 1877 will not punish those who placed them in power, by criminal methods, in 1889.

A Great Quasher Quashed.

[From Bth page- concluded.]

“How, as to what Jvdge Wooes says about ‘having *ev «*ral converse’ tions’ with me before his first instructio s: Preceding the election an affl davit was prepared against Dudley, charging the crime of advising brib ery of voters. On the day of the election some charges were mad n for the ‘attempt to bribe.’ Early in the day I heard hat in the opinion of Judge Woods this was no offense.— I went to him and found this rue. At the outset of his conversation with me on this subject, he remarked: ' You are all right against Dudby.’ I responded: Judge, you make me happy. H* is the fellow lam ater ’ but proceeded, saying further: Judge, do you mean that to advise bribery is a rime, and io attempt bribery is not a crime?’ and asked if such condition of the law would not ‘cuiious.* He answered. ‘lt might seem so at first view,’ or in subs’aned this saying farther. ‘But there was some wisdom’ in it, being a phrase like that used in this connection in his firs 1 instruction. He then proceeded to explain the use of the word *aU tempt’ in the last elause of sec. 5,511 in a manner similar to the manner in wnich he did the same thing in his first instruction, to show how *advis ing bribery’ might be and was a’cirme, without the ’attempt to bribe, * being a crime. At that time I had not gone into the analysis of the statute and studied it as closely as the judge seemed to have done, and I remarked te him: ‘You may be right about “attempting to bribe” not being an offense. He thinks I expressed myself more strongly. It is not unlike* ly that 1 did, but whatever impression the judge made upon my mind did not abide with me long, f r the jndge knows that during the course of the investigation of the jury, I, at the request of the jury, called his attontloh to this subject again, more particularly to the specific subject of an attempt to vote illegally, I was so gratified at finding fha. he ag eed with mo on the law applying to Du .> ley’s case, tha I did not car* to continue the debate on the other Doint. This was the first time that the name oi Dudley passed between Pudge

Woods and myself, and the first mention was by him. A few davs later, during the week of the election I heard that the mind of the judge was in doubt on the subject of ‘advising bribery.* 1 sought and nid a conversation with him and found that my informatio » was correct. In this conversation he said: ‘lf 1 advise you to commit murder and you do not do it, am Igu lty?‘ ‘No; but suppose the statute said “whoever advises another shall be punished by fine ar.d itn prisoument ” then what say you judge?* Understanding the judge to assent to the proposition that under such a statuto, advising or ur*ier wu*d be a crime, I then added further‘this !n form is what sec 5.511 does*—quo-* tin from the section to illustrate. But few words j asset! between us -

After a little talk the judge saia he had asked or would ask the o inion cf Senator McDonald. Soon after I heard this had boon done and that Mr McDonald's views accorded with my own. I had no other conversa t on with Judge Woods en the subject of the election eases until after the judge's first instructions, and was not present when tnese instructions were delivered. During the first part of the juryis investigation I was out of this city. The jury came tog-thoi first and were first instructed on the 13th or 14th of November, 18S8.— Having an appointment from tae de partment of justice 1 gave some attention tj matters before the jury, more especially to Dudley's case during the last week of the jury's sitting, preceding their adjournm nt the Saturday evening before Christmas. Late in the evening of this day the jury a ked instructions on this pro position * Whether the jury could indict for advising a person, to ■ Injury unknown, to bribe voters’— When the inquiry was submitted through tho attorneys for the government, the judge respoided. ‘The jury want me to do what it is their business or duty to do; indict Dudley if he is to bo indicts . Their shoulders are broader than mine.’ This may not le the precise words but it is the sal-stan e, and, as 1 recall the lan uage used. I remarked: ‘No, judge, the jury ask a simple legal question.’ The judg declined to answer the question, saying this brought up a question farther back about which he was not satisfied, and being asked what, he responded: Whether simply advising bribery •was an offense.’ Thi was the first intimation, since the first ins ructions were given, that the judges views were not settled, and us expressed in those flrstinstruotions. If at the time of the first instructions r>is mind was not so settled, why so much labor and elaboration to show how the attempt to biibe might not be an offetse, and ‘advising bribery’ be an effens- and why such repeated and emphatic declaration that the first was a crime and the latter not a crime? Again, why was this quee tion said to have been reserved for forth- r investigation and instpjct’ons touching a point in which most public interest centered, suffered to run along nom Nov. 13 to Dec, 25 without further investigation and in

structions, and ail this too in the face of the fact, which must have been known to the judge, that the grand jury and the public press understood the first instructions to bo as inter* preted by me and as only they can be fairly interpreted? In the light of these facts can it be supposed that for six week and mor .• the attorneys of the fiovernment were moving along in darkness as to the law? The fact Is, as lam convinced, the judge did not begin further investigation until after that question came from the jury. I submit that in the light of the foregoing facts, ‘ the question of advising bribery’ had not been reserved lor further investigation as to law. but further investigation was instigated by tnat ‘question of questions’ from the grand jury. “Coming again to the subject of quashing indictments, it is hard to avoid the belief that ‘cautiot’ had something to do with quashing the indictments - the same -caution’ that lodged the judicial mind on the side of offenders a t ainst the election laws on three disputed points, in two er which he was certainly wrong, and in the third scarcely less clearly wrong. That cautin’ which made him decide that te attempt to vote illegally,’ ‘ro attempt to bribe’ and ‘to advise bri bery’were neither crimes; in every instance narrowing the field for the investigation of such political offense . As in the matter of quash! g indiotments, the oor was opened for the escape of numerous offenders. It is said the most of the persons indieted were republicans.' If they had been democrats, and if, as a matter of fact, a ratal formal defect had been discovered in the indictments, is it likely, after the discovery of the fact, the work of quashing indictmcafs and discharging the indicted parties wo’d have gone on te the number of near 150, in some cases allowing offenders who live out of t is state to depart? Is it net more likely that the work of quashing would have stopped and the indicted parties been permitted or required to stand oa thelijrecognizane es until after the grand jury might be call’d back to eorreot the indictments ? This is proper practice and is often done. In state courts it has not been usual, when indictments are quashed for formal defects, to discharge the accused. Am I wrong in this? Criminal prosecutors answer. In Coy s case the grand jury was called back

But it is said that in this case the 1 indictment had not been quashec. The mistake in ihe indictment was j in describing a ‘tally sheet —a mis-; take in a ‘matter of fact.’ In tk e , election cases the mistake, if a mistake, was a mistake in a matter of form. Therefore, the better reason for recalling the grand jury to correct the form'd mi c takes. if ths grand jurv is not recalled in these election eases it will be hard to relieve the parties having the po ver and right to recall the grand fury from an imputation *hat some po litical bias has been and is yet controlling and shaping ‘action’ in the cases. To iay this is no reflection on the integrity cf any one, and is not so intended. Bu* the effect of such bias is known to all. The presidential commissi'n was composed of great and honorable men, yet every one in his decision fell on the side of his party, and now, and all along, with rare exceptions, courts have divided and do divide on questions of law involving politics; each judge according to his politics. And lam sorry to say it, the judge who does tot so decide is d?nounced by his party. “If the district attorney does not ask that the jury be recalled, the court may do so of its own motion. During my short connection with the grand jury it came and went under the direction of the court, without regard to my wishes, except at oim time when the jury wer* permitted io go, on my suggestion, but were immediately ordered back by the cc urt, without any suggestion from me and against my wish. There can be no excuse for not recalling the jury. It cannot be supposed that all those indictments were found by a mixed jury without evidence to support them. There were not democrats sufficient to find any indictment without the votes of some republican members. Let the jut’ be recalled and the indictments corrected, as can be done in a few days, at Jittie expense. Let some good republican lawyer b? appointed to assist in the prosecution, like William P. Fishback, Maj. Calkins, A. Cl. Harris, or others who might be mentioned, for the purpose of giving the sanction of the present administration to the prosecution, as the sanction of Cleveland’s administration was given to the prosecution of the tally sheet c ses; and I promise that the result will reveal to the public vision a shocking amount of crime against the election laws which ought to and which will, under such prosecution, be punished. There is as much call for such action now as there was in the tally sheet cases After making all due allowance for political prejudices, he who will not lend his support to punish such crimes against the election f ranchise is a moral coward, and he who would, directly or indirectly, purposely assist such offenders in escaping punishment deserves only the scorn and indignation of honorable men of all parties ”

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