Daily Tribune, Terre Haute, Vigo County, 24 March 1915 — Page 7

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charged to the brewing company. He was asked by District Attorney Dailey if he was afraid that he would be harassed or any of the saloons which sold Schlitz beer would be harassed if he did not donate. Reilly at first said "No." Dailey elaborated on the question and asked if Reilly did not consider that he might be annoyed if he did not donate. The witness finally said that this might have occurred tc him, but he smiled and deprecated the question.

Mr. Gagg's Testimony.

Major Gagg said that he was secretary of the Wabash Realty Co. lie said Crawford Fairbanks was the principal owner and stockholder. He was asked if Mr. Fairbanks made a donation to the campaign fund. He said that Mr. Fairbanks gave him about SI.500 which he gave to Maurice Walsh, treasurer of the democratic county committee. He was asked if at the time he informed Mr. Walsh that $500 of this was from J. C. Kolsem, 5500 for the Wabash Realty Co., and $500 from Mr. Fairbanks. The witness ^aid he did iot.

He was a3ked where he was on registration day, and replied that he was »,in Peoria. 111. He said that he left a registration absentee blank filled out to be given to E. H. Redman to file for him. He said that he voted on election day, and when asked if he did not know that Mrs. Stimson objected to his voting because he was not registered he said that he did not. He said that he thought Mrs. Stimson objected to his voting for the reason that his name did not appear on her poll book. He said that he had left his absentee voter's blank properly filled out, that he lived in the precinct for years, and that he did not understand it that way, that Mrs. Stimaou objected to him because he was not registered. He said that he supposed she was objecting merely because his name did not appear on her book.

J. E. Thomas was next called and said that he was on the board in A, of the First, as republican clerk. Dailey read a list of names of supposed illegal voters. Thomas said that the names of Kersey, Strauble, Cauthorn and Linton were those of men who lived in the precinct and who ha/1 a right to vote. He said he could not say that there had been any fraudulent votes cast.

Dan Albin said that Alexander Steele had come to him twice since the trial began and asked him not to "be too hard" on him v/hen he took the stand to testify. Steele is one of the men who Judge Anderson sent to jail yesterday for contempt of court, it being intimated that he tampered with witnesses. Albin said that yesterday Steele asked Albin if the latter knew if Was Grozzi was mad at Steele. Albin said he did not know. Grozzf is the Rumanian boy who said that Steele persuaded him to register and vote.

Mitchell Called.

Once during the morning Judga Anderson threatened to clear the court room if there were any further demonstrations by the spectators. He said he would not be continually rapping for order. The court also admonished A. Q. Stanley, chief counsel for the

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defense, to confine his cross examination to questions and not be offering comments.

Wesley Mitchell, progressive election sheriff in Precinct C, of the Seventh ward, the foreign quarter, described how he shot Peter Feiler, a deputy sheriff on election day. Feiler later died and Mitchell is out on bond pending his trial. Mitchell said he ordered a man to get outside the ropes, but that he came 'back again and demanded Mitchell's authority. Mitchell said, as he started to produce his credentials the man grabbed him. Then he said some one behind hit him on the head and he reached in his pocket and fired, without taking the weapon from his pocket. He said he did not know until al'terwand that the man was Feiler. He fell from the blow on the head and was beaten, his head oeing bruised and his jaw broken, while on the ground.

Mitchell also told the trouble he had with Steele, who he said was trying to rush illegal foreign voters into the polls. Previous witnesses have testified that Shea sent Feiler "to get Mitchell if he had to use his gun."

Dr. Madge Stephens Called. Frank M. Watts, a special detective, testified that Roberts had him placed on the city police force in order to spy on U. S. marshals who were in Terre Haute summoning witnesses to appear before the federal grand jury. Watts said he reported to Roberts, but had never received any pay.

Dr. Madge Patton Stephens, who held a poll book in Precinct C, Seventh ward, said she "scrapped with Steel" all day over rushing voters through. She told also of the Mitchell shooting,

Watts when examined said that he had followed Marshals Barnhart and Miksell around Terre Haute, but never followed Marshal Rankin. He said that when he went for his money It was after Holler and Nugent had resigned from the department and Mayor Roberts told him he would have to look to them for his money.

Elmer Conover was recalled but said he could not find the letter that was specially delivered to him the night before election and which was supposed to be the letter bearing the restraining order from Judge Cox's court.

Challengers Driven Off.

Erwln Brlggs, a brtakeman, satd that, he was a challenger at C, of the Seventh, and that Nugent knocked him down when he challenged several voters.

Dr. Madge Stevens said she offered her services to Mitchell and Pete Feiler thought she was speaking to him. She said Feiier turned to her ami paid: "He shot me here but I'm all right."

J. J, Jones, colored, who said was ninety-one years of age and who looks it, said Joe Strouse told him that it would be to his benefit to vote the way Strouse told him. He said he did and was given a card on Jack Stingley and the latter gave him four half doilni^. He said he did not belong to the same ''political denomination" as Strouse but he attended the colored club meetings and drank beer there. Percy Archibald said that he was a watcher at ibe polls in the First ward and had been ordered away by Joe Strouse, who told him that he could not be a. challenger because he was not a. householder. Me aid Strouse pushed him aside.

Registration Matters.

Work done, ori registration and naturalization entered into the testimony of the foreigners who were caUed to the witness stand. Rurson and Alban saifi Steele came to I hem shortly a fter they had pleaded guilty and told them they had made a mistake In pleading guilty and that, they should change their pleas to not gulltv.

On March 13, after they had been subpoenaed as witnesses, both testified Steele came again to theim separately and requested that they be easy on him. Steele, the witness said, told them that the four foreign boys who testified the first week of the trial had told enough to »md him to the penitentiary.

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Alban said Steele asked him "not to tell all he knew" and Burson testified that Steele requested him to see the four foreign boys and induce them to change their testimony.

They also told of a scheme whereby a number of foreigners were given naturalization papers for $1, which was passed to the deputy county clerk by the foreigners and from the deputy back to another foreigner.

Day of Thrills.

Sheriff Shea, City Judge Smith and Steele spent Tuesday night in the Marion county jail in the custody of Sheriff George V. Coffin, who denied admission to all except those who bore an order from Marshal Mark Storen. They were not courtesy guests, either, with the freedom of the jail, but were locked up in cells !n United States row on the second floor of the jail. I To the Tribune man who called to see the Terre Hauteans Sheriff Coffin said that the government was so strict with its prisoners that it would require a written order from the marshal to see I them. At the suggestion of a telephone order from the marshal, if it could be secured, the sheriff said that such a* order would not be recognized. He was very courteous about it and expressed regret at denying the request, but s*:id his orders were so strict that there could be no deviation from them.

The order to the marshal to take the three men to jail came as the climax of a day in the federal court that was full of "thrills." Throughout the day I the impatience of Judge Anderson had been manifest at certain facts brought

On cross-examination Mitchell said that while he was on the ground that Alexander Steel put a gun to his head and that "One-Round" Riley struck him and swore at him. He said that he appealed to a policeman to save him, saying that he was then in custody. He told how he had been arrested and in|pointed dicted and that Nugent and four policemen came to his house for him in the night. He said they had no warrant. He told how he was locked in soli|with tary confinement and said that he was never given any bed covers at night. He said he had no feeling against Feiler and did not know him until Feiler approached him and tried to take his election sheriffs papers from him.

out in the examination. This came

TERRE HAUTE TRIBUNE

a head when the testimony of one ot the seven prisoners taken from the Vigo county jail showed that it had required an extraordinary writ, a writ of habeas corpus and testificandum from his court to bring before him six men defendants In (the cas« on trial, from the Vigo county jail to testify in the case. He had asked a number of questions regarding the matter before he dismissed the jury for the day and when the door had closed I behind the jurors the air was charged excitement, for "everyone's I bones" seemer to tell him that something was about to happen. The judge I removed his glasses and gestured with them to emphasize his remarks. He said:

Anderson's Speech.

THE COURT—Gentlemen, it has appeared in evidence in this case that while the grand jury in this court was investigating this offense, that one of the prominent defendants in the case came to Indianapolis, invaded the federal building, and for a considerable time, before it was found out, took notes as to who was passing In and out of the grand jury room. It has appeared In evidence here that after a witness named Godfrey had come before the grand jury and testified. Frank Hess came over here at the instance of some of these defendants and sought to bribe him to run off and leave tho jurisdiction of this court and noi. testify. Hess has testified to It before this Jurr. The district attorney knows that these are the facts. Hess was arrested for that offense and he confessed and he has testified to it before this jury. One witness has testified thut the defendant Roberts sought to influence him to commit perjury In this court. It Is fair to say. at present, that Roberts has not had any chance, yet, to deny that. A little foreign boy named Was something—

MR. DAILY—Was Grozl. THK COURT—Tes—came Into this court and testified, and the court and everybody In the room knew It was true, that the defendant Aczel (Steele), between adjournment Friday evening and the convening of court on Monday morning selezd this small boy and dragged him from the light into the darkness and sought to Influence hnn In his testimony In this cotirt. The court knows that while the grand Jury was In session and this court Investigating this enormous crime, certain or thn defendants in this case Impaneled a gang errand lury down In Vigo county and undertook, right In the face of the investigation hv this court, to drag the witnesses in this case before that grand jury for the very purpose or ascertaining what thej' testified to here. And some of the witnesses In Terre MM iite fled to Indiana.polls with the documents and papers which they had, and which they had testified about hefore this grand jury, to keep th"** gentlemen from seizing them, and the papers, which were evidence In this cn.pe. And now, after this court notified thesp defendants, and every one of them were present, here on arraignment day- after this court, notified

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fendants that every person who had "nlHy In this ease were under the custody of this court and they were warned not to tamper with them, what do we find? We find Ihnt. seven witnesses are confined In the Vigo county jail, and that when the time comes to have them testify here, they have been brought here under an extraordinary writ, and it transpires that one of them, a small hoy, v/as put In the Jail on the charge or carrying concealed weapons, I believe It was, in the face of all this evidence of occurrences In Terre Haute, and other Instances which I do not now propose to take time to Investigate.

Now, every one of these gentlemen who has had any part In that Is guilty of a gross contempt of this court, anil It I shottltt do my duty I would order

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Dennis Shea and this man Aczel and Thomas Smith, every one into the custody of the marshal and put them In the Marion county jail tonight and keep them there and bring them into court in the charge of the officers during this trial. I think it is my duty to do it, but I warn these gentlemen now that 1 will take no more chances, and that the next time there Is any evidence here that any of these defendants have been tampering with any of the witnesses, I am going to put trie whole 28 of them in Jail, and I am going to keep them there while this trial is going on. Now, you gentlemen understand that, and I mean what I say. Here are seven instances of gross contempt of this court since this proceeding started. What is Aczel's bond?

MR. DAILEY—Twenty-five hundred dollars, your honor. THE COURT—Have you investigated that matter further?

MR. DAILEY—Yes, and will put two witnesses on tomorrow to show that he has tampered with other witnesses, your honor.

THE COURT—I will order him into the custody of the marshal now, to be put into the Marlon county Jail, and I will raise his bond to five thousand dollars. What is the sheriff, Dennis Shea's bond?

MR. STOREN—Ten thousand dollars. THE COURT—What is the bond ot Thomas Smith?

MR. STOREN—Seven thousand five hundred dollars. THE COURT—I am of the opinion that it is mv duty to put these men in Jail. If I understand it right, this police judge, whose father-in-law keeps a house of ill fame In Terre Haute, as I understand it—

MR. DAILEY—-Yes. THE COURT—He is the police Judge in Terre Haute?

MR. DAILEY—That is correct. THE COURT—And the evidence shows his father-in-law keeps a house of ill fame?

MR. DAILEY—Yes. THE COURT—This man, after he was notified of this thing, when these defendants pleaded guilty, put one ot the witnesses here, in jail, for carrying concealed weapons—am I correct about that? .VIR. DA ILE Y—Yes.

Raises Smith's Bond.

THE COURT—After I had warned him. I will raise the defendant's Smith's bond to ten thousand dollars. I will see if we cannot prevent his interrupting the processes of this court, and the marshal will take charge of him. Nov-, of course, Mr. Shea is yet to have his side of the case shown before the jury, if there is any other sldo to it, but a more brutal. Inexcusable lot of outrages as have been testified to here I have not heard of In any civilized community. You say his bond Is ten thousand dollars?

MR. STOREN—Yes, your honor. THE COURT—The marshal will take charge of Mr. Shea tonight and keep him and bring him into court tomorrow morning and I will decide then whether I will increase his bond. Now, I want .these gentlemen to understand —and I mean Mr. Roberts to hear this, as well as these other gentlemen—I want all you gentlpmen to understand it—I don't particularly want you to understand it, but I am telling you, that there is some law in this country, and that the next tiling that I hear ot I am not going to take time to investigate it—the next tiling that I hear of about there being any tampering with any or the witnesses in this case —the government's witnesses—I am going to put 'every one of you gentlemen 111 jail—every one of you—and keep you there during tills trial. You say there are two other witnesses that Aczel has sought to tamper with?

MR. DAILEY—Yes. your honor. They have not testified yet. Their testimony will come tomorrow and thev will testify to his approaching them.

THE COURT—The marshal will take charge of these three gentlemen and I shall investigate some other matters I hat, I have heard of, and I will try to demonstrate to you gentlemen that the.rn Is some law in this country. We will now adjourn until tomorrow morning. "One-Round Riley.

One of the most dramatic scenes of the day occurred during the examination of Carl Rlckelrnan, of Indianapolis, a boxer with the sobriquet of "One-Round Riley," who testified that he had been hired by John Jensen and a man named Moore to go to Terre Haute on election day to participate in the acts of violence that had been mapped out apparently as a. part, of Uio day's work. Rickelman had testified that he and his Indianapolis partner, Mickey Ford, had had pointed out to them at Precinct C, Seventh ward, by Hilton Redman, the ma.n they had been instructed to "gel" because tie was interfering with the voting of repeaters and other Illegal voters in Precinct (J of tho Seventh ward, kiolcelman said that when Redman poll,tod the man out they were to "get" he had learned his notno was Wesley Mit clinll. "Would you know him aRaln?" District Attorney I/alley asked. "Yes, sir, I think I would," was the answer. "Stand up, Mitchell," said the prosecutor.

Mitchell, who occupied a front seat In the row of chairs provided for spectators, facing Judge Anderson's station, rose from his seat anl faced tho court and jurors, whose sea1* are on the south sldo of the court room. It was a most dramatic effect, and a hush fell over the crowd. ''Is this the man," aaked the distHot

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attorney "that Hilton Redman pointed out to you at Precinct C, Seventh ward, and told you to 'get' because he was interfering with the work of repeating in that precinct?" "It is," replied Rickelman, after looking at Mitchell steadily for a second or two. Mitchell sat down and the questioning continued. During the examination by Dailey Representative Stanley objected to the witness repeating any conversation he may have had with Jensen and Moore when they engaged him, because it was not competent, neither Jensen or Moore being defendants in the case. "I'd advise you to read the 159th U. S. on that point," said Judge Anderson. "The supreme court of the United States has decided that whatever was done in the dynamite conspiracy was competent in proving the conspiracy. I den't know how these men, Jensen and Moore, escaped being defendants in this case, but they were undoubtedly co-conspirators, for they hired these men to go pver and slug people at the polls. Proceed."

Rickelman's testimony bore out the opening statement of the district attorney and corroborated that of "Jack" Nugent as to the presence of Rickelman and Ford in the city on election day. Stanley tried to get him to admit that what Hilton Redman had sat-3 to him was that "Mitchell had a reputation as a bad man, and would create trouble if interfered with," but he declared that Redman said nothing of the kind. It was brought out in the testimony, too, that Hilton Redman had given him a deputy sheriffs badge which he wore the greater portion of the afternoon. Rickelman said that he grabbed Mitchell's gun as he shot Feiler, and hit him. He said that four or five men hit him at the same time, out he said he didn't know whether or not it was his blow that broke Mitchell's jaw.

George Fisher Funny.

"Colonel" George Fisher, the colored republican orator, was the funmaker of the afternoon. The colonel, who said he had been a slave and came to Terre Haute on Aug. 20, 1869, told how George Sovern had tried to get him to vote the democratic ticket at A of the First ward on election day and then "come and see" him. "Under no circumstances," said the colonel, "I told him, could I be hired to vote the democratic ticket, that I was a republican and couldn't be bought to vote the democratic ticket." He was asked on cross-examination, during which the fun came out, regarding a conversation he had with Jack Nugent at police headquarters on election morning in the presence of Sovern. He said Nugent had sent for him and told him he had $10 for Fisher in return for his helping the democrats in keeping the town wide open." "I told him that under no circumstances could I be hired to vote tho democratic ticket as I was a republican." "What did you say to Nugent at that meeting about taking two dollars from him?" asked Stanley. "Yes, sah, yes, sah," said the colonel, "I did have some conversation of that kind with Mr. Nugent that I forgot to tell Mr. Dailey. I said to Mr. Nugent that, under no circumstances could be hired to vote the democratic ticket, BUT," and the capital letters don't half epepress the emphasis the colonel laid on the "but," "if he had two dol lars he cared to gtve me to get something to eat, I'd be glad to take it." "What did Nugent do?" asked Stanley. "I-Te handed me $2 and told me'here's enough money to get your dinner,' and I took It and thanked him and said it was enough to get me a whole batch of dinners." Colonel Fisher drew a laugh from the spectators when he said he was "too superstitious" to accept money for voting the democratic ticket.

Jail Prisoners Testify.

The evidence that led to thn climax of the day's proceedings in the placing of the three defendants In tho hands of the United States marshal was brought out In the cross-examination of the prisoners from the Jail, who had been brought over In the custody of Deputy Marshal Rankin. The government had not attempted to show this In the direct examination, and It perhaps might not have attracted the notice of the court If Stanley had not brought up (lie criminal record of each of the men, naked him If he was not a defendant In the caj»e and hml pleaded guilty. Tills was asked In succession of Ad. Rogers, the first of the prisoners to be placed on the stand, Ernest Myers, Bert Hill and Paul Huen, reached highwater mark in the testimony of Lus»

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coe Baker. The court took an active hand in questioning Baker as to his incarceration In jail. In answer to questions by Judge Anderson Baker said that he had been in jail since December 26, on the charge of intoxication. He said charges of assault and battery and intoxication had been made against him but the assault and battery had been dismissed and he was sent up for intoxication. "Do you mean to say," said Judge Anderson, "that you have been in jail in Terre Haute since December 26, during the months of January and February and until now in March on the charge of intoxication?" "Yes, sir," replied Baker. "How long do they keep a man In Terre Haute for intoxication?" asked the court. "As long as they want to," said Baker.

District Attorney Dailey then told the court that Baker had been placed in solitary confinement by Sheriff Shea in person, who had called him off to one side and told him that he would be so placed, and deprived of all privileges that of communication with his fellow prisoners, etc., adding, "When you get out you can go over and tell Dailey how you have been abused.*' Baker on being questioned by Judge Anderson corroborated the statement of the district attorney.

Chance Testimony.

Baker in his cross-examination de nied having been convicted of several misdemeanors and admitted several others, but did not hesitate when asked by Stanley if he had served time in prison for homicide. "Yes, sir," he said, and told of how he had served four years oi- more in the Illinois penitentiary for killing a man. Baker wa on the stand when court took the usual five-minute recess in the middle of the afternoon, and when the spectators passed out to promenade in the corridor of the building, a man came up to Mayor Roberts and told him that he knew Baker and that he had done time in Illinois for killing a man. The mayor reported this to Stanley and suggested that the question be asked him. Stanley was reluctant to ask it, but finally agreed to take a chance on the mayor's saying, "He can't do any more than deny it." But Baker admitted it without question.

Whenever Stanley brought out facts about the criminal records of any ot the prisoner witnesses Dailey always brought out the fact that the defendants had known of such records before the witness had been engaged to work on the election day program. In the case of Ad Rogers the district attorney made it strong by calling attention to the fact, that Rogers had been arrested for assault and battery on March 5, since he had pleaded guilty in the election cases, but had not been arrested for the assault and battery on William Horsley on election day, which had been done at the instigation of the sheriff of Vigo county. Between times in the afternoon, Hugh Thofnassen. who had testified during the forenoon, was recalled to identify the Bertillon photo of "Chappie" Moran as the man with glasses who had been guilty of giving out name cards at the O'Donnell saloon in Precinct of the Sixth ward.

Ernest Myers, another of the priscners, said he was only 20 years old election day, but had voted fourteen times, first, at Joe Strouse's precinct In the First ward. Bert Hill, another prisoner who followed hlni on the stand, convulsed Judge Anderson with the answer to a. question as to how many times he had voted. He had voted only two times, he said, "as he couldn't be expected to do all the voting." Ernest Myers, who had gone with him, having voted enough for both. Paul Huhn, another prisoner, said he had been convicted of highway robbery, and Dailey asked him If that was the last highway robbery h« had committed before taking paJ&29 the steal of the N.-^ember-r VvANT At was

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brought out in his examination that he had been sent to jail for carrying concealed weapons and Judge Anderson said, "Do you mean to tell me that one of the defendants in this case sent you t«_ jail for carrying concealed weapons?"

Kelty's Testimony.

Thomas Kelty, another prisoner, said he had registered forty times during the first two days in October and had voted six times on election day. He told of being conducted to the voting place in the Sixth ward by a white headed man, and when Pearly McKay was called on to stand up and Kelty said he wasn't the man, McKay had a smile on his face that would cover the "Rabbit Town" precinct and half of that to *the north of it. Kelty still further aroused the ire of the court when he told that, he had been arrested and thrown Into jail on the charge of carrying concealed weapons when he was helping the United States marshal serve^summons. Judge Anderson wanted to know under whose orders this was donev saying he was going to find out anT added impressively, "Mr. Dennis Shea had better take notice."

Leroy Grisham, known as "Kid Leroy," told how he acted as substitute, poll book holder in the Sixth ward, Precinct B, and told the challengers on the other side that the challenged party "was all right" and that he had him on his book. JerTy Brown Hunter, another prisoner, but not a defendant. told of voting five times on election day. "Bagdad" colored voter* in the persons of Raymond Greene, John Carson and John Thompson, recited how easy It had been in their precinct to get (2 for their rote, "Kid* Kizer being responsible for that advance in the current price for votes.

Oliver Freeman, another colored voter, told how he had worked for George Sovern at A, in thee First ward, and how voters who came out with a brass check from Mr. Green, the inspector, had been paid $1. He said this began early in the morning and was kept up all day. On cross exam- I ination he said that he had seen Sovern hand out something that looked like money but he couldn't swear positively that It was money. Jess Garrell, another colored voter, said Sovern had told him to go to Gentry's saloon and tell the colored fellows to come out to vote. Both these witnesses testitled that all the colored voters they had seen Sovern pay in this precinct were legal voters in the precinct.'

Jack Stingley, who ran a saloon at First and Swan streets, told how Joe Strouse had come to him and asked him to pay certain voters in the precinct who had done work for him, because if he paid them at the polls some persons might think he "was

Capt. J. E. Thomas, who was progressive judge at A of the First ward, told how Inspector John E. Green had assumed charge of the voting machine when the polls opened, and announced

Continued on Pag* Column 2L

doing something crooked." Stingley Paid Off Ninety. Stingley said he paid ninety of thess voters at $2 a head and that one tims during the day Strouse changed ths sign denoting that he owed the man

money for fear some one might get on to it and he might be called on to pay some one he didn't owe. On cross examination Stanley tried to get the wttness to admit that Strouse had told him that he owed these men for serices th«y had rendered him in organizing and promoting a political club 1q the precinct and that the money was for that. work. He denied that Strouse had ever sa'd anything about a club, but had merely told him that he owed $1 to each of the men that came to him with certain papers. He admitted that he had pleaded guilty to the conspiracv charge for the part he had played in paying $1S0 to ninety men who had presented slips of paper to him that had been given them by tSrouse.

Jit: