The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-02-08
Msssrs. Coy and B.rnhamsr Will Not be
Taken North To- Morrow, IS First Ordered.
Judge Woods Consents to Allow the Prisoners
tobs Held Here Temporarily,
Pending Action at Washington By tins Uaitsd
States Supreme Court
a Letter From Judge Gresham Likely TO
Aid the Prisoners Counsel to So
cure a Speedy Hearing.


application for q writ of error in the
conspiracy case and q stay OF pro-
ceedipgs until argument on the writ
can be heard. MIR. McNutt will arrive In
Washington this morning, and IS soon as
possible he will appear before the
United States Supreme Court, and,
if possible, secure immediate action
is row in Washington, and he with Sens
tors VOORHEES, and Turpie snd Congressman
Bynum, will be asked to go with Mr.. Nc
Mutt before the Supreme Court, and Mr..
Mcdonald, who is familiar with the prac-
tice of that court, will probably be the
spokesman of the party. The defendants
counsel here are confident that stay OF
execution will be granted until final de-
cision can be had of all the points in the
case.
Late Yesterday afternoon Mr.. ]. N. Bus
kirk, of prisoners counsel, waited upon
Judge Woods and requested him TO defer
the execution of the sentence, for a few
hours, at least, to give an opportunity to
hear from Washington. Judge Woods at
first agreed that the convicted men should
not be taken north until the late
train Oh Monday night, but
did not run through to Michigan City,
he said he would have the execution OF the
sentence deferred until Tuesday noon.
Before Mr.. BuskiIk left him, Judge Woods
further said that il no word was received
from Washington by the time fixed, and
there was any probability of favorable ac-
ton, he would instruct the Marshal not to
start with the prisoners until Wednesday.
After his conversation with Mr.. Bus
kirk, Judge Woods sent for Colonel Frank
Miller, Marshal Hawkins chief deputy,
and gave hime official notice of the prom
iscs he had made to Mr.. Buskirk, and
instructed him to tell Marshal Hawkins
not to leave with the prisoners until he
had received further orders from the
Court.
Messrs. J. W. Kern and A. G. Smith, who
went to Chicago to make application to
Judge Gresham for a writ of error, return
ed Yesterday morning. In speaking OF
their experience Mr.. Smith said that
MIR. Kern and himself went before
Judge Gresham and asked for the writ as
SOON as possible after getting word that the
motion for a new trial had been overruled
by Judge Woods, but Judge Gresham con-
sidered that the important question raised
WIS that of Jurisdiction, and as Justice Har-
Ian bad once ruled on that question, it
would be little less than judicial insubor-
now, Justice Harlan being the
Superior Judge of this circuit, Mr.. Smith
said, however, that Judge Gresham advised
them to go directly to the Supreme Court,
and they concluded that this was the best
thing to do.
"He also told Mr.. Kern" continued Mr..
Smith, "to telegraph Mr.. McNutt to apply
to Judge Woods for stay of proceedings,
and to use his (GTeshsm's) name in con-
nection with ii; and when the word came
back to us that Judge Woods would not
grant 1t, Judge Gresham appeared to be
greatly surprised, and he then sat down aud
wrote q personal letter to Justice Harlan,
stating that he submitted the case to him
and urging him to grant stay or proceed
ing until the questions raised had been de-
cided. He sent the letter to the postoffice
by q messenger so that it would reach
Washington as soon as the application Tor
a writ OF error was made"
Mr.. Smith thinks Judge Gresham is in
accord with the defendants counsel on the
question of jurisdiction, and that il he had
consented to hear the case he would have
so decided it, Judge Gresham indicated to
Messrs. Kern and Smith that the Clark
case, which Judge Woods relied on 10 sus-
tain his position on the indictments re
turned against the defendants, was not in
point at all, as it only decided the right OF
Congress to adopt the laws of various States
in regard to Congressional elections.
Mr.. Bernhamer, accompanied by Deputy
Marshal Stein, visited the Court House
Yesterday, where Mr.. Bernhamer was en-
gagged for some time in attending to some
legal business and in shaking hands with
old acquaintances.
The prisoners remained at the Grand
Hotel most of the day yesterday, but either
Marshal Hawkins or one of his deputies
was with them all the time in order to pre-
vent any criticism of the Marshal, although
no one i'm sgines for moment unless it
L n
defendants would attempt to escape. They
wel again called on during the day by
their families and q large number of
personal friends. Their rooms have been
crowded ever since they took apartments at
the hotel.
Last night, when a Sentinel. report er
called on Messrs. Coy and Bernhamer he
found them surrounded by. friends,
and no one, not knowing the
facts, would have suspected that
they had been sentenced to prison by
United State court, their demeauor being
exceedingly Dvial. Mr.. Bern hamer especl-
ally was in Ugh spirits, and continually
crscked jokes with reference to his pros
pect;ve prison life. When asked by some
one why he did not say more when Judge
Woods asked him what he had to say be-
fore sentencing him, he jocularly replied:
"In the first place, 1 have been
lawyer long enough to know that
the best thing for q client to do is to let
his lawyer do the talking, but the prlnci-
pal reason was that Judge Woods hadbthe
closing speech and would be -apt toiiget
back at me-"
When asked blythe reporter wnsh ex-
pected to start foriMichigan City. he quick
ly replied:
"You will have to see Marshal Hawkins
about that. At meeting of the Execu-
tive Committee this afternoon. he
was chosen Chairman of
Committee of Arrangements, and l have
been q member OF enough committees to
know that it is good policv to refer all bust
ness to the chairman
Upon two or three occasions Mr.. Bern
hamer referred very feelingly to his family,
speaking sorrowfully of his true and faith
full wife, and regretting that he might be
obliged to leave her in charge
of a wreck, thus intimating that
In very satisfactory condition. He
said bis name was still on the sign Of the
law Office of Bernhamer & Walls, but that
was all the interest he now had in it.
When some one came in, and not seeing
Mr.. Coy, asked for him, Mr.. Bernhamer
This is cell thirty Mr.. Coy is in
be next cell, which is thirty.three."
t This remark caused considerable laugh
ter. If Mr., Bernhamer is at all saddle rsd
by the unfortunate position he is now in,
he IL certainly succeeding In concealing
his real feelings from the world.
Mr.. Coy maintains the calm and deliber-
ste demsanor for which hs "a well known.