The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-03
RED HEYL'S TRIAL.
He Is Refused Continuance The Cases
Against Cogan and Kary Continued.

The Hon. Thomas J. Cogan and Michael Kary,
the two Cincinnati LAWYERS arrested night be-
fore last on the charge of subornation of witness
es in the Red Heyl case came before the mayor
yesterday morning. 1t was the purpose Of the
State to secure continuance until the charge
against Heyl was tried, but this Major Gordon,
who appeared for the accused, vigorously con-
tested, stating that, as the gentlemen were of
counsel for Heyl their appearance in his behalf
without having them relieved Of this grave
| charge would be damaging to the interests of
their client The mayor decided to continue the
case until Tuesday next 1t is probable that
whatever is of notable account in the charge
against Cogan and Kary will be brought out in
the trial of Heyl, which was begun yesterday
judge Ross Clark.
At ; o'clock there were in the courtroom
lawyers, politicians and an unusual number of
spectators. John Heyl, the prisoner, sat for the
time in one of the jury chairs, and next to him
was his wife and three children, the latter show
ing in their neatness Of dress mothers loving
care Heyl is about thirty-six years of age, of
low stature, but sturdy frame, with gray eyes,
light mustache, and hair bordering on a bright
red. He has for years been known in
police circles of Cincinnati, Chicago, and other
cities. He has also figured more or less in the
peculiar election methods in Cincinnati. Back
of him are men who will give him all the assist
ance they can.
The first step on the part of the defense was
to apply for continuance. On the Goth of June
when Heyl first came before the court on the
charge of stealing watch and other property
of A. Z. Miller, of Chicago at the Circle House.
Major Gordon asked that the case be continued,
as the personnel of the prisoners counsel had
not been completed. He had had consultation
with him, and it was proposed to seek the aid of
there, and Mr.. Duncan had been brought into
| the case. To pay for this legal service Heyl
wanted time to raise the money, which could be
procured if continuance was given. Judge
Norton granted twelve days, saying:
IF he can't raise the money in that time to
pay his attorneys he can't raise it at all.
Beyond the twelve days will not give you an
| other You must be ready for trial then"
The twelve days expired yesterday. and when
the case was called Major Gordon presented an
affidavit of Heyl stating the need of testimony
| which was material to his clients interests.
This affidavit sets forth that Heyl cannot safely
go to trial on account of the absence from the
State of one George r. Robinson. The affidavit
Miller, from whom he is charged of taking a
| watch and other property, at the time of the
alleged larceny or robbery, and for long time
prior thereto, was in arrears as to his accounts
| with his employers, Clague, Schlecht & Field, of
Rochester. n: Y, who manufacture Office
agent. Heyle alleges that Miller, to
explain his deficit, and to protect
himself informed Robinson that he in
tended to have an apparent larceny or robbery
tQd nv al n
so that he could reasonably account for his
shortage in this way Miller further told Robin
son, so the affidavit relates, that upon getting
up in the morning he intended to proclaim that
the said larceny had taken place in his room.
Robinson and Miller, it is claimed by Heyl,
arranged plan that the former should take the
watch which was to be given him by Miller, and
place it in the possession of some person upon
whom it could be found when the robbery was
announced. This should be done so as to make
it appear that the person had stolen it. Heyl
states that these facts can be proved by Robin
son. who is now in Buffalo, N. Y, If reasonable
time is given to take his deposition The affidavit
goes further, and says that one VIM. Atkins,
of Columbus, O., overheard the conversation be-
tween Robinson and Miller in regard to the plan
to be carried out. His testimony is material,
and Heyl wants it if time is granted. He says
that all these facts were not known to him at the
time of his arrest on the 18th of June, and at
that time he had little or no money to employ
counsel, or to make inquiry concerning them.
The first intlmatiOn Of them he obtained from
Michael Kary who heard of the conspiracy in
Cincinnati, Thursday, June 20 Mr. Kary sent
an agent to Buffalo and Columbus to see both
Robinson and Atkins which agent reported June
80 that they would give testimony as to the mat
ter set forth: At the county JAIL yesterday, the
affiant says Mr.. Kary told him these facts and he
believed them to be true and of great value to
his defense.
The question of continuance caused brisk
argument between Prosecuting Attorney Hard
IL
were about to submit to the decision of the court
Mr.. Cogan asked permission to say few words
and on motion of Major Gordon he and Mr.
| kary were admitted to the bar.
| Mr.. Cogan then said that last week he came
| to Indianapolis at the request of Mrs Heyl
| He had consultation with Major Gordon and
| Mr.. Duncan. He returned to Cincinnati to get
| funds when on Thursday last his partner, Mr.
| Kary, informed him in regard to the facts given
in the affidavit of Heyl. He desired that
| and it was not until day before yesterday
| that they learned of willingness of Robinson
and Atkins to testify. On night before last Mr..
Kary joined him here, and while the two were
| quietly walking along the streets, consulting
about their business, "we two reputable attor-
Miller" - ~ w
"You were not arrested" said Mr. Harding,
''on the word of Miller but upon the observa-
| tons of five officers"
| BE that as it may" answered Mr.. Cogan. ''the
arrest was unjustifabe, and brings us into this
| case with the faint of crime"
| The court overruled the request for contin-
uance, when Major Gordon moved that if the
| trial proceed it be with the regular jury panel.
1t appearing that there had been no regular
panel during the term he asked for continu-
ance on that account. This was also refused,
when the impaneling of jury from bystanders
| was begun.
Tie first testimony was that of Superintend-
ent of Police Lang, who gave an account of the
arrest of Heyl, the scutfie that ensued, and find
ing in his possession the watch and chain, which
| Miller identified at the station-house as his
property The prosecuting attorney attempted
to question him in regard to his participation in
looking after the alleged tampering with Miller
by Cogan, Mrs. Heyl, and Kary. The defend
ant opposed this and the questions were with
drawn. The case will be resumed this morning.