The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-08
YOUNG ROYSE GOES TO JAIL
While the Sheriff with a Warrant
Vainly Searches for the Elder.
The Singular Reason Assigned by the Young
Nan for Declining to Answer Questions
Major Gordon's Statement.

The motion for new trial in the case of Alvin
o. Royse out of which complications of alleged
perjury and contempt of court have grown, came
before Judge Norton, of the Criminal Court,
yesterday evening. The room was crowded with
spectators. About 10 o'clock Major Gordon,
accompanied by ex Senator Mcdonald and Ralph
Hill. of Hill & Lamb, appeared. Wilbur Royse
was there, but his father failed to answer. Mr.
Hill, upon the case being called said that he
originally had the defense of Alvin o. Royse,
but important business calling him out of town,
The peculiar nature of the proceedings following
the trial had caused his recall to the case
Taking this position, he would therefore with
draw the motion for new trial.
Said Prosecutor Harding: II will ask the
court to delay action on that until certain
afidavits supporting the motion for new trial.
have been examined. The nature of the affidavit
gives me the right to cross-examine the atlantis.
''Your Honor" remarked Major Gordon, ''ny
motives in this connection have been questioned
l would like to make statement to the court. "
His request being granted, the Major read the
following:
May it please the court While I concuc in
the motion of Mr.. Hill as to defendants right to
withdraw the motion for new trial, desire to
say that my personal feelings were and are
strongly in favor of submitting full investiga-
ton touching the grounds of the motion. SO far
as the alleged newly discovered evidence men
toned in the fourth reason for such new trial
are concerned. The affidavit made by me and
my partner, AND by Messrs. Denny, Bridges and
Gordon, jr., was made by US upon the voun-
tary statement by Mr. Christian F. Borgarding
and in the belief that ne was stating the facts
touching the finding of his money. of
which he supposed himself to have been robbed
at the time he delivered his testimony to that
effect upon the trial of the case. AS soon as he
made that statement which he did on Monday
morning, in my Office, and at the moment first
saw HIM after the trial, told him that we would
go Immediately into court, and let him make the
statement to the court. He assented to this at
once, and in the joy of full faith in the abso-
lutte innocence of my client 1 FASTENED to the
courtroom with him and stated the facts as he
had stated them to me in my Office moment
before, in my presence and that of the gentlemen
whom have named, and who joined with me in
the affidavit and, after making the statements
of the facts as stated by Mr.. Borgarding asked
him to say whether my statement was true
de assented, and, upon my request, gave me his
pocket-book, which | handed at once to the
court and asked the judge to retain it until the
matter was finally disposed of. The court re-
celved the money and then said, what was mani
testify proper, that the facts must be presented
in the regular way by motion for a
new trial. knew that before, if / had taken a
moment to reflect; but such was the effect Of
Mr.. Borgardngs disclosure to me and my part
ner. and friends, that had been led by my
feelings to pursue the course did without think
ing of it; or thinking perhaps, that under the
circumstances the court would take his state
ment in open court That being declined, /
wrote the affidavit. which was subsequently
sworn to by US. and as the court had sug-
gested filed it with and part Of the motion for a
new trial.
standing as do in relation to the case and
affidavit, while concur in the motion as law
yer. my feelings as man prompt me to desire
to be crossed-examined upon the whole subject:
but as the case has in effect reverted to the
original attorney, my desire in the matter must
be subordinated to the rights of the defendant
and in strict legal propriety / think ought to be-
This statement. however, 1 have felt con-
strained to make in justification of my motions
and action in the matter. and of those who, like
myself, Joined in the affidavit l know that the
affidavit was made by me and the gentlemen
whom have named, in the belief that it was
true; and this say upon my oath as an attorney,
and my honor as man.
II am on side SWITCH"
The Borgarding affidavit detailing the scheme
by which the money had been restored to him,
was then read by the prosecutor. That officer
claimed the right, in the face of this statement
of the prosecuting witness. to place Wilbur
Royse on the stand. Mr.. Hill objected, because
there was nothing before the court to which the
affidavit related but Judge Norton decided that
Royse should go to the stand. A short recess
followed, at the close of which the parties came
into court, the prosecutor with objection to
the withdrawal of the motion for a new trial
HIS objection was sustained Wilbur Royse
was then subjected to an examination as to the
matter of the affidavit supporting a new trial.
and that OF BOrgardiDg telling of the man
ner in which Wilbur Royse approached
him, and of the transactions between affiant
and the two Royses refused to answer any ques-
ton. II decline to answer" was his unchange-
able reply even to the formal question:: What
is your nameW
1t appeared during the examination that the
witness acted upon the advice of his attorney,
who claimed there was nothing before the court,
and further that any answer might tend to Grim
mate. Judge Norton decided that the first rea-
son was not good and, turning to witness, said,
DO you decline to answer because it will Grim
mate you?"
Because it will tend to criminate me. said, y
he replied.
That will not do" said the Judge. 'You
must come in under the broad rule that it will
eliminate you"
The examination was futile on this account.
Wilbur Royse maintaining the position he took
in the outset. He refused to have anything to
do with the affidavit, or to state that his sigma
ture was attached to it. He would not say that
he acted for his brother as attorney. His posi-
ton was complete intrenchment behind the
right to testify or not to testify because the tes
timony would criminate him. Judge Norton
held him under So, 900 bond to wait the action of
the grand jury on a charge of perjury. Royse
went to Jail in default of bond. His former
surety, John Furnas. on the 81. 900 bond, did not
come to court. The prisoner renamed locked
up, Notwithstanding his claim that he would
soon be released on writ of habeas corpus
At his own request. Major Gordon was cross
examined He said that on the statement of Bor-
gardine that he had found his money he was so
'elated that he did not stop to question it's truth
or falsity. The interests of his client alone APP
peared before him. To the court he said he
could make no statement as to the truth or falls
ity of Borgardings story, because it would VIC
late the sacredness of relations between lawyer
and client. The court assured him that his mo-
fiYae runr nd fLnt 4ln.o l.o