The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-02-08
Msssrs. Coy AID Bsrnbsmsr, in Custody Of
Deputy MiHhils, RscaiVs Their Friends.
Several Husdrsd Democrats Call and Express
Confidence and Sympathy.
The Convicted Mem Still Qults Hopeful Of Sc
curing Fair Hearing.
Further Proof of the Duplicity of Juror
Decentralization by the Supreme
Court Expected Shortly.

remarked w. F. A. Bernhamer last night,
as he lay upon a comfortable bed in room
81 Of the Grand Hotel. His extensive feet
were encased in pair of fair
leather wigwams that had been pre-
sented to him since he had been
in custody of the Marshal. Upon his
head was tight fitting skull cap.
L"There have been fully 500 people here
to see u.s." he continued. land tell you
the flowers of the Democracy of this coun-
" were among them, Ii l had the men
who were here to-day back OF me all the
time, would not hesitate to run for Pres
ident, and would defy any man to defeat
me. There is not a voting precinct in this
city that has not been represented here"
Mr.. l.. d. Moody, the insurance man,
was there, and incidentally remarked that
he would be obliged to 60 out on the road
this week on a business mission.
Mr.. Berhhamer brought down the house
by remRrking: Eyes, and Mr.. Coy and |
are also thinking of going out on the road
on q little matter of business"
Among those who called on Mr.. Coy were
Mrs. Irwin, an old lady living in the Twen-
ty-fifth ward, and her daughter. Mrs. Irwin
is sevsnty.fiVe years of age, and has for
years known Mr. Coy and loved him as one
of her own boys. She closely watched the
progress of the first trial and also the last
one. and yesterday, as she got first look
at him, her eyes filed with tears, and she
exclaimed:
"Oh, Sim, noe boy, how sorry feel for
you"
Don't worry. Mother Irwin" remarked
Mr.. Coy, in hopeful manner, II will get
along all right"
"But you were so kind to me boy when
he YVES alive,' she said. GOD bless you,
Mr.. Coy; God bless you; with both hands
hope God will bless YOU"
AS soon as he had breakfasted in the
morning Mr.. Coy, in company with Deputy
Stein, was driven to his home
at the corner Of Alabama
and South streets. He remained there long
enough to change his clothes and give his
wife and fifteen.year-old son a few words
of cheer. He then re-entered the carriage
and was driven back to the hotel.
Early in the forenoon Deputy Marshal
Taylor and Mr.. Bernhamer took a walk out
to the latter's home on Dougherty street.
Deputy Taylor said it took them nsarly
two hours TO get there. as every man and
woman, and even the children, who saw
them, ran out to shake hands with Mr..
Bernhamer.
THAT is proper" said Bernhamer, who
heard what Mr.. Taylor had told the re-
porter. 81 believe in standing in with the
children. A man in politics can do more
by counting the children than in any other
way 1 know of. Why, when 1 have been
polling wards I have relied more on
what the children would tell
me than on what the parents would say.
You can always bet on finding out from
child over six years old what his or her
fathers politics is"
Mr.. ]. G. McNutt is supposed to have ar
rived in Washington yesterday morning,
and it is understood that he was to have q
consultation at once with Messrs. Melon
aid, Turpie, VOORHEES, and Bynum, and that
it would be arranged between them
who should present the case to the Sd
preme Court. Senator Turpie is very ia
miliar with all of the law points, as he was
District Attorney when the Perkins case
was argued, and it is thought he will assist
Mr.. Mcdonald in making the argument.
1t is generally believed by attorneys here
that the Supreme Court will at least grant
a stay Of proceedings until the case is
finally disposed of.
District Attorney Sellers returned from
Monticello yesterday morning, where he
went Friday night. In speaking of the
case, he said that he did not believe Ssna-
tor Turpie would go into it, as he had al
ready argued on the other side in the
Perkins proceeding. Mr.. Sellers was also
of the opinion that the only question the
defense could raise; before the record was
taken before the court; was that of
jurisdiction, and this could only be raised
by an application for q writ of habeas cor
pus. He said that Justice Harlan would
not think OF granting writ of error until
he saw the record, and that even if he
should hear that question, it could not be
he had decided it. If the case
proper gets before the Supreme Court
in any form, Mr.. Sellers will
go to Washington to assist the Attorney.
General in arguing the Governments side
of 1T.
Under no circumstances will it be abso-
lutely necessary for the prisoners to APP
pear either before Justice Harlan or the
Supreme Court. In the State court 1t is
customary to require the person who is re-
strained of his liberty to appear In court,
but in the United States Courts this rule
is not so rigidly enforced. For instance,
in the Perkins case the defendant was out
on bond some time before Judge Gresham
heard the arguments.
1t is now considered fortunate for the de-
PENDANTS that Judge Gresham refused to
pass upon the case, as many lawyers be.
lieve that upon the question of iurlsdic-
ton be would almost have been Obliged to
decide the same as Justice II arlan did, aud
if he had done this, all right to appeal to the
Supreme Court would have been sur
rendered.
Ex-Ser ator Mcdonald, who has examined
Justice Harlan's opinion on the question
of jurisdiction very carefully, is said TO
be clearly of the opinion that the Justice
is WRONG, and is confident that the Supreme
Court will so hold. He feels positive it is
understood, that the United States Court
had no right whatever to try this case,
and was greatly surprised when
Justice Harlan ruled otherwise.
Several well-known friends of the con-
victed men left for Washington yesterday
to see that sufficient talent is engaged to
properly present the case In the ablest pos
sible manner before the Supreme Court.
1t leaks out that juror Messick, who has
become so notorious for his conflicting
stories, was a member OF the jury in the
capacity of a decoy duck. He not only
approached one of the counsel for the de-
PENDANTS at the depot and undertook TO
tell him that he considered the efforts of
the prosecution nothing but persecution
of his friend, but one of the first things he
did upon arriving here was to send
word to Mr.. Coy that he
was bis friend and would stand by him.
Not only that, but after the testimony for
the Government had all been submitted
he approached friend of Mr.,Coy's and
told him to say to Mr.. Coy for him that he
need not fear being convicted. as he con-
sidered him innocent and would stand by
him uptil doom's day. This, taken
in connection with the fact that
after the trial Messick boosted