Daily Tribune, Terre Haute, Vigo County, 1 April 1915 — Page 5

lie alsv, /rfai .e machine, vestigation. stified he had inreet addresses on rations for registraMassalink and found sibie number, anoththird was about five end of the street in a railroad yard, ey testified that Eh:ily refused to perrate the lever on the •. but hit him in tlie his elbow when he inking the lever. He said Ehrenhardt had hold of it was turned. •Tisz said he stood outside lace in Precinct C. of the and watched Fred Morriction inspector who is also ,t. He said that while he the inspector went behind machine with four out of 3, that came in. He also OTfeon operated, the lever all .. .. Morrison had said he never the lever and did not go bemachine. mjey, one of the SS who have ^filty and who testified for ii-fiment, denied, when recalled, instructed Charles Houghton, dant who was also an election or, to operate the lever as hton stated when he was on the I in his own defense. the end of the morning session Dailey announced that he would but a single witness to examine afternoon. A. O Stanley, chief nsel for the defense, announced he would have some sur-rebuttal connection with the evidence about idwriting and street numbers introid by Mr. Dailey.

Roberts' Conversation.

here was some talk about the fed1 court building that a number of defendants, who have not been very iottsjy involved, expected to go on a stand and testify in their own be,lf. but will not since Roberts did jt take the stand, the inference being nat Roberts not testifying has de-

^Foster "Whsatfield of

Fourteenth

street,

number.

Frank Jones.

1104

Batt Sprinkle. 1419 South Fourteenth, was called to show that there was no such man a? T. Sprinkle lived at his number.

testified that George Ehrenhardt operated the lever when he voted and said Ehrenhardt had watched him prepare his ballot.

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lefense introduces further in offset to the testimony be offered by the government in al. Just as court adjourned

was called to show crooked election work to which

itok no such person as "Joe Barry" had pleaded guilty. Dailey fairly one'xf the registered names, ever lived revelled in the crooked records his at that,

South Fourteenth he dwelt on

street was called to show that no such a man Tived at his number as was registered from there.

Tablets today. ereat tonic preit work

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Thomas B. Lay ton was called and suicidal act of putting Fred Armstrong

C. Ed. Talley said that Louis Nunley operated the lever when he voted and he said he saw him work the machine for other voters.

Closing a Surprise.

The sudden closing of the defense in th6 election cases Wednesday afternoon was a surprise to the government, so sudden, indeed, that District Attorney Dailey had to ask Judge Anderson to adjourn court at 4:30 o'clock in order to enable him to secure the presence of witnesses that had been summoned for tomorrow morning. There area number of these witnesses.

of

K?p-

Ative Stanley submitted to Judge on the instructions he desired

j/e

given the Jury on behalf o( the vants. ge Anderson would not say ir or not he would limit the nts in the case, but the lmpresprevalent around the federal that he would not limit, it.

Htive Stanley has a reputaorator and some of the deare placing great hope on the (.may produce on the jury by sentences he is reputed to ept in handling. The opening ^nt for the government will bo d- Assistant District Attorney '. Mangus, who has been active preparation of the government's of the case and is familiar with estimony. He has occupied a scat table for the government during ntire trial, and has constantly in touch with the district attorney the entire case. The assistant strict attorney was originally from Ladoga. Montgomery county, and is the third of those prominent in the case who are from that county. The others are Judge Albert B. Anderson, who was appointed to the district judgeship by President Roosevelt in 1902. Judge Anderson, by the way. was a former classmate at Wabash college of Jacob D. Early, formerly a leading attorney of Terre Haute. Finley P. Mount, who represents Arthur B. Gillis, is also a former resident of Montgomery county, and was a law student in the office of Judge Anderson, when the latter practiced law at Crawfordsville. The closing speech for the government wtll be made by District Attorney Frank C. Dailey. who has demonstrated wonderful ability a? a trial lawyer. He has lived on a Terre Haute election diet since last November, and his system is so full of it that it fairly oozes from him when he talks. His opening statemerit for the government was looked upon as the fiercest arraignment of men charged with an offense of that cnaracter known in modern practice.

Closing Arguments.

Representative Stanley will make the opening statement for the defense, and will be followed by the other attorneys who have represented several of the other defendants aside from those for whom Stanley will speak. The order of the speaking cannot not now be positively announced, but it is known that former Judge Charles J. Orbison, of Williams & Orbison, will represent Sheriff Dennis Shea, Maurice Walsh and Judge Thomas C. Smith. Finley P. Mount will speak for Arthur B. Gillis. Clarence Nichols will speak for William Doyle and Geonge W. Woodall, and J. H. Keplinger, of Rushville, will speak for Wm. B. O'Donnell, who secured his services in the closing hours of the triaL

It is said that in the last day or two of the trial when Patrolman Tom Barry and Capt. Fred Armstrong were put on the stand to prove the bad character of the host of government witnesses, that attorneys for some of the defendants pleaded with Stanley not to do it, knowing the disastrous effect' of a cross examination by the district attorney. The men whose characters

rived them of an opportunity to helpj were attacked in this manner had adlemselves in the case by what testi- mitted their bad character, and it was rony they would be able to give in thought suicidal on the ptrt of Stanleir own behalf. ley to put witnesses on the stand to

-The situation recalled Roberts' con^ ersation to Captain Halls, of the secret service on the night of the arrests, at the Deming hotel when the mayor said: "Well, I got these poor fellows into this and if they go to jail I will go with them." The dilemma of some of the defendants now reverses the order.

731

prove facts that had already been admitted. When the facts were brought out in the cross examination of these witnesses, that many of them had served prison terms for law violations, the effect of such cross examination wa' it seems, more than offset by the bringing out by the government that the crimes they had confessed to did not

South incapacitate them from performing the

they

witnesses confessed to and every time

but served to prove

their capacity to perform the registration and election frauds. When Tom Barry's cross examination had established the fact that the policemen's hands had been tied by the election workers, who boasted of their immunity from punishment, the still further

on the stand was added to the blunders that seem to have marked the main defense throughout. It was after Armstrong's testimony had added to the facts that had been testified to by Barry that Judge Anderson made his remarkable statement in which he said that he felt it his duty to say that some one ought to defend some of the defendants, who were presumed to be innocent until proven guilty, and who had perhaps lesser degrees of offense than some of the others.

It was a severe rebuke to Representative Stanley, but it Is said that while some of this damaging testimony was beinsr brought out he sat and smiled at the court. Nero is reported to have fiddled while Rome burned, but some of the men who felt inwardly that, while they rna.y have comrnitteed some wrong things in the' election, they were not of such character as to tear them away from their wives and children and did not appreciate the fact that the only counsel they were able to employ in the case sat and smiled when the testimony brought out that could not nave been introduced but for the errbr ot the leading counsel of Introducing officers a.s witnesses to establish the character of men, who had already confessed, ft is known that some of the defendants are very sore at the way the ca.se ha.^i, been handled, and ting a southern la* in order and

stvj" wider cros* Jfcamination at the 1^ of District Attorney Dailey. The

was merciless in his treatment the witness as he brought out by the questions he propounded the government's contention throughout the case The naming of Frank Fippen as- special judge iii the recount case was de nied by Judge Redman on a direct question by the examiner, but when the record of the appointment was presented to him for identification he admitted that he had appointed Fippen after the counsel for rulliavn and for himself had scratched two names from the list submitted to act as special judge, and left Fippen's name as the only remaining. "No, sir, I did not appoint, him," was Judge Redman's answer to the question as to who appointed Fippen as special judge. When he finally admitted the appointment, Dailey asked him: "Who named Fippen on the list from which the special judge should be chosen?" and the witness admitted that he did.

Much time was taken up with testimony regarding the punishment, of a Terre Haute newspaper man by Judge Redman for contempt of court, and with the empanelling of the grand jury for the November term that began an investigation of the alleged election frauds of the November election. During the latter testimony Judge Redman made the point that the grand jury had been called by Judge Fortune, his predecessor on the bench, and that the sheriff had made return that all the men drawn on the jury had been summoned for service. Judge Redman referred in his answers to the borrowing of money as perfectly legitimate business transactions and said that none of the money referred to had been used to buy illegal registrations or votes, but had been used for his own personal purposes and not contributed to the democratic campaign fund. His rross examination occupied more time than that of any other of the defendants in the case. Later in the day Miss Leona Rausch, court reporter in the Circuit Court and Redman's former stenographer, was put on the stand to testify to the fact that Judge Redman's dealings with Jess Clifford, who came to him to secure pay for driving an automobile on registration day, were not questionable.

Elder's Blow to Gillis.

Finley p. Mount, who made his first real appearance in the case when he examined witnesses in behalf of Arthur B. Gillis. did no do much to stem the tide against his client. The first witness he put on the stand, Joseph G. Elder, in reply to the question as to Gillls's reputation for honesfy, integrity. peace and quietude, made reply, "Bad." The reply fell like a bombshell inside the defenses of Gillis and Attorney Mount was visibly affected when he arose to address the court. "I am surprised," he began, when Judge Anderson interrupted him to say, "I am surprised, too. Not at the answer, but that the witness was put on the stand." When the question was amended to cover the period up to the return of the indictment against the defendant, the witness said his reputation was good. None of the witnesses put on the stand for Gillis did him any good, in the opinion of those who heard them, a,nd at one time Finley Mount in addressing the court referred to Precinct A, of the Sixth ward, as having been stolen, endeavoring to bring out the fact that his client was the only person there who made any attempt to prevent the flood of illegal votes. Tt seemed of little avail to Mount, however, and although Gillis had a number of witnesses that were not placed on the stand. Mount suddenly stopped and announced that he had no further evidence to offer.

Stanley Missing.

The end of the Gillis defense led to an impressive halt in the proceedings shortly after court met at 2 o'clock. Judge Anderson asked, "Does the defense rest?"' and there was no response. Representative Stanley had left the court room at the noon adjournment with the understanding that the afternoon would be taken up with the Gillis witnesses, and when the court asked whether the defense rested, he had not returned. Mayor Roberts was seen to hurry to the anteroom looking for Stanley, and there was a long silence which was broken only when Judge Redman aroso to tell the court that Stanley was at the hotel, not expecting to be needed for a while, and that Roberts had gone after him. The court waited while the crowd discussed in undertones whether or not the case was to end in that sudden fashion. In a few moments Stanley made his appearance and took up the examination 'of two witne?3es in behalf of Hilton Redman. They were Homer McKay and Ray Sullivan, who attempted to establish the fact that Redman was at democratic headquarters during the entire afternoon

and evening of election day, and was

too busy answering the 'phone to call up any others and issue flip orders to hold certain precincts until he was heard from, as he had been charged with doing. The testimony did not prove to be important and after a. few witnesses had been called by Dailey for re-cross examination, and others had been excused court was adjourned until Thursday morning,

The defense had a number of witnesses waiting to be examined, including Louis Dreher, former trustee of Fayette township, but the ,«ruddcn determination to rest ended the need of their presence. The abrupt end of the Gillis defense was due to the fact that Judge Anderson refused to admit certain testimony that tended to establish the fact that Gillis served under protest., and that he was forced to

1

tStep by Step

I

fads that the government hail present ed against lilm. Ho said that, he had acted only a.s interpreter at Preclnd Seventh ward, ori registration and election days, and had not done any of tin things that the witnesses had charged against him. lie said that, the foreigner that Dr. Madgje Stephens Patton had said he ora.ggert to the polls was a naturalized citizen, a Russian, who had become scored when Feiler was shot, and had tried to get. away, and that instead of dragging him through the chute as Dr. Patton had said, he only took- him by the hand and tried to lead him to the voting place and get im to vote. He assured the voter, he said, that he would not be injured and that when Mitchell had shot Feiler the boy had been told that, if he tried to vote he also would shot.

This was the voter, Dr. Stephens had said, Steele had used force to drag into the chute, until she appeal ed to the crowd to ask if they proposed to allow one man, Steele, to run the precinct. The gun which Dr. Patton had said Steele carried all day he said he had taken away from Wesley Mitchell after the Feiler shooting, and he denied that he had held his gun to Mitchell's head as he lay on the ground where he had fallen after Feiler was shot. Steele said that he did not attempt to get any of the foreign boys to give the wrong age to register, but instead had told them all that they must not attempt to register unless they, wore naturalized and over 21 years of age. Dailey was not very severe with Steele on his crossexamination, but throughout it Steele denied that he had tried to coerce the foreign boys into registering, or had tried to intimidate them after the trial began to change their testimony in order to get him out of trouble. He absolutely denied that he dragged Wosz Groszi, one of the minors who testified against him, into the dark to try and get him to gather the boys together and frame up a story to tell Judge Anderson denying the testimony they had given against him.

Ehrenhardt Re-Called.

George Ehrenhardt was recalled by the government to testify regarding the letter he had written to contractors on the letterheads of the Vigo Washed Sand and Gravel Co., signed by him as secretary, after he had become a member of the board of public works. He denied this on the original cross-1 examination but when confronted with one of the letters acknowledged that it was his signature, but said he had written it at the request of one of the officers of the company becauser of his former connection with the company.

Wm. S. Crockett was also recalled for further cross-examination regarding the $100 which was alloted to committeemen the night before election, but which he had denied having received. Dailey asked him if it wasn't a fact that Lee Allen had gone to him election morning with the statement that Donn Roberts had told him (Allen) that Crockett had been given $100 and that he was to give a portion of it to Allen to work with at the polls. Crockett persisted in his original statement that he had not received any of the money, and didn't remember that Allen had made any such statement to him. "Bud" Houghton was recalled by the defense to tell of the furniture in the room in the city hall, the old engineer's hoom, where the witnesses had testified the registration cards and blanks had been written. He said there was nothing in the room but some chairs and boards, but on cross examination Dailey asked him if there were any chairs and tables in Terre Haute that might have been used. He said there were and also that there were 25 or 30 chairs in the city hall and numerous chairs,

Moorhead Last Witness.

George A. Moorhead was recalled in behalf of William B. O'Donnell. and testified that he had gone to O'Donnell's saloon about 10:15 election morning a~d visited the voting place and later had gone back to the saloon and that O'Donnell had gotten into Moorhead's machine and gone to the voting place «t Ninth and Ivafayette and returned shortly to the saloon. When asked hs.w long he had remained there he said, "Just l°n&V enough to drink a bottle of beer." J. H. Kiplinger, of Rushvillfe, examined the witness in behalf of O'Donnell and tried to get into the record the fact that Moorhead had often been taken for Sheriff Shea, owing to some resemb'ance between them, but Judge \n-

rson

awaa hf, -was afraid

refused to admit it when Dailey

objected. Moorhead was the last witness to be examined by the defense aild adjournment. was then had untii Thursday morning at 9:30 o'clock.

Billy Doyle's Experience.

"Billy" Doyle felt for a minute or two during the afternoon like a mail who had unexpectedly received money

rom

homo It was when District At-

torney Dailey made a statement regarding a letter he had received from Charles A. Patton a.s to his testimony to the effect that. Doyle and George Sovern had collected $20 from him for registration purposes last fall. When questioned at the time by Clarence Nichols, attorney for Doyle. Patton sa.ld he felt sure it was last fall, but said his books would show when he paid the money to them, and that he would look it up and correct Ihe statement if he found it untrue as to the time. He was in the federal building during the day ready to testify that this money was paid in 1!1K!, but went home without appearing on the stand. Dailey said he felt assured of the truth of Patton's statement, in addressing the court, and Judge Anderson, misunderstanding the remarks, said he would at the proper time instruct the to find for tho defendant Doyle. ,s made Doyle and his friend's feel d, but Dailey said he wanted to j.ke a. further

statement

Thai dav-bv-dav

established the individual act of anj one defendant that tends to promote or effect the purpose of the conspiracy is convicting of that defendant and bind-

and her sister also testified to that Lawyers Have Run- n.

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to the coui

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Sovern. "Bull" Conway. "Billy" Doyle Rh.van, Dr. C. E. Ervin, William L. had a "run-in" Tuesday morning over and Perly McKay, "Tip" O'Brien and Canary, Earl Rood, D. E. Chopson, who I what the former did not hestitate to John Masselink. The trouble about the had testified several times previously, say he feared might be an' attempt whole matter is the contention of the William Bedford, Sr., Jack Walsh, who at tampering with the voting machine, government has been from the start was democratic clerk at A in the Sixth The latter had been turned around at that after the conspiracy has once ueen ward, and Walter Ely all testified in the request of the defense," from the behalf of Arthur B. Gillis. Bedford posistion in which it was first placed, was the progressive" judge there, and facing the jury, so that the back of it testified that he didn't know whether was presented to the jury. During if! votes that were found rung up when the first recess of the day, about the ing on all the rest of the defendants. ti*e polls started were counted or not, middle of the forenoon, Stanley, Mayor In the opinion of many there has been and Judge Anderson asked him aguii*. Roberts, John M. Masselink and Ed. little evidence to establish, the par- after he had testified, if this was a fa^ct. TotzeJ, Jr.. walked around behind the ticipation of the defendants named in An effort was made by Finley Mount machine where only their heads could the conspiracy but the few things in to show that Gillis had protested be seen. Mangus. who does not allow which their names have been men- against this, but the strongest evidence a move by the defendants to escape tioned may have the effect of holding Chopson could give to support this was him. followed them over behind the them as participants. It is thought that Gillis had said, "Shall we take 'em machine or to a position where he that "Tip" O'Brien would most certain- or count 'em," and after talking it over could see what was being done, if anyIv have been overlooked in the con- the votes had been counted. thing. Stanley resented his iction, and viction, if one comes, if he had jge- Lafayette Roberts was put on the asked if he could not hold a private mained off the stand and had not test!- stand to show that he had been chosen conference with his clients, to which tied that he did not see Sheriff Sluajas inspector'at of the Third ward Mangus replied that there were places at OT/onnell's saloon on election day (when Timberman. who had been named f°r

when so many witnesses testified tnat for the place, did not serve. He was hind the voting machine, and- that he. they had seen that official there. It is elected as inspector by those present did not propose to have them there notable among many notable events of at the polls when the other man did without knowing /what was going om the trial that not one of the regular not show up. as required by law. The Later in the evening Stanley approach-• members of the election board at Pre- evidence showed that when W. H. Kay- ed the assistant- district attorney in cinct C. Sixth ward, has turned state's ser found he could not serve in of evidence in the case, the only one in the Seventh he named William Crockwhich this condition existed among the ett. as Elmer Crockett when Judge several precincts that were under fire. Cox's deputies arrest*d him named Joe Every defendant from that precinct Kelley as his successor. As Roberts still maintains that Fred Morrison did was leaving the stand Dailey asked not turn the lever durini? the day him if he was

any

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