The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-07
STILL HELD IN SUSPENSE
The Convicted Conspirators Receive No
Definite News from Washington.
Justice Harlan, However, Will Pass on Their
Case To- Day-Warden Patten Strongly APP
proves the Sentence of the Conspirators.


the proceedings at Washington in regard 30
their case. it Is not OF such = character as to
make them sanguine of success ia keeping out
of the penitentiary. It is possible they may
have a few days more in indianapolis. but be-
yond that neither they nor their friends count
with any degree of certainty on escaping the
fulfllment of their sentence Bernhamer said
yesterday afternoon. in reply to friend who
visited him at the Grand Hotel, 1--WE think we
have made a small hole in the case but cannot
say how the matter will result" At time
during the trial. or since its
close. Coy less cheerful or
more thoughtful than yesterday. He
received everybody who called with his custo-
mary goodfelowship, but after that he would
relapse into silence, breaking it occasionally
with some brief reference TO what the visitors
in his room might at the time be talking about.
IL observable that the suspense was wear
ing and his apprehensions greater than he would
like to have one think. Both he and Bernhanier
would now and then want consultations with
confidential friends, when privacy would have
to be sought III another room, as there was con-
stant going and coming of visitors in the rooms
occupied by the prisoners and the deputy mar
sha1s. Bernhamers family had adjoining
room and there the most of his callers gathered.
whether they will be taken to the Northern
prison to-day depends altogether the word
that's to come from Washington, as indicated in
the telegram Judge Woods received from JUS
tice Harlan yesterday, reading:
In Coy and Bernhamer case defendants have just
applied to for writ of suggest that execu-
cution of Judgment be suspended until / look into
papers to-day. Win telegraph you tomorrow.
If today's telegram is favorable to further
brief delay in the hearing of the application,
A.. ~
formation is otherwise Coy and BernhAmer
must at once go to Michigan City. Coy. how
ever. thinks there is encouragement in
the Harlan message, and even if the Justice
does refuse the writ the prisoners rely upon
their last resource. an application for writ of
habeas corpus In this is foreshadowed
the purposes of their attorneys. If
the writ of error is finally granted.
it NAV not be until Justice Harlan
has the full record of tho trial before him,
which, it is supposed. defendants attorneys did
not carry to Washington, although the govern
ment regards that record sine qua non of
the proceedings. Tt will take, they say at the
clerks Office of the United States Court. two
weeks to prepare these papers. That they are
essential is shown il the section applying to
writs of error. which provides that year
after the end of tho term at which sentence was
may petition for a writ Of error ]
from the Judgment Of the District
Court, to be presented to the judge or justice in
term or vacation. In consideration of the inn
portance and difficulty of the questions presented
In the record, the judge or Justice may allow
such writ, and he may order it to operate as a
stay of proceedings. Unless the stay is especial
ly ordered, the writ can issue without keeping
the men from beginning their sentence. but in
any the record OF the trial must be
presented to the judge or justice to whom an
plication is made before thu matter can be final
1y determined.
It is now stated that it was absence of DO
~ T,.I~
hear the application for the writ made to him
Friday last. He was willing to hear the eues-a
tons had they come to him with the papers
Kern and Smith that they had better 60 to the
Supreme Court at once, it ia understood he al
lowed them to withdraw their application. Had
the government objected to this withdrawal,
Judge Gresham, it is represented, would have
taken the matter ND, and decided against the
prisoners, the questions before him would
have been the Messick telegram and the charge
that two of the jurors had drunk Intoxicating
liquors Before Justice Harlan the application
for writ of will involve nothing more
than the same features. But il the writis
fused the habeas corpus proceedings will proba-
bly, follow, which viii take the CAGE before the
Supreme Bench, but this can be done only on
an issue as to jurisdiction. 1t was suggested
yesterday that Justice Harlan's probable action
to-day. in order to give the prisoners the bere- 4
fit OF every reasonable doubt will set the case
for speedy hearing In this city. and in the mean
time admit the prisoners to bail, but one
well informed to the record of the trial be-
lieve that the prisoners will obtain q reversal of
the judgment
Green Smith hid, on his return from Chica-
go, that Judge g. esham told Mr. Kern the pris-
oners' attorneys here could go to Judge Woods
and use his name in applying for a stay of pro-
ceedings Judge Woods says request of that
kind, supported by Judge Gresham's name. was
made to him. Smith, Kern and Judge Gresham,
it is said by Others did not know. when the tel
gram recommending application for stay was
sent that Judge Woods had already overruled
the motion for stay of Judgment
In the hearing before Justice Harlan. il it
takes place in Washington. it Is understood Jo-
seph E. Mcdonald. Senator Voohees. W. D. By
mum and Judge Turpie will appear for the pris-
onefs.
Warden Patten Approves the Sentence.
Warden Patten of tho Southern prison, when
asked last night at the Bates House what the
current talk was in his part of the State re-
garding the conviction of the election conspira-
tors, said there was little feeling manifested
toward the prosecution by certain partsans. but
it did not amount to much MY own opinion
is" he continued. that the perpetrators of any
kind of election frauds should be severely pun
ished. ] believe this conviction is the entering