The Indianapolis journal., 1896-05-05
MUST SERVE HIS TIME
SUPREME COURTS DECISION IN
BANK wRECKER CoFFIN's CASE.
Opinion at Washington Yesterday
The Ex-President of the Cabinet
Works Now I'm New York.

A dispatch from Washington states that
the United States Supreme Court yesterday
rendered a decision affirming the decision of
United States District Court for the district
of Indiana in the case OF Francis A. Cof
fin, who was sentenced by Judge Baker to
serve term of eight years for completely
in the wrecking of the Indianapolis National
Bank.
The opinion was read by Justice White,
who, It will be remembered also read the
opinion of the court in the first appeal,
when, however, the Supreme Court decided
against Judge Baker and ordered a new
trial. The appeal of Collins counsel
Messrs. Miller and Winter, was, in the opin-
ion Of one of the justices of the Supreme
Court, based purely on series of legal
technicalities. all of which the court de-
clined to allow. The opinion was, in many
points, a repetition of much that had been
discussed by Justice White in his former
opinion. The opinion Is withheld for re-
vision.
Collins crime consisted in aiding and abet-
ting Thedore p. Haughey in mulcting
the bank by largely overdrawing his account
and In borrowing from the bank, on worth
less security and no security, sums large
ly in excess of the limit allowed by law.
The bank suspended July "A, 1893, and on Dec
Il indictments were returned against all
those supposed to be involved in the swindle,
including Francis A. Coffin, Percival b. Cof-
fin and A. S. Reed. The trial of the Cof-
fms and Reed was begun April TO- 1894, and
after two weeks of taking testimony 1t was
discontinued on account of one of the jurors
agreeing to accept bribe. The trial was
resumed May and on May % the two Cof-
fins were found guilty and Reed was dis
charged. Francis A. Coffin was sentenced to
ten years Imprisonment and Percival E.
Coffin was given five years.
The two brothers were taken to the peni-
tentiary at Michigan City to begin their
terms Of Imprisonment when, on June a.
Justice Harlan, of the Supreme Court,
granted supsedeas and the men were re-
leased on bond. Nearly a year elapsed be-
fore the case was again hard Of. On April
Is, 1896, the. Supreme Court reversed the find
ing Of the lower court and ordered a retrial
of the case. The second trial began Sept
10. 1895, and ended Oct. 3. 1t resulted in
the acquittal of Percival B. Coffin and the
finding guilty of Francis A. Coffin. The lat
ter was given sentence of eight years and
was placed in the custody of the United
States marshal. Judge Woods, however, IN
terfered to grant supersedeas, staying all
proceedings until the case could again be
taken to the Supreme Court
The decision of the Supreme Court, as
announced, Is probably the final action in
the case. The only further proceedings that
to ask for rehearing by the Supreme Court
1t Is not believed this will be done. however.
Ferd Winter. attorney for Coffin. said yes
terday that the only thing now was the
prison. He did not seem to think the Su-
preme Court would be asked to reopen the
case on motion for a rehearing. He con-
n or.1
thought the best thing that Coffin could now
do would be TO begin serving his time so
as to get through with 1t as soon as pos
1t is not true, as has been supposed, that
Collins time has been going on ever since
his sentence: 1t is ordinarily true that time
begins the date sentence is passed. but
the writ of supersedeas suspended the op
Grafton OF the sentence. Coffin will therefore
ne is delivered into the custody of the warden
OF the prison, less the time he may earn by
good conduct This will amount to two and
has only five and a half years to remain in
prison If he conforms to the rules and regu-
lations.
At the Offices of the United States Court in
this city no official information had been re-
ceived yesterday concerning the decision of
the United States Supreme Court. Until
such official notification is received nothing
will be done here. When the information is
received through official channels that the
judgment of the lower court has been af-
States marshal. when notified by the district
attorney to at once summon Coffin TO re-
turn TO the city. If Coffin fails the court
will then declare the bond forfeited and
warrant for Coffin's arrest will be issued.
Coffin is now in New York. Since the is
suance of the last writ of supersedeas he
has been employed travelling salesman
for the Indianapolis Cabinet Company, the
concern OF which he was principal owner
and through which he drew upon the assets
of the Indianapolis National Bank. Since the
banks failure the cabinet company has been
bought in by indianapolis capitalists and re-
organized II Is believed that Coffin will
reach this city as soon as the order from the
Supreme Court snail arrive and that it will
be unnecessary either to notify him to re-
turn to declare his bond forfeited. His
friends are of the opinion that he will ac-
cept the affirmation of the last judgment as
final and will submit to be taken to prison.
He Is under a bond of $4,000, with Hannah
II. Swift and John Roberts as sureties
In a conversation with a Journal reporter
about the case, Judge Baker, who presided
at both trials OF Francis A. Coffin, said he
believed Coffin would return 10 the city at
once. There was only one thing he could
do further and that was to ask for a re-
hearing from the Supreme Court. "It is
pretty hard on Mr.. Coffin" continued Judge
Baker, ''but it is the inevitable. 1t looks