The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-02-01


him that ne was wanted at the court room.
Minutes seemed like hours, so great was
the anxiety to hear the verdict which
Foreman Davis held in his hand. Specu-
lation was rife as to what the finding would
be, but all agreed that Mr.. Coy would be
found guilty. Generally speaking, people
thought that both Bernhamer ana
Matter would be acquitted, bat there
were not a few that hazarded the
belief that Mr.. Bernhamer would not fare
so well. The impression was unanimous
that Mr.. Matter would go Tree.
After an hours wait, the druggist tele-
phoned that Mr.. Bsrnhamer had been
found at home eating supper, and that ne
would take car and come down town I'M
mediately; that be might De expected 10
five or ten minutes" IL was
then $50 o'clock. Ten minutes elapsed,
and still Mr.. Bernhamer did not put IN an
appearance. Fifteen minutes passed. The
crowd BETRAYED their Impotence by turn
ing toward the door at every movement IA
that vicinity. Mr.. Kern sought diversion
in talking to the jurors. He drew his
chair near them, and with the fund of
anecdote always at his command, and the
entertaining style for which he
is noted, he soon had the twelve
men in the best of humor. "Ha! ha! hal"
would come from the jury box, and they
would lean back and laugh hard enough to
make their sides ache. Mr.. Kern, pushing
a little closer, would say something else
which the Jurors would bend forward
eager to hear, and then they would 90 into
another coHvulsion. And SO the
time was spent, the crowd find
ing their only amusement in
gazing steadfsstly at Mr.. Kern, and watch
ing bis success in controlling the spirits
of the men who held the fates OF three
citizens in their hands.
rIn ind 2.50 ho
of the court room opened and Judge
Woods entered, leading his little boy,
Marshal Hawkins, Defendants Coy,
Mattler and Bernbsmer, Hon. C.
F.. McNutt, District Attorney
Sellers and his deputy, Mr. Bailey, and
Others. Mr.. Coy took a sest beside Mr..
Kern on the right side OF a table, facing
the court and jury. Mr.. Matter was seated
| by his brother on the other side of the ta-
bic, directly opposite Mr.. Coy, while Mr..
BeTnbamer occupied seat at the rear end
of the same table. Marshal Hawkins,
| at nod from Judge Woods,
I pounded with geyel on the
session. Clerk Butler at once advanced to
the foreman of the jury and took the large
envelope con tainiDg the verdict.
shall l read the verdict asked the
| Clerk, addressing the Court.
Mr.. McNutt, standing in front OF the
| table between Bessrs. Coy and Matter,
addressed the Court as follows:
"Your Honor, please, 1 am not very IA
miliar with the rules CT this court as to
| criminal cases, and, therefore, before the
reading Of this verdict, we desire to object
| to its being received, for the reason that q
| communication was admitted to the jury
| room and given to one of the jurors dur
ing the time of their deliberations"
The Court-"The objection may be en-
tered before or after the reading of the
verdict. In either case no advantage will
be taken by this Court. is the reporter"
meaning the court stenographer-
| "herem
The stenographer was not present.
at makes no difference" continued the
Court. Your rights will be protected, Mr..
McNutt."
Then turning to Clerk Batter the Court
said: "Read the verdict"
The Clerk tore the envelope, and as ne
did so, the most profound silence prevailed.
All listened eagerly to catch every word.
Mr.. Butler read the verdict as given else
where.
Mr.. Coy did not change expression or
betray the least emotion. The same smile
was apparent, and not tremor could be
discovered. Reaching across the table, he
shook hands with Mr.. Mattler and con-
graduated him upon his acquittal.
An instant later Frank Matter, the at
torney, kissed his brother and Henry
Guilg pushed forward and did likewise.
Mr. Bernhamer undoubtedly expert
enced great surprise, as he had looked
forward to no other possibility than &C
quittal or disagreement. He retained his
com posure remarkably well, however, his
first thought, like Sim COy's, being to con-
graduate Mr.. Mattler. which he did quite
warmly. When asked how he felt, he re-
piled, "All right"
1--WE desire to have the jury polled, u
said Mr.. McNutt to the Court.
LET that be DONE" directed Judge
Woods. The polling proceeded as follows
The Clerk-'Jsnies B. Curtis"
The Court-''Is this your verdict, Mr..
Curtis?'
Mr.. Curiis-"ltis."
The Court-"Do you still abide by it?''
Mr.. Curtis-"I do"
In this manner the Clerk went through
the list, ell the Jurors replying afirma'
lively.
The court then thanked the jury
for their patient deliberation, tc
which Mr.. Kern, in behalf Of
counsel for the accused, also rendered
thanks to the jurors for their patience.
Then followed the formal discharge of the
twelve men.
Mr.. McNutt said the counsel for the de
to file, the nature of which he could no
state definitely at that time, and, as ne wa
not familiar with the rules of the court, hs
desired to ask what arrangements would
be made with regard to the recognizance o
the defendants He also asked IL il would
be convenient for the Court to hear tht
motions about the middle OF the present
week.
1t was agreed between the Court anC
Messrs. McNutt and Kern to file the mo
tons and argue the same on next Thgrs
day. The Court said the defendants, WHIT
had been found guilty, were under bond
for s., COO, and this Iecognisance would b.
continued. Court was then declared I'D
, | journed.
When asked when the sentences would
be pronounced upon the verdict, Judg
. ! Woods said: THAT cannot tell until tn
motions that are to be argued next Thurs
day are disposed Of"
"Will it be done Immediately after
ward?"
THAT depends entirely upon what is
position is made OF the questions am +
consider"
HOW THE JURORS AGREED