The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-19
FEW DAYS OF DELAY
Cabinet Company Case Continued
Till Tuesday by Judge Baker.
Defense Wants to Wait Till Mr.. Harris
Is Able to Be 0ut-Mr. Burke's
Objection.

O'Clock tuesday afternoon on account Of
the injury to a. c. Harris, OF the counsel
for the defense. At o'clock yesterday
morning the attorneys representing the in
terests Of the government were in the
court room awaiting to hear what re-
quests the defense had to make. AIessrs.
Miller Winter and Elan came in about 10
minutes past O'Clock. The counsel for
the defense and the governments attor-
neys withdrew from the room and were in
consultation for about a quarter OF an
hour. when they returned to the room.
The jury was instructed to retire while
counsel made their statements. Mr.. Win
ter first spoke for a continuance OF the
case. He said:
I'VE think a .postponement Of this case
for ten days will be necessary. We have
consulted with our clients, and they feel
from the besinning. and having syii si full know
edge OF the transfer and disposition Of
their property, which was made under his
advice, the case should not go on until he
can be here: We are not inclined TO take
the responsibility of going on without him
pioyed in this hr case 20 to "a assist Mr. Harris.
came into the case because of my having
familiarity with the accounts. and 1 have
tions., Mr.. Harris being relied upon TO
attend to that part Of the case; We move
allow Mr. Harris to be in attendance. This
will have the effect Of preventing any in
justice being done to the defendants"
Mr. Burke spoke for the government. He
said:
II assume they ask the postponement of
the case upon the ground of their unfamil
larlty with the facts pertaining TO the de-
Tense and
Mr.. Winter-I can say I do not even
know who are the witnesses in this case.
MIR. BURKE OBJECTS.
Mr.. Burke-I assume that to be true, 1
mill Il L.. IL
defense has been prepared by Mr.. Harris,
It would be hardly just and fair to the de-
Tense for them to be forced into this trial
without giving the associate counsel oppor-
tunity to make some preparation. But
there is another condition of affairs exist
ing now which did not exist at the time
of their employment. They know exactly
what they have 10 answer. The facts and
the line of conduct the government will
pursue TO sustain the allegations of the
Indictment have been disclosed. Now 1
think the counsel should have some time
TO prepare for the defense, but the con-
tinuation Of the hearing OF this cause ought
Mr.. Harris to be here. In the line of pro-
fessional courtesy 1 would extend every
opportunity to Mr.: Harris or any other
question of the recognition Of lawyers, but
whether the duty owe TO my client, the
Sed The e enee if for the Ga
cept the cross-examination of Mr.. Robin
son, is practically before the jury
ris can be here at the expiration Of ten
days to give us the advantage OF his
We simply want such delay as will give
us the benefit of Mr.. Harris's advice
Mr. kern.Iiow long will the cross-ex-
animation Of Mr. Robinson take?
Mr. Winter-The direct examination has
Mr. Kern-You would not need Mr.. Har-
rls IN that.
MATTER OF FORMER JEOPARDY.
Judge Baker-Such an unhappy &C.
currence as has taken place always pre-
sents difficulty in advising for the court as
well as for parties and for counsel. 1 know
it is impossible to predict just what will
be the condition of a man suffering from
a gunshot wound within ten days after that
wound has been inflicted, especially when
it IS attempted to form that opinion on
what may be known of the condition within
less than twenty-four hours after 1t has
been inflicted IL this were a civil cause l
should know what to do with it. i should
simply dismiss the Jury and continue the
cause until the counsel who had the re-
Sponsible mana cement Of it had ample time
was suffering. l don't feel that 1t would
be safe or prudent to do that in this sort
of case; not that / ANTICIPATED do not
That any gentleman connected with the de-
tense in this case would be disposed TO
raise any question of former jeopardy if
the jury were dismissed.
But the court knows from his own ex-
perience that 1t does not always happen
that counsel are able to control the acts
conduct of their clients. They cannot
be bound for their future good behavior,
consequently shall not dismiss the jury
nor shall indefinitely postpone the cause.
have seen Mr.. Harris and spent some time
with him conversing about this matter.
f0a have Xsp the 10 matter sGc9 t such reec
ment on yesterday. With a view of max
ing up my mind what ought to be done
PENDANTS fully and completely, and at the
same time properly safeguard the public
interests. I have concluded that will adj
Journ the 1urther nearing OF TINS matter
until 2 D. m. on next Tuesday. 1 will per-
NIT the jury to go home under careful in
structions as to their duty during the
separation.
CONTINUED TILL TUESDAY.
while this is not quite so much time
counsel for the defense have asked for.
in reviewing the matter and taking into
consideration the fact that the government
has fully exposed to the defendants and
their attorneys a great proportion Of the
evidence that it will have to offer and has
fully disclosed the theory Of the prosecution,
feel that all 1 ought to do is to give
sufficient time without making the inter-
ests OF the public dependent upon chances
OF recovery from the wound. 1 say to give
sufficient time to enable the defendants
and their attorneys 10 prepare fully and
fairly for the further trial of the cause.
In my judgment the time that I have in
dicated will be reasonably sufficient If coun-
sci bring 10 the facts that they have before
them the customary energy and industry
that they bestow on their causes and the
ability that they always evince in the
preparation and trial of their causes
The case was then continued till Tues
day and the jury instructed TO talk TO no
one. not even members of their own fami-
lies. about the case He said they were
dismissed and could return 10 their re-
spective homes. but they must report an
the court room promptly on the day and
hour set so as not 10 cause any delay In
resuming the trial OF the case. one of the
Jurors said he lived a long distance from
the city and wanted 10 know If he would
be required 10 pay his expenses on the
trip TO his home and return. Judge Baker
told him his expenses would be paid