The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-01
COUNTING ON A NEW TRIAL
Attorneys and Friends of Coy Are Try
ing Hard to Keep Him Out of Prison.
They Seem To Have but Little Hope, and De-
nounce All Opposed to Them-Signifi-
can't Letters from Two of the Jurors.

| tomorrow to sustain a motion for new tria
| with divers affdavits to the effect that undue
| influence had been used on the jury to return
verdict of conviction. But who the atlantis are
/ is not given out, and it appears from the little
talk among the attorneys, yesterday. about the
| value of the Messck telegram in this connec
ton that they have, in measure. abandoned il
| as an element of proof With this out of their
| claim, lawyers think there is no possible hope
| for the defendants But it is not even assumed
| that with the telegram position for argu-
ment they could obtain new trial or a reversal
Of the verdict The more the attor-
neys for the convicted persons examine the
authorities the nearer they getting to the po-
sition of the government that juror cam OF at
tack the verdict Without ahidavits from ju-
rors they will have no proof whatever to support
the claim some one had tempered with them.
AS to objections to the courts rulings it is the
prevailing opinion among lawyers that the de-
PENDANTS also without a good claim for a
writ of error, since in the greater number of in
stances the defense was benefited by the over
ruling of the objections of the district attorney
Through these phases of the case the bitter
denunciations the gang pronounces against
Democrats and Republicans alike show that. as
hope fades. the soress disappointment and male
oict1on take Its place. Inc sentiment which
moves 1t to this course is expressed in the tele-
gram Coy received yesterday from W. E. English
and Joseph T. flaming who in New York.
They telegraphed. "Our warmest sympathy
goes out 20 you in the troubles which partisan
injustice has placed upon YOU" But the wrath
OF the gang goes further in threatening
geance against those from whom assistance was
expected 1t has turned against Bynum be-
cause ne did not come here and take part in the
trial Some of Coy's friends.say, 'Bynum was
ready when his law partner. Beck, was in danger.
n oil h. fNn No nfn I11~
With Beck ont of the trial he remained at
Washington, on the plea that public business
would not permit him to leave" Leon o. Bailey.
the assistant DISTRICT attorney. in whose inter
est the gang worked, in 1885, against Bynum
and in whose cause it has recently been urging
the nomination of the latter for Governor
clear field for the congressional
nomination. is also denounced for going on the
stand and refuting Dan Buttons testimony.
Burton testified that he did not hurriedly
leave Room 50 when Coy and others were there
while Perkins changed the Hisey tally-sheet
with the remark. any God! this is place for
mony before the federal grand jury, and
brought them with him into the witness stand.
He showed that Burton did say as he. went
out of Room SO, 'This is no place for me-" The
gang now threatens that Bynum shall not be
Governor nor Bailey Congressman.
There is another feature of comment which is
mocracy to reform the federal judiciary. shark
my words" said one of the adherents Of Coysm,
yesterday. sit will not be long before the pres
ent system of United States courts will be abol-
ished. What must he done in order to secure
justice in those courts is to establish elective
Judiciary: man who is judge for life cares
judges position depended upon the will of the
people he would think of exercising ar
bitrary authority" But, after all. the greatest
proclaimed. is against the Democratic
jurors. why" remarked Coyite, 1--WE had
assurance from Messick and others that under
He said he would rot in the jury-room before he
would find any of the defendants guilty Juror
Gardener told us after the verdict was returned
that he had no idea it carried with it a peni-
ten tiary sentence Messick went back on his
word by voting for conviction from the outset"
The one fact. however. that crops out of all
less Democratic jurors is that the convicted
confronted by punishment which thev know
they cannot avoid They know. too, that the
matter does not end with their going to prison,
for the indictments against Coy and Bernhamer
personally are yet to be tried.
While Democrats who hold fast to the gang
are sending letters and kilograms of sympathy,
the district attorney is receiving many com
munications from members of his party through
out the State, congratulatine him on his success
in securing a conviction. One of the noticeable
letters of this kind he has received is from a
prominent Democrat in the northeastern part of
the State. who wrote that the party can no longer
bear the burden of tally-sheet foreers. Had
Coy been acquitted it would have destroyed the
party in Indiana, as Mechanism in Cincinnati
wrecked the Ohio Democracy and put it back
twenty-five years. "The Sentinel" says this
Democrat, .'proclaimS itself the family organ of
the gang"
Letters have been received by the Journal
from jurors Messick and Davis, in which they
expose the misrepresentation the gang has cir
culated regarding the proceedings in the jury
room. Mr.. Messck writes, SIN regard to the
alleged interview in the Sentinel. the correspond
ant makes me say that believed that the re-
cept of the telegram influenced tho two jurors,
Gardener and Peters. to change their votes in
order to let me come home 1t is all false. from
to end. voted for conviction from |
the second ballot till the verdict and still abide
by my decision. I agreed when taking the oath |
Is ju ror to find according to the law and evil |
Democrat but will not uphold fraud In Demo |
GRAFT or Republican, and will not tamely submit |
% Misrepresentation. Trusting this will explain |
matters, am. very respectfully"
The letter from Mr.. Davis is as follows at |
kept record of the proceedings of the actions |
Of the jury. Furthermore, agreement was |
made between the jurors that we would say |
lothiug as to how each stood to any one
person so long as We remained in the city. This
proposition was made by jurors Gardener and
Peters and acceded to by the remainder of the
ury, the vote being unanimous. I don't say that
he motion was made by either one, but they
we're anxious to have the agreement made, and
was made IN defersnce TO their wishes. I
made no record and therefore made no promise
o furnish it to anybody. From the evidence
before us made up my mind az how should |
'ote. stated my position and used such argu-
nents as presented themselves in a respectful
7ay to get other jurors to the matter as I
aw it. They did the same made threats
+ used any persuasion of any kinds. simply |
erformed my duty my conscience dictated"
State Senator Cox Stands by Coy.
o the Editor of the indianapolis Journal:
1 was surprised to find this morning in your
aper an article headed Estate Senator Cox De-
ends the Criminals" There are portions of
our article do not care to change. either in
hraseology or sentiment. but any language at
'lbuted to denouncing the President Of the
nited States or that would refuse to vote for
early of the opinion that the forum of Judge
oodss court has been desecrated, and used to