The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-01
ACTING ON THE LASTCHANCE
Coy and Bernhamer Have Very Little
Hope of Release from Their Sentences.
They May Be Detained Here Day or Two
Longer. but Nothing More than a
Short Delay Is Expected.

SeEIhy Inab WOulQ give 10Y anu DoEuhAUSA
few more days of grace from the fulhllment of
Ihe penitentiary sentence. were constant inquir-
Brs Of those who were presumed to have the
advantage Of early information. But both the
Huestioner and the questioned were equally ig-
norAnt Of any thing that would warrant even an
inference. It was frequently remarked as
curious circumstance that there should be so
Tong a delay in getting some intimation at least
of the proceedings before Judge Gresham. as
Ewo Of the defendants attorneys were in Chicago
some hours before Justice Harlans decision
was delivered, in anticipation of its unfavorable
results They proposed TO begin at once habeas
corpus proceedings and push them immediately
90 the Supreme Court if the circuit judge should
decide against the prisoners. Tuesday evening
Judge McNutt, receiving telegram from his
son to come to Chicago inferred that the papers
had been submitted AID that they
would be considered yesterday morning
But the day passed without the least informa-
ton at this end Of the line in regard to what
had or had not been done. No one speculated
npon the delay, either as favorable unfavor-
able to the prisoners. but there was generally
tacit aceeptance' that had advance been made
towards hearing the prisoners attorneys
would have informed them. Two lawyers were
talking about this phase Of the yesterday.
when one remarked, Perhaps the attorneys
have found mistake in going to Gresham. The
friends of the defendants have all along acted as
If they had proprietary interest in him and
thought that what they could not obtain from
any other judge they could get from him This
is an insult to the judiciary, and believe Judge
Gresham will regard it not only as it relates to
the bench, but to himself personally. It may
be that they have discovered this. They have
at no time had any right to assume that
Judge Gresham would do any more for
them than any other judge. His decision
in the Perkins matter was conscientious con-
structon of law by him, and 1 know that he re-
garded the judicial opinions opposed 10 HIM
being founded upon honest views and interpret
alton of the law. Again, repeat it is an insult
to Judge Gresham for these men to presume, on
every instance Of defeat before other judges,
that he will stand in the way of Coy and Bern
halner being punished"
Whatever was the cause of the absence of in
formation it had a depressing effect upon the
prisoners themselves They gave up all hope,
and looked upon their going to the penitentiary
Rs a certainty. Their friends did, too, for dur
ang yesterday morning there were many callers
NJ the Jail of those who have been either SO
eially politically connected with Coy and
Bernhamer. They looked upon it as their last
opportunity to see the prisoners. and the prison
did likewise, for the parting in every in
stance was suggestive OF long separation. Coy
had recovered from his indisposition of the
day before. which had been exaggerated by
some of his friends. He neither sick
WELL but friend two with whom the prs-
oners has frequently EXCHANGED condolences,
Tepresen ted that it was doubtful If he could be
removed from the Jail for some days. It is
thought this done for purpose in moving
for bail, in the event Judge Gresham. after hear
ing the haoeas corpus application on Its merits,
refused the writ. The rule of practice,
adopted by the Supreme Court. does not say bail
shall be taken in such a contingency, but that
he raFS shall az remRnded 70 the custody
from which they were taken by the writ, or, for
good cause shown, be detained in the custody of
the court judge. or be discharged upon recog-
nizance as hereinafter provided. Serious illness,
it is presumed, would be good cause for the court
to detain the prisoners in its custody, which
can be construed to mean their return TO Jail or
their being held by any other means to secure
their safety. Either way 1t would save them
from the penitentiary until the Supreme Court
could pass upon the matter.
Early in the afternoon the prisoners declined
90 any more visitors, although the latter
sion uu TO o'clock. Everybody was refused. as
I both Coy and Bernhamer were with their
wives and members of their families. They
looked upon IL the last time they would be
together, unless some unexpected turn of the
flaw in their favor should occur. They had been
Uniformed by the marshal to prepare to leaye
rprovided no instructions to the contrary come
from Judge Gresham. Under the rule observed
at the northern prison, and which has been fol-
lowed in regard to all prisoners, their term IN
that place will date from the day which the
mittimus was handed to the marshal That was
on the day Judge Woods pronounced the SEN
fences. Feb. 8, so twenty-seven days of their re-
spective terms have expired. leaving Coy about
fifteen months, counting reduction for good
time and Bernhamer ten months to serve IN the
pepitentary, if they taken there to-day.
Had they been released on ball. pending. the
hearing on a writ of error. the sentence would
have begun on the day 1t was affirmed by the
appellate judge. Some of Coy's enthusiastic
friends proposing 90 raise a fund with which
10 pay his fine. 1t IS understood that
70 hal tad oil
80 as to give the Democrats of the Coy class
throughout the State a chance to contribute.
Coy's business can be taken care of by others,
but Bernhamer complains that his affairs are in
such bad shape that no one but himself can at
tend to them. For a short time yesterday after
noon he was at the courthouse business, IN
the custody of 4 deputy marshal.
The effect of the Harlan decision has been felt
more by the other parties indicted than by Coy
and Bernhamer One of those who is yet to BE-
tried is said to spend many sleepless nights. and
is on the point of attempting to secure leniency
by pleading guilty. One or two moro are repre-
sented as being anxious to avail themselves of
any chance to escape severe punishment the gov
eminent may offer.
Last evening Marshal Hawkins received a tel
egram from Judge McNutt stating that argu-
meut before Judge Gresham will not close until
noon to-day This is the argument on the ap-
plicasion merely. and if the writ is refused the
custody OF the prisoners will remain undis-
turbed, but if it is issued it will be made return
able on a certain day. On that day the marshal
will bring the prisoners into court and the ar
gument will occur on the merits of the case.
The Argument Before Judge Gresham
CHICAGO, Feb. 29-Application was made to
Judge Gresham, to-day. for writ of habeas
corpus for Coy and Bernhamer. the Indanapo-
lis tAlly-sheet fergers, to whom writ OF error
refused, on Tuesday, by Justice Harlan.
The writ of habeas corpus is asked by the pris-
oners on the ground that the United States Dis
frict Court at Indianapolis, which convicted and
AoI ~ss5;n = II.
ton at which the forSeries were committed
having been for State officers. the claim is made
that the trial should have been in State court
Justice Harlan decided that there having been
an election for Congressman at the same time
the federal conrt did have jurisdiction. The pc
titon for habeas corpns states the same facts as