The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-06
TAMPERING WITH THE COURT
A Sensational Climax to the Trial OF
an Alleged Highwayman.
Christian Borgarding Tells the Court that lie
Was offered the Return of His Money
by Royse's Relatives

ing. Some weeks since Christian F. Borgardng,
of St Marys, o., then but three weeks in the
city, in search OF work. used his leisure hours in
visiting saloons One day, in the course of a
spree, he fell in with an accommodating crowd,
who soon learned of his possessing considerable
money. About $50 or 10 o'clock that evening
three of his newly acquired friends preferred
their assistance in seeing him home They
thought nc was unable to find his boarding place,
Kissers on the South Side. Somewhere
near Morris street, on Union, one
of the party knocked Borgar1., .
down, while another robbed him of s1e.. Young
Royse, brother of Wilbur Rose and son Of
William T. Royse, was arrested and indicted
for comphcity IN the robbery. On the trial a
vigorous en'sr was made by the defense to prove
an an. and the previous good character Of the
Prisoner. Interest was added by the fainting of
the prisoners mother while he was on the stand
But Notwithstanding all this, as the public
knows, the jury returned verdict of guilty, and
| fixed his punishment at two years in the peni-
| Tertiary.
It was expected new trial would be asked for,
as the prisoners friends seemingly had means
| to oppose the verdict About 10 o'clock yester-
day morning, the court not in session, Major
Gordon, the attorney of the prisoner the latters
father and the prosecuting witness. Borgardine
| came into the Criminal Court room together
Major Gordon was overlooking with sympathy
| for his client and breathing shortly on account
of rapid walking. Meeting Baitf Carleton, the
Major, as if under great excitement, caused by
elation in having apparently discovered unalter-
able facts to prove the innocence OF young Royse,
| exclaimed: "Where's the iudgel where's the
iudc nhug he vic 4.
the poor lad is innocent! We have discovered
| new evidence, JohnP
II guess you'll find him in his private room, :"
replied the phlegmatic Carleton
Into the room Major Gordon, Christian Dor
gardng and Vim. T. Royse hastily went. when
| the Major said: 'Your Honor, am glad found
| you. We come for simple act of justice. The
lad is innocent He is as guiltless as an angel.
Chris, my old friend Chris, has found his pocket
| book. The lad did not steal it. Let him be at
| once released
well, Major" quietly remarked the Judge, as
he went through his customary exercise of walk
| ing about the room, you are perfectly familiar
| with the form OF proceedings In such a case.
| would like to see an affidavit or two"
Your Honor. one can be readily prepared. /
will do it at once" answered the Major.
| The visiting party retired to the courtroom
and the attorney sat down to write out a motion
for new trial, and an affidavit from the prison
er to support it. There were some six or seven
paragraphs in the affidavit all of which set forth
the usual pleas of the verdict being contrary to
law and evidence. the admission of illegal evil
dence and exceptions to the charge to the jury
The fourth paragraph, however, contained a
statement to the effect that Borgarding had
placed mis- pocket book, by mistake, in his outside
coat pocket, and that it had accidentally slipped
through hole in the pocket down between the
lining and the cloth of the tails of the garment;
that on the morning following the alleged rob-
berry, he had laid aside the garment for another,
and had not discovered the presence of the purse
until the morning of Monday, Oct. 5.
Accompanying the above was affidavit
signed By Alvin 0. Royse. Jonathan w. Cor
don, Leon o. Bailey, Wilbur Royse, William II.
Royse, John G. F. Gordon, Jesse B. Bridges
| and James c. Denny. It was to the effect that
| the above facts were voluntarily stated and re-
peated in their presence by Christian F: Bor-
| garding They further said they never heard
of them before. Leon o. Bailey qualified his
statement in separate affidavit by saying that
| he heard all, except Borgarding's statement as
| to his drunkenness.
| At the beginning of these interesting proceed
| ings Prosecuting Attorney Harding and his as
| sistant, Mr.. Keeling, were ignorant of what was
| taking place. A message to them across the
| hall soon brought both into court. Borgardng
| was uuconcernedly waiting developments. and
| for the proper time for him to take part. 1t
| came sooner than he expected On the invita-
| ton of Harding and Keeling he accompanied
| them to their Office for consultation Said the
prosecutor: "Borgarding, you treading
| dangerous ground. Don't you know that in
stead Of saving Royse from the pententiary you
| are in danger OF going there yourselfW
81 don't know anything about that" he
| piled; they told me it would be all right"
at is not all right. Your statement to them
as I understand it will appear il their affidavit
| is damaging to you, and makes you liable to
arrest for false testimony. The coat you are
wearing. you did not have on the night of the
| robberyf'
mo I exchanged coats that night, and to-day
put on this one. when found the money in it."
LET me feel in the inside pocket. Umph!
| Here Borgarding, this pocket has been freshly
| torn. What do you say to thatP
| Borrardng flushed to the roots of his hair,
| trembled, and said he would make clean breast
of it. To this Prosecutor Harding said, THAT
is all right and the only thing you can do
Keeling, you take his affidavit while go out
into the courtroom to see what they are doing
| there"
AS he came inside of the railing Harding was
cordially approached by Major Gordon and
Royse's father. The Major, shaking hands with
the prosecutor, greeted him with 1.-THE boy is
innocent. Borgardng came to me, Newt, and
cried like child. He acknowledged the great
wrong he had DONE and has made amends. 1t
does my soul good, Newt to see the innocent
triumph We will soon be ready with our
affidavit and the wroneed boy will be released
Mr. Harding" said the prisoners father
I'VE bear no i'll will. You did nothing but your
duty. The wrong has been righted'
| The scene then shifted to reading the prison
| ers affidavit The last line had been read. the
| spectators anxiously waited for the courts
decision, and Major Gordon stood in readiness
| to make an affecting appeal. il necessary, when
| Assistant Prosecuting Attorney Keeling came
| into court with Borgardng. He asked permits
sion. which was granted, to read the following
| affidavit:
Christian F. Borgarding, of lawful age, being duly
sworn says he is the same Christian f. Borgarding
| who appeared and testified in the Criminal Court of
Marion county Indiana, as the prosecuting witness in
| the of the State of Indiana against Alvin o.
| Royse; that Wilbur Royse brother of Alvin 0.
Royse TO atlantis boarding place in the city of
indianapolis this 9th day of October 1885 at about
the hour of half past o'clock in the morning. and
quested aant to accompany said Wilbur Royse in his
buggy to the Marion county court house; that while
the road to said court house said Royse spoke the
| following words to this afhant: Chris, /
would like to see you get your money