The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-13
mot GUILTY"I is THEIR PLEA
Three Defendants in the Conspiracy
Cases Appear Before Judge Woods.
Henry Span Makes Special Plea. Claiming
that lie Cannot Be Tried Again-The
New Grand Jury's First Report.

The defendants in the election conspiracy
cases appeared before Judge Woods yesterday
and pleaded on the indictments against them.
Matter was the first to appear. He pleaded not
guilty. Henry Spaan also went early before the
judge and presented special plea in bar. Bern
banner came in late in the afternoon with plea
of not guilty, and Coy did not get around to the
federal building until after the court had ad-
iourned for the day and it was too late for him
to enter his plea which, however, would have
been not guilty. He explained his absence as
due to an understanding that Bernhamer was to
attend to the matter for him. His plea will be
entered to-day and the delay is immaterial.
Henry Spans special plea was in effect that
he had once been tried for the same offense. and
that the jury which had disagreed had been
discharged without his knowledge or consent.
and inasmuch as he was the attorney in his own
behalf he pleads that this neglect Of proper
notification is cause for bar to further prose-
cution. Mr.. Span bases his plea upon the
ruling of State courts, which. however, do not
always constitute precedent for United States
courts Among authorities which he relies
upon are two cases in the Indiana Reports. In
the OF MAIDEN vs. Emmons. 50 IND.
1880, it is stated that: IF jury is
discharged by court without the consent OF
the accused it operates 10 release him
action of the court Even when such reason
able grounds exist, the prisoner must be pres
ent when the order discharging the jury is
made. Another that he cites is that or
the State VS. Wilson so In d., 487, clause of
which says, .sIn felonies such presence is essen
tal and cases have not been unknown where
courts have refused to permit this right to be
waived Thus verdict of burglary was set
aside in Pennsylvania VIXEN it was taken in the
defendants absence. although his counsel
waived his right to be present. Mr. Span will
2 afternoon before
Judge Woods
the defendants have been very secretive as
to who their attorneys are since Jason B. Brown
aud Judge McNutt have withdrawn from the
case, but yesterday it developed that John Il.
Lamb and Judge Mack, of Terre Haute, and
Johu w. Kern are to appear for them. 1t is
promised" sald gentleman yesterday, that
Terre Haute will have big delegation at the
trial The trouble with the old attorneys is
that money for the defense was not to be had,
although Brown says he will appear if the can
county in time. 1t began on Wednes-
day morning, and there is no likelihood
of his coming" Coy says he is sure of an &C
quittal, and that he urged to make what
some would think plea for mercy. But am
not the man to ask for mercy" he continued.
IF am to 60 to the penitentiary it will require
officer to take me there. L will go down to
the train and find my way to Michigan City
alone. l have done no wrong, and the people
will find it out"
In the first trial sixty men were summoned on
the venire and the twelve for the jury panel
were selected out of the first thirty two exam
ined. 1t is expected that for the coming trial
jury will be obtained from the first twenty
called