The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-31
THEY ARE STILL HOPEFUL
The Convicted Conspirators Expect
Either New Trial or Clemency.
There Are Many Reasons, However. Why They
Are Likely To BE isappointed-Coy
Will Not Ask for Mercy.


matters TO attend the proceedings before Judge
Woods, on Thursday next. are being prepared,
Sim Gov has taken his old rooms at the Grand
Hotel-those in which the Schmidt tally-papers
were forged. One of them is reserved for the
attorneys, where yesterday and on Sunday Coy
was in consultation with them. The other room
is accessible to those who are supporting the lit
tie boss with their presence, sympathy or ad-
vice They include many Democratic politicians
of local distinction. who, if the information is
reliable. are opposed to a still larger class of
their party throughout the State who commend
the verdict. A great TODD ia being made by the
local politicians alone in attempt to depict
Coy as martyr for his party. and this. too
after his narrow escape from a remuneration by
formal resolution in the recent Demo
cratic conference. A resolution to that effect
had been prepared, and Zone was so busy as
Coy in talking to and button holng delegates to
vote against it. He and his friends threatened.
if such a m after introduced, to defeat the
main object of the convention-ths Endorsement
of Governor Gray for the vice-presidency
Rather than have this done the Democrats who
opposed the Indianapolis gang drew off and al
lowed it to have its way. provided effort
would be made to give it the support of the
vention. Hence, nothing was said about the
forged tally-sheets or partisan persecution.
These bits of information beginning TO
come to the surface, showing that the Coy sym
pathIzers have in the course of months lost the
cohesion and compact front they once had. The
many who stick to him not only cry
injustice and persecution, but refuse to
admit in any that he and
those indicted with him are guilty. Here
and there, however, this course is relieved by
the admission of their guilt, even by an over
tad of
''Of course they guilty, but have a symDa-
thy for them; if they are to be punished. L
would like to see the sentence as light as pos
sible."
What the sentence will be entered very
largely into the discussion of the case
on the streets and in the hotel lob
bies, yesterday. The views were as
! diverse as uncertainty could make them. Some
persons thought it would be heavy fine, others
onment, without the fne Then there the
talk too whether it would be a Jail or peniten-
tiary sentence. Aside from Coy's immediate
sympathizers, there was an indifference about
it, except in instances where expressions were
for the full limit Of penalty. The prevailing
opinion. however, settled upon two
whether the punishment would go into
effect pending hearing q writ OF error in the
Circuit Court. The United States statutes per-
init the circuit judge to release the convicted on
bond, if the proper motion is made for sus
pension of sentence. A writ OF error alone is
held not carrying with it stay of proceed
ings Hence,if the writ itself is only taken, Coy
and Bernhamer must begin serving their
tence after it is pronounced by the district
Judge, unless a motion for its suspension inter
venes. 1t is probable Judge Woods in that
event can imprison them release them
bond he sees tL If they do go prison the
circuit judge let them 90 on bond until he
decides the case. but there is instance of
where a writ of error. without a suspension of
sentence taken to the United States Circuit
Court and lay there undecided until the prisoner
had served his term of two years
The defendants. on the opinion of lawyers, one
of whom is close to their interest. have but
small chance for new trial on the fact that
the telegram to Juror Messick announcing the
death of his mother, went into the jury-room.
at is hard matter to prove" said an attorney.
Show far that communication influenced the
two Jurors who were opposed to conviction. The
jurors themselves cannot make affidavit that
they influenced. No juror attack,
add TO take from his verdict. He may have
mnde some remark to that effect to outsider.
who could become the affiant. Then the juror
did not say anything of the kind. or
the government his behalf could
. attack the fret sworn statement with
n counter affidavit. Beyond that the juror
not go, not even in making affidavit in sup
port of what the outsider had sworn to. Again.
II juror should say he was Influenced by the
telegram, the polling of the jury would detract
from his statement Polling makes the verdict
more binding, and in this had any juror
voted to convict under undue influence, then was
the time for him to say Everyone of them,
however responded unhesitatiDgy that the YER
dict returned was his individually, and commit
ted him irrevocably to it. That will initiate
against anything tae defendants may seek to
prove by afidavits from the outside. AS far as
! can see there be no new trial granted on
that objection"
attack his verdict under oath, how he
do IL when relieved from his sworn oblgaton?"
Against jurors affidavits there eleven Indi-
decisions which say that under no circum-
stances can they assail their finding after It has
been once su omitted to court
In hearing these questions Judge Gresham
par ha in hah cad
ings pass them over to the Justice of the cir
Quit. Judge Harlan. But it ia doubted by manv
If the ever goes that far. Indeed. it has
been suggested to the defendants to go before
Judge Woods. submit to the verdict and take
whatever punishment may be inflicted. This
may come from the pecuniary straits in
the defendants work. It IS known that
up to the Saturday preceding the
trial Judge McNutt had not decided to continue
Terre Haute that day and the Judge came here
the Sunday following. In the former trial John
Z. Sullivan supplied the greater part of the
funds but for the last he gave little or nothing
at ali John w. Kern really employed by
Henry N. Spaan, but after his client was grant
ed q separate trial. went into the general de-
Tense. John w. Buskirk Bernhamers at
torney, and Green Smith. it IS supposed, came
in a volunteer 1t will cost something to take
the case to the Circuit Court, and the means to
meet this expense come up for serious consider
alton
1t is probable before Thursday comes petit
ton for clemency will be presented Judge
Woods. although John j. Cooper. who is said to
have had one prepared and signed by six of
the jurors, denies all knowledge OF any effort of
the kind. John G. McNutt says defendants at
torneys know nothing of such a paper. IF
there 10 one in circulation" he remarked, sit |
was not suggested or prepared by u.s. Coy
says, II am not the man to ask for mercyn |
What will be done after the proceedings on |
Thursday is perhaps as much a matter of specu- |
laton with the defense it is with the public. |
State Senator Cox Defends the Criminals.
epeciaI to the INDIANAPOLIS JournaI.
MARTINsvILLE. Jan. 30.-Stats Senator J. F.
Cox, from this senatorial district, has been very
pronounced in his views concerning the result Of
the trial of the Coy gang. and has used many
ndjectives in expressing himself that leave the
impression that he is not only in earnest but
that he is irate-that he not only wishes to
boast of his opinions, but also wishes to so on
VIII MI a va