The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-06-20

The expectation OF the Collins and
thelr attorneys was realized Wednesday
morning and writ OF error and super
Uedeas was granted the defendants In the
celebrated bank trial by Justice Harlan
OF the supreme court OF the United
States. sitting IN chambers In Chicago.
by the action Of the superior Judge
Francis A. and Pereival b. Coffin are
entitled 20 their immediate release from
the northern penltentiary upon bonds In
the sum OF $4,000 and $4,000. respective
ly, pending the decision OF the supreme
court upon the strict legality and fair
ness Of the trial before Judge Baker.
which sent them 20 the penitentary. III
the supreme court. after examining the
record OF the proceedings in the lower
rourt, finds that the indictment was
sufficient and that the defendants had
fair and impartial trial under the in
dictment, they will order the Collins back
60 the penitentiary 10 serve out their
sentences OF ten and five years. crediting
them with the nine days already served.
Should the supreme court ind error IN
the proceedings which prevented the de-
PENDANTS from having a fair and Impair
tial trial, new trial will be ordered be-
Tore Judge Baker. Should the court hold
that the indictment was insufficient and
did not cover the transactions alleged 70
be criminal, the defendants will be re-
leased.
before Justice Harlan.
Justice Harlan was waiting in his
rooms Wednesday morning at $50 O'Clock
for Messrs. Miller. Winter and Kern,
who came In together. There was but a
moments delay. when Mr. Miller arose
and made his formal motion for a writ
Of error and supersedeas He entered
into the details Of the case at some
length, setting forth the parts OF the
proceedings in which II was thought err
Tor prejudicial TO the interests OF the de-
PENDANTS had been made, when the court
asked as 20 what especial errors were
relied upon. Mr.. Miller replied that
there were many, including the indict-
ment the rulings OF the lower court upon
the evidence and the instructions TO the
jury.
Justice Harlan asked Mr.. Kern. who
represented the government. as 10
whether he contended that no question
OF law arose in the record. to which Mr.
Kern replied that ne could not say that;
what he did hold was that there was no
vital error. though there might be suffi-
Gent upon which TO base an argument.
There seemed 10 the government no
tenable grounds upon which to estab-
lsh the application.
The court asked the pointed question
as TO whether the application was mere
" a sham upon the part Of the defend
ants TO secure temporary release from
prison. or whether there really existed
room for doubt as TO the legality Of the
proceedings in the lower court. Mr..
Kern replied that he would not say but
that there did exist room for doubt, as
ne did not want TO cast any imputatiOns
upon the attorneys for the defense.
This question Of the court. which was
only put from a standpoint Of precau-
ton. somewhat angered Mr.. Miller. who
vigorously broke in with the assertion
that there was not a good count in the
Indictment. the lower court had
strongly minated himself during the
trial of the case.
The justice merely intimated that as
such motions were usually granted al
most as a matter of right where any
question arose as TO the fairness Of the
trial. it was the duty Of the upper court
TO be sure that there was Just cause
for doubt. He intended to cast no i'm
PutatiOns. Unless AIr. Kern was pre-
pared to say that there was no ground
whatever for doubt as to the perfect
legality Of the proceedings in the lower
court he would decide the motion al
once. Mr.. Kern replied that he could
not say that and would make no such
contention. and the court asked for the
bill Of exceptions.
Amount of Bail.
The only matter TO be settled was the
amount Of bail. The justice said II
should not be lower than that imposed
by the lower court after the verdict Mr.
Kern contended for a large sum, while
Mr.. Miller thought a much smaller. sum
would be ample. He suggested $4,000
and S. 600
Mr.. Kern remarked that the defend
nj oh
high intelligence and great personal
pride, the insinuation being that there
would therefore be more liability Of the
bond being forfeited. This angered Mr.
Miller again He, in heated words, re-
lated the Stannard-ArmstrOng incident
and pointed 10 that as proof that the
Collins were not liable to fee the coun-
try. Continuing, he became more vigor-
Gus and said:
These men were running the biggest
cabinet-malking concern in the country
They needed immense capital. They Dor
rOwed more money than they should have
done; there is no doubt about that They
expected to pay it back: there is no
doubt about that. Their debt 10 the
bank was about all they owed. The chief
crime alleged against these men, their
principal wrong-doing. IS that they Dor
row too much money. The entire assets
OF their company are in the hands Of the
receiver Of the bank vet the president
the funds of this bank $500, 900, for out
side interests in which they were en-
gagged, and the assets Of those interested
will not amount to $4,000; yet our clients.
or one Of them. is given ten years for
aiding and abetting the president in the
alleged misuse Of the funds, while that
same president is given but six years.
not only for his part in our transac tions.
but for his general part in all the trans
actions that brought the institution TO
ruin
Mr. Kern replied with the statement
that he was simply endeavoring to ex-
press the wishes Of the court below as
r. the amount of the bail whereuDon
Justice Harlan, without further prelim-
inary, decided the case as follows:
TIE petition is granted. Let the writ
Of error issue. and let it operate as a
superSedeas. Let F. a. Coffin give bonds
in S25 900 and Percival Coffin in SO. 500 -
Thanked the Court.
Mr.. Miller thanked the court and
Charles II. Coffin, a brother of the de-
PENDANTS. who was present, smiled his
satisfaction. The necessary order to the
lower court was filed out in the hand
writing Of the justice himself and Mr.
Miller put the paper in his pocket
The signing Of the bond will take but
few minutes and then If the sureties
are acceptable 10 the marshal, he will
so signify and the Collins viii walk from
the Office free men until the case has
been decided by the supreme court.
An aTrqn g1rnonf has been made will