The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-02-08

tertained." Concerning the matter OF the
jurors drinking, the Court said he proposed
to investigate that further, in another way,
but at present he would consider it only as
ii was presented in the pending proceed
ings- 1T Is not even suggested" he said,
AS a reason for new trial, that the drinks
alleged to have been taken influenced the
jurors or affected their condition. tits not
even averred that it had this effect. The
atfidavits do not tell who the jurors were
who took the drinks. Mr.. Stein, the dep
uty in charge Of the Jury, says that he does
not know OF any juror taking a drink, and
did not see any evidences that there
had been drinking done. When
the jury were brought into court,
there were no evidences that any of them
had been drinking" After citing various
authorities bearing on the case, Judge
Woods concluded: 81 do not think this
verdict ought to be disturbed on this &C
count. l do not believe the verdict was
affected by it. My conclusion is that it
was not. On all the other questions raised
as to the admission or refusal to admit
certain testimony they have all been con-
sidered by the Court, as Judge McNutt
suggests, and there seems to De no reason
for change of opinion. Now as to these
affidavits: The general rule, well-estab-
ed, is that afids7its of Jurors or parties to
whom they made statements can not be
received as attacking verdict. The motion
to strike them out to this extent ought to
be sustained, but it is just as well to have
these atfidavits in the record in case OF an
appeal. This Court holds that this is not
properly the case but pro forma, refuses to
order them stricken out. My conclusion,
therefore, is that the motion for a new
trial be overIuled."
MIR. McNutt-''We desire, if your Homer
please, to enter formal motion in arrest Of
judgment"
Judge Woods-"Do you desire to be
heard upon that motionP'
Mr.. McNutt-"No. your Honor"
Judge Woods-"Then 1 VIII override
the notion"
Mr. McNutt then asked for thirty days
IN which to prepare bill of exceptions,
which, after brief consultation with the
attorney, the Court granted.
Judge Woods-''Now, have these de-
PENDANTS, or either of them, anything to say
why sentence should not be passed upon
them?"
Mr. Coy without any noticeable change
in his voice or expression -'Nothing your
Honor"
Before the Court had finished the usual
query before sentence, Mr.. Bernhamer
left the seat he had been occupying and
walked over to the center of the room and
took seat facing the Court and by the
side of Mr.. Coy. Before he sat down he
said
"My counsel have said all that is neoes-
sary, and care to add nothing further"
Judge Woods: sit is always embarrassing
to pass sentence on human being, and 1t
is always unpleasant for Court to deprive
man OF his property, but vastly more so
of that which is nearly as dear to him as
life itself. The case now have is outside
of all ordinary experience. This was a
| crime the magnitude of which cannot be
exaggerated, and | desire to assess such a
penalty as will make future trials of this
kind unnecessary. have no personal i'll
feeling against these defendants. If
could do my duty and subserve the inter-
ests Of society, would gladly tell them to
go; but cannot do it. But | am not going
to enlarge upon the matter. / understand
that Mr.. Bernhamer is a man OF considera-
BILE property. Is that true?"
Mr.. Bernhamer-"That was true at one
time, your Honor, but it is not now. 1t
was true before these prosecutions began,
but for the past year and half my for
tune has about melted away"
Judge Woods-"The sentence OF the
Court is that Mr. Bernhamer pay into this
| Court fine of 81 900, aud that he be con-
fined in the Northern Prison for period
of one year"
Turning to the defendant, the court said:
''Mr. Coy, / find, from the evidence, that
| you are poor man and have no property.
! For that reason the sentence in your case
is that you pay fine Of 800 and be con-
fined in the Northern prison for eighteen
/ months"
A bresthless silence prevailed while the
sentences were being pronounced, but, as
soon as the Court had concluded, there was
some sort OF noisy demonstration by the
rabble present. but order was Immediately
restored by the Marshal.
Mr.. McNutt-"We desire to ask the sus-
| pension of this sentence for thirty days.
| That is, until the bill OF exceptions has been
| prepared and acted upon. am told that
this was done in at least one case in this
court"
MIR. BEskirk suggested that the case Mr.
| McNutt referred to was that of Peter Nc
| Cartney, who, after being sentenced for Fl We
| years, was released on bond until his case
was ruled on by the Appellate Court.
Judge Woods-''My Judgment is that
| There never was case to my knowledge
In which the guilt of the accused was more
clearly established, and that, too, without
! evidence that was contradicted. However
/ want to give these defendants q fair
chance, and will direct the Marshal not to
execute this sentence until Monday, that
is they will be allowedi to remain in
the city. That will give you ample time
to get such indulgence from the Appellate
| Court as it may think proper to grant. In
the meantime the defendants will remain
| In the custody of the Marshal, who will
be responsible for them"
At i've minutes after II o'clock Judge
| Woods adjourned court and Immediately
| the crowd in the rear of the room began 20
| climb over the chairs and seats that sepa-
/ rated them from the prisoners and their
| friends. Messrs. Coy and Bernhamer were
| soon encircled by q dense mass of old
acquaintance, who were anxious to take
| their old friends by the hand once more,
| Stephen Matter, who was acquitted,
was about the first to reach Sim Gov. he
| gave him hearty shake of the hand, but
| he was so affected that he could not speak.
This is awful" "Please accept my hearty
sympathy" 81 hope you will not have to
CO." 81 never felt so bad in my life" and
| various other expressions were made to the
defendants, to which they would usually
respond: ut is about what we expected
ut is not over yet" ''It is pretty tough,
but we will take our medicine like men,"
AS soon as he could get away from his
I friends, Sim took his coat on his arm and
started for the Marsha's Office. He was
| Joined at the court room door by Deputy
| Taylor and the two hurriedly walked
| down stairs to the Marshars apartments
Several OF his intimate friends had pre-
| coded him and were waiting to more
| quietly sympathiZe with him. In moment
| Bernhamer came in with Marshal Haw-
kins. He was complaining about some
body taking his new silk hat and leaving
an old one that was a mistit. He seemed
more troubled about this than the fact
that he had been sentenced to prison. At
one time, in answer to some passing re-