The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-06-06
AyENGlNG The LAW.
Frank A. Coffin Receives n Ten-Year
Sentence.

| Calm perfectly self-possessed and ap-
| parently unmoved. Francis A. Coffin. ex-
president of the indianapolis cabinet
company. arose in the federal court
room Monday morning a few minutes
before the noon hour and was sentenced
to the penitentiary for the period Of ten
years.
The wonderful nerve OF the man was
| never made so apparent as during the
! few minutes that he faced the court and
the crowded room while listening 70 the
/ re6uke of the judge that prefaced MS
| sentence. His hand toyed somewhat ner-
/ vously with a newspaper he held in his
I hand but his face was immovable as he
Z 'eaned carelessly against the table with
/ lie foot thrown across the other In re-
/ ply to the question of the court as 10
/ whether he had anything TO say why
sentence should not be imposed he an
! swered quietly in the negative and at
! the conclusion Of the remarks OF the
| court he sat down. There were dark
| rings under his eyes that told. OF a nerv-
Gus strain and high tension, but no &C
ton of his indicated that there was any
weakness When he is again free the
| nineteenth century will have faded into
history and he will be a middle-aged
man. There is no question that he
appreciated this. but there was no out
ward evidence of IT,
Five minutes before Percival B. Coffin
had arisen on the other side Of the table
and with a smile upon his face received
his sentence Of five years in the peniten-
tiary He did not seem TO appreciate
the true meaning and consequences Of
the sentence. He was not nervous. but
nd a
restrained smile while he faced the
court.
The only emotion expressed or that
was made visible during the tragic
scene was by Albert S. Reed. AS he
arose, the first Of the three. he trembled
visibly throughout his whole body and
as he heard the commissioning words OF
the court exempting him from blame or
criminal intent he choked up. his eyes
filed with tears, and IL was with the
greatest difficulty that he kept from
breaking down completely. As he bowed
in thankfulneSs TO the court Tor freeing
him the tears were rolling down his
cheeks. 1t was the termination Of weeks
and months Of nervous tension.
None of the defendants was surprised
! at the final action Of the court with the
exception of Percival Coffin. He had
expected 10 be sentenced for seven years
and was overjoyed at receiving a lighter
| sentence. Albert s. Reed mad expected
pected to receive the limit Of the law.
The Sentinel had so stated the action OF
the court a week ago and a half-dozen
times since. The sentences were the
same as predicted and the defendants
we're prepared.
The final passage Of sentence upon the
Collins was not the only event OF a
dramatic nature that occurred in the
courtroom during the morning. For sew
eral minutes Mr.. Miller poured out
against the attorneys for the govern
ment all the strength OF his biting sar-
casm, and so intense were his remarks.
addressed not only at the attorneys for
the government but at the court him
self. that considerable suppressed eX-
element was caused throughout the
room.
II had been agreed between the coun-
sci for the defense and the court, in the
presence of attorneys for the government
on the day the charge Of the court was
| delivered 10 the jury. that arguments on
the exceptions TO the Instructions be
heard one week from that day, when a
motion for new trial should be argued.
Counsel for the defense had, a few hours
after the jury went out, submitted 10
the court a coDv of the instructions
marked where they desired to take eN-
ceptions and il had been mutually agreed
that the exceptions should be argued in
one week. After Mr. Miller completed
his argument on the exceptions 10 the
instructions Mr.. Burke read law 70 the
effect that IL was too late TO interpOse
anv objections to the Instructions as
they should have been made and argued
while the Jury was in the courtroom
and before a verdict was rendered. Mr..
Miller denounced this as an attempt 10
grossly violate ar agreement entered
into by the government with the defense
and to which the court was a party.
Hot words passed back and forth and II
was evident that the court was embar-
raised. It was finally postponed by
him. however, with the remark that IL
would receive due consideration before
being passed upon and before the bill OF
exceptions was made up. Mr.. Miller was
very angry at the action taken by Mr..
Burke and regarded II as a breach Of
faith and professional honor.
one Of the most significant facts thai
cropped out during the argument was
the virtual Acknowledgement OF the
court that there had been some errors
made during the trial, but he did not
regard them Of sufficient Importance 70
order a new trial Counsel for the de-
tense considered them sufficiently vital
to secure a new trial from the supreme
court The court held the point raised
by the defense that the government
should be compelled to elect some spe-
ci1c transaction in each Of the general
counts to be good and sustained a mo-
ton in arrest of judgment on all Of the
general counts Of the Indictment. The
defendants were sentenced upon the spe-
cific counts and those relating 10 false
entries only. It was also thought by
the attorneys for the defense that the
holding of Judge Baker that the burden
OF proof does sometimes shift in a crimi-
nal trial is Numerically opposed 10 the
law and that this alone will secure re-
versal. Judge Baker acknowledged Mon
day that if ne had used words 10 give
the jury that impression he was at
fault.
No supersedeas was produced Mon
day by the attorneys for the defense
and the Collins were ordered 10 the
penitentiary. True. the granting Of a
suPersedeas prior to a sentence would
have been a breach Of court etiquet but
the personal relations that are at pres
ent existing between Mr.. Miller and
Judge Baker are so strained that II a
writ Of supersedeaS could have been Sc
cured 1t would have been produced. tu-
dicial etiquet to the contrary nOtwith-
standing
Monday night the Collins slept in the
United States ward of the county jail
and were taken to the Michigan City
prison Monday afternoon by Deputy Mar
shall John Foley