Daily Tribune, Terre Haute, Vigo County, 3 April 1915 — Page 6

Page PDF (11.41 MB) Locked

Back to issue view

1L (a as) led ofla. 3 Aent

Save tic

thei,ell

iai?

VOTE FRAUDS

Continued From Page Ono.

every false registration and every false vote that it will become impossible to get any citizen to serve on the boards.

As to Louis Nunley, he said that N Wiley was only actuated by a desire to aid the voters to vote. That he did not know he was violating the law when he operated the machines and if he did and did do all that was charged against him that this does not prove that he was in any conspiracy to defraud the government as is charged in the indictment, Stanley said.

He passed on to Talbott and said that someone was required to hire Vehicles and automobiles on election day. Funds were solicited for this purpose, that it was always done, that someone had to issue cards to these drivers and keep account of the expenses. He said that even if Talbott did do all of these things, that even if he issued cards of the names of the voters or whom he supposed were voters in the different precincts that this did not constitute conspiracy and he should not be branded as a felon.

Take Up Sovern.

As to George Sovern, lie said: "While he is known as a gambler which I do not paliate or condone, the only testimony is that he paid out money for campaign expenses or

election day.

Our elections are so organized. They have been from time immemorial. That is no conspiracy. Some one is chosen in every election to do this work and it happened that Sovern was one of these men. That does not make him a conspirator. That does not make him a felon.

The attorney referred to Alexander Aczel, alias Steele, as "that unfortunate Hungarian," and asserted that he was only doing his duty by his countrymen. He added that if Steel had told some of the men to say they were 21 years old when they were not that fact was not sufficient to connect him with the conspiracy. He contended that Steel's attempt to influence government witnesses was due to his ignorance of American jurisprudence and his fear of the law.

Taking up John Masselink he said: "This man worked all day aiding voters making out their registration blanks and only five false registration blanks have turned up in that precinct. ,„e Do you think that if he was in a con,^a

JL ,.

atCar

piracy to do that kind of work he

would not have accomplished more.

W5 ^ideI'hey hring expert testimony here to

nttjfcf1"® n°t

?S°es

hand writing. You can prove

tChything by expert testimony. I could prove that Mr. Dailey here is crazy or hat he Is as sinless as the angel at its mother's breast "About Masselink's riding in an automobile with George 'Three Shell' Rouse, I predict that if I went to Terre *Haute and hired a chauffeur he would lot be one of the elite of the city. "We

trying Masselink because he

not

associate with the elite of

"S'erre Haute, neither are we trying him SernptQj. being color blind. If he did everyae sce^hiing that has been alleged against shitz^hiim, still it does not prove that he was I of S-'a&i

any

conspiracy to defraud the goV-

corn^^-nment." :h ofay. Expert testimony was ridiculed by ernent Tkr. Stanley when he discussed the

Pa^Avidence against John Masselink, sealer :he Ser«f weights and measures. A handjvriting expert testified that the signa^^^^SlJoires on a nunber of applications for th'^fgistration which Masselink said he written, was in the same handw.s»' Titing as the body of the application.

E.Mr. Stanley referred to the Thaw 5e, stating tfiat "an army of experts 2pall erted that Harry Thaw was as crazy inf loon, and another army of equal «l SOI* swore they were certain that Thaw "ickes absolutely sane." Then turning to 'ague Dailey, he said: could get any number of experts

swear that Mr. Dailey was crazy

north,.ctii »riminaii

TrU

had something the mat-

with his heart or liver, and then

Jnsdcould get other experts to testify that ucatio'f was physically perfect, and that he .patches Innocent as a babe at its moth-

breast."

Green's Position,

oian aouns :iin a Igbfohn E. Green, another defendant, ^have lfvo*s in no way connected with the city but ne^°ttinistralion, asserted the attorney, border. 'intSalcl the charge is that Green gave ^y. cks to two that were redeemed, and

1,5jj

of the men, said to have redeemed

#erlsn re^ check, has denied the statement. .!* I

carr'eeAndrew

(Tip) O'Brien and Timothy

Jit enter.pygj]) Conway, accused of rushing in

^*r°"GerTlt-Waters in Precinct of the Sixth ^•r had were considered together. Stan-

rtlon

lrp?n vLl:Mr-

asserted that the vote was being

•^1* t? I'^kyed there, and that these two men sfzf their duty in trying to hurry

fea

votes through.

Stanley said in the case of

jf iwles (Bud) Houghton, another deth6^

I^:Rl^ant

city

employe, it was

f?vV Wori against John Kaney, who had ov^esjtaded guilty. Kaney said Houghton, on in t,n(j inspector marked "O. K. ne mspaec g..

on car(jSi ana

agree/a

,Ta,r lit.

^ne

JeV S

lted

aln into

USTRIAI

erlin sian BERL»IJ Ipril 3 0,000 Ru he last t! athiang, asm in B' *'ar office at tt ^t all Slav at and tJBzoi,

LHn

a if

that Kaney re-

them at $1 each. Houghton

'ijl ^Vhy Pearley McKay was brought this case I can't understand,"

Mr. Stanley. He contended jay had not the slightest connec-

^rtSnCentJwith any conspiracy. .. aOSeph O'Mara, street commissioner, thwe3tfeCOreg, -lrriama

?22, 2,"

How's This?

••(9

ofier One Hundred Dollars —^Srd for any case of Catarrh 4 cannot be cured by Hall's ^"*rrh Cure. \J. CHENEY & CO., Toledo, O. undersigned, have known F. J. 'or the last 15 years, and believe :ectly honorable in all business g'On* an^ flnancla"y

ahle

to carry

obligations made by his firm. 'NAL faANK OF COMMERCE, Toledo, O. '.^.rrh Cu-e f» •aken internally, •jy upon the blood and muof the system. Testimonials -,e 76 cents per bottle. Sold

^ftfcftttfrntion

Detailed Argument in the Terre Haute Election Cases SAYS HOLIER AND NUGENT FRAMED DP

worked like O'Brien and Conway, to expedite the voting only, said Mr. Stanley. He explained the contribution collected from O'Mara by Assistant Chief of Police Nugent, who haa pleaded guilty, as being forced by the police official.

In the absence of the jury at recess, Judge Anderson called Morrison to the bench. "You may go home to your wife and children," said the court. "I'll call you when you are wanted."

The Price of Votes.

Joseph Straus paid out money on election day to members of his club for work they had done, declared Mr. Stanley. "The children of Israel are pretty good business men, whatever you say about them," continued the attorney, "and why, if Joe Straus were in the conspiracy, did he pay $2 a head when the market price for votes in all other precincts was only $1?"

Mi\ Stanley asserted that Eli H. Redman, who was declared elected Circuit judge by ten votes, did not have the appearance of a* man who "would mix with gun men a*id thugs and participate in such & conspiracy as charged in the indictment."

He added that all the acts of Redman probably were not above reproach, but that his acts were those of a weak rather than a vicious man. He also accused Chief of Police Holler, who has pleaded guilty, and Nugent with inventing evidence against Redman. He spoke of the defendant's high repu tation.

The attorney referred to Nugent's testimony that he asked Redman for money to pay the Taylorville election board and got it as "a fantastical story." H^e asked the jury if they believed that Redman, "poor as a church mouse," could afford to hand out money. He also said the defendant had proven he was addressing a democratic meeting at the time Nugent said he called on him for the money.

Mr. Stanley said the fact that the democratic organization was doing all it could to re-elect Senator Shively and Congressman Moss and "Redman had to go about with his hat in his hand collecting a dollar wherever he could" wa^ sufficient to prove that Redman had no connection with the conspiracy. He asserted that the so-called "gang grand jury" was empanelled after the completion of the conspiracy. The government, however, contends that in the case of Redman the conspiracy is not completed so long as he continues to hold the office of judge to which he, it is alleged, was fraudulently elected.

Hilton Redman's Case.

"Hearing his name mentioned so often you might think Hilton Redman the whole thing," declared Mir. Stanley. "But all the evidence against him is furnished by confessed criminals, by men who have pleaded guilty.

He grew up in a political atmosphere and it is probable he, a thoughtless boy, imagined himself a great politician and drove about the city a great deal on election day."

Mr. Stanley continually referred to Hilton Redman as "a boy" but it was brought out that he is twenty-two years old and is married.

Takes Up Mayor Roberts. Mr. Stanley beginning the consideration of the evidence against Mayor Roberts asserted that if Roberts had been the head of the conspiracy as alleged by the government, the acts of the conspirator would have bean more general over the city. He said that out of 560 or more illegal votes accounted for by the government, on'.y 131 were scattered over the city outside of the three precincts in the red light district and the Taylorville precinct. He argued that the red light and Taylorville districts were in ttie immediate control of the police, who could hold threats over the "saloon and dive keepers" and compel them to do their bidding.

The attorney denied that Roberts had anything to do with the selection of the election inspectors or their instructions. The government contend-id that Roberts not only selected the inspectors but instructed them how to operate the lever on the voting machines so that it would not register if the inspector did not want to count the vote. Mr. Stanley asserted that, if the scheme were possible, "Roberts would have been a fool to have repeaters. card systems and the like when the inspector could have counted out all but the democratic voter." He also made much of the evidence of the defense that the ratchet on the lever of the voting machine made a clicking noise when a vote was being registered and that opposing election officials would have detected the deception."

Joe Jeffers, who has pleaded guilty and In his testimony connected Roberts with almost every move he made both in regard to corrupting the registration and election, was described by Mr. Stanley as "the bad man from Bitter Creek." He said it was preposterous that Joe Jeffers on election day took time to call Roberts on the telephone and receive orders to drive away the deputies from Judge Cox's court sent to arrest the Taylorville election board.

Mount's Closing.

In closing Attorney Mount appealed to the Jury to acquit Gillis, saying "because he has been caught in this dragnet does not prove that he was a conspirator."

Clarence Nichols made what was considered perhaps the most effective appeal of the day, in behalf of his clients, William Doyle and George W. Woodall. He began by admitting that Doyle is a saloonkeeper and gambler, and that Woodall runs a saloon and operates a house of ill fame. He aald that if either were on trial for these charges the duty of the Jury would be plain. He said he was not appealing for sympathy for his clients, but demanding Justice. He admitted the existence of the conspiracy, but insisted that there was no evidence to sustain the charge that they were Implicated In the conspiracy. He st.id that both Doyle and Woodall contributed to the campaign funds because there was nothing else for them to do when .Tack Nugfcnt, assistant chief of police, made the demand on them. He had his power, by a single xtfprd. to them out of business, amf they not refuse to give him \v| it But that did not prpv«.i he

cumstantial evidence while Doyle conducted a saloon In Precinct A, Sixth ward, there was no evidence to show that a man hail bean registered lllegnlly from his place, or that he had participated In the work on either of these days. Had Doyle been a consplratorr he asked, would it have been possible for such a condition to exist? Sylvester Jordan had said that Doyle solicited and collocted $20 from him but Nugent had said himself that Doyle did hot give him a cent of money from the wholesale liquor men or others he had been sent to solicit. Knno Harms said Doyle had been named as a member of a committee to collect funds for the defense In this case, but there was no evidence to Indicate that he had ever acted or collected a cent.

The evidence showed, he said, that Jess Clifford had been sent to Woodall's garage to get his auto for registration purposes the first day, but there was 110 properly corroborated testimony to show that he had any knowledge of this fact: Krnie Silvers had testified on March 12 that he didn't know who had driven the machine the second day, but two weeks latei-, two co-conspirators had been placed on the stand to say that Woodall had driven them from Frankie Hess's place to Crockett's precinct, but this lm-l not been corroborated, and it seemed like a desperate effort to embroil Woodall in the conspiracy. Tom Brady also testified that he had seen Woodall with a machine full of men driving about the city, but he was a block away and could not identify any of the men. Frank Hess, the government's star witness .had said that Woodall did not drive a machine at any time, and Hess had charge of all the work after the fir&t day, This had been corroborated by Mrs. Hess, who unlike the other witnesses against Woodall. was neither a conspirator or a defendant. In view of these facts Nichols declared that neither of the men had been identified with the conspiracy and asked that they be acquitted.

It was about 4 o'clock when Representative Stanley began his speech, and he continued until the hour of adjournment. This will leave him four hours Saturday, and will carry him up to 3 o'clock, if he confines himself to the ten-hour limit for the defense fixed by the court. He has twenty-two defendants to represent, and up to the hour of adjournment he had referred to but two of them, Harry Montgomery and Eddie Driscoll. Stanley was in fine voice and his rounded periods and pleasing voice apparently appealed to the jury, whose members paid close attention to him. The speaker did not seem to have his facts properly marshalled, however, and several times had to stop and go through his papers to secure the name of some witness or data to which he wished to refer. The speaker said:

Stanley's Speech.

May it pl?ase the court, and you. gentlemen of the jury: I congratulate vou upon the fact that you are nearing the conclurlon of this lon^ trial upon vour patience and your close attention to the witnesses upon the stand, and your tolerant attention to counsel in the discussion.

Tcu will recall that upon your voir dire you were asked—many, if not all of you—if the tables were turned, if, instead of being a juror you were an accused brought to the bar of justice, if. in the presence of that tribunal, before which we all must, shortly stand, and from whoso decision there is no appeal—r-if you would do by the defendants as you would expect the defendants to do by you. if life, liberty or honor were imperiled. And I believe, guntlemen, I verily believe you would. I put that question as earnestly as I could, in mv poor way, because under it, around it, upon it rests the whole structure of courtesy and religion.

It was but a paraphrase of the golden rule—"Do unto others as you would have others do unto you."

Nineteen hundred years ago, and more, the lowly Nazarene walked humbly among men, a man and God. at once—and upon what He said in that brief and tragic life, rests all these courts of justice, this imposing edifice, all your churches, the sanctity and purity and security of your homes—all rest upon what He said and did and yet, from all the sayings of man and God, at once, the centuries have picked out a single line and called it the golden rule. It is the epitome of the love and wisdom of man and of inspiration. Are you prepared to do unto others as you would have others do unto you? Are you prepared not only to try the question of the existence of a conpsiracy—which is not questioned here —but are you prepared to take the humblest of these defendants and weigh the evidence against him, even as you would have him weigh the evidence against you, were you a poor defendant, and he a juror? That is the question. That is the mental attitude that ycu have sworn you will maintain until your verdict is returned.

Terre Haate Condition*.

Now, gentlemen of the jury, it is necefsarv, before you can come to a clear, distinct understanding of this case, that you should comprehend the conditions, the situation at the time. There was an election held in Terro Haute: an election, It Is true, with padded returns, with repeaters, with many offenses committed, that I shall neither attempt to palliate, or deny and I do not feel that It is necessary that I, In thi,s preirerice, should enter into any lengthy denunciation of fraud, of corruption, In places high or low. I am nearlng life's meridian now. For forty-seven years I have pursued my pilgrimage here. Actions speak louder than words. Those who know me best, with whom I have lived, anil with whom I expect to die, need hear from my lips no statement of my attitude with reference to corruption, or dishonesty, either in ihe lives of public men, or in the lives of those outside of the realm of puHlc life, whoso activities endanger the sanctity of tho ballet, and tho security of tho nation.

Now, there was an election nvcr there. Well, there was nothing wrongshout that. I rcmombcr I said to the district attorney, in the course of this trial, that politics entered into this caso. I did not mean to intimate tin^t' there was any politics in the district attorney, or in anybody connected with this ense. I did no m?an to intimato that there was any politicil bias, but (here was an olactlon, and the offenses v/ere, in a way, political offenses and I call ycur .attention to that for this reason: That day, and (hat hour, hundreds and thousands of people could have committed, and probably did many acts that wern morally wrong, and wore actually Illegal, without violating, without rendering themselves In any way liablo to the Indictment found against a hundred or more citizens of Terro Haute.

For Instance, If any man. that day, out of r.eal for his party, out of devotion to the cause of a candidate, or from an ambition to please any person high In power, should have «oni to the bank and have drawn out a liiousand dollars In ntonoy and then have g( ne to the nearest Lar room, or brothel, or any other place in Terre Haute, on lils own Initiative, acting by himself, and shotti'1

remained In

on vtpen saloon ar Technics ~iuor there that day—viola'street.

or should

^ililoM, BrlgacV«n

TERRE HAUTE TRIBUNE

to the conspiracy, he eald. The clr- have l«'in lit voters bv Mm i'oa.1--ir, ii „iw»w'«.i I dolUK that, lie .lid not ea-opcr.ilo \\ith showeil Hint

mim(i (i|)a Uiu Hn

under the claHtlficatlon "to '.lie grand Jury uimnowu:" If he was unconscious of the activities of Nugent, and Holler, aim .loft'ers, and ttie rest of them, and tdinply meant to gel In a few »xtriv votes for the democratic or republican ticket, he would havfi committed an offense against the laws of Indiana, but he would have done nothing that th.! learned district attorney would have churaclorlted as an oft ense cognlyablo here undur ilils Indictment. And bo great. Is my confidence iu the soundness or that position thar I feel cure that when the district attorney addresses you, he will not controvert it, or deny It.

W at in an

So, gentlemen of ho .iury, you must determine, first, not whether A. B. or or any other defendants mentioned here, filled out, or signed registration certificates, or looked at somebody when he was casting his ballot, or contributed tr a campaign fund—those things might be punished by the laws "f Indiana, but unless it has been established here, from this stand, beyond all reasonable doubt, that lie did that thinir in co-operai Ion, breathed with—as It has been said—acted with, thought with, felt, witii somebody else -—unless he kne*v at that time there did ex'st a conspiracy in Terre Haute, tc debauch that election, and did that thing, not for the purpose of illicitly aiding his party, bin for 1 lie purpvse strengthening that conspiracy and aiding it In IN operations, he is innocent, as far as the authority or the power to punluh, of this 'ury, is concorned. liiven if offenses were committed by •nanv of these lefendants—suppose you should believe that, ,ind that they committed theni in order to aid, In order to secure an unjust advantage for that party, and at ihe time they were unconscious of others who we'"2 cu operating together to the same end—they are innocent of any offense that would make them liable under this indictment.

Now, with that simple proposition clearly before you, I wish to take up the conduct of some of these defendants, to weigh It and consider it in the simplest way, and in the fewest words to aid you a-s best I can in an honest and an earnesi effort to ascertain the simple truth.

Montgomery's Cnxe.

Tt is charged that Harry Montgomery was a member of the board of public works, and that ho was appointed by the mayor of Terre I-Taute. That was no offense. Whether the mayor of Terre Haute was a good cr a bad man —a bad mayor has a right to appoint a member of tho board of public works, just as well as a good one and he had a right to accept the appaintment. Say, If you will, that he ought not to have accepted tho appointment because the mayor may not have been as white as snow—that Is no offense. He accepted that appointment long before this election, long before the time fixed in this indictment, when this conspiracy was inaugurated. You cannot punish Harry Montgomery, or any other man who tock office knowingly at that time, because he held an official position in the citv of Terre Haate.

Now, let us assume that these things are all true, for the sake of the argument. It is charged that Uphoff, and I-ewis and Coordes. Hanley and Forheck and Claude Patton worked in democratic headquarters. Montgomery has told you that he was a democrat, a party man. Now, suppose that these people, out of hundreds of employes there—and a few more, for that matter —that the superintendent of parks and the assistant street commissioner, and the assistant in the engineer's office, and the fellow that worked out in the cemetery for a few days or a week, and others for a greater length of time, as 111 the case of Driscoll—did leave their work and go up to the city hall to work in the democratic organization, as has been ably told you by the distinguished counsel who preceded me in a most elaborate and eloquent addrers. The laws of the state of Indiana recognize political organizations. Had they been working for a hank, or on a farm, there would have been no turpitude Tea, more—had they left their business, left their p'ersonal and rrivate affairs to work at the democratic or republican headquarters, believing in the principles of those parties and desiring to see them dominate the destinies of the state, they would, by sacrificing their private interests to the public good, have done a laudable thing, for they were serving others, rather than themselves.

But. let us assume that they had no right to leave the work of the city of Terre Haute, and devote their time to the advancement of the interests of a political organization—let u£ assume .it —yea, it is true it was an act which was responsible. Are ycu trying Harry Montgomery for malfeasance in office? Suppose there had been no election that day. .Suppose there had been no con-s-'piracy there, and Harry Montgomery had taken fifty men from tho city of Terre Haute, and put them to work on his farm out in the edge of town—if he had one—it would have been no offense of which you could take cognizance jjere. So that it is incumbent upon the government to establish this o?fcnse at every stage of the case, and the court, will, I am sure, instruct you that if you cannot account for the conduct of these defendants upon two probable theories, one consistent with their innocence, and the other only consistent with their guilt, you must adopt the theory of innocence.

Work lit Henilquartera.

Now, before Montgomery Is liabio for the pressnce of city employes at democratic haadquarters, you must establish that he knew that they were there, that they were there with his knowledge and consent and some of them were, probably. More than that, ycu must establish that Harry Montgomery knew that they were not doing1 the legitimate work of a democratic organization, but were lending their energies to the nefarious plana of Nugent and Hollor and Jeffers, and the others of the.ie confessed conspirators and criminals.

Is there any proof here that Harry Montgomery knew that any one of these men was a participant in a conspiracy? Not a word of It. Did "Slim" Coordes. or George Lewis, or Hanley, or Forbeek. or Patton say that they over told Montgomery that they were fixing to repeat in the election, that they were preparing fraudulent certificates of registration, that they were pr&parlng, by. the use of cards, to vote tboFu cei tiflcB.tes, or wore Jn a complicated Bystom by which they could vote at an election more than once, for a consideration? Ta there a witness here who says that he ever told Harry Montgomery that? Is there a witness here who says that Harry Montgomery saw him when he did It. and knew he was committing a crime?

Oh, the district attorney may well say that on election day. at his precinct, men came in there and voted more than once I tli'.nk Mr. Ramsey's statement shows that of nil the fraudulent reaiotrat ions there were, how many, in Montgomery's precinct—two or three?

District Attorney Dailey—"Oh, no, there were, six fraudulent voters in that precinct on election day. There were aix fraudulent votes in that precinct:, out of the cltv hall registration."

Mr. Stanley—Well, that is Immaterial. Be that as It may, it shows that In that precinct that day there were five hundred and fortv-one voters. Now, suppose you were an election officer, with five hundred and forty-ono people ir. ill' precinct. Suppose wo would hold an taction right here and we would take this Jury and say that they were to count the ballots and drop them in a hat, a:id 110 man was to drop more than ono ballot In tho hat. and there were flV'j hun Ircil people all around her*--is there one of you who will soy that thirty or forty, out of that five hundred, could not come by and drop a vote in the hat more tlinn once, that they could not go behind ihe machine and "operate It more than once

Harrv Montgomery has sworn to you that if "a vote was cast by any one man 1

'U'U,jx^P«

ySjiH,1...j**"*-'ilS,

,e,.

tKUM

„(),

Established 1780

more than ooce, he didn't know it. He has sworn that If a ueraon voted there who was not properly registered as a voter, he didn't fenow it. More than that, we bring on to this stand the election officer who served with him—Culbcitst.n, the democratic judge—and he tells ycu that he was there. Culbertscn was not Indicted. He Is not Impeached. After this searching investigation they did not make him a party here. Ho tells you that he was there with Harry Montgomery and that he knows of nothing of that kind. He saw no fault in Harry Montgomery's conduct. They say that he operated the lover when ho should not have done it. The laws of Indiana provide that, there shall be a railing provided by the commissioners, between the machines anil the election board, and that the voter, if he able to vote intelligently, shfll vote alone. The law provides—and the laws aro In evidence here—that the commisrloners shall furnish that railing: it Is to be furnished by persons other than tho inspectors. There were ro railings anywhere that day. There is no evidence that there was a railing at a poll. Many of them said there were no railings. Yet they had the Independent. the progressive inspectors and judges at. practically every poll, and there is nothing here to show that they ever asked for any such a railing.

Operating the Mncliinen.

Now, let us assume that Harry Montgomery violated the law of the state of Indiana, that he operated that lever. Ts there any proof here that he operated it because he was secretly in some foul pact with these confessed conspirators? Is there any proof here that he operated it for the purpose of debauching that election? Is there any rroof here that he conspired with others, their hands consciously moving to him, that he operated that lever for the purpose of preventing any man from recording his vote, or delaying him in recording If An officer sat there all day with this book in his hand, and as fast as the voters arrived he wrote down their names and their consecutive numbers, and when the day's work was done, t'nss tally keipt on the book and the record kept by the machine were identical.

If Harry Montgomery, acting as an inspector that day, was a conspirator, he was a fool. Tell me that it was easy to raise that lever up four or five or ten inches and drop it and fool the voters, that it was easy to operate that lever in such a way as to fool the voters and secure a false registration, and that Montgomery, from morning until night, revolved it nearly six hundred times, and never fooled a voter, and never made a vote!

Oh, but Montgomery is a conspirator because he was a registration officer! A man came in there by the name of Ades, and he had this certificate, an absentee blank, for a brother in Louisville, and he offered to file it with the board, and he did file it. Now, there were two members of that board, Roland H. Jenkins, who was a progressive. and W. D. Eaton, who was the democratic clerk. They say they were present. Ades says he presented both of them at the same time. Harry Montgomery said he had no knowledge of it. Let us assume that he is perjuring himself, for the sake of the argument, that he knowingly and carelessly took these two blanks, one of which he had no right to receive.

Did he do it as a conspirator'' Did he do it for the purpose of furthering a conspiracy?

What of the Others.

Turn to the back of these blanks and you will find the initials of the progressive and the democratic officers— .lenkins and Baton. Didn't Eaton and Jenkins have the same opportunity to know that he had left two registrations, as well as Montgomery?

Why bring Montgomery in here, and not Jenkins or Eaton? Now, Roland Jerkins says that he went to the registration place with Montgomery: that he went to get a pen and Ink, or something of that sort, or supplies—it is immaterial—he went away for something, and waa gone ten or fifteen minutes, and when he came back Montgomery had five or six registrations— may be a dozen. I don't remember the number. He doesn't state that either of them wore false, and fraudulent, or known to him to be false and fraudulent. If Mr. Jenkins, a vigilant progressive registration offloer, had suspected that Harry Montgomery had blanks that were false, or fraudulent, don't you believe that he would have said, "Whose names are on thoso blanks? Where do they live? Let us see, right now." Not a thing of that kind, gentlemen.

More than that. Eaton says that he came there with Mpntgomery and that he was with Montgomery while Jenkins was gone for ipen and Ink, and that he was thore when he came back, and that he was right by the table with Montgomery, and that Montgomery never received a singlo registration certificate from any man who did not present it in due form and according to law. Jordan comes in and says he voted, and he showed how much faith he had In those whom ho believed were connected with this conspiracy. He raid he went np to the machine and turned the keys, and then he said: "Turr. that lever." Montgomery asked him If ho was ready and he said: "Turn that lever. I will stay here. I want to see that Fullism key move, and if It don't I will raise hell," and that Montgomery turned tho lever and the keyn moved, and then he called Jordan's attentior to the registration.

Do you believe that Harry Montgomery. If he had known that It. was a violation of law. and that you could held him responsible tor operating that lover, would ever have touched that lover in the presence of everybody that came along"' If the commissioners had known that, in the first place, there would have been a railing across there. These election laws are quite voluminous. It turns out that there are heavy patns and penalties for crossing a ratling in a polling place. Supposo it had been known to these pc-opie who wore at a fever heat that day—they would not have had to ro ro Roberts, or to the court of Judge Red-man-—for that matter, they could have annrehended themselves for a felony. They could have gotten a warrant somewhere in Vigo county, and probably found somebody to serve it. Tho trouble was that they know nothing about it.

Trntimony of Opponents. What does the conduct ol' Montgomery show? II shows that the man, whether acting zealously, over-zealous-ly, or not, or acting within the exact limit, of the !aw, or not, was acting openly.-Acting rancidly, was concealing noting that he did. It was the

Once itiore, among countless times, has the great food value of chocolate and cocoa been demonstrated, both serving as apart of the rations of the troops in ACTIVE SERVICE.

SWEET CHOCOLATE

has always had this guarantee

Regiatered' ''The ingredients of this Chocolate are guaranteed to be u. 8.T»t. office cocoas of superior blend and sugar." f» superior blena ana sugar

The genuine has this trade-mark on the package, and is made only,

Walter Baker & Co. Ltd.

conduct of a man unconscious of a conspiracy, and wlrhout the slighter participation in it. Do you bellev-i that Harry Montgomery was ever told to raise- that lever eight or ten inches and drop it back? if that had been a feasible proposition, why, gentlemen of tho jury, thero would have been no need of repeaters, or anything of that kind. They could have Just operated the lever. I will come to that later.

Now, I v/111 Phow you how you could not connect this man with the conspiracy, if thare was ono. Men have testifier: here against Montgomery, who were hostile. There is 110 man, friend or foe, who came to that room that day. there is no man, of the five hundred men—or the four hundred men, or whatever number of bona fide voters there were, who voted that day—who comes here and tells you that Montgomery ever gave any token, or card, or brass checks, or any other thing to any living human soul, if I remember the testimony correctly, and if don't, the district attorney will correct me. If they find one, it is some impeached, self-confessed anil shameless criminal, and against it stands the oath of Montgomery, and against it stands the statement of the election officers, that they saw nothing of that kind done, or attempted there, and there were progressive offlceiri there, with the papers full of stories about a conspiracy to pad the election—vigilant and 011 the watch, in that little room.

How, in the name of God, could he have supplied them without somebody seeing it? There is no proof here by anybody that he ever went behin-l that machine, except to demonstrate the operation of it, or that he was ever there when the voters voted. Can you supply those gaps? If you cannot, whatever, his conduct may be—repreh«nsi-' ble or praisev/orthy—you are bound to find Harry Montgomery not guilty of participation in any character of conspiracy.

Edwar'l Drlseoll's C'n»e.

Now, take the case of "Slim Coordes: He states that Driscoll gave him twenty-nine dollars to naturalize repeaters. Driscoll tells you about that. He says ho gave him money. He does not deny it. He was the sub-treasurer, or assistant treasurer of the democratic campaign committee. You soe these poll books here. You see the names in alphabetical order. These books were made, fir^t, as I understand It, by having some persons go around fiver the city and get a list of all the democrats and republicans in the various precincts. Then this book was made from that list and was supplemented by copying from the registration books the names that had not gotten into it previously—is that correct?

District Attorney Dailey—"That is corrcct." Mr. Stanley—That was the legal way to do !t?

District Attorney Dailey—"No, I do not think there was anything legal about it, but they went over and copied the names from the registration books. It oughtn't to have had the false names in there."

Mr. Stanley—I agree with you ii that. The Court—"The real genuine per sons that were there ought to have been on that book."

Mr. Stanley—That is always preferable, your honor. The Court—"Yes, they are decidedly preferable."

Mr. Stanley—Now, gentlemen, ir thero any proof hero that when Driscoll gave money to Coordes to make out that book, to supply from the registration books the names that wore not on the poll book, that he knew thet those registration books were padded? And. suppose he had known it, or had suspected that somebody had padded those bocks—he didn't know who—was it any offense to copy those names—by an officer, or otherwise— in order that the poll book holdor might know when the actual democrats had voted? Suppose you would take a registration book, suppose you were a democratic county treasurer of the committee, and you knew, or you had heard tljat there wore one or two names on the registration books that had been put there fradulently—would you fail to make your book for that reason? Wouldn't you say, as an honest man: "Well, that name on that book won't do any harm, if the man who has got that book on election day is an horeft man."

The only purpose of that poll book is to see that they %11 come there, and to strike them off as they come in, and if thore is an actual voter comes in, you can find his name, but if no such man exists, there is no harm done. Is there anything in tjat transaction to indicate that Edward Driscoll was a conspirator, and identified with a foul combination, with these confessed criminals, to debauch the election in Terre Haute? Uphoff make* that statement. Now. let me show you something. It will aid you in determining the value of much of this testimonv. H!nes, in A of the Sixth ward, states that between 6 and o'clock In the afternoon of the first registration dav, he called Roberts, and that Driscoll answered the phone. Was that a crime" So eager are these men to supply any link, to fabricate any circumstance, that with shameless effrontery they tell the most improbable stories.

Where

DrtseoH.

Now, let us see where Driscoll was that dav. Let us take the registration lock c.i of the Fourth ward "The rbove is a correct registration of all applications received by the board for registration in C- precinct of the fourth ward, of the city of Terre Haute, Harrison township, Vigo county. Indiana, at Jts session on the 15th day of October, 1914. Hickman, Lahr and Driscoll."

Driscoll tells you that he was there with that, board all that day, continuous! v: that they worked all day, and Until the morning of the next day. If he had not been there, if ho had left there at o'clock and didn't como back until S o'clock, don you know that they would have contradicted him by the* men whose signatures appear there?

District Attorney Dailey—"Are you showing his signature there to show that that Is his writing and that ho was thero?"

Mr. Stanley—I am showing that to show that he was there. District Attorney Dailey—"A while airo It

WAS

argued that ft didn't prove

anything to shew that a man signature w.is on a, paioer." Mr. Stanley—Well, I am not responsible for what others have done. I have sins enough of my own to answer for.

Attacks Hlnes.

Now, let us sec what else happened. Will you believe Hlnes, a self-confessed

SATURDAY, APR

pif%'

A lesson of the European W8i"

UTB

tatlng ir*o-

UL Ohio St. 4 Phone.

an4

lm.

I*. S«eon4 New

DORCHESTER, MASS

y,n*

lway»

conEplrator, or that rcfcord? of the jury, had it not happ=L___ -iai that was thsre, how helplesAQ. fH] poor Edward Driscoll have br* (A would have been at the mercj tjjf man Hines. -'Ader @jf

Hines doesn't stop the reCi you that Driscoll paid to IV.-frsflt t-'b1' are next," on the day befoft^fantion, at democratic headquaMhoii, that was a pregnant statemjli&l. tell you thai at that very fT«rr« the men who were to reo money for dirty work, wer^g rm to the next room, ono at a /»». _r coll stood thero as a v/atdllnwry. Driscoll officiated at the rs ard parsed them in and out ar SS4f. bring D. .T. Williams here you that he was' there at time, and that he saw Him arid said: "You are next.'T Wa- I Driscoll was not there. Yoires on that the court turned to him1 him why he had not been il gar vords to that cffect.

peas

HAT-

Some of the defendants parentlv made up their minca^ verdict will be whatever fun out is possible. Pearly McKay George Ehrenhardt Friday afii during the recess: "George, yovij^. Ing to take another Journey— isn't to Europe this time." "Bullj way told Joe Strauss that he pay off the members of bis demrf club until Christmas day this yefj

guilty, and ut of the sitt^*

There waa an immense crowd federal building Saturday and fl™ ditional seats were placed in the room to accommodate a portio One row of seats was put in f: those occupied by the defendan another in the rear portion of th immediately behind the railing.

Terra Hauteans on Hand A number of Terre Haute were in InOIithapolis Saturday was said their purpose there make the preliminary arrang' for securing bond fh- the event viction and appeal. Among tho were about the DenlsoTt hotel federal building were John L. ford, August Fromme, Carl S Otto P. Newhart.

Representative Stanley has mastered the correct pronunclati' Terre Haute, and although he refi to it several times in his speec never alluded to it as "Terry Ho he did at the beginning of the ca» appeared in a new light colored b, suit at the afternoon session of evidently adorned for the oecM Stanley is undoubtedly a spiel orator and the defendants are plaf much confidence in his ability to ct# the jurors to his point of view regl ing the failure of the defendant! represents to participate spiracy, which he said he ffid not gR It was noted, however, that ©very i. he referred to it he spoke of Hr" Nugent, Jeffers and others as bein®0 heads of the conspiracy.

When Mayor Roberts tried to map of Terre Haute to show to1 jury that his contention is true Fourteenth and One-half street run beyond College street he w_ able to find one in the city of lm apolls. Silas Brewer testified tha of the men whose registration was prepared by John Masselink at an impossible number, 1500 Fourteenth and One-half street, Roberts says there is such a street' such a number but was not enable, prove it on sur-rebuttal.

The defense is required to maV tender of every witness summon# one day's per diem, $1.60, and is trip mileage, $7.20, although mang the witnesses who testified, it is paid their own sxpenses.

No dkte has yet been fixed fo®T5*75 trial of the republicans indictedfi7.75 election corruption, and they mayidj be tried during this term of cr^' Judge Anderson will hold cousf

RALSTON AT ROAD

42 ABOVE IN NEW 0

NEW ORLEANS, April cold weather records for twe' years were broken here toda the thermometer touched 42 4?

v3'"5

Hammond and Evansville during present month, but the sitting ait latter place has been postponed April 5 to April 26.

CEMETERY REPORT FILE!

C$i9

5°

9.5®

perintendent of cemeteries tor month of March shows that there *-c 75 burials in Woodlawn and Lawn cemetery during the montt-—$2J-5'^Hlg" the total collections aroounte-i $25?°®! $861,20. Of this amount the^nisct

$l4-5°*

eous collections at Highland J§ *,01 amounted to $257.25 and the si®gl® to $37.50, making the total $294^f5| Woodlawn cemetery the mlscella collections were $538.05 and the lots $32.50, the total being $566.45. collections at Highland Lawn are higher than those of March. 19141 at Woodlawn the increase amoii to $90. ii

$20.0i

CHATTANOOGA, Tenn., April Governors Ralston of Indiana, Creary of Kentucky, Rye of Tennfryi irCT and Slayton of Georgia, and de£ tions from Indianapolis, ClnclrlL^a Be®1" Louisville and many southern ci attended a conference here formulate plans for a highway f" Chicago to Miami, Fla.