The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-07
PeffiSD ryGOOdSCO
ARE HARD AT WORK
COFFINs' ATTORNEYS TRYING TO
SECURE THEIR RELEASE.
Judge Baker Asked to Sign q Bill of
Exceptions, but Takes Over
Night to Examine 1t.

While the two Collins are making efforts
to adapt themselves to prison life, their at
torneys are active in pushing forward the
legal fight to give them their temporary
liberty. The bill of exceptions was pre-
scented TO Judge Baker yesterday with a
request that he sign ii. The attorneys
urged that it be signed Immediately, that 1t
might be sent to Chicago forthwith for
submission to Justice Harlan. Judge Baker
declined to sign it yesterday afternoon, and
there was some sharp argument between
the counsel for the defense and the court.
Judge Baker positively refused to sign the
bill until he had had an opportunity to ex-
anime it carefully, and said he would take
it to his room last night and make the ex-
animation The defendants counsel had in
corporated in the bill certain objections
which the court did not think properly be-
longed there. In the argument the same
question was raised which was so sharply
argued on last Monday morning when the
Collins received their sentences. This is
the question as to whether the
court had the power to permit
the defense to enter of record,
as made before the retirement of the jury,
exceptions to the instructions to the jury
which were, as a matter Of fact, not made
till a short time before the jury came into
Inc room; after For having nrsr dellbb oI Upon u1on
Baker says If the bill Of exceptions were
drawn showing that this agreement was
made IL would not be considered by the
Supreme Court. The rules of this court
are positive and require the objections to
the instructions to be made before the jury
has been withdrawn. The defense In the
case, relying upon the agreement that the
objections could be made at a later time
than that required by the rule, did not in
sist that the jury be not permitted to re-
tire until counsel had time to examine the
tons TO the instructions are not properly
I'm the record Ii will materially lessen the
chances OF the men for securing a new
trial, and their attorneys are making an
almost -superhuman effort to save these
exceptions. The bill, in some shape or
other, will probably be signed within a few
days and sent TO Chicago for the consider
alton of Justice Harlan.
Theodore Z. aughe will be sentenced
at 3 O'Clock this morning, in chambers, by
Judge Baker. After sentence has been
passed he viii be taken 10 the Prison North
upon the first train which departs after
that time. Upon his arrival AT the prison
he will be given a room in the hospital. He
will have a room about 10xS feet The hos
pital has its separate kitchen and dining
room. and Mr.. Haughey will not be re-
tquired to march in the lockstep with the
other prisoners, and will not be required
to do any labor. If Marshal Hawkins is
In the city this morning the request of
Haughey that the marshal take him to the
prison win be granted. IL that official is
held by the strike troubles. and not able to
get back. the prisoner will probably be
Chief Deputy John Foley, who had f. A.
Coffin in charge on the trim TlIeSdav.