The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-02-29
THEIR LAST CHANCE
Coy and Bsrnhamsr's Counsel Now Seek .
Writ Of Hibsas Corpus.
The Application Presented to Judge
Gresham in Chicago and VIII be
Heard TO-Day-Brief Talks
With the Prisoners

NhlI7SOi reos o. opeclal. An appll-
cation on behalf Of Coy and Bernhsmer
for writ of habeas corpus was presented
70 Judge Gresham By J. G.. McNutt, one of
their counsel, this evening, but on account
OF the lateaess of the hour aud the absence
Of the United States Attorney, the consid.
Grafton of the application was postponed
till morning, when 1t is thought the mat
ter will be disposed Of. Mr.. McNutt said
to 3 reporter that Judge Gresham had
given no intiEcation of what he would do,
but that the attorneys for the defense were
confident that they would succeed either
before aim or the Supreme Court.
When Sim Coy left the United States
Court room on Saturday night, at the close
/ Of Major Holstein's argument before Jus.
/ tice Harlan, he said, in some heat.
"rll go to Michigan City aud serve my
sentence, Just to satisfy this gang that is
lryiDg to hound me to death. I'd rather
b there now than be kept here under this
suspense and with but little show of Jus.
tice."
Il spoke these words in a fit of despara-
ZION his face flushed in anger, and eyery-
- who heazd him knew that ne meant
Whist ne said. He is noted for his cool
Medicines, bot on this occasion his susv-
ity disappeared for the moment and he
was not himself. His confinement IN the
cold damp little Office attached to the
couL ~ jail had been a severe strain upon
him, and taxed his patience to the utmost
and Tor the first time he showed evidence
of failing spirits. AS be walked over to
the Jail with deputy marshal he had but
little to say, and it was observed that he
was peculiarly detected. Sim has, always
looked upon the prosecution of himself
and party associates as purely piece of
spite work by his opponents in politics
men whom he "had downed,h IS he ex.
pressed it-and against some of tn EN- he
has grown particularly bitter. His famous
expression, when I'm done I'm did"
was literally true Of him in. politics, and
! he could never understand why Republic
cans who were worsted in political en-
| counters could not take their medicine, IS
he was wont to do. Although he has sell
dom spoken of the evidence against him,
! he has never hesitated to declare that Sam
| Perkins lied UNANIMOUSLY when he testified
that he (Coy) had hand in the changing
of the tally sheets. "Do you think I'd be
such fool as to do thing like that he
has often asked, and that would put an
end to the conversation on that point, for
| WHATEVER say "a Ohm 10Y, uODOQY
accuses him of being fool.
While Bernhamer has been disposed to
treat his arrest and conviction lightly, and
| pose as q martyr, Coy has been more
serious, and seemed to have the gravity of
the situation before him. At the same
time, however, he has shared with Bern
hamer the belief that it has been a case of
persecution, instead of prosecution,
throughout. The two men have not occu-
pied hunks in the interior of the Jail, al
though they have been constantly under
guard. But withsl, their life in the
past few weeks has been anything bat
pleasant. The kindness of friends on the
outside, who have called from day to day
to cheer them up and replenish their stock
of cigars, as well as the offerings OF flowers
received almost daily from lady friends
and relatives, has been deeply appreciated.
Sim has especially manifested his apprecia-
ton OF kindly words and visits. and it is
matter of great pride to him that none of
his substantial friends Of yore have de-
serted him. His personal relationships
seem really to have been strength
ened by his troubles, and not q few
Republicans have stood by him steadfast-
~. Both men also speak feelingly of their
attorneys, who have labored zealously and
increasingly for them. Judge McNutt es-
pecially has been true to their interests, he
having been In the case In person at every
stage of it.
The only hope of the prisoners and coun-
sci is that Judge Gresham will grant writ
of habeas corpus, which has already bsen
applied Tor, as shown oy the dispatch re-
ceived by THE SENTINEL, which is printed
above. Hon. Cyrus T. McNutt left for
Chicago at IL O'Clock last night to aid in
the presentation of the case, il bearing be
granted.
The ruling of Justice Harlan was by no
means q surprise to the prisoners; in fact,
they had confidently expected an adverse
decision, and for this reason expressed no
desire TO be present. Judge McNutt was
with them up to the hour OF the render
ing of the opinion. Mr.. Bernhamer's wife
and sister were with him at the Jail most OF
the afternoon. He did not seem affected
in the least by the news OF the decision,
but was studying the United States statutes
when the reporter called. Mr.. Coy was not
well, and was forced to excuse himself when
callers inquired for him. He was domi-
ciled most of the day with his counsel.
Marshal Hawkins is unable to say when
the prisoners will be taken to Michigan
City, as this will depend upon Judge
Gresham's action. The Marshal has not
! yet notified the men to prepare for the
. trip, but unless favorable news should
come from Chicago to-day it is likely they
will be taken North over the Monon route
starting at noon tomorrow. Mr.. Coy's
business has been placed in satisfactory
shape, but that of Mr.. Bernhamer is in q
, complicated condition and will suffer
! greatly. By serving an additional month
both men would probably succeed in escap.
J ing the payment of the fines imposed upon
them under the poor convict act.
Mr.. Bernhamer said last night that there
was nothing tor him to say concerning the
decision of Justice Harlan, as he had been
nothing but supernuminary throughout
the entire proceedings, and intrusted
everything to his attorneys. He had mo-
ticed, however, that Justice Harlan had
; taken issue with the government counsel
> as to the time when the conspiracy was
formed, by fixing it at soma time dHring
the day on Wednesday.
Mr.. Coy had nothing to say sbous the
case. as the whole matter was in the hands
of his counsel and friends.