Daily Tribune, Terre Haute, Vigo County, 31 March 1915 — Page 5

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JRT

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1-

tin

iu«d From Page One.

votes were counted and the sdid not know. 8aok to P. B. May. •oint in the examination of nan, Dailey asked him if at edman named P. B. May as special judges if he did not

May was under cbarge of ,Jof court in the Chalmers vtter, He said that ho did. iked if he did not know the case was pending in his said that he did. He was h« did not know that Bert 13 other convicts were chosen re Tajrlorville toard. He said

Investigated tMkpersonnel of rvill® board norlUd he know on, H}lt*Jn, had Dave Hanna as election wheriff the night

id that he did not employe jther in the content case or in jfcl court case and that Fippen a member of his firm. He ^#4 names on the windows of the f* js of Werneke, Colliver and *tt did not Imply that they were \m *n firm. Redman said they W ad offices together in the same

asked him how long Fippen in Terre Haute and he said •w months. Dailey said: "And •ointed him to try an election case in which you were inter-

an said: *'I felt sure he was a wyer." retorted: "You felt sure he „tlf?ood crook." OOOan answered: "No, sir. I do ai rovj Shock From Elder.

!h

Elder, the real estate man, defense a shock when he was the defense of Gillis and said Citation for peace and quietude --S^jegrity was bad. Here it was 9etve!that the question should deal vlog )tnan before indictment in the art

case

an* Elder recalled his

jgar ,and said "good." W. S. MciiHotte

that

Gillis' reputation before

fin* s1 Sood and he knew of no deal ad with Roberts to get any of jnSp-imbulance work. Ths B. Ervin, progressive chair•%Jxrot-

called, and when the ques-

A-ttiuit1

1

isked if it was difficult to get

from men to serve in the nelgh-i-uaj-y Precinct C, of the Sixth rnouti objected and the doctor

ty

baxeused. ^Vmry said that he did hear tetttto some of the supposed

0

bit at the registration he iid iot remember ot hearing aacjvct to the filling out of ab-

om

MiikSt, He said that he kept a rook of the voters and left it

e^enstein"s

and Gillis and Miller

"tfSarreled over the keeping of the -k. E. Chapman said that he heard is say that they should not count een votes, the voters being sup3d to be floaters and when he rethat he did not know whether the »s were eventually counted, Judge

Jerson said: It is no use to go any further with is witness." William Bedford, Sr., said that he neard Gillis object to the counting of these sixteen votes. He said that he |heard Gillis talking to Jack Tierney but had not heard the drift of the conversation.

Sensational Turn.

Attorneys of age and experience who were present in the Federal court ^Tuesday afternoon said they had never fieard more drastic rebuke administered to an attorney in a case than was

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given Representative A. O. Stanley b.\' Judge Anderson during the cross-ex-amination of Captain Fred Armstrong, who had been called «s a witness for the defense. Armstrong had followed Patrolman Tom Harry on the stand, and like the latter, liis testimony turned Into what seemed strong evidence against the defense. After District Attorney Dailey had gone through the list of government witnesses whose reputation for truth, veracity and morality had been declared bad by the witness, this list includLng Ed Holler and Jack Nugent, the following question was asked him by the prosecutor: "And you have heard that the chief of police and assistant chief of police were used by somebody, over their heads, in doing all sorts of dirty election work in Terre Haute, and you have heard that time and again, haven't you, Mr. Armstrong

To this Mr. Stanley objected, saying: "We object to that, your honor, because it is not proper cross-examination of this witness."

Judge Anderson said:' "This is the most remarkable situation I haVe ever heard of. I feel, sometimes, that it is my duty to take care of some of- these defendants. When I see witnesses put on the stand to testify truthfully, as this witness has, then when the crossexamination comes on, I feel like somebody ought to defend some of these defendants. These men are preeumed to be innocent until the jury finds them guilty, and I feel that somebody ought to defend them. I feel that way about It. There are men here on trial who are guilty, but not so guilty as others. Is it possible that they are to suffer for this sort of thing? It is the most remarkable thing I have ever seen,— to put these witnesses on the stand to prove a perfectly obvious fact, that these sluggers and repeaters, who have come here before this jury and confessed their -shame—confessed their guilt—to prove the perfectly obvious fact that they have bad reputations for truth and veracity, and then have it developed on cross-examination, the terrible situation down there! Gentlemen, I feel like somebody ought to come to the defense of some of these men. Read the question." (The reporter read the last question above).

Mr. Stanley: We objected, your honor. The Court: You ought to have kept the witness off the stand. Proceed.

Back on Joe Jeffers.

The district attorney continued the examination of Armstrong concerning the appointment of Joe Jeffers as a bodyguard of Mayor Roberts, but the witness said that he had never heard that Jeffers had been a personal bodyguard for Roberts, but he knew that he had been put on the police payroll. Dailey then started in to ask the witness about Dean Jeffers and his appointment as an election sheriff, but he quit suddenly with a disgusted, "Oh, I believe that's all, Mr. Armstrong." Stanley then took the witness on redirect examination to ask him about his present superior officer, and Dailey objected, and Judge Anderson asked Stanley what the object was of the question.

Stanley—"Your honor, if there was a conspiracy—" and that was as far as he got before the court interrupted him with: "Are you honest in saying that?" adding that a conspiracy had been established and the only question to be considered was whether the defendants were parties to it.

Stanley replied to the court's question as to whether he was honest in questioning the conspiracy by saying, "If I did not put it that way I could not be honest to my clients." He went on to say that he expected to show that if there was a conspiracy it was because of the activities of Holler and Nugent, when they were in control of the police department, and that it was beyond the control or knowledge Mayor Roberts. He expected to prove, he said, that since Holler and Nugent had been deposed the condition which the witnesses had testified to ~had stopped, and this in spite of the fact that Donn Roberts still continued mayor. "It stopped," said the court impressively, "after the government took hold of it, and not until then."

Tom Barry Next.

Tom Barry, the redliglit patrolman, gave the first evidence that led up to the afternoon's climax, which, like many that have occurred, came within a short time before the adjournment of court. In fact the last half hour of the day's session was filled with sensational incidents. Barry was placed on the stand to attack the general reputation of Ernie Silvers, Dago Finlayson, Jack Powell, Oscar Surrat, Otto Trappier, and the other defendants in the case who had pleaded guilty and then offered evidence for the government. It was noted that Stanley asked Barry if he knew Jack Hines, but he went no further in that direction, and did not ask what his reputation was. Stanley was as deliberate in his actions as if he had all spring and summer to ask the stereotyped questions, and when ho finished Dailey took hold of the witness and made him a strong one for the government.

In response to the fast-following questions of the district attorney, Barry said that the men whose reputation he had griven a black eye were known as the most expert election repeaters the city had ever known that Bert uosser, was just out of the penitentiary where he ha.d served six years of a ten years* term when he was made a member of the Taylorville board that "Prenchy" Ross was known as a bad man who could successfully handle the colored repeaters on election day that Wm. Crank could be "handled easy:" That •Toot Board Pete" had beer, known for years as a skillful fixer of false registrations and was always busy around the polls, and so he went on through the list of government witnesses. He told of arresting Wm. Moore on a charge of highway robbery, although •Moore told him at the time that it wasn't worth while as he (Moore) already had it fixed, and that within ten minutes after arresting him he met him on the street. He said the work of the police officers in the west end had been hampered by these men who threw up in their faces that they were all right because they had voted right, saying "it's, no use sending me to jail, I'm all formafVcompanie?tr^I!i

honor of WK- Wood

)ENCE IN THE ELECTION TRIALS IN FEDERAL COURT STEP BY STEP Mill JNDOT DEFENSE

"We got our orders, from a lot of 'em," said Barry. "You were tied up in weren't you?" asked the torney,

Signing of the Bond*.

"We wore sure tied up the last six months before election," was the response. Asked if he had been in the Sixth ward on election day Barry said he was and that they were busy repeating all day long, going from Pre* cinct A to and back, and kept this up ,all day long. He told of the west end saloon keepers being called in to headquarters by the mayor when the first eighteen mon were arrested to go on thetr bonds. He said he didn't know whose bonds these men went on, but he knew that they signed bonds that were refused by the district attorney and came back. Ho said that Nugent and Holler tied their hands iu" their work, but he said he didn't know who tied Nugent's ^nd Holler's hands. The witness was then turned over to Stanley for redirect examination and he asked Barry If the hands of the department heads were tied now, and Dailey laughed as he said, "Election's over now and it doesn't make and dlffereno®." Stanley asked Barry as to the reputation of Holler and Nugent and the witness said It was bad. Dailey asked him If In spite of their bad reputation they weren't good enough to be appointed to their positions by Roberts.

Captain Armstrong was then placed on the stand and his testimony as to the bad reputation of the witnesses for the government led to the statement of the court that "some one ought to defend these men." Armstrong said that he had heard that Holler got his appointment as pay for the crooked election -tfork he had done in the last municipal election and that the same was true of Nugent, whose work he had seen in the redlight section. He said, also, that he had heard that Nugent had been used by Roberts to corrupt the council to give him a $1,000 raise in his salary.

Houghton Next.

Four defendants were examined on Monday, the cross-examination of Judge Redman being in progress when court adjourned. George Ehrenhardt and Dr. John E. Green in the morning, and "Bud" Houghton in the afternoon. The cross examination of Ehrenhardt and Green was fierce, the most severe attorneys say that has ever been undergone in.the federal court in recent years. The district attorney was less severe with "Bud" Houghton. He adopted a persuasive manner toward Houghton and it seemed to the spectators at one time as if the witness was on the point of breaking down. He turned red and became nervous, seizing the arms of the chair with both hands and then dropping them to the seat of the chair, while he insisted that he did not understand the question of the examiner. The direct examination of Houghton was the briefest of any of the defendants. He said that he didn't send John Kaney any cards marked O. K., that no person voted more than once in his precinct, of the Third, that he only instructed men how to vote and didn't turn the keys for them, never received any instructions from Donn Roberts as to how to work the. machine and fool the voters and that no men voted in his precinct except those who were entitled to do so. Stanley brought out the fact that he has a wife and two children, a point being made in the examination of each defendant, whether he has a wife and children.

Dailey began the cross examination by charging the witness with dodging, when he first said he "supposed" John Kaney worked at the polls all day, which he later modified by saying that he knew he was there. He denied having handed out severity cards on which Kaney paid the voters a dollar each, and Dailey asked him if he wanted the jury to believe that story after Kaney had testified that he had pleaded guilty to the charge. "I do want the jury to believe it," Houghton answered, "for it is true."

He denied having met Frank Fippen, at the Deniaon hotel to take lessons from him and Hilton Redman about testifying, and said he went there to consult his attorney. Mr. Stanley. Witness admitted that he worked the lever on his ma'chine until the middle of the afternoon election day, or until the eleotion sheriff threatened to arrest him And take diim

ei

lluJXl\.rj .. -Au A Jb

your work, district at-

vto

jail. He said George Wells Instructed them about their duties as inspectors at democratic headquarters, but that if Mayor Roberts was there he didn't see him. He denied that Roberts gave him $10 to leave town when the election expose was made, but that he spent it to get drunk instead of leaving. He said that he could not see how any voter voted as the wing of the voting machine prevented him from seeing.

Judge Redman Called.

Judge Redman was the last witness of the day. On direct examination he said ho had never been connetced with any political work, although he had served as an election officer in 1912. Ho had never held any office, he also said, except that of county attorney and the position he now holds. In turn he denied all the charges made against him by the several government Witnesses. He was not in police headquarters when Nugent or Holler called up a man named Dobbs In Jasonville to get liirn to bring repeaters to Terre Haute never discussed with Holler the work of registration and election, nor had he discussed ettner with Nugent, in fact, never discussed politics with the men never talked with Roberts, Nugent and Holler ot the project of bringing voters from Chicago never discussed the fraudulent vote with either Nugent or Holler, and never told Holler that "we will need them," when Holler told him there were 2,500 fraudulent registrations. as he never used such an expression to him never knew of the buying of votes or the making of false registrations and never discussed either of these with Roberts never knew of the appointment of the Taylorville board, and never sent any money to Jack Nugent by his son, Hilton, to be used in paying the members of the board.

Witness told of his 'hereabouts 011 election day and said-oW never sw~ Dnri suspended.'v

n*. sjhryer offers bar

'ot-hlng 'W

JiMi ti-pv yt shoe? and be devo''

an appointment to go with liim to kpc the governor to get his commission. He said he went to his office at about S o'clock in the morning and remain there practically ail day until (i oVIock when he went to his home. Left there about. 7 o'clock In company with Fred Beal to attend a apolitical meeting at Twelve Points, trad at its conclusion went home, Ho said he knew nothing Of the arrests at Tuylorville until he saw It in the headlines the next morning never solicited money from Tom Brady, or authorized Jack Nugent to do so for him never received any money from Nugent, or said anything to him about collecting money for him never collected any money for the democratic campaign fund for Donn Roberts and never paid him any.

The Clifford Incident.

Judge Redman said he hail a conversation with George House at Seventh and Ohio streets on election day, but it all was that Rouse stopped him and asked him to take him to a certain precinct, but he told Rouse that he was In a hurry and drove on. He said he went to democratic headquarters to help Jess Clifford secure money said to be due him for work, and finally assisted him in securing the order for the money which was cashed by Joe Strouse. He said he understood the boy's work was driving a machine but knew nothing about any crooked work and nothing of that kind was said to him by Clifford. He said he had borrowed money from Albert and James Shea, but it was a legitimate business transaction and he had given his notes for the amounts, none of which was donated to the democratic campaign fund or used for illegal registration or election purposes. He said when James Shea came to his ollico with $100, being part of a loan of $200 he had asked Shea, for the latter told him he was only able to spare him $100 at that time and he tore up a note for $200 which he had ready and gave Shea another note for $100. Later, and just before the election, he said, Shea had loaned him the other $100 he lia.d first asked for, and he had given his note for it. He said he had borrowed $50 from Martin Reilly, but it was a personal matter and the money was not donated to the campaign fund or used for illegal purposes.

He said he met "Pop" Burns some time before the election and had accepted Burns' offer to loan him $100 because he needed the money at that time, and he promised to pay it back. None of It, he said, was used for illegal purposes. He had received no money from the "Mecca" saloori, he said, at any time. He had made no proipises of immunity in any form, because of these loans, he S9.id, and he denied^ strenuously that he had made a promise of appointment to any office of Charles Smiley, an election worker. He never asked Harry Hicks to get to be progressive committeeman or to act as a democratic election, officer, and never suggested to Charles S. Miller that he act as inspector in Precinct A, Sixth ward, and had no talk with Miller about it before Donn Roberts nor did he tell him at any time that he had a right to serve as election inspector there although he did not live in that ward.

On cross examination Judge Redman said he had talked at numerous times with Mayor Roberts about election matters, but he did not remember seeing him at all Tuesday evening after the polls closed. He finally said that he did not see him until the next day, and made no appointment with the mayor to go to Indianapolis to secure his commission as judge. He met the mayor at the Denison hotel, Indianapolis, Tuesday evening, he said, but it was not by appointment and was merely a coincidence. They went, together with Prosecutor Werneke, to the governor's office about 8 o'clock that evening, but he said it. was not for the purpose of asking for the commission, but to discuss the matter with the governor. He said Mr. Werneke talked with the governor about the matter but he did not remember that he asked the governor to issue the commission. Dailey asked him how it was that the governor refused to issue a commission when it was not asked for, and he said he did not understand that the governor refused to issue it, only that he said that it would not be proper to issue it at that time. The court their dismissed the jury until Wednesday morning.

Seven Men Released.

Before adjourning court Judge Anderson announced that he would order fihe release of the seven men, who had been brought from the Vigo county jail by writ of habeus corpus to testify in the case, to be returned to Terre Haute. The court said that if these men, who are. in the jurisdiction of the court, were arrested by any person, policeman, other official or citizen, he would take the matter up with them and said he wanted to make himself plain that if any punishment is given these men It will be in the federal court. The court further said that It had come to him that, while Dennis Shea and Thomas Smith were in the Marion county jail, where the others were also confined, the promise had i'een made to the witnesses that if they would appear before the court and announce that the officers named were not responsible for their arnest in Terre Haute they would be taken care of over there. He did not say what action, if any, would be taken in the matter.

There are few men living but have something In their past that they would prefer not to have heralded from the housetops, but the witness stand in the federal court in the election case under the grilling cross examination of District Attorney Frank C. Da'ilty, is a poor place for the man who has anything to be kept quiet.

Dr. John E. Green found it out Tuesday morning, when Dailey called him a burglar, a receiver of stolen goods, a sure-thing gambler with a circus, and a murderer. Green said in reply to the first charge, "Why, I never had a man call me a burglar in my life." He admitted having run a pawn shop, but said if he had ever bought stolen goods it was because he hadn't known they were stolen. An instance was recalled of a man who had sold him stolen goods, and he had been called on to give iljem up, bu£.he said he had told f«en

The hnntber of ".as

ceiyf'i 4 i-.'5 jAuguat ji'2, 28. 24 1 coma f'1, ^trunks.

know nbout. He denied that he had ever convicted of murder, and said lie had been acquitted by the coroner. "Acquitted of murder by the Conner," said Dailey, "What state W03 that in?" "Terre Haute," was the answer,

Raeber on Stand.

Henry llueber, plumbing Inspector who was inspector at Precinct. D, of the First ward, was a witness during the afternoon as to the work in his precinct. The district, attorney recalled Ills indictment last year for election frauds and asked him If he had ever been in any further trouble. Tie said njne but. his "sight seeing trouble," which gave the examiner an opportunity to ask him if he meant, the "sight seeing trouble" he got into by raiding the, offices of a law firm in Terre ^Haute, for which he was fined $100 and costs and given a thirty daysentence in jail. Raeber admitted the fine but said it. was suspended. Raeber answered "No" to all the questions asked him by Stanley concerning the reported violations of law in his precinct and denied to Dailey that any one had stopped him from pulling the lever there. Dailey asked him if he was the man that made mn affidavit that he had paid the head of a previous administration $50 to gret an appointment, but Stanley objected to it on the ground that no man could be required to make an admission "that would bring shame on him," and the court sustained the objection.

The statement by Representative Stanley Tuesday afternoon that he hoped to prove, if there was a conspiracy, that it was due to the work of Holler and Nugent, and was beyond the knowledge or control of Mayor Roberts, sets at res'- the stories that have been current that Roberts will not take the stand in his own behalf. Mayor Roberts said Tuesday afternoon when asked if he was to go on the witness stand, "I'm not giving out any interviews," and his attorney when asked the same question said that he had no statement to make. He cannot hope to prove such a condition of affairs, however, without the testimony of the mayor himself. The day that he takes the stand will surely bring a crowd to the federal building. "Bull" Conway is becoming the real jokesmith of the election case, and seems to be very little interested in its outcome. He said in Marshal Storen's office Tuesday noon, after Dailey had finished his terrific cross examination of Dr. Green, "They talk about those new French guns that are doing sw much harm to the Germans. Why, they're not in it. That man Dailey's got 'em all cheated. If I went on that stand he'd tell me about shooting up that gypsey camp, running an automobile into a church and a fewother things. Uh! uh! Not for Bull."

Fires on J. H. Lewis.

J. H. Lewis, who was a judge at Precinct C, Sixth ward, said when Dailey asked him, "What were you doing when ninety-one men voted there without registering and fortjr-one names were voted twice with the same registry number?" that he "was busy watching to see if everything was on the square." The crowd laughed until the court .had to rap for order.

Jack Rogers, to whose testimony Dailey objAted because, he said, no charge of illegal voting in hie precinct, of the Second, had been made, testified before he got through that he had been instructed about throwing the lever at a meeting of inspectors tii democratic headquarters at which Mayor Roberts was present and made a talk along with a number of others. Judge Anderson asked Dailey if he didn't want to withdraw his objection, to which he agreed. One of the contentions of the government has been that such instructions were given at a meeting of inspectors "at headquarters, but Rogers was the first witness for the defense to testify to it. One time during Rogers' testimony he started to answer a question with "It strikes me to which Dailey replied. "It win strike me. too, if you will answer my question."

At another time when Dailey and Dr. Green were fencing about a reply the former was trying to get to one oT his questions, he declared impatiently, "I'm not in a. joint Voate A time Dr. Green answered "no" before the prosecutor had finished nis tion, and Dailey said, "How can you answer 'No' when you don't know what I'm going to ask you about?"

A few moments after Judge Anderson had sustained one of Representative Stanley's objections the attorney arose and made a motion to -strike v'.io matter fm^i t*« "I thought when an objection was sustained the nuiiter \m. .. stricken from the record," C'ailey said. "I thought so too," was the court's dry rejoinder.

It is known that several of the defendants have changed their original plans and will not take' the witness stand. George Sovern anounced Tuesday that he would not take the stand, and "Bull" Conway says he will not. Sheriff Shea says he is in the hands of his attorneys, and whatever they advise him to do he will do. Maurice Walsh made the same announcement. Alex. Steel says he can easily expiam any charge against him. and Joe Strouse is also to take the stand in his own behalf.

The defense made a point when it secured the admission of the testimony of Robert Ramsey giving the names of the alleged irregular voters in Precinct

A.

"SSi?.

of the First ward, over the

determined fi.r?ht of the district attorney. The latter claimed that the record had not been introduced in evidence, and was the private property of Ramsey, who is a special agent of the bureau of investigation of the department of justice. Judge Anderson at first said he would not require a man to surrender his personal property as evidence in the case when the names could be taken from the records, as Ramsey had taken them. Stanley insisted on his proposition because of the "infinite wTork" it would ,be for the defense to do this, hut Daily retorted that it had been an "infinite work" for the government. Judgf. Anderson finally admitted it. and iWor Roberts wore a gleeful smile at the victory. Ops of th .Afros' 1 an a a lb 1 crVf

KEWS^, Tth.

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tejs befo?

'C£A'

Rumors ar^ as common here as baseball championships in the winter league, the corridors of the federal building and the hotel lobbies being the places where they are most current. One rumor Tuesday was that Stanley ana Mayor Roberts had had a serious falling out over the introduction of the voting machine, which was subpoenaed for the defense and then introduced bV the government Another was that Judge Redman was to have additional counsel at this state of the game. Botlreports are untrue from ail accounts.

Another sensation was promised for] Tuesday over a reported attempt to intimidate one of the government witnesses, but it has not materialized as yet, if there is anything in it at all.

Report has it that Judge Robey, who retired from the case, is agaip engaged in it. although not appearing in court. The story has it that he is engaged in preparing a bill of exceptions in contemplation of a. finding of guilty and an appeal to the United States circuit court. Judge Robey retired from the oase immediately after making a brief opening statement for the defense, In which he admitted that there had been acts of violence at the election in Terre Haute, but that this did not constitute 1 conspiracy, fhe cause of his retireI ment was announced at the time as due to illness, but he is known to have been at his office a day or two afterwards.

Ten of the defendants have thus far testified in their own behalf. The list includes Harry S. Montgomery. George Khrenhardt, William S. Crockett, Dr. J. E. Green. Charles Houghton, Fred Morrison. Judge Redman, whose crossexamination has not been completed.

Tip" O'Brien, John M. Masselink and l.'vji* Nun ley.

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waste matter and poison r^ bowels. Remember, a Cascaret t°nighf°^sej, straighten you out by morning^^ 10-cent box from your druysist unhealthy bowel action a clear head cheerfulness for months. Don't fori the children.

Bad Habits.

"No," exclaimed Richly, "ouri son will never amo»yit to anything untill,^ he marries." "Why?" asks his wife anxiously. "He's got to get over trie vab|U o"' hanging around the house."—

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