The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-14
Mackin's father.in-law, called, sent in his card,
and was admitted.
III mt ~

u,
and was admitted.
Judge Turpie and Mr. Thomson had consul.
taton and decided to see if they couldn't keep
Gallagher and Mackin ont of Jail. Application
was made to Judge Blodgett to admit them to
bail during the ten days any amount being Of
fered, but he refused to exercise his discretion.
So the attempt tailed, and Mackn and Gallagher
certain to be locked up for three or four days
at least. The only one who can now let them
out is Judge Gresham, of thu United States Cir
cult Court and under the law he cannot do it
until he has allowed writ of error to issue, and
he cannot do that before be has first inspected
| the entire record, which cannot be written up
| for several days. The bill of exceptions has to
be indor>ed by District Attorney Tuthill and APP
proved by Judge Blodgott before it becomes a
part of the record TO do all this requires
time, and in the meanwhile Mackin and Gala
CHER will have to remain in jail When the
record is submitted to Judge Gresham he may
or may not allow the writ of error to stand as a
to bail A day will then be fixed for
hearing the argument upon the points
appearing upon the record. District At
torney Tuthll and his associates will try to have
the matter disposed of with as little delay as pos
sible, and they have no doubt that Mackln and
Gallagher will be in Joliet within a month. In
the event of an adverse decision by Judge Gresh-
am, application will perhaps, be made to the
Supreme Court for writ of habeas corpus, and
an attempt be made to secure their release on
the ground that the United States District
Court has no jurisdiction. This is the strongest
point of the defense, it not being advanced yes
terday for the reason that Judge Turpie and Mr.
Thomson did not think the time had come for
presenting it.
Gleason was not present in court yesterday,
nor was he represented by counsel. After sen
fencing Mackin and Gallagher, Judge Blodgett
said with reference to Gleason that he was ad-
vised that Mr.. SWEET was very i'll and unable to
be present and make an argument for a new
trial, so it would stand over until such further
day the court might be advised by counsel
that he was prepared to argue 1t. Mr. SWEET, IT
! is understood has gone to the Hot Springs, In
Arkansas, and may not be back for some weeks.
So, when Gleason will come into court again is
very uncertain. The impression prevails,
though there is said to be no ground for 1T,
that some sort Of arrangement has been
made regarding him. and that when arraigned,
he will get much lighter sentence than the
others!
This conviction, by the way, is not the first
one which has occurred in this State. A prece-
dent set in this city four years ago by Judge
S. H. Treat, who has always been a Democrat:
Some idea of his craftsmanship may be formed
| when it is known that he has been waiting two
or three years for the election of Democratic
President so that he could retire with the assur-
ance that his successor would be Democrat
| He was appointed to the bench by Franklin
| Pierce The case spoken of occurred four
| years ago, in Cumberland county. A Dem
| ocratic election judge named Henry Ber-
| sig substituted thirteen mixed Democratic
and Greenback tickets for straight Democratic
| tickets. This became known, and Major Con
molly, the United States attorney for this dis
trict, took steps to have him indicted under the
federal laws. The local authorities claimed that
the ballots could not be brought into the United
States Court but Judge Treat directed that the
ballots be produced. and they were brought here
all the way from Cumberland county. Bersig
was indicted He employed the late Anthony
L. Knapp and J. G.. Robinson to defend him.
Before the trial came on Knapp became con-
WINGED of Bersigs guilt, and caused him to plead
| guilty. Then the Democratic judge sentenced
him to six months in Jail and fine of 500. This
is the precedent made in Illinois by Democratic
| judge against a Democrats criminal