The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-08
a FEW DAYS MORE OF DELAY
Justice Harlan Will Hear the Petition OF
the Conspirators on Feb. 20.
In the Meantime They Must Remain in the
Custody fthe United States Marshal, VINO
Has Taken Them to the County Jail

And Beruhamer, under guard at the Grano
Hotel although their particular friends and the
politicians who still have faith in the little boss
of Marion County Democracy came and went
from the prisoners rooms as they had done on
preceding days These were minutes or anxious
suspense for the prisoners and unsatished long
ing for their friends as each moment passed
without word from Washington. While every
one in the room seemingly counted on an order
that would put the penitentiary at least a few
DAYS further off, Coy and Bernhamer were pre-
pairing for the worst Their traps were gath
cred together ready to be taken at a. minutes
notice on the trip to Michigan City. AS long as
there was time to take direct train to that
point the cloud Of doubt hung over them, but
when the half hour before noon began to lessen,
che prisoners recovered in part their APP
parent cheerfulness Knowing then there
was to be no journey north that day.
they began to hold tenaciously to the
hope that writ of error would be granted.
although they had grounds to expect imme-
date final action. But whatever was done out
side Of a refusal to grant the writ meant delay.
and that was of value, as they thought
there would, in that event. be order to re-
lease them on bail, or If not that, they could re-
main prisoners at the Grand Hotel, with con-
themselves the representatives of Indiana De-
mocracy and it's opinion in regard to the trial,
verdict and sentence. imprisonment under
those considerations would be light and they
could afford to wait days and days il necessary
the final decision of Justice Harlan.
At the federal building there was perhaps as
much anxiety to hear from the Justice there
was at the hotel but it was relieved from an ex-
pectation as to possible release OF the prison
srs on bond q reversal of the
Judgment The afternoon before a
telegram from Justice Harlan indicated what
the action of yesterday would probably be- He
made inquiries in regard to the record OF the
trial, which the prisoners attorney at washing
ton had failed to submit with their application
for writ OF error. These inquiries were I'M
derstood to mean that the record was essential
in review of the case before the application
could be passed upon. Nobody thought, beyond
the bare possibilityisuch thing might occur.
that the prisoners would be taken to the peni-
Tertiary before to-day. 1t was this possibility
what would be done. Nothing definite could be
told until 1:30 o'clock, when the following tele
gram was received
Hon William A. Woods;
The statute seems to provide that allowance
fusa of writ should depend Importance and diff
cuty of questions presented in the record of trial
As it appears that the defendants have had suf
cent time to obtain full Transcripts of the record the
hearing OF application for writ Of set for the
TO the Oath, upon notice from In the meantime
have the marshal keep the prisoners in custody The
defendants being in the custody under sentence do
not think bond be taken. pending application for
writ. JOHN NJ HARLAN, Circuit jus tice-
This left nothing to be fulfilled until the date
mentioned. This order is in effect continu-
ance of the hearing until the record can be COM
pleted. made it was thought by the officials. at
the request OF the prisoners attorneys. 1t gives
them until Monday after next to prepare their
papers required, but to the disappointment Of
the prisoners themselves leaves them in the Gus
tody of the marshal Shortly after the telegram
came, Marshal Hawkins went to the Grand Ho-
tel and told Coy and Bernhamer what the tele-
gram contained, but they had received like in
formation from their attorneys at Washington.
The marshal promptly decided that the men
hamer demurred, but for moment they realized
that with what little encouragement they might
they did not expect Both felt that
the was tightening its grip
them ami that il was no time
wife and sister were with him at the time. but
the prisoners were taken out OF their presence
into adjoining room, and told they must GO
to jail Previous TO this Deputy Marshal Stein
was busy getting their effects together which
caused Coy and Bernhamer to express
curiosity as to what was to take place. The
where, but not to the northern prison. The
prisoners seemed relieved until the jail was
mentioned as their stopping place until final
hearing was had on their application to the JUS
tice.
Shortly before o'clock Marshal Hawkins, in
charge of Coy, his deputy, Stein, having the
custody of Bernhamer, and John w. Kern. the
attorney walking with the first two, went to
the jail where the two prisoners were registered
and left in the care of turnkey Clarke. They
were allowed to remain in the turkeys Office
most of the time, as few of their friends, one
by one, soon followed them to the jail Coy
made himself at home, although now and then
he wonld let go bitter remark, showing that
be did not relish the turn affairs had taken.
Bernhamer sat IN the outer room, smoking and
talking about everything else but his case
After while his wife and sister came to see him.
and then the three separated from the group
that almost crowded the small room.
II is not thought the prisoners attorneys will
rpply for writ of habeas corpus until after the
application for writ OF error 10 decided. By
doing that they may think to get more time, but
the opinion prevails among those who ought to
know that the decision in regard to the writ of
ror If IL is adverse to the prisoners. will settle the
matter entirely. The present proceedings are
costly. and those attending attempt to secure
y release by habeas corpus would largely in
crease the expenses. So far, il is said, money |
has been contributed by persons who expect to
be candidates this fall. but this resource cannot
always hold out 1t is already believed that |
Is gone the men can no longer fight the law |
and will have to 60 to the penitentiary. If a |
writ of habeas corpus is applied for, it will |
bring up the question Of jurisdiction before the |
full bench of the Supreme Court, q matter |
that has been decided by Justice Harlan
Green Smiths pretended statements in regard
10 what Judge Gresham told him and John
Kern have been denied by the Judge in q private
letter to Judge Woods. Mr.. Kern adds his tes-
tlmony 10 what he calls the incorrectness of
Smiths statements He says Judge Gresham
neither criticised Judge Woods's action. or rul-
ngs. nor did he authorize the use of his name
Dy the prisoners attorneys in applying to Judge
Woods for stay of proceedings Mr.. Kern did
aot understand anything of the kind was meant
by Judge Gresham. who only asked them If
Judge Woods had or had not suspended SEN
ence.
MIR. McNntt L. Well Satisfied.
pecial TO the Indianaootis journal
WASHINGTON, Feb. MIR. J. G. McNutt,
rho was assisted by ex-Congressman Lamb in