Democratic Sentinel, Volume 16, Number 3, Rensselaer, Jasper County, 5 February 1892 — Page 1 Advertisements Column 4 [ADVERTISEMENT]

If Dt dl -T Ha B n Indict, d.

“Samui 1 E. Perkins, Simeon Cov, Henry Spann, John H. Couuseliniiu, Charles N. Mbtca.i, W A. F. Bernhi-.mer and John L. Reardon were jo ntly indicted for oonspiringto i coomplish a certain object, their purpose not being, however y to affect the congressional e’ection. Dudley’s indictment under the fi st oharge of Woods was certain. A certain republican member of the grand jury stated before the ( hr stmas holidays that an indictment would positively be returned against Dudlev If Dudlej»had been indicted, facts would have been elicited that wo’d have compelled the l ,di tment of Benj min H rr son, and the proof could have been brought much closer to him than to Dudlev, independently of the evident e that the explosion of Dudley’s dynamite would have furnished. The outlook to Benjamin Harrison immediately following his election was really most distressing. Thai he comprehended the situation and realized that Dudley’s dynamite was directed at him, a brief glanoe at a few facts in the history of theofoder *1 courts of Indiana will show conclusively: “First, Benjamin Harrison is a lawyer, and it is conceded on all sides that he is a very able one He is familiar with the praotioe of the federal oouvts and especially with thecriminal praotioe. He was counsel for the government In the Jennings oounty oase when oertain men were indicted for conspiracy to corruptly influence the eleotion of members of congress. These men were, of course. Democrats.— Jndg* Gresham .presided in the trial of these cases, and was savagely oriticised by Mr. Marrison beeause he discharged the jury that had been packed by a republican deputy U. S. marshal, and ordered a new venirs to be composed of half democrats and half republicans. These trials resulted in the conviction oi one demoorat.

The Cases of ’B6. “Coming down to the election frauds in Marion county in 1880, the grand jury having faile i to indtot, proceedings were begun before U. S. Commissioner Van Boren. The defendant, Perkins, raised the question of jurisdiction by means of a petition for habeas corpus. Judge Gresham held, on the fa ts as stated, that there was no offense against the United States, it being clear and manifest that the only purpose of the crime alleged was to afleot the electio of a criminal judge in Marion county. Foi this decision Judge Gresham was roundly denounced. W. H, H. Miller was counsel for the go ernment In this proceeding. The effort to secure the indi tment of Pe kins, Cov, et ai. for cons irac w,s continued i the hope that Judge < resham’ deois on might b.' got round in some wa. It will be remembered that Millm was p tieu’arly active i i this nterpriae '1 he tesuit whs the indictment of thes ar* es. Cov forfeited h e re. oognizanoe and applied for a writ o * h - beas corpus as ludee Grev-b ,m’s op’nion in the Perkr ’ c se indicat'd that, on the facts st ted iu Cov's petit on for a writ of habeas c rpns Coy would e released and all h s co-defendants dischar g'd But Jndg (> resham declim d to h m the application an referred it toJudge Harlan. While uflge Gre ham is fr..e to pass on every question that comes before him on the bench and evades no issue, however unp'ensan , he is just as free to give the s preme court nd his judicial sttpeiiors e o y opportunity to review his action, and when overruled he submits to the decision of the higher c<m t, whet er right or wrong, very gracefullv. The most righteous decision he evermade was rever ed by the supreme court, and this was in a ease in w ioh there was very grave doubt whether the defeated party w s entitled to nn appeal. “Jnsti e Uarlin came !o Indianapolis, heard Coy’s netition, refused the writ, remanded Coy to the custody of the marshal and pronounce 1 his opinion, whioh is to be found in the said reports. He said, among other tilings: ‘Still the inquiry remains as to the in <-nt with which the legislative depnrtmeni enacted these laws. In giving effect to she i nle tnat pe nal stat: tes must be strictlv construed the courts must not disregard the kindred rule, that the intent of the lawmakers is to be ga herod from the words employed, governs in the construction of all sfptuteP, It was said by the supreme court of the United States speaki g by Chief Justice Marshall in IJ. S. vs. Willberger <o Whet.. 76-95) that “though t en tl Jaws are !o be construed strictly, they are not to be construed so st icily as to defeat the obvious intention of t e legislature. Themux'm is not to be so applied as to narrow the words Of the statute to the exclnsion of cases which those words, in their ordinary acceptation, or in that sense in which the legist ture had obviously used them, would comprehend.’” The First Charge Good Law. “Subsequently, the supreme court of the United States held these indiotments good. Judges Harlan and Woods were sustained. Jndge Woods’ first charge in the Dudley c >Be was in line and keeping with Jndge Harlin’s opinion to which I have just re erred. With such an opinion as a guide to a judge starting out as vigorously as Woods was with his first inst notion, some mighty big game was Bure to be tr< ed. The evidence would have been forthcoming. Here was an < lection ih which votes for congressmen and electors were bought by the . holesa'e, while iu the Coy case, it was admit, ted on all ha ids, that there was no desire or purpose to ahect the election for congressmen, the sole object being to seenre the criminal judge of Marion county It may be that Judge Harlac now agrees with Judge Woods’ second charge, but if so, he departs from the position taken by him in the < oy case anil in which hi delivered a written opinion. “The Gre«ham people have no war to make on Jndge V oods. They are not taking a hand in this fight on i im. They really sympathize with him and have confidence that, no matter whether he is confirmed or re ! . ains where he is, his judicial course in the future will be as circumsi ect and proper as any one conld wish for,

HYMENIAL.

Mr Jjssk S. Grubb and Miss Maude E. Benjamin were married last Wednesday eveuiug, at 8 o’clock, at the residence of Mrs Mary E. Hopkins, aunt of the bride. The teremouy was performed by Rev. T. F. Dr-ke. • About sevent.-five or eighty guests witnessed the ceremony, among whom were relatives and friends of the bride and groom. Music was dispensed by the Orph n- Banjo, Mandolin and Guitar Club, which a peculiar charm to the occasion. Congratulations were offered amid -weet trains of mnoic, and after a hii hour spent in social conver sat ion the guets were served the best refreshments t.e markets afford. After viewing the fine array of bridal presents and wishi. ,-j the happy couple a long and prosperous life together tho guests dep rted to their homes. Tt e groom is oar popular express agent, and has resided in this place a nnmbei of years, in whioh time he has made many friends, socially and in business capacity. As a bus ness man he has proven himself honest and trustworthy; socially he h >s bofne himself as a gentleman. Miss Benjamin is the daughter of Mrs. Charles B. Benjamin. She was born and