The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-29

Judge Gresham Will Be Asked to Issue .
Writ of Habeas Corpus-Illness of Coy.
Coy's absence from the courtroom yesterday
while the decision was being. delivered was
caused by sickness. For some reason unex-
planned his friends wished to keep this from
reaching the public. and Coy himself desired
that it should not be known. When inquiry
was made at the jail last evening for con-
frmation of the rumor the officers there denied
it, saying that the prisoner was we'll as
he had been since bis imprisonment.
But later one OF his friends said that he has
cold, contracted in the courtroom during the
argument, aud that the Jail physician thinks he
is threatened with pneumonia Last night his
pulse beat high and he was at times Eighty.
The decision. it is thought, has affected him
and Bernhamer more than they wish
known. The latter sat in the
Jail office at $50 o'clock last evening
wanting see one of his family before being
locked up for the night. The bars had already
been locked against Coy. Bernhamer would
say nothing regarding the decision, and spoke of
the coming proceedings in habeas corpus case
as II the matter already settled. He did
cot appear TO have much hope, and has about
made up his mind. as has Coy, to 60 to Michi-
gan City.
But the habeas corpus proceedings are to be
carried to the end. says Judge McNutt The
Gresham just soon the Harlan decision
was delivered. 1t is inferred j. g. McNutt and
on Snnasv sna the 70 fora e shs h
fore last, have submitted their appli-
cation, as Judge McNutt received
telegram last night to come there. District At
torney Sellers, who was in Monticello yester.
day. has been notified of the pending applica-
ton, which will doubt be taken up this
morning. This proceeding is brought under the
United States statute which gives any federal
judge the power to hear habeas corpus appis
cations. and especially under the act of 1885,
authorizing appeals in cases of that kind from
the Circuit Court to the Supreme Court of the
United States. 1t is also provided for a begin
ming Of the proceedings before the circuit
prisoners are. Another section gives the
Supreme Court the power to adopt rules govern
ing the mode of appeal. At the October term.
1855, that court promulgated Rule 81, which
says that pending an appeal in habea corpus
from the final decision of any court or judge do
Ginning to grant the writ of habeas corpus. the
turbed. II Judge Gresham declines to grant
the writ Coy and Berhamer must remain in GUS
tody. There is suggested in this connection
whether the custody will be that of the peniten-
tiary officials or the marshal awaiting the out
come of the Supreme Court Under another
paragraph of the rule it is provided that pend
ing an appeal from the final decision OF any
court judge discharging the writ after
it has been issued the prisoner shall
be remanded to the custody from which he
was taken by the writ, shall for good cause
shown be detained in the custody of the court or
judge be enlarged upon recoenizance
hereinafter provided. Under this provision, if
Judge Gresham brings the prisoners into court
and then. after hearing the case on it's merits,
discharges the writ. they remain in custody
of the court to be released on bail. third par
agraph states that il appeal is taken from
the judge discharging a prisoner, he shall be
enlarged upon recognizance with surety for
appearance to answer the judgment of the APP
pellate court. except where for special reasons
sureties ought not to be required This prevails
only where the government appeals
However, the prisoners will probably go to
the penitentiary to-day. unless Coys condition
is such to give both of them further delay,
until the habeas corpus question is disposed of.
AS far as the record Of Judgment is
concerned, they in the penitentiary now,
their being held here by the marshal was
only a matter of convenience to them, granted
the oral consent of Judge Woods. and after
wards by Justice Harlan. Yet news from Chi
cago this morning may possibly defer their i'm
prisonment in the penitentiarY for few days.