The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-29
After Being Out Twenty-Four Hours,
the Federal Jury Returns Verdict.
Coy and Bernhamer Are Found Guilty of Con-
spiracy, but Matter Is Acquitted-The
Convicted Defendants Released on Bail.
Judge Gresham Will at Once BE Asked
to Grant Them q New Trial.
How the Jury Stood During It's Deliberations
Outrageous Assault Upon Judge Clay
pool by John E. Sullivan.
WAITING FOR A VERDICT.
wearisoune Delay of the Jury In Reaching
an Agreement.

WA1AANU Eon a vLADAOA.
wearisoune Delay of the Jury In Reaching
an Agreement
There was a wearisome waiting for verdict
or disagreement yesterday from the jury con-
sidsring the cases of Coy. Bernhamer and Mat
tier, the defendants in the election conspiracy
trial. Ordinarily when iuries out more than
two or three hours the superstition tends to ac-
ouittal or disagreement. and the hopes of the
defendants involved in the deliberations became
correspondingly elated as hour after hour passed
without word from the srbiters OF their fate
Apparently this was true of the defendants Coy,
Bernhamer and Matter, who, the greater part
of the day, remained about the government
building. Coy and Bernhamer rarely left
the marshai's Office. When they did. it
was to 60 up stairs to the assistant
district attorneys room, where sat reporters
and others, patiently noting the time. and
listening anxiousy for some word from the
twelve jurors. A knock on the large doors of
the courtroom whore the jury deliberared was
sure to excite expectancy, and cause looks of in
quiry to be turned to Deputy United States
Marshal Stein returning from answering the
summons Nothing new the invariable
answer from the sphinx like deputy, and again
the waiting four, five or six per-
sons IL the assistant district attorneys
Office, their number essened or
increased as time passed. would settle them
selves to recall incidents of the trial. Down
stairs in Judge Woodss room there were through
out the day citizens dropping in to get what
bits of information they could. Occasionally
friend OF one more of the defendants would
appear. but always to learn that the jury was
still out In the marshal's Office another
crowd. and here, TOO, the information
meager.
AS the day wore on the people along the
streets returning to their homes, or some
business errand. would stop to inquire if YER
dict had been reached Usually the inforna-
tion that it had not would be received with
some such lark this: "Wel. it was what
exps:ted. There will bo no agreement" In the
speculation, too, of the groups waiting in the
various Offices this belief played prominent
part. No one hazarded an opinion or an agree
ment, whether he looked for it not. Outside
rumor took mp the case and gave what little
novelty there was to the eventless day. Some
said that all the jurors but two
had voted to convict, and yet others gave
rency that acquittal was not far off. but from
none could a responsible statement be had
The jury room remained impenetrabls to all but
Deputy Marshal Stein, who, as bailiff, had it's
occupants IN cnarg0 Even ne could learn moth
ing, his visits to the room were always on sum-
mons from the jurors, and when he appeared all
consideration of the ceased until his eIrand
had been discharged BY some means there
was leakage of reliable information that said
the jury stood eight to four against the defend
ants. but whether on the question
OF conspiracy or the guilt of any
one or all of the three, would say. Specu-
latye persons thought that the main question,
whether there was a conspiracy or not, had not
been decided. Others took different view,
and counted on conviction OF two of the
defendants, with the prolonged disagreement
curing on the last of the three. But, after all,
IL might have been the vote on Coy, leaving
Bernhamer and Matter for the present out of
the question, or that on Bernhamer, with the
question to Coy decided, which caused the
of the discussion and votes as far
as anyone knew. 1t seemed TO be accepted that
with the partisan feature out of the elaboration
there would De no difficulty in reaching ver-
dict.
About o'clock the jurors went to dinner re-
turning in hours time. 1t was relief for
them to get outdoors, and as the afternoons
morning. without sign of an early agreement
ir would seem the airing gave them new vgor
and determination TO hold out until one the
other side weakened. 1t was about $3.50 o'clock |
began to count on the probability of the jury |
being discharged before niehtfaL But this ex- |
pectation too surrendered when the judge
gave instructions to have the jurors supplied |
with cots and that IL they wanted him at |
hour in the evening he could be sum |
moned at his home. He then left the building, |
md directly after him the persons who had |
NAMED in the building the greater part of the |
lay.
1t was about noon one Of the attorneys for |
the defense said District Attorney Sellers |
hat he supposed the jury would be discharged |
Early, because it could not possibly agree. The |
district attorney thought differently. and re- |
marked that It would be kept together much
onger than the jury was on the former trial.
That will be outrage" exclaimed the de- |
attorney, "because the mother of one
If the jurors died this morning"
at is hard. know. reflected the District At
;crney, but that fact alone would be no justi-
ication for discharging the jurors until it was
,een that they could not possibly agree
The sad incident referred to is the death of
Juror Messicks mother. Last Saturday he re-
.eived q telegram that she likely to die |
nd that evening went home TO Messick Station |
Henry county. He returned Monday, and yes
erday heard that the aged mother died during
he morning.
Juror Dickinson, of Waterloo, became quite
II before day break, but during the day partially
recovered.
At Last They Agree.
Up to o'clock last evening the prospect Of
q m aiming ont all night was 80 clear that inrors