The Evansville Journal

Sheriff Miller Arraigned before the Court.

He Files an Affidavit "that he cannot have an Impartial Trial" In Vanderburgh County.

Sheriff Miller has placed upon record the most unequivocal evidence that he himself is satisfied that the voters of Vanderburgh County will not re-elect him to office. His fate is sealed, and he knows it; but it is a little singular that he should, in the most solemn manner, before the election, acknowledge it. But we have the official proof to show that he has done this very thing.

There is now pending quite an interesting suit in the Vanderburgh Court of Common Pleas, wherein Jacob H. Miller is defendant. The complaint of the plaintiff is a very readable document, and being on file in the public Courts of the County, can be seen by any citizen, but we do not propose to publish it in our columns unless it shall be made necessary. But there is one brief paper on file in the case, which we append below. The case was called for trial on the fourth day of the term of the Court, September 5th last, and Mr. Miller, by his attorney, Col. Charles Denby, stated to the Court that Mr. Miller was unwilling to have the suit tried in Vanderburgh County, whereupon the Judge required him to conform to the statute and set forth his reasons under oath, which he has done. It will be seen by the affidavit below, that Jacob H. Miller, at the time the Democratic candidate for Sheriff, has solemnly SWORN that "HE CANNOT HAVE AN IMPARTIAL TRIAL" in Vanderburgh County before a jury of the very citizens whom he asks to vote for him for Sheriff! Was ever such another instance placed on record? A man asking the people of his county to elect him to one of the most responsible offices within their gift, and at the same time taking a solemn oath that "he cannot have an impartial trial" by a jury of these same people! A nice Sheriff! Afraid to trust his own citizens in the jury-box! And well may he fear their punishment.

The following affidavit was filed on the 8th day of September, 1870, and upon motion of Mr. Miller's attorney, Col. Charles Denby, the case was transferred to Gibson County on a change of venue:

Elias Steinhelder

vs.

Jacob H. Miller.

In the Vanderburgh

Common Pleas Court,

September Term, 1870.

County of Vanderburgh,

STATE OF INDIANA,

SS:

Said defendant, Jacob H. Miller, being duly sworn, says that HE CANNOT HAVE AN IMPARTIAL TRIAL of said cause in this County on account of an odium which attaches to the cause of defense on account of local prejudices.
We have charged Jacob H. Miller, Sheriff of Vanderburgh County, with practicing a wholesale system of extortion upon the people of Vanderburgh County, and have proved his guilt by publishing the official records made under his own official signature as Sheriff. We have shown that while the four Bailiffs of the Common Pleas Court at the September term, just past, were paid by the county for every day during which the Court was in session, he has taxed up to the parties in suits the costs for the service of all the subpoenas made by these very Bailiffs. He has not dared to deny the correctness of the facts published by us, and acknowledges, in effect, that the costs have been taxed up as stated, and can only make the following reply, in the Courier of the 6th:

There is not a single item in the long list of fees which the JOURNAL publishes as having been received by Miller, but is either LAWFULLY BY LITERAL OR CONSTRUCTIVE INTERPRETATION OF THE LAW.

And yet the author of the above knew when he wrote it that the Statutes of the State expressly forbid the taxing of fees for services rendered by bailiffs receiving pay from the county, as were the four bailiffs, Corson, Bush, Newman and Wenzel.

Under the Statutes of Indiana, (see Gavin & Hord, vol. II, p. 15, sec. 4,) "it is provided that the Sheriff may appoint a sufficient number of bailiffs to attend upon the Circuit and Common Pleas Courts of his County, who shall be allowed a reasonable amount for their services by such Court," which is paid out of the County Treasury. It is further provided by Statute (see Gavin & Hord, vol 1, p. 331, sec. 5. that "Sheriffs shall not be entitled to any fees for services performed by their bailiffs, when such bailiffs are receiving pay by the day from the county at the time such services are rendered."

Nothing is clearer than the illegality of this class of fees taxed up by Mr. Miller to the citizens of this County, which, in the aggregate, (taking the last term of the court as an average) amount to the gross sum of $4,869 during his official term. Never was a public officer more completely convicted of extortion. And so overwhelming is the case that we make this proposition to Sheriff Miller:

If he can procure an opinion from his official adviser and private attorney, Colonel Charles Denby, that the fees taxed up by him in the list of cases published in the JOURNAL of the 5th inst, are legal and authorized by the Statutes, we will cheerfully publish it, and give it the same circulation which we have given to the charge of extortion. If they are "lawful by literal or constructive interpretation of the law," he will have no difficulty in obtaining the written statement, which we offer to publish, from his attorney, Colonel Charles Denby, who is interested in, and desires his election.

Will he take advantage of the offer? If not, he stands before the voters of Vanderburgh County as a convicted extortioner.