The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-29
And Not Only Sustains Judge Woods's Charge
to the Jury That Found the Defendants
Guilty, but Strongly Commends 1t.
The Attorneys of the Conspirators Will
Apply for a Writ of Habcas Corpus.
Judge Gresham Will Be Asked To-Day 20 Pass
Upon the Matter-Cey Is Ill and Is
Threatened with Pneumonia.
HEARING THE DECISION.


A Crowd of Eager Listeners Fiji the Federal
Court-Room.
When Justice Harlan, yesterday afternoon,
began his decision in the writ OF error proceed
ines concerning Coy md Bernhamer. the court
room had about all the people in it that could be
Accommodated, either with seats standing
room. clear space was reserved for the law
yers and reporters. but all beyond that was
packed with attentive listeners. They con-
finued to come until the inner line was pushed
further within the room, except where barrier
in benches opposed any encroachment upon the
reserved space. Beyond this barrier was the
crowd to which the followers OF the gang close
to Coy gave coloring Two-thirds of it repre-
sented those who had attached themselves to
the political fortunes of the little boss; Amoae
them were persons who have done his bidding
in everything, from managing primaries
in his interest to regulating the polls and manip-
ulating the vote. They stopped short at forging
tally-sheets, but no doubt some of them would
have responded to that service if Coy had not
arranged for their perpetra,ion by the select
few. To them the decisian meant great deal
If it was adverse it would leave them without
the active influence of aleader. If favorable
it would give them a chance for congratnlation
methods that have characterized the career of
the gang from the time Coy became a little boss.
During the thres hours of delivery they stood
patiently catching every word that fell from the
Justices lips. He had no comfort for them. and
as the tendency aud conclusion of the decision
were early manifested, the eject on that partsof
the audience was easily discernble. But be-
yond them the crowd extended into the room ad-
joining, and from thsre into tho corridor with
groups gathered about the main entrance to the
court room. Some of them could hear nothing,
others very little, and tho most at best only
enough to keep track of the Justices reasoning.
But within tie bar, and taking seats wherever
they could be found. even along tre platform of
the judges and clerks desks. aud IL the wiz
dows, was another crowd, with all the character
istics lawyers, doctors and business men could
give it. Lawyers, from those prominent In
practice TO the attorneys who are glad to get
fees in minor cases, were there. The clergy,
too, had it's representatives, and among them all
was the mixture of the people as they
and 60. 1t taxed the watchfuiness of the mar
shall and his deputies to manage the crowd, but
throughout there was very little confusion and
noise, except when tapping on the door for
entrance or the movement OF the crowd outside,
intsrfered Among the auditors were
General Harrison. Ex-Governor Porter, Hon.
John III. Butter, Judge Alex C. Ayres,
Z. B. Martindsle, James II. Baldwin, John L.
McMaster, W. p. Fishbaek. COL j. VI. Glover.
Revs Drs. Jenckes. Mcleod Baltzy. and 9th
ers Among those standing was Albert Ayres,
whose election as criminal Judge the saly-sheet
forgers sought to secure. Stephen Matter, tho
co-defendant OF Coy and Bernhamer It the
trial. and whom the jury acquitted, also had
hamer were absent, the former being sick and
the later preferrng to remain at the Jail to hear
the result of tho decision OF the attorneys,
only Judge McNutt, for the defendants. and
Judge Claypool, for the government, were pres
snt
The Justice had not in his clear and meas
ured tones, spoken Eve minutes before it could
be seen that upon the question of jurisdiction
the defendants had no hope whatever. He did
not in the least vary from his former decision
or that point. Nor was this part of his con-
clusion wanting In emphasis Little by little
the argument of tho defense fell to pieces under
his searching analysis of every feature that en-
tered into the claim for a writ of error. HIS
comments were terse and forcibie. At every
point they, supported by clear reasoning went
to the very center OF the case with thorough
mess Of convincing detail. AS was the matter
of jurisdiction. SO We're the objections to Judge
Woods's charge to the jury overthrown by op-
posing the defense in every claim that had been
urged. The Messick telegram, upon which the
defendants placed their hopes appeared in the
race OF autno1lGieS cited very Trivial matter
The af1davits as to the jurors drinking liquors
were more effective 1t was thought that if
Coy could not escape Bernhamer would GER
tanly have a chance for release on his motion
setting out that he had once been in jeopardy
but this. too. dwindled into question of in
significance after the Justice had shown where
the attorney had failed support its merit if it
had any. by proper practice The decision was
without exceptional feature, directly against
the defendants. It was received with crliet
satisfaction that the law afforded no chance for
one to escape conviction upon mere technical, OBJ
jections which tha Justice considered the de-
PENDANTS from first to last to be.