Daily Tribune, Terre Haute, Vigo County, 26 March 1915 — Page 3

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FRIDAY, MAHCH 28,^1/15.

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list of names that Joe had brought in and were being placed on the list of voters and democratic vote registered on the machine without voters appearing in person. He said 151 such votes were registered before the board was arrested.

Earl said John F. Nugent, assistant chief of police, promised them he would see that they did not get into any trouble. He said the members of the board were looking for trouble all day and that four members of the board had revolvers. He added that the members said they would go if Judge Cox sent for them.

Wanted Everything "Square." Earl said he did not see the flsht In which Joe drove the special deputies away. He said hia name was not Included in Cox's order for the arrest of the board.

David Hanna, the eleotion inspector in Taylorville. who has also pleaded guilty, said his wife tried to prevent his serving: but he sadd he had already "promised the boys."

Hanna said he did not know anything about his duties but Joe J"effer3, who appointed him, said he would help. When the machine was set up election morning Hanna said he called in a number to see that "everything was on the square." "The machine might have been upside down and I would not have known 1 the difference," said Hanna, "but the boys said it was all right."

Hanna said he had been standing near the automobile when the shooting took place. When asked about his pay, Hannas aid: "Joe told me we were to get $25 each if Eli Redman was elected Judge." Redman, who is a defendant, was declared elected by 10 votes.

Joe Jeffers Called.

Smiling frequently, Joe Jeffers, who has been described as Mayor Donn M. Roberts' gunman and slugger, began just before noon his story of the part he played in the alleged conspiracy to corrupt the election of November 3, 1914. Jeffers, who was preceeded on the stand by his two brothers, Barl and Dean, and other members of the election board in the Taylorville precinct, was given close attention by the crowd which filled the court room in expectation of Jeffers' testimony.

The three brothers have pleaded guilty and told substantially the same story, with the exception that Joe said he received his instructions from Mayor Roberts, while the other looked to Joe for their orders. "About a year ago," Joe testified, "Roberts called me into his office and appointed me his special policeman at a salary of $90 a month, which, for three months, Donn himself paid me. Then I was reduced to $75 a month, so Donn said that I could be placed on the city police pay roll."

Jeffers said he was the democratic precinct committeeman and that Robert told him "do as before about registration and see Chief Holler." lie said he conferred with Chief of Police Bdward Holler and the assistant chief, John F. Nugent, both of whom have pleaded guilty and that on registration day he received a large number of applications for registration, already filled out, from Holler and that these were written on the registration books without the voters appearing. Other registrations were made in the same manner, the witness saying: "A contractor called me on the telephones saying ho had a number of men with him- that could not get in to register and asked if it would be all right to send the'applications in a bunch and Wave the board enter them on the books. I asked the board and they said all right. When the applications were received there were 119 and the progressive member balked. I told him the board had agreed to do this and for them to get busy. They got busy."

Jeffers denied that he had arranged the scheme but added that he did "send a batch of about fifty in from a saloon.** "Better write a little faster," the witness testified Roberts said over the telephone when he reported on the number of registrations made.

Jeffers said he talked several times with Roberts about the election and that Roberts had told him "he did not •want any fools on the board that he could not handle or buy." "Donn told me to. appoint all the members of the board, fix the price and that Nugent would stand good for the pay." The noon recess cut short the story at this point.

Dean Jeffers was appointed an election sheriff by his brother, he said. In addition to telling how votes were registered for the democratic ticket without any voters appearing, and in the fight in which Judge Cox's deputies were driven from the polling place, Dean told of a number of fights which he arranged in order to keep opposition workers awav from the polls. These fights had been described in detail by previous witnesses.

Bert Tosser, another member of the Taylorville board, who has pleaded guilty, and who testified some time ago regarding registration, contributed to the stories of Earl and Dean Jeffers.

Neither Earl nor Dean Jeffers were asked many questions on cross-exam-ination.

Joe Jeffers in relating his occupations said he had been a farmer, river n%n, boat owner, fisherman, balloon pilot, parachute juniper and policeman.

Third Ward Witnesses.

Roy Glenn and Herman Wlttenbrock were called to testify to Montgomery's operating the machine in the Third ward precinct. Roy Lawrence said gam Duvall read the law to Ixrnis Nuna jey( inspector in the Fifth ward, and told him he would get in tro. ble. He said Nunley continued to operate the machine except where a voter pro tested too strongly. Earl Jeffers said there were 211 registrations brought to the Taylorville precinct and when the board was arrested they had entered 151 'of these. Dean Jeffers told

of the "frame up" to get rid of Shepherd, the republican watcher. Jeffers got Art Stewart, the prize fighter who accosted Shephard and charged him with insulting his (Stewart's) wife and Stewart forthwith beat him up. Dean said that Joe had been appointed river patrolman by Donn Roberts, but he heard Donn say that he was no longer employed as such and Dean couldn't say whether he was or not. He said that warrants were secured for the arrest of John Guess and. Bill House, who they wanted to get rid of and that affidavits were made against them before Justice Madigan, who was aroused out of bed for the purpose.

Joe Got Instructions.

Joe Jeffers said that he knew Mayor Roberts for twelve or fifteen years and had worked in politics with him for names

five years. He said that Roberts told him that there ought to be five or six hundred registrations gotten in in Taylorville. He said that Holler and Nugent instructed him and that Talbott gave htm the blanks. Jeffere said he could not remember the exact nmnber of false. registrations entered nor could he remember the exact number of fraudulent vote® oast in the precinct He said whsn Roberts told htm that he wanted only men on the board who could be handled that he secured Barker, Merritt and Clark. He said he did not expect to receive anything for his work, Roberts paying him as a river patrolman and afterwards the other men who were' promised $35 for their work were told to look to Holler and Nugent for their pay.

Jeffers leaned back in his chair with his hands clasped over one knee and detailed his story In surprisingly good language and evidently with good memory.

DaiJey's examination took htm over the registration period and the election up to the time he was arrested on December 26.

Chance of Defense.

Has the long-looked for technicality developed on which to base an appeal to the circuit court of appeals in the event that conviction follows the present trial in the election case? That is what every one not in the inner counsel of the defendants has been asking Bince Attorney A. O. Stanley objected Thursday to the admission of the question, "Were you a registered voter?" in examining those witnesses who were testifying to having been deprived of their votes. District Attorney Dailey said Thursday night he had asked the question of a nmnber of witnesses before Udell S. Jeffrys. a colored man, appeared on the stand during the morning session Thursday, but no objection had been raised until that time. Stanley offered as the reason for his objection the fact that no allegation had been made in the indictment that any of the parties said to have been deprived of this right were regularly registered voters. The objection was overruled by Judge Anderson and the defense granted an exception and thereafter throughout the rest of the day Stanley objected and was overruled whenever that particular question was asked of a witness.

District Attorney Dailey replied to Stanley's objection by calling it frivolous, saying that Stanley had flouted the very decision (Wiley vs. Simpler, 179th U. S.) in his argument on demurrer, saying that it was not the law. He said the evidence had supported the contention of the indictment* that the conspiracy was hatched in September, a month before It was possible for any vcter to have registered. Judge Anderson sent for the indictment and examined it carefully, as well as the decision referred to, before ruling on the objection. He spent some time time in this and several of the defendants exchanged glances as if In congratulation at having hit upon something that would perhaps stem the tide of what was apparently evidence against them. In overruling the objection Judge Anderson said in substance:

Sufficiency of Indictment. "We may as well understand wliat we are doing. The broad sweep of this consparacy was to steal an election. Now, if in the process of stealing an election they deprived any man of the free exercise of his constitutional right of voting for a member of congress or a United States senator, or lent any aid whatever to the carrying out of a scheme to defraud and steal this election they are guilty of a violation of that statute. "Now, when the question of the sufficiency of the indictment is raised it is apparent that the indictment is sufficient if it shows that a single voter was deprived of the right to vote. When it comes to the matter of proof anything that -was done to deprive citizens of their right to vote, whether alleged to be registered or not, If they were legal residents, If they were denied the right to vote, it is competent evidence."

During his remarks concerning the objection Judge Anderson raised the point that the supreme court had held repeatedly that once a conspiracy had been established it was not necessary to prove its consummation, and he appealed to D. P. Williams, counsel for Sheriff Shea, with "Isn't that right, Mr. Williams?" to which the latter responded, "Exactly, your ^lonor."

Jeffrys, the colored man, whose testimony brought out this objection, was an excellent witness for the government He used unusually good language and was deliberate in his statements. When he told the inspector that he was a "Mooser," and wanted to be shown how to vote that ticket the official turned the keys on the democratic ticket, pulled the lever and told him he had voted. When he objected the Inspector told him if he didn't get out instantly he would be thrown out.

During the afternoon session Judge Anderson read a case from the old federal decisions which supported that point, and.applying it locally the court illustrated b-y saying that if three men enter into a conspiracy to kill a man on North Meridian street and the fact that they had so conspired was proven it was sufficient to convict them though they never met again or acted as individuals to carry out the conspiracy.

A number of witnesses were examined to establish the fact that they had been prevented from one reason or another from voting by the action of. the inspector the list Incl^di'"— ..!»#'*

fifSiSi

EVIDENCE IN THE ELECTION TRIALS IN FEDERAL COURT STEP BY STEP MRS GANG EXPLAINS

Michael, Who was told in Precinct* H, Sixth ward, that some one had already voted in his name and he had thus lost his vote, John Brown, colored. A, of the Sixth, who was prevented from voting the ticket he desired by the inspector, William Dolson, in the same precinct, who was treated in a like manner. George Laux, in Taylorville, who was informed that he couldn't vote a scratched ticket on a machine, James Anderson, who was afraid to vote at Taylorville, Raymond Martin, same precinct, who was told he couldn't vote unless he voted the democratic ticket, John Jacob, Calvin Funk, Arthur Holden, James M. Butcher, John Anderson and Al Bell, all of Sixth ward, who found that-their names had been voted under, although two or three of them were permitted to vote in their own

Two newspaper reporters, who were on duty at democratic headquarters during election day and the same night, were on the stand during the afternoon and told of things they witnessed there. These were Melvln Cadden and Paul R. Baugh. Cadden said that the first or second report to come into headquarters on election night, shortly after 6: SO o'clock, when he went on duty, was A, of the First ward, and said that precinot was the last in the county to be reported officially to the canvassing board which xjiet in the Superior Court room. The precinct's report was made shortly before noon on Wednesday. Cadden also told of hearing Hilton Redman say over .the telephone several times, "You'll have to hold that until I tell you how many we need," but on cross examination he said he didn't know what it was he was telling them to hold. Baugh said that Mayor Roberts laughed when the report came over the telephone that Joe Jeffers had shot \ip Taylorville and said that Joe "would get 'em all if they didn't let him alone." He also told of Roberts sending Attorney Henry C. Price out to C. in the Seventh I ward, to tell them that they had no right to stop foreigners from voting, and also to explain that they had a right to vote without registering.

Louis Silberman Called.

A new phase of the case was brought in the afternoon when testimony was offered to show how Mayor Roberts induced saloonkeepers and others to sign the bonds of the first eighteen men arrested in. the election case. They were told to go to police headquarters where they were called on to .sign these bonds without knowing who they were signing for or th'e amount of the bonds they were signing. Louis Silberman was one of these witnesses. He said when he got to police headquarters he was handed two bonds and told to sign them, which he did without knowing who they were for, and when Dailey offered the bonds and asked him if he knew either of the two men whose bonds he had signed he said he didn't.

The same was true of Steve Metro, the Maple avenue saloonkeeper, who said Prosecutor Werneke was there when he got to headquarters. Michael Hines, a brother of Jack, said he was told that Jack had sent word for him to sign the bonds of two men, but when he met his brother out in the hall a little later he was told that such was not the case. In closing the district attorney asked him if he hadn't lost his job as assistant superintendent of the fire department because his brother had pleaded guilty and he said he thought that was the reason.

Sam Farmer, the west end saloon keeper, said he signed bonds of two men he didn't even know, four men in all, and was surprised when he learned that he had signed for $10,000, although he said he told the mayor he had no property except that held by him jointly with his wife.

Peter Doerner, a machinist, father of W. H. Doerner, cleric to the board of safety, said he signed the bonds for three men he didn't know without asking any questions because his son told him the mayor wanted him to do so. He said he signed without knowing who ho was signing for or in what amount. Henry Pfizenmayer, who conducts a boarding house opposite jklice headquarters, was apparently the only man sent for who refused to do the mayor's bidding. The mayor told him to sign the bond of Charles Teakle and he positively refused to do so.

Earl Rood Called.

Earl Rood, who was one of the special officers sent by Judge Cox to arrest the Taylorville election board, and didn't, told of his experiences over there eleotion afternoon. He said that after Joe Jeffers had expressed his views of Judge Cox by the expression of "To h--l with Judge Cox," had knocked down and kicked George Klatte, progressive candidate for sheriff, beaten up Charles Albin, another special officer, and run away at the point of the gun William Morgan, another special officer, he came at hini with the remark that if he (Rood) did not turn loose the election board he had under arrest or he'd blow his head off. Rood added, "I turned 'em loose." He said when they went to report to Judge Cox the latter said that he would call the governor up and tell him what was going on in Terre Haute. The cross examination of Rood brought out the fact that as progressive secretary, charged with serving notice on the inspectors of the_ progressive judges and clerks, the only two that were not so served personally were David Hanna, inspector at Taylorville, and Elmer Conover, Inspector at Precinct B, of the Sixth ward. It was in these two precincts that Judge Cox's orders were especially violated, and it was easily to be seen that the defense will endeavor to show that the inspectors in these precincts had never been advised of Dr. Ervin's appointments. The notice to Conover was receipted for by Maude Gilliespie and never delivered to. him and the notice for Taylorville was delivered to Harry Barker, who was in jail on Election day.

Jeffers In Action.

Charles Yeakle's description of the way the election was conducted at Taylorville would furnish a splendid scenario for a funny moving picture. He said Joe Jeffers gave them a list of cards from which the members of the board took turns in writing names on the list of voters and then ringing up the votes for the names on the vot""^chine. Each member of he

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board would write a number of names on the list from the cards and then register the votes on the machine, no voters being permitted to enter tho voting place, which stood at the end of the incline at tho crematory. These cards which Ed Holler had before testified he. gave to Joe Jeffers on election morning at police headquarters were delivered to the board by Jeffers. Once they ran out and Joe gave I hem a second supply. Holler id he gave Jeffers 2l!5 of these cards. Yeakle saul he was democratic committeeman from Taylorville and didn't know he was a progressive until Jxe Jeffers told him he was to be the progressive judge. Ho said Joe told hitn that one of his principal duties as progressive judge would he to "keep his eyes shut." Yealcle said the board members had decided among themselves that they would not be arrested election day by any officers who came after them, and they were all armed with guns that Joe Jeffers had given then. In answer to a question by the district attorney the witness said they made no resistance when Dennis Shea came after them after Jeffers had driven away Judge Cox's officers.

Klatte's Troubles.

George W, Klatte, progressive candidate for sheriff, was one of the afternoon's witnesses, and he told of his experiences at Taylorville. He said Joe Jeffers used an expression when he made at the candidate, who was there when the special officers arrived—that he wouldn't like to repeat and District Attorney Dailey said quickly, "You needn't." After Jeffers had knocked him down -three times and kicked him in the face and in the side he left. He expressed it by saying, "I had special orders from Joe'Jeffers to get out and I got out."

Dr. Ernest Mattox saw the Joe Jfeffcrs' demonstration and desci'ibed how Joe came riding down the grade from the bridge on a motorcycle, and when he stopped drew a gun from his pocket, tried the trigger to see whether it was working all right, and flourishing the gun declared in a loud voice, "I'll kill the first that interferes here." He assaulted William Morgan with his right fist while shoving a gun at him with his left, and thus drove him away frorn the voting place and down the grade. The doctor drove into the sheriff's office and told Louis Katzenbach, he said, that some officer ought to go over to Taylorville and arrest rfoe Jeffers or he would kill somebody. He got no response from the officer, he said, but someone sitting in the office said, "He ought to kill him."

Harvey Day, who had been named as progressive judge, said he had never been arrested in his life and for that reason he didn't make any protest when Deah Jeffers told'him he'd arrest him and take him to jail if he didn't get out when he presented his credentials the second time and said he wanted to act as progressive judge. He said when he first presented them to Joe Jeffers the latter called him out to one side and told him confidentially that he had no right to serve as progressive judge as he had acted at registration as republican watcher. "I told him," said Day, "that I did not want to serve on the boardif I didn't have the right, and if he thought I didn't have it I would go away." He went to town, he said, and consulted a lawyer, who told him he had a right to serve, and it was when he vrent back after this that Dean Jeffers threatened to take him to jail. 'Td neh'er been arrested In my life," the witness said, "and when he told me this I went away and didn't go back."

Mrs. Morgan Called.

Mrs. Minda Morgan, whose husband was assaulted by Jeffers, told of her

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experiences at Taylorville during the day. She said when she appealed, to two policemen when her husband was assaulted they didn't even answer her, but sat on a log ifear- tho place and made no move. She said she was there all day, and saw only one challenge made.

The defendants held an important meeting at the Denison hotel Thursday night, nearly all of tho twenty-eight being on hand. Representative A. O. Stanley, ehi'ef counsel, was present, as was Frank B. Fippen, who was announced as assistant counsel before the opening of tho case, but had never appeared a.t the federal building since the trial began a week ago last Monday. The moeting was for the purpose of discussing plans of defense and to arrange for the witnesses to be summoned in behalf of each defendant. Harry S. Montgomery, who was present, said he would have some sixteen or eighteen witnesses summoned in his personal behalf, including residents ot his precinct, democrats as well as republicans, and members of the board who knew exactly everything that was done In his precinct during the election. He said that he supposed each of the twenty-eight defendants would have perhaps an equal number, although of this he was not feltogether certain. The average will probably not run as high as this, for Arthur Gillis, who was the first of the defendants to take this step, has issued subpoenas for only ten witnesses. Many of those summoned will be character witnesses.

Leroy -C. Breunig, local manager for the National Surety company, had an unpleasant ten minutes on the witness stand Thursday noon when he was examined by District Attorney Dailey regarding the indemnifying surety on the $5,000 bond offered by the company for the release of Mayor Roberts. The witness denied having said to Dailey some time ago, after Coordes and Kintz, two of the defendants, had pleaded guilty that he wanted to get off the bond and the district attorney came as near to losing his temper as he has during the entire trial. When Breunig denied the statement on his part Dailey said, "You know you did," and asked the witness, "Do you understand you are under oath." Dailey then a&ked him:.

Bond Agent Heard.

"Is there any provision in your contract with your company that requires you to tell the truth?" and when Breunig said, "Aways," the district attorney said that hereafter when Breunig made any statement to him it would have to be in writing. It developed in the examination that the suggestion to Breunig that his company should surrender the two men had come from Mayor Roberts, and when he spoke to Dailey about it the latter had said he would be glad to have them surrendered in open court, as he would be able to find out then who was indemnifying the company for the men. Dailey said this remark from him Is what caused the company to fail to surrender them. Breunig said that John E. Beggs, who had indemnified the company for the latest bond for Mayor Roberts, had also indemnified it for the bonds for the other defendants, including those who had pleaded guilty.

Louis Kruzan Called.

Louis Kruzan, deputy county clerk, testified during the afternoon, that when he ga)ve the list of candidates for the prohibition party, which Mayor Roberts had handed him, to County Clerk Joyce," saying that the mayor wanted them on the regular ballot, Joyce had thrown the list into the waste basket, and declared that it was

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When Phil Lon-g said he "didn't believe" in answer to a question of. the district attorney, the latter said, "I want you to be sure about it, Mr. Long, for I expect to use you again about some other matters." It is supposad to refer to the absentee certificates which the attorney is charged with having prepared -for the jail inmates for registration purposes.

Harry Hicks, formerly a concrete inspector on streets, said that when he told Harry Skean that the mayor had. laid him off work, Skean said he "Wouldn't stand for that," and sent Hicks with a note to the mayor which secured his restoration to duty. When he failed to serve as a progressive member of the election board in his precinct he said hI lost his job.

During County Commissioner Altekruse's examination he said he didn't know whether or not some of the voters in Fayette township would have to travel fourteen miles to vote on account of the changing of the voting places. Later when Stanley asked him a question involving his knowledge of law Judge Anderson said. "The witness don't know much about his own county and he can't be expected to know anything about law."

What Happened to Laux. When George Laux. of Taylorville, told Joe Jeffers that although a democrat he wanted to vota only for two of the candidates on the ticket and

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too late, as the copy for the official ballot had gone to the printer. One-lady in the audience talked so much Thursday afternoon that Judge Anderson had to caution -her. He said, "There's a lady over ther® that is talking so much that she annoys the court and if she doesn't stop I shall have to ask her to leave." The talking ceascd. Visitors to Judge Anderson's "court have learned to have a wholesome respect for the presiding officcr.

The crowds that endeavor to obtain admission to the court room are constantly on the increase. Whenever, recess is announced there is always a long line of waiters ready to take any seats that may be vacated. Thursday afternoon two 'extra rows of chairs were placed inside the railing fn the north side of the court room ifacing the Jury, and these were always filled. The exciting scenes of the past two or three days have added to the interest in the trial, and the crowds which throng the corridors are anxious to get a sight of Joe Jeffers.

Terre Haute has been well represented in the list of visitors the past few days and when the defense begins this number will doubtless be increased.

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the rest republican Joe told htm he wasn't going to fool with him, and if he didn't get out he would thrdw him out. The witness said he got out.

James Tomlinson said he l*pd lived in his precinct in the Fifth ward for 18 years, and still when he went to vote he was told that he couldn't as •his name had "already been scratched off as voting. He said it "didn't make much difference, anyway," and had started away when the board members held a consultation and called him back and allowed him to vote.

The counsel for Sheriff Shea and Thomas C. Smith were pleasantly surprised wh£n the district attorney passed favorably oq the bonds offered for these men Thursday evening and turned them over to the court for his approval. They wouldn't have been surprised had he asked that tlife men be put on the stand and examined as the surety company manager was at noon. The district attorney, however, glanced at the names, said they were good and sufficient and turned them over.

Hiram B. Kadish, who reported his comparison of the registration lists of three precincts of the Sixth ward and Taylorville with the list of voters, said he had been a special bank examiner for the government for the past eight v. years. He testified that in these tour precincts he found 172 names voted that had not been registered, 113 that had been voted twice, and 6 that had been voted three- times. precinct* of the Sixth,.was the only one of the four in which no names were found as ^oted that were not on the registration list.

When Earl Rood was askod if he had put Joe Jeffers and the Taylorville board in jail as ordered by Judge Cox, he said with emphasis, "I'd say not."

Thirty-nine witnesses were examined a a if not quite the record for the trial. Taylorville will furnish a host of witnesses for Friday. Joe Jeffers. his brothers"^*— and the members of the Taylorville board are always together and whereever they go they are the center of attraction.

Some Tampering Case*.

Attorneys familiar with federal practice say that tampering with a government witness is about as great an offense as can be committed and that Judge Anderson during his entire servico on the bench has been firm in his determination to punish such offenders. It is recalled that a South Bend attorney, Charles A. Davey, spent a small fortune in fighting a charge that had been made against him of spirit-

Continued on Pag® 5, Column 1.

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