The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-27
APPEALS OF THE LAWYERS
Their Conclusions as to the Evidence
Against Coy and His Co-Defendants.
John W. Kern's Adroit Presentation Of the Po-
litical Phases Of the Case-Mr. McNutt
Says the Gang Has Been Prosecuted.

Yesterday. was resumed with great interest
manifested by the crowd Of people in attendance.
Among the hearers were citizens of all classes
lawyers business men and courtroom frequent
ers. Judge Daniel Noyes and Hon Mortimer
Nye, of LaPorte, for a time listened to the argu-
ments of Mr.. Buszirk and Mr.. Kern. The first
named attorney has for several days suffered
from physical disorders, but yesterday he APP
peared much improved, and impaired to his
speech a greater vigor than when he began it
the day before He spoke an hour principally
for his client Bernhamer, and when he closed
received the congratulations Of friends and as
sociate attorneys. To this speech. as it did to
Mr. Kerns, the jury paid close attention, fol-
lowing the rehearsal of evidence and the con-
illusions drawn therefrom in their most minute
details.
In the continuation of his speech Mr.. Bus
kirk assumed that Mr.. Matters purposes were
changed in order to supply evidence, and that If
Perkins lied concerning them his whole testi-
mony fails Another feature of this line Of argu-
ment which he claimed showed weakness in
the evidence of the prosecution was the failure
of Captain Many and Moses G.. McLain
to observe changes in the Matter papers when
they were before the board He asserted that
the acts which the government urges corro-
boration OF Perkins in the speeches and advice
of Spaan occurred hours before the conspiracy
was formed and the forgeries committed.
Passing to the law governing inspectors, he
said the sealed bags could not be resorted to I'M
less as in the case of Inspector Landers, who
had no papers whatever to submit to tho board
If the law is as broad the government
claims why did not Mr.. Schmidt
himself procure the sealed bag. 1t was no part
of the canyassing board to do it BerDhamers
connection with the conspiracy the prosecution
sought TO strengthen upon the mere assertion
that he is a man without a character He was
surprised at the use of subterfuge to secure the
conviction of man of high crime wheE there
was not scintlls of evidence to sustain his par
ticipation in it. The government clairaed that
his election as chairman part Of the con-
spiracy, and yet the conspiracy did not begin un-
til hours afterwards. The rulings that Bern
hamer made were adopted long before the con-
spiracy, if there one, and his rulings after
wards were uniform and in exact accordance
with those he had made before The corrobora-
ton OF Psrkins's evidence amounts to rothing,
except In establishing the fact that be himself
committed the crime. Perkins, with cbarset
tainted by long course of vicious conduct,
looked for immunity from his crime, and carried
ont an agreement with Captain Ritter to con-
vict Coy, but he attempted to involve
others, and in doing so is contradicted
by Smith Myers. Dan Burton And others,
who he said were IN Room SO. They say they
were not. He believed the statements Of Mr..
Coffin and Mr.. Bailey in confederation Of Per-
kins regarding the presence Of Burton in that
room was q mistake, arising solely from the
impressions made by Perkins's statement before
the grand jury. The attorney then reviewed
closely the various contradictions given by Rear
don Coy and others, and following his conclu-
sions thereon assailed the character Of Perkins
upon the references, illusions and insinuations
thereto which the evidence for the defense
tanned
In reference to the Van SLACK bond, Mr. Bus
kirk said that Coy had motive in seeking
release from it by electing Ayres, he went
on it purely to accommodate Perkins and not
the prisoner Nor did he go on 1t to mako
money, and the fact that Van Shack gave Coy
a valuable diamond pin counts for nothing Coy
knew that he could not be held to pay the bond,
for he admits he had no property out of which
it could be satisfied, therefore it was simply to
please Perkins. Closing, he told the jury that
Judge Clay pool in his speech would tell them that
he is a Democrat but Democracy cuts very lit
tie figure in this There Democrats
and Democrats, and Judge Claypool is OF
them He in an honest man, but is prosecuting
these men through partisan efforts sustained by
corrupt sources.
W.
Mr.. Span especially, but in degree for all the
defendants, said the of peculiar
Il character in some regards Politics has entered
into IL, not because the defendants the gov
eminent desired it. but ont of the of events
it had obtained political colorne. There
two great political parties in the country. sud
the jury is itself politically divided, but he ad-
iured the Jurors, however, to take a patriotic
stand and get beyond political consideration,
and apply their honest Judgment to the facts in
raising the case into purer atmosphere, beyond
all partisan prejudice. de was not there to
appeal to the sympathy of Democrats the
prejudices of any one. but to ask for justice on
the law and facts. 1t was not question with
him to politics, for the dearest friends he had,
those who nobly assisted him in the darkest
hours of bis life, were Republican,, and it would
be a sad day for him ii be should ever forget
them. He told the jurors that he long ago
knew the antecedents of each. az it was his
right and duty to know. So did the government,
but that had nothing to 60 with their duty in
placing the case beyond all partisan feeling.
He did not propose to dwell on technicatities,
but to rely on the law. In civil cases, where
mere property and money are involved, the pre-
ponderance of evidence from witnesses of equal
credibility controls. out where liberty is at
stake rule radically different applies. The
remove all doubt fhe evidence mus be so
ing to act upon 1T in his affairs. Before
any can be convicted in this case the gov
ernment must bring evidence so strong, so clear,
30 convinci overwhelming that it will at
carry conviction to the jurors heart even
when l!s earest personal interests
eerned. ne evidence must be such not to
Batify six, seven eight of the jurors but to
convince ALL Even when it does appear
one that the facts conclusive the jury
not convict. The law is that il one, two
three jurors, after looking at the evidence can
not vote for conviction. the others. who may be
convinced beyond a doubt of the guilt of the de-
PENDANTS. cannot bind their fellow-jurors. If
this was q civil case the governments
could NOT recover because il did
not have the preponderance of evidence
on the vital issues involved. and he would show
that the evidence for the jury to consider now
did not Amply n charge of conspiracy, but TO
the fact that the tally-sheets were forged which
was not the question at trial That question
does not enter into the diuscssion, and ne would
give IL no attention, for all admitted the sheets
were forged, crime that violates the ssnctity
of the ballot. the highest right the American
citizen possesses 1t met with his strongest
condemnation.
Again reverting TO the political features, he