The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-14
tried to strangle the monster in New Mexico
the Penitents lSeep their word and their prac
tees.
THE BERNER CASE.
Col. T. G. Campbell Gives Some Startling
Facts in Regard to the Trial.


Facts in Regard to the Trial.
Ohio State Journal.
Among the arrivals at the Neil House last
night was Col T. C. Campbell one of Berner's
counsel In reply to the inquiry from reporter
of this paper, "Will you tell us something about
the trial of Berner" his response was:
yes. The first point of interest is the jury.
The clerk and sheriff of Hamilton county drew
from the box a venre to which thirty seven
names answered. This was set aside. Judge
Matthews then issued several venires, in re
Spouse to which two hundred and seventy-five
persons answered. OF these one hundred and
seventy-fOuP were challenged for cause by the
State and excused by the court. The State chal-
lenged two peremptorily. Thirtytwo were ex
cdsed by consent of counsel The judge, on his
own motion, excused nine; some of them were
put off the jury after they had been sworn.
1.-THE defense challenged twenty-eight for
cause and eighteen peremptorly out of 20
The defense put off forty-six and accepted
twelve. Ana L suppose the twelve very much
wish we had not done The Judge repre-
sented the State, and, motion of the State
attorney he wrote with his own hand the name
of every person summoned as juror Of the
twelve accepted, nine were from the country
portion of Hamilton county.
ut is alleged the defense insisted on getting
ignorant men on the jury-ten of those accepted
had read about the case. Seven were farmers
one printer, one a cigar maker, three were
book-keepers one had been deputy revenue
collector of the United States. Mr.. Cummings
a representative from Glendale, tells me Mr.
Mcclure, one of the jury who lives in Glendale
is an intelligent, honest man, and Representa-
tives Stryker and Thompson say the same of
others. Such is my information about all of
them.
From the moment they were accepted they
were locked up and no one could have communi-
cation with them except Criminal Bailiff Moses
and the criminal deputy. From this statement
you see the amount of willful misrepresenta-
ton that has been INDUCED in about the jury
and the manner of its formation"
''How could they render such verdict under
the circumstances"
"Berner swore in court that he had no act or
part in the killing of Kirk; that he did consent
through fear at first and the payment of 800
afterward to not tell on Palmer and to aid him
in hiding the body. He confessed on the day
after his arrest to the officers and others that he
did aid in killing Kirk. All of the other testi-
mony in the case was consistent with either of
those contradictory statements. The prosecutor
contended that the confession should govern the
jury; that his evidence in court was only given
to save his life. The defense con
tended that the evidence in court should
govern; that the jury should reject the confes-
sions altogether, because they were, according
to the testimony of Lieutenant Austin, Detective
Wappenstein, Charles Hayman and others, OBJ
tanned as the result of threats to hang him if he
did not admit his guilt and the promise that if
he did admit it he would be used as a States
witness only, and be let go free as soon as he
testified On this state of facts the arguments
were made-it was a question of facts solely.
The jury were divided-seven for acquittal, one
for murder in the second degree, and four for
mansaughter. They compromised on man
slaughter after being out fortY-one hours"
'They say that there bribery and that
the foreman of the jury received 81, 900. How
is that"
"'They say is the phrase adopted by coward
~ slanderers. Berners father was poor man
I refused to take his case until frequently urged
by personal friend to do So"
But it is said you were paid $1,000 to clear
him; is that true?'
THAT statement is untrue. Judge Wilson,
Major Blackburn and myself altogether, were
not paid that much, and to make such payment
as Berner's father did make, he mortgaged every
thing he owned. But, in the name of common
sense, how could any bribery be done? First
the judge selected the jury; second they were
locked up as soon as chosen; third no one could
speak to them but the officers fourth, there
were Twelve on the jury. Can you imagine the
judge on the bench, the bailiffs in charge of the
jury and the twelve men on the jury all corrupt
and can you imagine any attorney with common
sense committing such folly as attempting bribery
in such a caseW
But is it true or is it not that iuries will not
convict murderers in your countyp
1T is not true. The tendency has been the
other way. For instance, McHugh has been
convicted and sentenced to be hanged three
times. The Supreme Court set two of the con
victiOns aside. A jury convicted Trumpetor of
murder in the second degree The judge SET the
verdict aside because the evidence did not sus-
tain the finding. A second trial and the jury
convicted him of murder in the first degrees and
the judge set the verdict aside second time.
Now, why should the juries be blamed! l do
not recollect an instance in the past several
years where the jury refused to convict in a
murder case.
Cincinnati has been grossly libeled in the
matter by set of sensationalists on the one
hand, and gang of convicted black mailers on
the other"
The Journal has already published the letter
of Mr.. Campbell, addressed to Presiding Judge
Matthews, asking for an investigation of his
conduct in the Berner trial, asserting that he
did nothing but what ian honorable attorney
should do to secure the best defense possible for
his clientn