The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-04

1ecte6 their condition. 1t is not even ayerred
tnst IL had this effect The sfidavits do not
tel VINO the jurors were who took the drinks
DIT. stein, the deputy in charge OF the jury,
says that ne does not know of any juror taking
crink, and did not see any evidences that
there bad been drinking done. When the jury
were brought into court there were no evil
nences that any OF them had been drinking. l
do not think this verdict ought to be disturbed
verdict affected by il. My conclusion is,
that it was not; all the other questions
raised, to the admission refusal to admit
cersain testimony, they have all been considered
By the court, AS Judge McNutt suggests, and
there seems 10 be no reason for a change OF
opinion. Now as TO these afidavits: The gem
eral rule, weIIestabl1shed is. that afidsvirs of
jurors parties TO whom they made state
ments not be received as attacking a YER
dict The motion to strike them out, TO this
extent, ought to be sustained, but il is just
well to have these affidavits in the record IN
of an appeal. Tais court holds that this is
not properly the case, but pro lorna, refuses to
order them stricken out. My conclusion. there
fore. is that the motion for new trial De over
ruled
Judge MeNutt said he wanted to make
formal motion IN arrest OF Judgment but. his
replying TO the courts inquiry that he had no
argument to support It; Sndge WOODS o t
thirty days in which to prepare and file a bill of
exceptions This request the court granted, as
q matter of course, continuing with the sugges-
ton, Now, if the defendants have anything to
say why sentence should not be pronounced. l
will hear them Both Coy and Bernhamer
pl1oQ tnab I10y nau nOLy Cno latter crossing the
room ut the time to take his place
by the side of Coy. Judge Woods then said
il was always embarrassing to pass sentence
a fellow man, but it was especially in this
case. which outside OF all ordinary
perience. They were convicted OF crime the
magnitude of which cannot be sxa ggeratsd II
desire, said the judge. ito assess such penalty
will make future trials of this kind unneces
airy. am certain 1 have no ill-will against
either OF these defendants and If consistent with
public interests would rather say to both of
them go than to stay. l shall not enlarge
the subject. i understand that Mr.. Bernhamer
is man of considerable property. Is that SO.
notl"
at was the case before this prosecution, your
Honor" replied the prisoner addressed, but
my entire property has almost melted away this
Against Bernbamer," continued the judge
'the judgment will be that he pay fine of
$1,000 and be imprisoned for period of one
year in the State Prison North. Against Coy
man without property that his fine be $780,
and that he DO imprisoned in the State Prison
North for a period OF eighteen months. The
marshal will take charge of the prisoners"
Following the sentence the attention Of the
large crowd was conferred upon Coy and Bern
hamer. both Of whom tried TO appear undis-
turbed. When questioned az 10 what they
thought OF the sentence both replied, 1T is all
right"
In answering the attorneys who asked for
suspension of sentence until a bill of exceptions
could be prepared Judge Woods said: my own
Judgment is tnat this sentence ought not to be
suspended, for there never was a case
to my knowledge in which the guilt
OF the accused more clearly established
than this, and that too, without the evidences that
will give you fair chance. / will direct the
marshal not To execute the sentence before Mon
day. That will give Won ample time to apply to
the appeilate court for stay OF proceedings.
In The meantime the defendants will remain in
the custody OF the marshal, who will be respon-
sibe for their safe keeping"
The crowd then began to dispense, while Coy
and Bernhamer stood for moment in its midst
as If not knowing what to do. Coy. recovering
his self-possession. started briskly out into the
hall, unattended by anyone, except as he met
friends and acquaintance by chance, as he con-
tinusd downstairs to the marshals Office. Then
Bernnamer joined him. saving he came in,
Where is my coIleague7" He and Coy laughed
mt the remark, and then the latter said. ''When
man knows he is not guilty of what he is
charged with. no can go TO- prison with
good, clear conscience, and that's my fix ex
acty.S The prisoners remained in the marshal's
Office for n f. w minutes, after which they were
placed In the keeping Of Deputy Marshal Charles
Taylor, who took them, avoiding the crowded
walks of Washington street. down Pennsylvania
street to Maryland, and thence to the Grand
, Hotel, where they had dinner. After dinner
they went to rooms 81 and SO in that hotel,
which Coy and the attorneys have occupied since
sracs Tas fos nsns
with Judge McNutt and his son. who were
gagged in looking up aut liberties to guide them in
their future proceedings Now and then friends
of the sentenced men would drop in and the
versation would become general relative to the
incidents of the trial. A bell-boy came in
him in the parlors. As he left the
without asking permission from the deputy
marshal, that official cast look at him, but
said nothing. In ten minutes Coy returned and
for the first time since the trial began, showed
anger He said hotly that he an innocent
man, and iutimated that the trial and every thing
preceding IL belonged TO system of persecution
Bernhamer, with his coat off, sat at table
telling incidents of his career, referring to
what he had done in the way of business since
coming to Indianapolis twenty years ago. Short
ly after this his wife. sister and aunt called, and
for an hour he was in their company.
John W. Kern and A. g. Smith, the other at-
torneys In the case, went to Chicago WednsS-
day evening to look after affairs at that end of
the line. At n late hour last night salts
factory Information had been received from
them, and it was said that they had as yet been
unable to reach Judge Gresham. The first step
will be to apply for a stay Of proceed
ings. IL this is granted, Judge Gresham,
or the circuit Justice if the case is referred co
him. can release the prisoners on bond until the
case, on a writ OF error has been reviewed by
either the judge the justice. If the stay IS
refused, or il the motion therefor is not heard
before Monday, then the two men will be taken
nt once to Michigan City. After that the grant
ing of stay Of proceedings lead to their
release bond, but otherwise they
must remain in the penitentiary awaiting
the affirmation Of the proceedings, the granting
of new trial or q reversal of the verdict by the
appellate court. AS to the writ of error, il
issues order to the lower court to send mp
the record for review. but it does not necessa-
rily carry with it a stay of proceedings.
Last night the prisoners, still under guard,
but with their attorneys, were assisting In pre-
pairing papers that are to be sent to Chicago to-
day. They remained at the hotel all night.
AS TO the sentence there was criticism
among the people about its being too light. 1t
seemed to meet the public wish, but while there
wGs q great deal OF talk concerning It,
showed any particular elation. except that the
result of the trial and conviction would for
many years and perhaps forever deter others
from repeating the crime The people general
ly regard 10 as assuring pure and honest cleo
tons.
Coy and Bernhamer both retired at IL o'clock
last night and left word that they should not be
disturbed, no matter what news came. After the
news of Judge Gresham's refusal to interfere
with the verdict had been received from Chi
eago q Journal reporter called at the hotel but
the order left with the clerk was that neither
the convicted men nor their attorneys could be
seen. They were. however probably aware of
what had been done, they were in direct COM
municaton with the attorneys in Chicago all
evening