The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-30

shat we could pass the time proitably If you
gentlemen would hear my speech again
1--WE will hear it,p said juror Dickinson, and
then all laughed, as if they could tell the en-
gaging orator that his wellrounded periods ana
pretty phrases had been Intellectual But Kerr
knew that already, for q few minutes before ne
had said: s'The jury has agreed to convict Coy
and Bernhamer and acquit Matter VIII pet
81, 000, though. with any member OF the comm,t-
tee of one hundred that Coy will never go TO tho
pententiary."
.sYou intend. then. to take the matter to the
Circuit Court on errorss' was suggested
Certainly. We are going before Judge
Gresham Just as soon as We can get there"
Still the time went on, and the court waited,
but at $40 Marshal Hawkins entered and De-
hind Judge Woods, followed by District
Attorney Sellers and others, after whom came
Judge McNutt and last of all Bernhamer In
an instant there seemed to be turned into the
room many people as were there before. They
crowded forward, filling almost every inch of
space within tho bar. and extending in packed
body to the door.
at once turning to the jury, was about to ask
the formal question to agreement. when
Judge McNutt interposed with query as TO the
form of putting In an objection he desired to
make to the verdict He wished to object to 1t
because a communication in the form of tele-
gram had been sent to one of the jurors during
the decision. Judge Wood told him he
could make the objection either before
or after the verdict Turning again to the Jurors
the Judge asked if they had agreed upon YER
dict. Foreman Davis responded that they had,
and handed to the clerk of the court paper
which that officer read. with an impressive
silence pervadng the ovsrcrowded ROOM Its
form the always used. and told the
court. auditors and defendants that Simeon Coy
and w. F. A. Bernhamer had been found
guilty. as charged in the indictment,
and that Stephen J. Matter was acquitted.
Coy's face flushed little. He looked steadily
at the clerk with sign of tears but without a
sob expression to tell of the strength of the
emotion he doubt felt Bernhamer might
have been attorney instead Of defendant
SO far as any trace Of emotion on his part was
concerned. Matter smiled. but stoholy
met the congratulations of Bernhamer,
who reached over the table and shook hands
PENDANT his escape. did others, among
hem John E. Sullivan Judge McNatt asked
to have the jury polled, and as the names OF
each was called the Judge asked. lis this your
verdictao To it came the prompt resp onse, ut
is" and then again was this answer, II do to
the question do you still abide by itV
This formality over, Judge McNutt asked the
Court to appoint day when could be heard
motion for q trial. If this is overruled it is
proposed to move for q stay of proceedings until
the questions in error can DO passed upon by
Judge Gresham. This motion will come up
next Thursday, and in the meantime Coy and
bonds of 81 900 each. heretofore given in the
case. This closed the proceedings, and within
ten minutes thu crowd had left the courtroom
and the building, the defendants going with
their attorneys TO the Bates House. where at
late hour a consultation was had.
Coy had little to say. He neither de-
nounced the proceedings. as far as any but
his friends knew. or admitted the Justice OF
the verdict Bernhamer was more voluble. he
condemned the proceeding persecution one
minute especially the judges charge. and then
laughed and talked of other affairs as it he were
to rise this morning free man. untalnted with
crime undisturbed by verdict that will prob
ably consign him to the penitentlary hanging
over his head.