The Indianapolis journal., 1884-04-05
CINCINNATI'S RECENT RIOT.
MI. Campbell Demandsan Inquiry Into
His Conduct OF the Berner Case.
Governor HOadly IndOrseS Sheriff Hawkins
Persecution of Militiamen-Talk with
Member Of the Berner Jury.

CINcINNArI, April 4-Governor Hoadly, in
letter of thanks to Sheriff Hawkins, expresses
approval of his conduct, but makes the remark
that it was not, perhaps, proper to express opin
ion in advance of investigation which must be
made. No provision, however, has yet been
made for an investigation of TIE methods en-
ployed in defending the Court-h house and jail,
but open letter to Judge Matthews, who tried
Berner, is published to-day, in which T. G.
Campbell the leading lawyer for
Berners defense, asks an investigation by Judge
Matthews, aided by Judge Avery and Judge
Force. He makes the demand on the ground
that the newspapers have charged that the jury
was corrupty influenced; that he had said for
s., 900 he would secure favorable verdict. He
says he never made such statement, and in no
way did anything but fairly defend his client.
He argues that the court may order this investi-
cation properly, as an accusation is made against
one who is regarded as an officer of the court
and indirectly affects the court itself. If it
cannot be done in the form suggested. he asks
the court to order any other form that may
seem best
Governor Hoadly has sent dispatch to Col
onel Hunt, commanding the First Regiment, to
be read to the command, in which he says:
Il deem / my duty and at the same time, pleasure,
to congratulate you upon your conduct and gallant
and patriotic services directly and most iudicousy
rendered under most trying circumstances in defense
OF the Courthouse and jail.
The military guard has been almost wholly
withdrawn from the Court house and jail sur
roundings. A high board wall incloses the en-
tire Court house except three iron gates in front,
and half dozen soldiers stand guard there.
The board wall is already covered
with flaming advertisements So soon
is the scene of carnage transformed to
ways of peace. The Seventeenth regiment is to
remain indefinitely, so it is supposed it will be
kept, at least until after the election on next
Monday The First regiment of this city, talks
of disbanding. In number of instances mem
bers have been discharged because workmen
threaten to leave if the militiamen are permitted
to come back to work. Persecution for obedi-
ence to orders tends to discourage the men from
longer holding position with the militia com
panies.
st, Louis Special,
1t was our duty as jurymen simply to go ac-
cording to the law and the evidence. had
never sat upon a jury before, and knew
scarcely anything about the procedure in courts
of justice. l followed the testimony closely,
listened to the arguments, and made up no
mind without regard to public sentiment and
without consultation with anybody. 1 was
firmly of the belief the State had not proved
a case of murder in the first degree felt that
Berner had taken hand in the murder. nuwill-
ingly, perhaps, and that he should be
punished for it. I was satisfied in my
own mind that boy of his age could
have had influence enough over man Of twenty
seven to induce him to commit such terrible
crime My belief was and is now that Berner
was led into 1t by the negro Palmer, by threats
The boy himself testified that Palmer had
threatened his life if he didn't help him ont and
his confessions were made under circums stances
that they were not to be accepted as true. When
we entered the jury room. ballot was taken as
to the guilt or innocence of Berner. In order to
show how the jury felt it is only necessary to
say that seven of the twelve voted not guilty.
l then said believed that Befner should be
sent to the penitentiary for life. That
was my conviction, and | remained of
that opinion until the last day in the
jury room. was told upon the very first day
that we would be kept in the jury-room for
thirty three days if necessary, and that we must
come to an agreement or spend that length of
time in imprisonment. / had already been con-
fined for fifteen days during the trial not having
opportunity of seeing my family or friends,
and being compelled to neglect my business. I
was naturally anxious to get out as soon as pos
sible, but l wanted justice done at the same
time The thirty three day threat was diseour-
aging to me as thought of my business and my
family. The room was small, dirty and badly
ventilated. Some of the members of the jury
were not overclean The cots we were com
PEELED to sleep on were worse than the
prisoners slept on in the jail The food
was the same daily and could buy better meals
for 10 cents anywhere in Cincinnati. Notwith-
standing all this, 1 held for murder in the sec
ond degree and Imprisonment for life. After
the first ballot, the vote stood eleven for man
slaughter and one for murder in the second de-
gree, and never changed for the thirty y-six hours
that we were balloting. At last, on Monday
morning, being sick and tired of the confine-
ment, hearing of sickness in my family and
thinking that perhaps eleven heads were better
than one, l. too cast my vote for mansaughter.
and that settled it. The boy was given twenty
years instead of a life sentence If were
called upon to morrow to decide similar case
would do exactly as l did in Cincinnati
A Badly Ratified Field Marshal.