The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-30
suaded to Sign Petition Recommending
Clemency Toward the Convicted Men.
PHASES OF THE TRIAL.

| san appeals and efforts Throughout the
trial the attempts to influence the jury
| to regard the matter of fealty to the
Democratic party were manifested in many
| different ways. Attorneys for the defendants
in tho lull of the proceedings and before they
began at each sitting of the court, never lost an
oppo rtunity to entertain the jurors with the
chance talk of the time. So gracious were John
w. Kern and A. g. Smith to the men who were
that their purpose was almost as plain as thu
attentions. But there was another
and more significant indirect pressure
used While the evidence was in progress
and the arguments ware being made Coy's SUD-
porters and sympathizers composed the larger
part of the crowd in attendance. On adjourn
ment some Of the more rabid would always
linger around the door or in the hall comment
ing severely upon every point that had been
made against the defense. At times their re-
marks would be burdened with oaths, condemn
ing the court, prosecution and everyone who
had taken an interest averse to partisan inf1u-
ence. 1t was through this fire of comments that
the jurors had to pass day after day as they left
the courtroom.
The best expected by the defendants was
disagreement, and this they counted on SO
surely that at no time. unless it Stephen
Matter, did they give credence even to bare
possibility of conviction. 1t was regarded q
certainty that the jury would not remain to-
gether longer than Saturday afternoon. when
the judge would discharge It, as he did in the
first trial, leaving the case to be fought over
again. This they confidently believed would
not occur. reasoning that as two trials had
failed to reach conviction it would
be useless to go into the third.
As to this the governments attorneys
entertained another opinion and one directly the
how haze Infn hiTA
trial with all the vigor that important new evil
dence, which came to them accidentally after
evidence been available when Coys reputation
being upheld by witness after witness, it
would have crushed the whole defense to
character and left the little boss Of Marion
county Democracy in plight little less shan
pitiabe. The effectiveness of this testimony
would have been such that no jury without en-
bazouing its partsanship in its action. could
fail to return a verdict of conviction.
There was another force, and one the defend
ants have not fully appreciated. back of the
prosecution 1t came from Washington, and
direct from the Attorney general, in instructions
to push the cases until an absolute conviction or
acquittal could be reached. The Attorney
general has given the legal questions involved
in the prosecution thorough study. especially
that concerning jurisdiction. His opinion, coin
Gliding with that of Solicitor-general jerks, Is
that there be no further controversy
an issue to jurisdiction. 1t belongs to tho
United States Courts. these officials say. Coys
visit to Washington led to no result,
instructions with emphasis as to the charActAf
of the crime and the necessity of having the
criminals punished Democrat the other
night reproached District Attorney Sellers with
being too ready to do his duty. ''In the frst
trial. he replied, II had some choice as to what
to do. In this have not. It was either to full
fill my duty the attorney of the government
or leave the office" That quisted the com plain
ing partisan, who directly afterwards left the
room.
On the side of the defense nothing was looked
at but the political phases of the trial,
and nothing brought out this feeling
more strongly than ~ the d den Citations
attorney and Judge Claypool. The latter was
cursed as being no Democrat. Mr.. Sellers
threatened with efforts to drive him from the
party, and. as for Judge Woods, it was only the
limit of cendemnatory terms that checked the
variety Of explosives About noon, Saturday,
in a crowd Of Democrats, his charge de-
nounced as outrageous, and of all who heard
this condemnation Coy alone kept silent
Indeed, he is about the only one of his
However, some tims ago. he informed District
Attorney Sellers that if he prosecuted him and
any of the codefendants the Democrats of In
diana would pronounce against his being con-
frmed
As an example of what is said about Judge
Woods, the remarks made by w. j. Craig, editor
and proprietor of the Sentinel, will 1t
was Friday evening, in the assistant district
attorneys Office, when a party of gentlemen
discussing the trial and its incidents. Craig.
who of the number. said THE people
should arise masse and overturn this d-n
building with Judge Woods in it." Nor were
the remarks in this connection yesterday less
b Gated and denunciatory.
There are many Democrats who attribute the
to the manner in which the case was
managed. 1t is said the argument should have
been made altogether political grounds, and
that what John w. Kern did in this direction
was no. strong enough. Others say mistaken
were made in giving the prosecution opportu-
was done the gravest error occurred in not hav-
ing Coy deny it's statements. But Coy him
self says the defense could not have
looked after more closely than on the former
trial. It would have been all right for a dsa
greement, he and bis friends believe II the Mes
sick telegram had not gone into the Jury-room
Upon that the defendants attorneys intend to
base their motion for new trial. which Will be
controverted by facts ID . Oh the us
gram was received only two Of the jurors, Car
bouer and Peters. favored acquittal. Mr. Sci
lers SAYS he has been informed that when
the jury went out it first took vote
as to the guilt OF the three men. For the con-
vietion of Coy the vote stood TO 3, on Bern
hamer TO and on on Mattler to O. After
this vote was taken the jurors by IL to l de-
cded there conspiracy. This occurred
before supper on Friday evening, ana the voting
went on without meterial change until Saturday
morning, when it stood 10 to as to the guilts of
Coy and Bernhamer and to Matter
No change occurred until o'clock that
Tense will set up the claim that ths Republicans
were determined to secure a conviction, and that
all day Saturday the Messick telegram was
used, as John Z. Sullivan says. "all over the
room.n The defendants say they collecting
evidence, tue material feature of which, it ia
will be affidavit from juror Car
boner to the effect that IL il had not been for
the telegram the jury would not have agreed.
In the discussion of the verdict yesterday by
the nablic a considerable interest was shown in
what 10 TO take place Thursday. whom Coy and
Bernhamer will probably be sentenced. The
extent of the punishment they will likely
caise also canvassed. as the question
afh hay hfz 1nafY IN al
ing Tho tendency of the matter
= ~. Jfr;fad Staf~s fs;rrr;t f.onre