The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1886-11-26

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,ss~-~<, ~ Court % rlrnd % lndireme.ss
Chsrrinr Islm with cemgalreey !. 49,
Recent nshhesy - ~ 'tra.ce
ss~s.s e,sI1ey~--Ths Ous~eton - hnu-Ae
Emhnens Lawyers Opinios-
~. I.orrs. Nov. l6-Ncsscagcr Fotnsr
ineham Il the only link The Adams ~
press Company has 20 connect ~ WIN -.
Loaf treasure, and u II determined 70 no'.
him. 80 far the company has encoun.es-
no opposition. For two weeks after me
robbery Foshcringham wes > vo.uny
prisoner n the Southern Hotel me ~
tcctivcs have questioned and crosseues
toned him for days One operative ~
NAMED with him all the time 70 ea'no' W
whatever testimony he might give - -,
admissions and conduct ne o'u ny
fuse 70 answer any question or 70 comply
Win anv reouest until they started
him writing letters 70 his mother. ~ tnis
ne rcbcllcd. He told superintendent
pamsel that he would write no nrsner
letters 10 his mother. He put dowh ,nc
pen and kept ais resolve. When inc ~
torneys rssAined BY his mother oeeAn -
press . habcas proceeding the criminal
I case was pushed Fotheringham WAS ~
| dicted and committed TO jail wnere he y
: remained since. To-day he served notice
| through his attorney, that hereafter the
: company might expect . response % every
| move ma.c against his liberty.
! AZ hnlf-past ten o'clock this morning
| denut :. shssiR brought Fotheringham from
the iail 10 the Criminal Court, handcuneu
~ n man named Thomas Raines- who was
| charged with stealing . typewriter i,on.
Mortimer ID. shaw He was arraignea ~
| the bar when the clerk asked;
..What Is your name"
ID. s. Fotheringham, the prisoner 10
Piled
follows:r The clerk then proceeded 10
read the Indictment charging Fothering
ham conformity with Jim Cummings aad
Richard Roe with stealing tbb.ono from the
Adams Express Company, on the 1'ih uIt
Al the conclusion Of the indictment. 20 tne
reading Of which the prisoner listenea
with deep interest the clerk asked;
Are you guilty, or not guilty.
| Not guilty" Fotheringham repnea
promptly.
ham with receiving <po0i. his portion OF
the plunder. was read. and the same ar
raignment question asked. Fctheringham
again replied:
I'm not guilty"
clerk. !.
Yes, sir; Mr.. Harvey j. my attorney
4 THE BOND
Mr.. Thomas b. Harvey then addressed
the court:
Il wish 10 give notice 70 the State that
on fo-morrow morning I shall make ap
plication 10 the Court for bail. and give
reasons why think il should not exceed
certain amount / serve this notice a.
see the circuit attorney present"
Fotheringham and Raines were tnei
taken back 70 the rear Of the bar In
former did not appear to appreciate IN
prominence the proceeding gave him
Circuit Attorney Clover was asked VIVA
action the State would take. and said:
The state will resist an attempt 70 &c
cure the prisoners release on low bona
/ /, | shall suggest tN.0p bond. lou g
thi. ofYense is not an cxtraditabic one an
this alone is good reason why . hig
| bond should be required A man who ma
stolen 4 large amount Of money might fur
nish a norton OF il as collateral and the
| live on the balance OF his i'll gotten gains 4
Canada"
M Harvey said: II do not think NOR
? than 5000 bari should b. required An
q Constitution requires that excessive "a
6 shall not be required. Murder In the nr.
= degree il an unbeatable offensc. but IN
. Court can take into consideration the ev
Q dence In the case and regulate the amour
s AZ hail accordingly. An indictment - =
. nrexumption OF guilt in the eyes Of n
r Cont ana the Court has right 20 nx n
a hond according 70 its character. ciAii
|. that IL this case there Is no ey
z dencc going to show that my cliel
q l. guilty. This IL fact VI
les they have concealed battcr'
! that know nothing about. intend
!. press this view on the Court and AK "a
@ "a cali upon the circuit attorney Tor the 2
= idence that il il claimed connects Fothe
= ingham with the robbery. There - @
= thing that Is overlooked Every body
4 irving 70 dovetail and patch the ev1den'
on one theory or another, but al are tht
- rics Of Fcfheringhams guilt II they "
20 only take the theory Of his Innocence IN
~ win ind il far easier 70 1T the various 9
czrnstances Of the case.
=, SIGNIFICANT CIRCUMSTANCE
~ 4 have no doubt Of Fotheringham's
p po-rnce.- said ex-Governer Charles
OF johnson. speaking Of the Adams Exprs
" r,bberv: III i a shame 70 keep thnt b
X - iail. and think that indictment - J
Oh founded on good evidence. I'll tell you
10 NEST convincing evidence 70 my mind
an Fofheringham was implicated IN the r
m berry. about October 2 or =, son
A. holy would have gone into
~ attorneys once and retained HI
10 a lawyer would have found 70
~ erinRham and told him 70 come ~
4. him How would they have stopped n
~ Instead Of this he Is permitted % rem
40 under the pump for over two weeks 4
n = the best evidence. 70 my mind OF Fotf
ingham's innocence"
THE BUTCHERS STRIKE