Daily Tribune, Terre Haute, Vigo County, 30 March 1915 — Page 8

iuc Continued From Pago One.

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he did not understand the question and had to have it repeated. When cross examined by Dailey, Ehrenhardt denied that he had ever been employed as bartender at Germania hail. He was asked if he had not caused the arrest of a contractor named Carpenter for the reason that would not buy sand of the Wabash Sand & Gravel company. Ehrenhardt denied this. Stanley objected at this point to Daily's line of examination, saying that "•as not germane to the case and the court sustained the objection.

Ehrenhardt denied that he ever had trouble at the polls with Earl Houck he said he never said that he was "boss" there and he said that he never knew that it was against the law for an inspector to operate' the machine until Dailey read the law in court.

Fred McFall testified that Bhrenhardt's reputation was good, on direct examination, but on questions by Mir. Dailey said a man would not be honest if he approved vouchers for pay for work that had not been done. He said he had heard of Ehrenhardt's trip to Europe. but had not heard of a letter the defendant is alleged to have written on the official stationary of the board of works to contractors informing them they must purchase gravel of the company of which Ehrenhardt had been a manager.

Frank Hoerman, recorder of Vigo county, and James A. Fagan said John M. Masselink, the defendant who tes-

titled yesterday, bore a good reputable* tion. ouf James Fagan said that he had known aJ. Masselink for nineteen or twenty years, •o\f that he had frequently visited at his home and that he considered his repu^tation for truth and honesty and quiet good. Mr. Fagan was not cro.ss1*1 I examined.

A District Attorney Dailey asked Mr. Hoerman if he would consider a man's reputation as good if he worked on flection day with Clarence Stark, I* George Rouse and others. Hoerman repiled that he never heard that Masse7J link did this until he read the testi-

mony in the case. Eugene Sullivan Called.

Eugene Sullivan said that he was a

sbp neighbor of Harry Montgomery, that tlaJ he knew him for six years, that he con•oni h«®idered his reputation for peace and keSuietuJe good, that when he voted in ()jj i^cntgomerj''s precinct that Montgomery called his ^ntion to the figures cr the dial and showed him that his tv^fote registered. He said he did not know that Montgomery ever "raided" Chaltr*mw Hamill's office or that Montgomery had been convicted for contempt of

v^tir^aid that in this particular

7 case he would not take these things h£y into consideration in forming an opinboo ion of a man's character He said he never heard that Montgomery was 'Gi^Y short in his accounts with a Chicago .-eking company. When pressed by

Hj|ley the witness said that he would —consider politics in forming an TH»pjnion of a man's character.

Rev. Parker Called.

!W Clark R. Parker, of the First •y^tptist church, was called as a char!circijfter witness for John R. Green, forms'T15ctor

t'le

I ^eedtosiF

First ward, where Rev.

served on

to the ne^e

t^he lK)ard-

never

HALL,rfieclts

said

saw Green issue cards

to any

one*

He Baid he

and 50iest against some of the men voting If Jo he believed did not live in the addre^i11^-

He said that Green

would

Co. behind the machine to instruct the _^I^oters, but he never heard a voter pro"^fest.

Rev. Parker said triat when the polls opened Green addressed the board and said thatt he believed that every man ij. who Itved in the precinct and was a legal voter should have his vote count and that there should be no repeating

VVVj

or floaters. Rev. Parker said that Green himself said that he would aid in the prosecution of anyone attempting to violate the election laws. Dailey asked Parker if it did not strike him now that Green was, even at that time, preparing his defense in this case. The minister said he did not know. He said that one voter did ask him (Parker) for "a check." He ga)ve him no check and did not see Green giving out any checks. Rev. Parker said that while he was sure there were some voters voting who did not live in the precinct, he did not keep any list of them, did not know their names, nor could he recall any of these names.

Progressive Clerk Called. John Miller, who served as progressive clerk on the registration board with Ehrenhardt, said he did not see Ehrenhardt fill out registration applications except when requested. He told of Ehrenhardt stopping W. F. Gottschalk, the republican watcher, from copying names off the clerk's book.

On cross examination it was brought out that Miller had only lived in the precinct two months and that he did not know that the duties of the watchers included the copying of names off the registration books as they are entered. Miller said Gottschalk was not hindering Miller in his work as clerk. Miller also said he "tried to keep tab on Ehrenhardt as he was warned there might be some crooked work."

Ed Tetzel Called.

Ed Tetzel, a machinist, testified to examining the voting machines before they were sent out. He was examined closely by the defense as to the amount of noise made by the lever in registering a vote and in being raised only a part of the way, the latter being the manner in which the government contends a number of persons were cheated out of their vote. He also said the only way to get the candidate keys down after they had been turned up to vote was to operate the lever completely or turn them back with the finger.

On cross examination he said it was an easy matter to turn the keys back with the finger and that the lever registered a number whether or not the keys were turned up for voting.

Dr. Green Called.

The next witness was Dr. John K. Green, inspector in A of the First ward. He entered a general denial of all of the charges. He said that he never bought any votes, that he never issued cards to Nate Thornton, Oliver Freeman or other colored voters, that he had paid out no money for votes and said that he operated the lever of the machine only until Dr. T. C. Stunkard told him that it was against the law and then he stopped. He said that ho did not watch how voters voted, that he told the board that everything should be "on the square" and he did not see any repeaters and did not know if any one voted twice.

He was fiercely grilled by Dailey on cross-examination. He denied that he had ever beep called a burglar, said that if his pawn shop received any stolen goods that it was without his knowledge, said that he was graduated in Germany but never secured a diploma in this country, denied that he had ever talked to Donn M. Roberts or anyone else about the election work and when Dailey asked him if it was not a fact that he was under three indictments for performing a criminal operation, he said that he was under one indictment on this charge. *He was asked what leverage Roberts had on him to make-him work at election and if it was not a fact that he expected Eli H. Redman to be judge and try his case. Stanley objected to the form of the question. He said that he was acquitted by the coroner of murder. Dailey asked him where this occurred and he said in Terre Haute. Mayor Roberts prompted Stanley during the examination of Green and at one point Dailey urged the court to have the witness give more attention to him and not so much to the mayor.

He said he had no arrangements to pay any voters, that he issued cards and checks to no one nor did he at7 tempt to influence any voter in the pplls. He denied having served as in-

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spector at the registration, but Dailey produced blanks signed by him and he said that if he had served he had forgotten it.

The Delayed Vote.

He explained the belated report of his precinct by saying that the vote was tabulated by 7:30 election night but was not delivered to the canvassing board until 11 o'clock next day. He said that he took the returns to the office of the county auditor and left them there with someone he supposed was a deputy. Ho was called out of the city and did not get the returns until the next morning and then took them to the board. He said he could not remember who the deputy was or if the same man returned them to him that he left them with. I-Ie denied that he was in any conspiracy to hold back the returns.

When Dailey charged him with murder, with receiving stolen goods arid with having performed a criminal operation, Green took exceptions to the charge, saying that he had never been convicted of murder or of the charge of performing a criminal operation and he told the district attorney that he was the first one who ever called him a burglar in his life.

It was reported that Mayor Roberts, Dennis Shea and William Doyle would not take the stand. All of their attorneys said Tuesday afternoon that they were not yet prepared to make such a statement, developments in the case governing this entirely.

Tom Osborne, a Terre Haute insurance man, was called to testify to the character of Fred Morrison. He said that he had known Morrison all his life, but as to his reputation for peace and quietude Osborne srfld hu» had no knowledgfe and could not testify. He was excused.

County Clerk Joyce identified the report that the machines had been inspected and sealed and admitted that he had written the report himself for the board but that they had supplied the information and had all signed the report.

Edward Lammers testified for Harry Montgomery, saying that he fixed the keys on the machine and Montgomery asked him if he was already and he said he was and Montgomery operated the lever. He said Montgomery did not stand where he could see him vote because Lammers could see his legs under the machine and at the front of the machine. He said that Montgomery asked him if he needed any help. Lammers said he replied: "Do I look like a democrat?"

John H. Rogers said there were no false votes in the precinct where he was inspector. As to his Instructions, he said that he attended a meeting at headquarters, where a number of persons spoke about election work and about the duties of the inspectors. He said one of the speakers was Mayor Roberts.

Refutes Gottschalk.

Earl Manson, a grocer in the back room of whose grocery in Precinct C, Second ward, the registration and election were held last fall, spent a more or less pleasant half hour of gruelling at the hands of District Attorney Dailey In the federal court Monday afternoon. Manson, who had acted, he said, as clerk of the registration and judge of the election at the request of Inspector George Ehrenhardt, one of the defendants, appeared in behalf of the latter. He said at the registration he sat within three feet of Ehrenhardt, who was inspector, and denied flatly the testimony of William F. Gottschalk, given last yreek, regarding some cards Gottschalk said Hilton Redman had brought down and given to the inspector, who had written registration blanks from them and put the names on the book.

Gottschalk had said Redman drove up in his gray auto with five men who were strangers to hi?n, and had gone into the room, where the board was at work, handed Ehrenhardt the cards and the blanks written and put on record without the men appearing for them. Manson said it was not true that nothing of the kind had occurred, and said the trouble with Gottschalk was that the board had refused to permit him to make a poll book from the registration blanks that had been filed, claiming that it had no right to do so.

Manson also denied the testimony of Gottschalk, Walter Duenweg, J. C. S. Gfroerer and George Nattkemper, given last week, regarding the proceedings at the precinct on election day. He said that Gfroerer*!? failure to vote the ticket he desired to arose from the fact that Inspector Ehrenhardt did not understand the word that Gfroerer gave him, and pulled the lever on him before he had finished scratching his ticket There was an argument—the argument over objections was continuous througnout the day—on the insistence by the district attorney that this was a conclusion on the part of the witness, and the latter was compelled to tell exactly what had been said, according to what It appeared to him. He said that after Gfroerer had made himself understood, finally' he had been allowed to vote and the previous vote cast by him was strlpken from the total when the tally sheet was made up. He declared that Ehrenhardt had never said he was "boss" at the precinct and did not use the opprobrious language the last week witnesses had charged to him, that there was no argument with Duenweg when ho voted, and that Ehrenhardt had not stood where he could see how every man voted,

Defends Ehrenhardt.

The district attorney had a day full of denials, continuous and persistent, of the truth of the testimony given last week, and he was near to being out of patience with Manson, who was the last witness of the day. MJanson denied that there had been a controversy when Earl Houck had voted and

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didn't remember several of the occurrences that had been testified to by the previous witnesses. He said that Ehrenhardt never announced that he was running the machine when voters protested his handling the lever, but admitted that one man had insisted so hard on his right to handle the lever that when Ehrenhardt pulled the lover with his left hand the voter insisted on hanging on to it with his right hand, and both were on it when the vote was finally registered. He first said he understood the German that the inspector used in instructing some voters, then admitted that he understood only a few German phrases and then declared that there was not a fraudulent vote cast In his precinct the entire day. The district attorney finally asked if he hadn't come there for the sole purpose of aiding the defendants regardless of the truth, but he denied this. When he made the statement that no irregular votes had been cast Judge Anderson put in a question, asking the witness if he knew all the voters in the precinct and he said that he "pretty near knew" all of them.

Three striking denials have already been written into the record of the trial in the "Well, I should say not," by Louis Nunley, with the loud pedal on the "say "He did not," with the emphasis on the "did," by William Davern, and the "I don't know," by Eddie Driscoll. uttered with a smile and a suave manner that aggravated the cross examiner. Davern was sent to jail as one of the results of his continued denials, after Judge Anderson had referred to the fact the witness had contradicted more than a score of witnesses who proceeded him. This including W. A. Braden, president of the Braden Manufacturing company Miss Dora Burr, the trained nurse and her sister, who were watchers at Precinct C, Sixth ward, where Fred Morrison was inspector and Davern olerk, and a long list of repeaters who testified that they had voted there numerous times, including Fred Eisner, the world's champion, who claimed he voted twenty-two times.

Conflict in Testimony.

All these repeaters had said that they never touched a key or the lever in all their voting, but Fred Morrison, who was on the stand before Davern, declared that he hadn't touched the lever but once during the entire day and that when he voted himself.

This is a sample of Davern's testimony "Did Morrison pull the lever for any of the voters during the day?" "He did not." "Did he go behind the machine to instruct voters?" "He did not." "Did he touch the keys for any of the voters?" "He did not." "Did he allow any repeaters to vote during the day." "He did not."

After he had used this expression a dozen times Judge Anderson asked him, "Have you been sworn," and the witness said he had been. Before the jury was dismissed Dailey asked the court to bind the witness over for perjury and the court, after explaining to the jury that it should pay no attention to the request, said that he would attend to it later. He dismissed the jury and then ordered Davern into the custody of Marshal Storen and fixed his bond at $5,000, to await the action of the grand jury on the charge of perjury, saying that the bond would have to be given in open court.

Never Saw Roberts.

Louis Nunley was recalled to the stand when court opened and denied having held a conference with Mayor Roberts on Sunday, employing one of his famous "I should say nots," an expression that has become a byword around the federal building. He denied that he had monkeyed with the lever all day election day.

Fred Morrison, inspector at Precinot C, Sixth ward, over whose denials of the testimony against him, Davern was sent to jail, made a wholesale denial of everything that had been .charged against him. He said that he had worn a pair of black cloth top shoes that day instead of the brown shoes Mr. Braden had said he had worn. Here is a partial iist of the things he denied: That he had pulled the lever during the day except for his own vote that any repeater voted in his precinct that he never went behind the machine during the day that he never touched a key to ^/ote another during the day that he had ever had any instructions regarding his duties as an inspector except those given him by the auditor and county clerk that he had ever seen any of the white name cards In his precinct that he knew of any false registrations t1i.it "Spec" Mohan placed a screen in front of the machine so that Miss Burr and her sister could not see him working the lever that he had seen "Bull" Conway pushing voters up the chute to the voting place that, thero were 01 votes cast in his preefnet by voters who hud not registered that forty-one vote names had been voted twice with the same given and surname that three names had been voted three times in this way that he had known he had been enjoined from fraud until 11 o'clock election morning that Sheriff Shea was over at O'Donnell's saloon buying voters that, he ever permitted four or fives as many colored men to vote as there were colored rosldofits in the precinct: that Frank Tryon had objected to voting repeaters or had been put off the board for that reason that John Smith, the minor who served as progressive clerk, had called his attention to the repeaters that Chester Freeland, the progressive Judge, had been shoved aside when he protested against the reheating, etc.

Refutes Jack Nugent.

Eddie Driscoll, secretary of the democratic committee, and assistant to the city engineer, also made a few denials, but he kept his temper during the searching cross examination of the district attorney,, with his invariable, soft-spoken answer, "I don't know." Among the things that he denied on examination were that he ever paid Walter Coordea $29 for making false registration blanks

diat

Coordees ever

worked a I dornor^^^ heailqunjf"re that he was at d- Alio head Irtkrters on the afle|| /ill that ho saw .1

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which voters were to be paid in A, of the Sixth ward that he never heard Mayor Roberts dlscuBa the Cox restraining order with Elmer Conover, and advise that it shouldn't be obeyed that he ever wrote a letter calling a meeting of registration inspectors for instructions befojre registration day that he paid Otto Pritchett $1 for voting in his precinct election day that he was taken from John Bonencamp's saloon Intoxicated on the night before registration by John Nugent, or that he had a big ioll of money and a pocket full of false registrations on him at the time that he had paid Otto Pritchett $1 for his vote, etc. George Heuer, who Pritchett said was with them when Driscoll paid him the dollar, denied also that there had been such a transaction and John Bonencamp testified that the Nugent story was untrue. "v "Nfcver Got Any Coin.

On cross-examination Judge Anderson sustained objections raised by Representatfve Stanley to questions asked Driscoll by the district attorney regarding previous indictments against him for election frauds. He said the city had paid him for his time while he was working at democratic headquarters, and that although he was precinct committeeman he did not get any money from Maurice Walsh on' the night before election. He said he was sub-treasurer of the committee, but he didn't know anything about the $4,000 that Walsh was claimed to have paid out at that time. When Dailey asked him how it was that he didn't get any of this money, he made his stereotyped answer: "I don't know."

The witness said he didn't know how many false registrations were charged in the newspapers as having been made, and when Judge Anderson asked him the question he said he didn't feel it his duty to investigate and find out whether the story was true, although he had the democratic poll books at the headquarters at the time. He said he had no knowledge of the registration frauds until he heard of it through the testimony in the present trial. Dr. George S. Johnson, Henry McCrory, a miner, and Otto Schuhardt, a grocer, both testified that Drlscoll's general reputation for honesty, integrity, peace and quietude was good. One time during the usual argument over the admission of a question Judge Anderson waved Attorney Stanley aside with the remark, "I can't hear an oration on this subject."

Lewis Recalled.

George H. Lewis, a former street hw spector, who first told of the Roberts instructions regarding "fooling the voter" on the machine, was recalled to testify regarding a reported conversation between Roberts and Driscoll which he was supposed to halve overheard. but it turned out that Driscoll was not there when the conversation took place regarding Judge Cox's restraining order. He was examined regarding the color of the typewriter ribbon on the machine in democratic headquarters on October, in order to deny the authenticity of a letter from Driscoll and Roberts which he had before Identified as haviilg come to him. The letter was written with a red ribbon and dated October 1, but he said the ribbon on it that day was a blue one. He said he didn't know, on crossexamination, that a ribbon could be changed in less than five minutes, and finally admitted that "he guessed he didn't know much about a typewriter, for when he tried to use the one at headquarters he had broken a key." Dailey asked him who had been talking to him since his previous appearance on the stand, and he said he had talked to practically all the defendants except Roberts. iWhy O'Brien Fought.

Andrew (Tip) O'Brien, another of the defendants to go on the stand, tended bar nearly all day election day, he said, at Billy O'Donnell's, and told Judge Anderson, when he asked him, that he didn't know it was unlawful to sell liquors on election day. He said he had nothing to do with the registration work and that all he did election day, while he wasn't tending bar was to help get out the votes. He said his fight with Frank Briddick was because the latter called him a foul name after he had objected to the progressive challenger challenging men who had lived in the precinct before the challenger was born. When he had the epithet applied to him they went to it with their fists and fought to the middle of the street before it was stopped.

It was notable that four of the witnesses Monday, O'Brien, Fred Morrison, John KIley and William Davern, said they were born and had always lived in what is now Precinct C, Sixth ward.

O'Brien said that he didn't see Dennis Shea in O'Donnell's at all election day buying votes, saw nobody paying money for votes or handing out the white name cards, doesn't know "Chappie" Moran, didn't take any men to the polls to vote them, and didn't see autos bringing gangs of men to O'Donnell's and from there to the voting place. He also denied that he had forced fraudulent voters up the chute to the voting placo. O'Brien sat leaned over in the witness chair as he answered the questions propounded him, talked In a rather low voice and didn't permit himself to lose his temper.

Exonerates Montgomery.

During Robert S. Culberson's examination he said the reason that Montgomery, In whose precinct he was a judge, pulled the lever, was that early in the day some voter had jammed the lever down so hard that they, were afraid the machine might be injured and therefore the board had decided that It would be better for one man to do the handling of the lever. He said he thought the original suggestion came from the progressive sheriff, Roy Glenn.

Masselink Called. H'

During John Massellnk's examination, which he went through with in fairly good shape, reference was made of the non-partisan commission that had examined the voting itiachines prior to the election, and which consisted, he said, of Edwajy Hazledine, Ed Tetzel, George W. GMuileaf, Harry Weldele at^^hlm»rfM(flm.fley called the k-rn*papers. ~£te

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the man to whom the court had asked him to call attention to later. Masselink was called on to identify a number of registration blanks which he had made out, but he denied that he had signed any names to such blanks. Dailey laid special stress on the fact that although Masselink had just happened to be in the neighborhood of the Bagdad precinct on registration morning because he had gone there to inspect a scale in the neighborhood he didn't inspect any during the day. Masselink denied having been at the court house with the group of inspectators examining a voting machine there, which a previous witness had testified to.

When William Davern was sent to jail after his testimony denying everything that had been offered by numerous witnesses. Representative Stanley made the statement that he was satisfied that the witness was testifying to the absolute truth. When Fred Morrison was being examined Stanley said he knew that Morrison didn't have on tan shoes as William A. Braden had testified. Judge Anderson said, "How do you know? The jury will decide whether or not he had on tan Shoes." "We object. Don't answer that," addressed to the witness under crossexamination, was one of Stanley's most frequent exclamations during the day.

The first thing William Davern said after he was taken into custody was to ask that his father, Joe Davern, a member of the fire department, be telephoned to and advised of his predicament. When asked on cross-ex-amination if he was in the saloon business Davern said, "No." "What is your occupation?" was the next question, and he answered, "I'm a bartender." He said some poker was played at the saloon where he Is employed. but he said that he gambled very little himself.

William S. Crockett's testimony that he was at the crematory on the second and third days of registration was corroborated by John Goggin, assistant superintendent, who said that Crockett was at the crematory from 6 o'clock until 8 and one day from 6 to 11 o'clock the other.

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