The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-06
NEW TRIAL REFUSED
JUDGE BAKER WILL SENTENCE
FRANCIS A. COFFIN OCT. IA.
Exceptions Argued by His Attorney
Large Number of Divorces
Granted Yesterday.

Judge Baker, or the United States Court,
yesterday overruled the motion for a new
trial in the case of Francis A. Coffin, con-
victed of aiding and abetting in the misap-
plication OF the funds OF the indianapolis
National Bank. The defendant was not
sentenced.
The court room was pretty well filled
when the hour arrived for the argument on
the motion. At 2 o'clock neither the dis
trict attorney nor the counsel for the de-
Tense had put In an appearance. and Judge
Baker with some impotence instructed the
United States marshal to summon Mr..
Burke. Francis Coffin came in a little later
with attorneys Miller and Winter. Percival
Coffin came in soon afterward and took a
seat beside his brother. While the argu-
ment was in progress Francis Coffin re-
ceived a telegram which appeared to con-
tain news OF interest to the brothers and
they discussed it in whispers. Mr.. Miller
made the formal motion for a new trial,
reading from manuscript the long list of
exceptions on which the defendant based
his application.
I'VE hav not thought it worth while to
go into an extended argument" he said to
Judge Baker. We do not doubt thai your
Honor has already considered carefully the
instructions submitted by US. You, no doubt,
entertain a different view Of the law from
that taken by US and we should hardly hope
to change your opinion as to those views"
Mr.. Miller selected some of the more i'm
portant points set out in the exceptions
and discussed them briefly. Taking up the
sixth instruction he referred to the fourth
count of the Indictment, which charged
Theodore Haughey with the misapplication
of 5000 Of the banks funds, and the de-
PENDANT with aiding and abetting in the act.
Blu the count does not Charge" con-
tinued the attorney, that the money which
the defendant aided and abetted was the
same money which Theodore fiaIghey is
charged with misapplying.' The attorney
illustrated his point. by the story or the
theft of a horse in which A and Il were in
volved.
IF that were a motion to quash,' o5-
served the court, that Illustration would
strike me with great force"
Mr.. Miller next took up the charge of
overdrafts, in which the defendants coun-
sci had asked for specific instructions.
He charged that the court, in delivering
his instructions, had coupled the matter
of the overdrafts with other questions that
confused the jury. They were led to sup
pose that they must consider some things
that they should not have considered.
You introduce matters" proceeded Mr..
Miller, with whb.h the jury had nothing
IN III Il W w. " ohO0Aa -
structed the jury that IN overdraft by
itself was not a criminal transaction As
to the eleventh instruction Mr.. Miller
maintained that in a criminal case either
of the prties having a theory has a right
to ask the court to give instructions which
have a close application to the facts winch
the evidence tends to prove. rms, ne De-
lieved, the court had failed TO do. Passing
Haughey to injure the bank Mr.. Miller
contended that the jury should have been
instructed to consider whether or not the
bank president had a motive. The attorney
gave an Illustration on this point Dy re-
calling a part of the instructions given by
Judge Hadiey to the jury in the .Hinshaw
murder case. The jury must carefully con-
slider what the defendant had TO gam IN
the commission of the act charged 10 MIN.
on this point the court commended that
he omitted none Of the essential points IN
the jury
Instructions attorney Miller called attention
to the definition Of insolvency. Here ne
that the court had erred paipaply.
sIt does not seem to u.s., ne salu, ltnat
vour Honor has the true definition. There
were one hundred banks in Indiana In 1890
that were perfectly good and solvent as
long as they were permitted TO go on with
But compel them to wind up, and
thew could not possibly pay their debts
"A banker has no right, interrupted
Judge Baker at this point TO permit some
and draw money when he has no money on
deposit. I confess that as TO that point In
stTon instr tSan i aid. mi 4 seems nass to me that
the debt Of the cabinet company 10
bank reached 5000 and an effort was
to float that debt on the security OF
mind that they knew the thing was
hopeiessly insolvent. / don't feel tnat L
facts as strong as the evidence Jus,
Is over. that the evidence was overwhelm-
ing in that direction. / see nothing in the
made to lead me to think that
the defendants were done an injustice. 1t
ia always possible by turning a microscope
this way or that way TO prove almost any
by it. Taking the charge as a whole,
conceive that the jury was misled and mis-
as to what the duty was In
searching for the intent. / feel that the de-
M this fact. it is my duty TO o%verrule a
for a new trial. i am not sure tnat
II some of these objections had come up at
another time i would rave entertained a
motion TO Quash.'
ATTORNEY Winter stepped forward to file
a motion in arrest OF judgment with the
clerk. Judge Baker and the district at1or-
ney consulted Tor a lew MOMENTS. Inc
court then said:
.sThe district attorney informs me that
will not insist on sentence being pro
nounced to-day, and i think / will defer
this temporarily. 1t may be that L VIII
sentence Mr.. Coffin a week from next Mon
day. In the meantime. shall request the
defendant to remain in this city"
eff Mr.. Coffin has any intention OF leav-
ing the city l do not know of it," rejoined
Miller.
IT did not mean you to understand IL that
way" remarked the court. Il did not
mean to intimate that he might run off. i
thought he might think he was not needed
for a few days, and would go out of town.
'sMr. Coffin has come to the conclusion"
laughed Mr.. Miller, that the court can't
get along without him."
Eyes. sir: the court can get along. with
out Mr.. Coffin or any other criminal re-
torted Judge Baker.
The attorneys for Francis Coffin hope to
secure a supersedeas which will keep their
client out OF prison. A writ OF this charac-
ter can be granted by either the Judge of
the District or Circuit Court, in addition
to the United States Supreme Court. The
attorneys are confident that the Supreme