The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-17
A QUICKLY CHOSEN JURY
Acceptable Men for the Trial of the Con
spiracy Case Are Easily Procured.
Judge Woods Grants Henry N. Span q Sepa
rate Trial-Mr. Hendersons Interview
with Attorney General Garland.


| terday in the United States District Court would
be used in procuring jury for the second tria
OF the men charged with the election conspiracy,
or rather of the four among the indicted-Coy
Span, Matter and Decentralization the
governments attorneys decided to try first. II
the morning, however, twenty only of the venre
of forty reported, and nothing was done until
the afternoon, when to the agreeable surprise Of
attorneys and the judge, within an hour and
half the jury was obtained There was little
delay in getting into an examination of the fit
ness of the jurors, and in the meantime the de
PENDANTS and their counsel, John w. Kern. John
Ell. Buskirk. of Bloomington, and Frank Matter
held quite protracted consultation in one OF
the rooms off from the courtroom.
The defendant Rernhamer came in shortly
after o'clock. and went at once into the con.
sultation room. So did Span, and in few
minutes j. G. McNutt returned from the
ferring attorneys and defendants. remained q
short time IN court and then rejoined them.
Judge Woods then entered. and following him
promptly were District Attorney Sellers, Judge
Claypool and Leon o. Bailey The immediate
opening of court brought the defendants and
their counsel from consultation. and, as they
came in, among the latter appeared A. G..
Smith, of North Vernon, who had until then re-
manned closeted with Coy. whom the other de.
PENDANTS and attorneys had joined
AS they walked down the room to the attor-
neys' tables, near the jury box, the party made
quite suggestive procession with Kern Lead
ing, followed in order by Bus kirk, Smith,
Spaan, Bernhamer and Frank Mattler with J.
G. McNutt and Simeon Coy bringing up the
rear. The last named carried bundle of pa
pers, as if he was to serve clerk for his couu-
sci. At this time there were but few in the
courtroom aside from those summoned in the
venire. There was no crowd of politicians and
citizens as at the beginning of the
former trial, and Marshal Hawkins
and his deputies had no difficulty
in providing enough seats for all who came.
The marshal3 had in the meantime, in getting
ready for the lawyers scrutiny of the panel,
filled the jury-box with the first twelve on the
venre, from which Charles viele. of Evansville,
Alexander Robinson, Unionville; George w.
Hurd. Hunterstown; George W. Foreman, La.
fayette; Wesley Cheatwood. Gosport, and
George ". Matthews, South Bend. had been ex-
cused from appearing z. U. Car. of Flint,
and Rufus 0. Willard, New Lebanon. did not
report at all. The venire was thus reduced to
thrty-two.
Judge Woods said that it would facilitate
busine great deal if all the jurors were sworn
at once to the questions that would be put to
them. This done the examination of the panel
begun by John ". Kern on behalf of tha
defense in briefly stating the title and charac-
ter of the Then, taking up the panel midi
vidually he asked w. H. montgomery.
of Owen county. to his quafc
tions a juror. Mc. MONTGOMERY said
that he had read the accounts of the first trial
in the Sentinel and other papers. He in
the city, too at the time. but heard part of
fba thoo
had read. and formed opinion which he dill
not think would yield to additional testimony.
While it would require very strong evidence
change his opinion, he thought he could hear
the case and return impartial verdict The
court said under such circumstances he wasdis-
qualified.
Augustus w. CARROT. Washington county.
told Mr.. Kern that he mad Dot heard of tho case
until he came to the city. He real Indian
apolis papers, but the defense did not want him
and let him go.
w. A. WATSON, of Delphi, had read about the
first trial and subsequent events concerning the
case in the Sentinel and Chicago Times. He
had also talked with individuals about il. On
this account he had formed and expressed an
opinion which would require very strong evil
dence to change. He excused by the court.
John Stair who lives near Lafayette, had
read about the case in all of the Tippecanoe
county papers. but had formed no opinion.
He could not, he thought, as fair juror, give
verdict in strict accordance with the evidence.
When it came to the governments time to
anime him, the district attorney excused him.
j. b. Curtis lives five miles from Vernon. in
Jennings county. He knew very little about
I he case, although it had been mentioned In his
presence He had formed no opinion. but
thought his difficulty in hearing well would
make him an incompetent juror.
James A. Allen, of Parke county, lives near
Rockville. The county papers and Indianapolis
journal had informed him of the He
could say that he had formed opinion
from his reading. as he had not read the editor
ials. did he read the evidence in the first
trial very closely. He thought he could render
an impartial verdict The defense excused him.
VIM. III. Bungar. of North's Landing Obio
county, had not heard, he said enough of the
case to amount 10 anything. Indeed, he could
not remember any talks concerning it. He had
not read the papers,, nor had he any oninlon
about the matter. James Peters lives within
ten miles of Caunelton- He knew of the case
by reading a portion of the evidence In the
Sentinel and in Perry icounty papers. but be
mad no opinion. Jacob Gardner of Bremen,
Marshall county, heard OF the case for the first
time a week ago, but no impression was made
on his mind.
John F. Potter, Of Clark county knew of the
case and the events attending It and the hrst
trial through the newspapers He also learned
a good deal concerning it through converse
tons His opinion had been formed at that
time and he thought would naturally retain
such impressions or opinions, unless hey
overthrown by strong evidence. He read the
Journal, and while he did not follow all
the evidence ne got enough upon Wnlcn 10 base
an opinion at the time. However. il he went
into the case he would render an impartial YER
dict upon the evidence that might be produced,
without regard to what he might have thought
before concerning the guilt or innocence of the
defendants. Mr.. Kern excused him.
Albert Messick of Henry county. did not hear
of the Gaze until he came the city. since
his coming had he talked with any one concern
ing it. He had no opinion.
Robert Dunlap is from near Madison de had
read references TO in the Jefferson
county papers. but took little interest in
the matter. he did not remember the names
of any of the defendants except that OF 10y. ano
he would not have remembered that had 1t not
been mentioned SO often. He had no opinion.
f. NJ Berkeley of Salem, never read carefully
the evidence offered at the first trial. What he
knew about the case came from the Cincinnati
rommercal Gazette. and the editorials concern