Indiana State Sentinel, Volume 34, Number 1, Indianapolis, Marion County, 8 February 1888 — Page 5

THE 'INDIANA STATE SENTINEL. WEDNESDAY, FEBRUARY 8. 1888,

ORDERED TO PRISON.

JtaJSi Woods Pisses Siatanca Upon tia Dimcents Cinvictei of Election Conrplrxcj. für. Coy Fined flOO and Giren Eighteen Month North Bernhamer $l,OOOand One Year's Imprisonment. BImeon Coy and W. F. A. Berhamer, the two defendants found guilty of a conrpriacy to induce election otlicers to part -Witli their election papers, made their last appearance before Judge Woods yesterday xnorninp. They are through with the United States District Court, and their fate is next to be determined by the United States Supreme Court. Their motion for a new trial was promptly overruled fey Judge "Woods after which he pronounced" eentence. He fined Mr. Coy $100 and t entenced him to prison for eighteen months, and fined Mr. Bernhamer $1,000 and sentenced him to one year's imprisonment. At the same time he directed that both the men should go !o Michigan City, and remanded them to the custody of the United States Marshal. A curious and motley thron crowded ihat portion of the Federal court rooou set spart for spectators as soon as tue doors were opened at 10 o'clock yesterday morning, but there were many vacant seats in tnat portion cf the room usually reserved for tbe bar, jury, defendants and witnesses. Before the proceedings were over, however, this portion of tbe room was half filled with lawyers and friends oi the defendants. Promptly at 10 o'clock, the time set for the hearing, Simeon Coy followed his lawyers, Messrs. McN'utt and Basklrk, into the room and took a Beat at one of the table provided for counsel. Mr. Coy was dressed in tbe same dark business suit with cutaway coat, that he wore throughout the progress of the trial. Mr. Berntamer came in a few moments afterward and took a seat in the jury box which only last week was occupied by one of the men who had judged his case and found him guilty. He was dressed in black, as usual, and he, like Mr. Coy, had a silk hat. They appeared to be in excellent spirits, neither of them seeming to realize that before they left that room they would have a sentence passed upon them which if executed would deprive them of not only their property, tut their liberty as well. JnBt before the proceedings began, exSenator Harrison and his law partner, Mr. Miller, came in and took seats in the rear of Mr. Bernhamer. For the first time since the beginning of the case Judge Woods was a little tardy, though he was in his private oft ice. and had been since about 9 o'clock. It was 10:30 when be took bis seat. His presence was a signal to begin business. Solomon Claypool addressed 'his Honor, and stated that tbe Government desired to object to the affidavits hied by the defense in relation to tbe statements of jarors after the return of the verdict, for the reason thit the evidence was incompetent. He cited various authorities in support of his position, and insisted that an a juror could not make an affidavit himself tnat wcnld affect a verdict, much less con id his statements to other parties be used for such a purp jse. . Mr. McSutt read tbe telegram received by Juror Messick last Saturday morning, and also Messick's reply. They were as follows: New Castle, ln1., January 2-5, 13S3. Albert Messick, Juryman U. S. Court. Your mother is dead. Come as soon as you can. W. Ubees. Mr. Messick's reply was asfoltows: Isdianatolis, January 2S, 1SS3. Aaron Haines. Ksq.. Moreland. Henry county. I 111 try and get mere on number three tonigat. otna word to my lous. ALBERT Messick. Sol Claypool gave notice that the prosecution desired to introduce two connterafhdavlta from Juror Davis and Juror Messick. Mr. McNutt "If the affidavits we introduce were incompetent, then those yon ofler in reply to them are certainly not admüsable. "We object." Sol Claypool "Very well, the record will chow that both sides objected." Mr. Buskirk read the reasons why a new trial was asked and the affidavits sub atantiating them, as published in full in yesterday's SentineL Mr. McNutt inquired whether, before exceptions to the record could be filed, the record must be submitted to the Court? Jud?e Woods said that had not been required in c'.vil cases, and no record had ever been made in that court, ercept in the Perkins habeas corpus proceedings. He said, however, that there would be no trouble about that. District Attorney Sellers read the affidavits of J arors Davis and Messick. Juror Davis, in his affidavit, denied that he represented to the other j uro rs that If convicted the defendants would not be imprisoned, but only a nominal fine assessed against them; but said he gave it as his opinion that if Mattler was convicted his punishment would be light He said that Juror Messick's telegram had no effect on the Terdict, and none of the jurors appeared to fee under the influence of liquor. Juror Messick denied that his telegram brought about the verdict, and denied saylag tnat he thought it influenced some of the jurors. He did not notice that any of the j urors were under the in H uence of li i nor at any time. 8ol Claypool briefly argued the question of liquor beirjg drunk by one of the jurors. He insisted that a verdict could not bs set aside on that account, unless it coull be ehown that it had in som6 way affected the verdict. Mr. McNutt said be did not wish to mke any extended argument. It was conceied that there was some question as to whether the affidavits 'giving the statements of jurors made after the retnrn of the verdict was proper evidence. He contended, however, that the affidavits on file also involved the conduct of the jurors, and that such evidence was competent. He thought the mere fact that a teleera m was allowed to go to a juror wai of sufficient importance to presume that it had some effect on the verdict. Mr. Bnskirk called the attention of the co art to the fact tbat two of the jurors had drank intoxicating liquors, aad arrued that this ic itself was sufficient error t set aside a verdict Judge Woods, without hesitation, rendered bis opinion on the motion for a new trial. He toon up the Messick telegram question first, aad in substance said: "Mesafck kcew tbat his mother was at the K'irit of death all the time, and his greaten anxietv must have been to see her r ain In life. If the situation tended to c 'qualify him, tils was more the case bsher death than after. The telegram r ruled in his mind tbat he coull never see 1" mother alive again, and he already J-J the ss reran ce of the court that would be allowed to attend her i.meral. It seems to me, on the . ioce of the thing, that the telegram was no disturbing force ia the minds of the Jurors; bat, on the contrary, the antecedent facts make the Inference the other way. But it is not left to inference alone, for we bave tbe testimony of two of the jnrora tfcemEelves that it did not Influence their verdict, and that Messick did not use it to . Influence them. It would be a most incredible presumption against any man competent to lit on a jury that he would niresder his solemn judgment as to the guilt or innocence of a defendant because some other juror wanted to go home. It la opre tended that this j aror himself was In- . flnenoed to vote aa he did.pjy this telegram, jjs, n is night pj nm Qfttiarcti:

to establish tbe inference that thaotier

jurors were so influenced and affected as to surrender their manhood and integrity, and deal in men's rights in so Important a case aa this in accordance with a mere sen timent. This proposition can not be entertained." Concerning the matter of the jurors drinking, the Court said he proposed to investigate tnat further, in another way, but at present he would consider it only as it waa presented in the pending proceedings. "It is not even suggested," he Bald, "as a reason for a new trial, that tbe drinks alleged to have been taken influenced the jurors or affected their condition- It is not even averred that it had this effect The affidavits do not tell who the jarors were who took the drinks. Mr. Stein, the deputy in charge of the jury, says that he does not know of any juror taking a drink, and did not see any evidences that there had been drinking done. When the jury were brought into court there were no evidences that any of them had been drinking." After citing various authorities bearing on the case, Judge Woods concluded: "I do not think this verdict ought to be disturbed on this account I do not believe the verdict was affected by it My conclusion is that it was not On all the other questions raised as to the admission or refusal to admit certain testimony they have ail beea considered by the Court as Judge McNutt suggests, and there Beems to be no reason for a change of opinion. .Now as to these affidavits: Tbe general rule, well-estab-ed, is that affidavits of jurors or parties to whom they made statements can not be rtreiTfd as attacking a verdict The motion to strike tbem oat to this extent ought to be sustained, but it is Just as well to have these affidavits in the record in case of an appeal. This Court holds that this is not properly the case, but pro forma, refuses to order them stricken out. My conclusion, therefore, is that the motion for a new trial be overruled." Mr. McNutt "We desire, if your Honor please, to enter a formal motion in arre3t of judgment." Judge Woods "Do you desire to be heard upon that motion?'1 Mr. McNutt "No. your Honor." Judge Woods "Then I will overrule the motion." Mr. McNutt then asked for thirty days in which to prepare a bill of exceptions, which, after a brief consultation with the attorney, the Court granted. Judge Woods "Now. have these defendants, or either of them, anything to say why sentence should not be passed upon tbem?" Mr. Coy (without any noticeable change in his voice or expression) "Nothing, your Honor." Belore the Court had finished the usual query before sentence, Mr. Bernhamer left toe teat he had been occupying and walked over to tbe center of the room and took a teat facing tbe Court and by the side of Mr. Coy. Before he sat down he said: "My counsel have Bald all that is necessary, and I care to add nothing further." Judge Woods: "It is always embarassing to pass rentence on a human being, and it is always unpleasant for a Court to deprive a man of his property, but vastly more so of tbat which is nearly as dear to. him as life itself. The case I now have is outside of all ordinary experience. This was a crime the magnitude of which cannot be exeegerated, and I desire to assess such a penalty as will make future trials of this kind unnecessary. I have no personal ill feeling sgainst these defendants. If I could do my duty and subserve the interests cf scciety, I would gladly tell them to eo; but I cannot do it But I am not going to enlarge upon the matter. I understand that Mr. Bernhamer is a man of considerable property. Ia that true?" Mr. Bernhamer "That was true at one time, your Honor, but it is not now. It was true before these prosecutions began, but for the past year and a half my fortune has about melted away." Judge Woods "The sentence of the Court is that Mr. Bernhamer pay into this Court a tine of $1,00), and that he be confined in the Nortkern Prison for a period of one year." Turnirg to the defendant,the court said: Mr. Coy, I find, from the evidence, that you are a poor man and have no property. For that reason the sentence in your cas9 is that you pay a fine of $100 and be canfined in the Northern prison for eighteen months." A breathless silence prevailed while the sentences were being pronounced, but, as soon as the Court had concluded, there was some sort of a noisy demonstration by the rabble present but order was immediately restored by the Marshal. Mr. McNutt "We desire to ask the suspension of this sentence for thirty days. That is, until the bill of exceptions has been prepared and acted upon. I am told that this was done in at least one case in this court." Mr. Bsskirk suggested that the case Mr. McNutt referred to was that of Peter McCartney, who, after being sentenced for five years, was released on bond until his case was ruled on by the Appellate Court Judge Woods "My judgment is that the sentence should not be suspended. There never was a case to my knowledge in which the guilt of the accused was more clearly established, and that, too, without evidence that was contradicted. However, I want to give these defendants a fair chance, and I will direct tbe Marshal not to execute this sentence until Mondsy, that is they will be allowed! to remain in the city. That will give yon ample time to get such indulgence from the Appellate Court as it may think proper to grant In the meantime the defendants will remain In the custody of the Marshal, who will be responsible for them." At five minutes after 12 o'clock Jadge Woods adjourned court and immediately the crowd in the rear of the room began to climb over the chairs and seats that separated them from the prisoners and their friends. Messrs. Coy and Bernhamer were Boon encircled by a dense mass of old acquaintances, who were anxious to take their old friends by the hand once more, Stepben Mattier, who was acquitted, was about the first to reach 8im Coy. He gave him a hearty hake of the hand, but he was so affected that he could not apeak. 'This is awful." "Please accept my hearty sympathy." "I hope you will not have to go." "I never felt so bad In my life," and various other expressions were made to the defendants, to which they would usually respond : '-It is about what we expected." "Itisnotover yet" "It is pretty tough, but we will take our medicine like men." As soon as be could get away from his friends, Sim took his coat on his arm and started for the Marshal's office. He was joined at the court room door by Deputy Taylor and the two hurriedly walked down stairs to tbe Marshal's apartments. Several of his intimate friends had preceded him and were waiting to more quietly sympathize with him. Ina moment Bernhamer came in with Marshal Hawkins. He was complaining about somebody taking his new silk bat and leaving an old one that was a misfit He seemed more troubled about this than the fact that he had been sentenced to prison. At one time, in answer to some passing remark, he said: "I have everything arranged at my office, and my business will be carried on just the same in my absence; but I tell you all now that I am through with politics in Indianapolis." When some one remarked to Sim that it was "pretty tough," he replied: "Yes, and it is what I get for being a straight-out, clean-cut Democrat In the past, I have downed these Republicans that think they have me down now, and I give then notice that I will be back here and will 'do them again." Again, when the same remark was made to him, he said: "Yes, but when a man knows that he is aot guilty of the crime with which he ia charged, he can go there With a clean conscience. That is my fix." When Bernh&mu first come into the VarahaTa office from the court room, he , looked Kwai, wi not tvouzs C97, ex

claimed. "Where is my colleague?" This waa heartly laughed at by those present At the request of .defendant's counsel, who wished to further consult with their clients. Marshal Hawkins consented to allow tbe two men to stay in his office. until such time as would be convenient for them to meet their attorneys. At 1 o'clock Messrs. Coy and Berhamer, accompanied by Deputy Taylor, went to the Grand Hotel and had dinner. Both men appeared indifferent to the fact ot being sentenced, but two or three times it was noticeable that tby keenly felt the position they were in. Upon two occasions when something was said to Sim he raided his voice a little louder than usual and spoke in a tone Blightly saddened. Both men, however, behaved like heroes, much better, in fact than 9fl out of ICO from their station in life would have acted under the same circumstances. The prisoners remained at the Grand

Hotel, yesterday afternoon, where they were visited by their families. The wives of the convicted men bear up well, and they have a host of friends whose sympathy they will retain throughout their trouble. Both Coy and Bsrnhamer remained at the hotel last night, where their attorneys were busy preparing papera Mr. Bernhamer said the sentence might hare been worse, but he was satisfied they would get a new trial. He said that everything that could be done was being done, and that he was perfectly satisfied with all steps tbat had been taken by counsel. Mr. Coy was also hopeful that the verdict would beset aside and a new trial ordered. He said he had committed no crime, and that there was no reason why he should go to prison. In anticipation of Judge Woods' action in overruling the motion for a new trial, Hon. John W. Kern had gone to Chicago, and there awaited the news. As soon as the proceedings ware over a telegram was sent to Mr. Kern, who immediately went before Jadge Gresham with an application for a writ of error and stay of execution. Judge Gresham, after hearing the facts as presented by Mr. Kern, declined to pass upon the case, but sug gested to Mr. Kern that he seek the desired relief from Jud;e Harlan, as the latter had once considered the case. Papers for a writ of error and an application for habeas corpns will be prepared, and if the former be not granted, the latter will be relied upon. Judge Gresbam's Action, Chicago, February 3. A motion tor a writ ot error and supersedeas was made to Judge Gresnam this afternoon in the case of Coy and Bernuarner, lately convicted in Indianapolis of forging election tallysheets. I be fact tbat Judge Woods of the United StMes District Court at Indianapolis bad denied a motion for a new trial was wired to Chicago lawyers, with instructions to apply to Judge Cresham for relief. Judge Gresham declined to inter fere in the matter, and advised the attor neys to apply to Judge Harlan. An Indiana Hero. Washington Post. Mr. Cumback. of Indiana, a surviving member of the Thirty-fourtn Congress, was one of the orators at the reception given those survivors by the National League V edne sday evening last. Mr. Cumback is a ready speaker, cot lacking in wit and somewhat gifted in poetic imagery. He can dress ur a small thought in elegant verbal attire and feel rather proud of it when he sets the little one agoing in the company of big thoughts plainly dressed. Mr. Cumback Will Cumback is his full name is a writer of verse, a singer of songs and a powerful exhort? r m revival meetings. Of ccurse a survivor of such varied qualities and attainments was gladly wel cornea Dy tne otner survivars. Uf course, too, he was invited to speat an invitation tbat he does not know cow to decline. We wish he had spoken temperately, in which cafe it would cot have become our duty to notice his remarks. But Mr. Cumback. although as mild and tender hearted man as is the Lord High Executioner" Mikado, can newer mention the war of the rebellion without getting into a rage. Onlast Wednesday evening Mr. Camback fought the war over again from Fort Sumptor to Appomattox, and when he nad concluded his campaigning be re marked that "those who stood by the Hag were eternally right and those who sought to trail it in the dust were eternally wrorg. Instead of going around prating about their lost causa and their trampled rights tfcey Bhoald think of Dr. Watt's hymD, 'And are we wretches still alive?' He referred to the suppression of the ballot in the South, and said the time would come when any attempt to trample on the rights of the people and suppress suffrage, the people would rise In their might and rebuke the outrage." There was no occasion for any such talk, for nobody was questioning the rfghteouscess of the Union cause, and nobody bad "prattled about the lost cause," but Mr. Cumback felt that he must disDlay his valor. And cow, since he has had his say, we propose to see how he "stood by the nag" in thoEe trying times to Bee how he was 'eternally right" Prior 10 the middle of April, 1SG1, Hon. Will Cumback, an ex-Congressman and extremely popular, had spent some months in kindling the war fever in the minds of the young men of Decatur County, Indiana. He had large influence, and used it to fire the hearts of his neighbors and frier ds. Suddenly the clouds broke and tbe tempest of war broke on the country. The young men whom Cumback had enthused sprang to arms and called for him to lead them. But he could cot hear the call ; he was cot there, cor did he come there for some days. His friends soon learned thar he was in Cincinnati, and entreated him to come to his home, for the boys wanted him badly. But he skulked a while longer, and then was almost forced to return, so reluctant was he to "fall in" and march away to Dixie. Finally, when evasion was no longer possible, he joined the anxious youths, and went with them as far as Indianapolis. There Mr. Cumback was ofler ed by Governor Morton the command of a regiment, but he had no notion of 'standing by the flag" in that way. That way might be "eternally right," but it was not his way. "No," he said to Governor Morton, ' I am cot fit forthat, but I would like to have you get me an appointment In the pay corps" The Governor's Hd curled with contempt, but he acceded to tbe request Mr. Cumback sooa became a Major, and served with fidelity to the close of tbe unpleasantness. He made a good many charges, but they were not sanguinary. Five or six years after the war Mr. Camback came within an ace of getting into the United State Senate. He had the nomination in caucus, and would have been promptly elected but for the exposure of a letter that he had written to Governor Baker, which that npright official regarded as corruption. This caused a bolt, a long and exciting fight and the election of Iratt in lien of Cumback. Since then Mr. Cumback has devoted most of his time to the collection of Federal taxes on whisky. Such gallant soldiers as Major Camback fmds it Impossible to forget the events of the war for a single moment, and go about with a poignant regret gnawing at their vitals because all the "infernal rebels" were net hanged by the neck to sour apple trees. He is a tpylcal bloody-shirt shrieker. Have Closed Their Pilgrimage. Setmocr, February 5. BpeeiaL Mrs. Amelia Scott and Mrs. Mary Knott two veterans and respected ladies, have just eloted their pilgrimage on earth. They were born in Kentucky. The former waa eighty-fiye, and came to this county with her parents seventy-tonr yean ago, and the latter came kort ia 13$i

SUNDAY AT THE BOTEL

Messrs. Coy aai Berabamer, in Custody of Df pntj Mtrihili, Esoaiva Their Frienif. Ssvcrxl HcBireJ Democrats Cill aai Express Ca&SJenca and Sympathy. The Convicted Men Still Quite Hopeful of Selarisz i Fair Heirin4 ' Furth Proof of tbe Duplicity of Jaror Messick Action by tbe Supreme Coart Expected Shortly. "We have been holding a levee all day," remarked W. F. A. Bernhamer last night, as he lay upon a comfortable bed in room 31 of the Grand Hotel. His extensive feet were encased in a pair of fair leather wigwams that had been pre sented to him since he had been in custody of the Marshal. Upon his head was a tight fitting skull cap. i s"There have been fully 500 people here to see us," he continued, "and 1 tell you tne tiowers ot tue Democracy of tola cointy were among them, If I had the man who were here to-day back of me allthe time, I would not hesitate to run for resident, and would defy any man to defeat me. There is not a voting precinct in tnis city that has not been represented here." Mr. L. D. Moody, the insurance man, was there, and incidentally remarked that he would be obliged to go out on the road this week on a business mission. Mr. Berhhamer brought down the house by remarking: "Yes, and Mr. Coy and I are also thinking of going out on the road on a little matter of business." Among those who called on Mr. Coy were Mrs. Irvin, an old lady living in tb.8 Twenty-fifth ward, and her daughter. Mrs. Irvin is seventy-five years of age, and has for years known Mr. Coy and loved him as one of her own boys. She closely watched the progress of the first trial and also the last one. and yesterday, as she got a first look at him, her eyes filled with tears, and she exclaimed : "Oh, Sim, roe boy, how sjrry I feel for ycu." "Don't worry, Mother Irvin," remarked Mr. Coy, in a hopeful manner, "I will get along ail right" "But you were so kind to me boy when he was alive," she said. "God bless yon, Mr. Coy; God bless you; with both hands I hope God will bless you." As soon as he had breakfasted In the morning Mr. Coy, in company with Deputy Stein, was driven to his home at the corner of Alabama and South streets. He remained there long enough to change his clothes and give his wife and fifteen-year-old son a few words of cheer. He then re-entered the carriage and was driven back to the hotel. Early in the forenoon Dapnty Marshal Taylor and Mr. Bernhamer took a walkout to the latter's home on Dougherty street. Deputy Taylor said it took them nearly two hours to get there, as every man and woman, and even the children, who saw them, ran out to shake hands with Mr. Bernhamer. "That is proper," said Bernhamer, who heard what Mr. Taylor had told the reporter. "1 believe in standing la with the children. A man ia politics can do more by courting the children than in any other way I know of. Why, when I have been polling wards I have relied more on what the children would tell me than on what the parents would sty. You can always bet on hading oat from a child over six year old what his or her father's politics is." Mr. J. G. McNutt is supposed to have arrived In Washington yesterday morning, and it is understood that he was to have a consultation at once with Messrs. McDonald, Turpie, Voorhees and Bynum, and that it would be arranged between them who should present the case to the Sapreme Court Senator Tarple is very fa miliar with all of the law points, as he was District Attorney when the Ferkins cas9 'was argued, and it is thought he will assist Mr. McDonald in making the argument. Ik is generally believed by attorneys here that the Supreme Court will at least grant a stay of proceedings until the case is finally disposed of. District Attorney Sellers returned from Montlcello yesterday morning, whers he went Friday night In speaking of the case, he said that he did not believe Senator Turpie would go into it, as he had already argued on the other side in tbe Perkins proceeding. Mr. Sellers was also of the opinion that the only question the defense conld raise; before the record was taken before the court; was that of jurisdiction, and this could only be raised by an application for a writ of habeas corpus. He said that Justice Harlan would cot thick ot granting a writ of error until he saw the record, and that even if he should hear that question, It could not be taken before the full bench after he had decided it If the case froper cr.-ts before the Supreme Court n any form, Mr. Sellers will eo to Washington to assist the AttorneyGeneral in arguing the Government's aide of it Under co circumstances will it be absolutely necessary for the prisoners to appear either before Justice Harlan or the Supreme Court In tbe State court it is customary to require the person who is restrained of his liberty to appear In court, but in the United States Cjnrts this rule is not so rigidly enforced. For instance, in the Ferkins case the defendant was out on bond sometime before Judge Gresham heard the arguments. It is cow considered fortunate for the defendants tbat Judge Gresham refused to pass upon the case, as many lawyers believe that upon the question of jurisdiction be would almost have been obliged to decide the same as Justice Iltrlan dii, and if he had done this, ail right to appeal to the Supreme Court would have been surrendered. Ex Ser ator McDonald, who has examined Justice Harlan's opinion on the question of jurisdiction very carefully, is said to be clearly of the opinion that the Justice is wren?, and is confident that the Supreme Court will so hold. He feela positive it is understood, that the United States Court had no right whatever to try this case, and was greatly surprised when Justice Harlan ruled otherwise. Several well-known friends of the convicted men left for Washington yesterday to Bee that sufficient talent is engaged to properly present the esse in the ablest possible manner before the Supreme Court It leaks out that juror Messick, who has become to notorious for his conflicting stories, was a member of the jury in the capacity of a decoy duck, lie not only approached one of the counsel for the defendants at the depot and undertook to tell him tbat he considered the efforts of the prosecution nothing but persecution cf his friend, but one of the first things he did upon arriving here was to Bend word to Mr. Coy that he. wss bis friend and would stand by him. Not only that, but after the testimony for tbe Government had all been submitted, he approached a friend ot Mr.;coy's and told him to say to Mr. Coy for him that he netd not fear being convicted, as he considered him innocent and would stand by him nptil doom's day. This, taken in connection with the fact that after the trial Measiek boasted that be was sent here by a Republican Judge becausuiwuatf been good juror In bis court, and the f uxtbex fact that Dlstrtot

Attorney Bellen confidently relied oa Messick all the way through the trial as being for conviction, is certainly very antagonistic to any supposition that anybody may have that Albert Messick wa3 an unprejudiced jaror. UP IN ALASKA.

Interesting Nates from tbe Laud of tbe Midnight Sun. 8an Francisco Examinar. Max Pracht, long a business man of this city, but for three years past engaged largely in packing salmon at Naha Bay, in the Island of Kevilla Gigedo, Alaska, has returned from tbe I .and of tbe Midnight San, having sold out his interests there. "I came aown over the lately completed all-rail route from Paget Sound," said he yesterday to a reporter. "It was a great relief from the rough trip aboard skip via Cape Flattery, which it takes a cast-iron man with a copoer-plated stomach to stand. The completion of the California and Oregon will greatly increase the travel to Alaska. It is aometbiD? we have looked forward to with great gladness. "How about politics in Alaska? All the officials are working hand in hind. It is a fact, and I do not hesitate to affirm it, although i Republican, that the present Democratic administration, consis ing of Gov. A. I'. Swineford, Judge Lafayette Pawson, late of Boonville, Mo , who is now United States District Judge of Alaska, and United States Marshal Barton Atkins, is in the interests of the peop'e, and they are satisfied with it Outsile of the old opium-smugglers' ring, of which Captain James Carroll was the nominal head, there is no objection whatever. The opium ring was made up of what is knowu as the 'Big Four,' consisting of Captain Carroll, the late Collector French, of Sitka, Collector Bush, of Fort Townsend, and Gov, Klnfeaid, with tbe auxilaries of the staff. The nautical gentlemen having charge of a steamer did the work, so it is stated, and the remainder of the Eig Four lent their benign influence to the enterprise and stood pa1, on a dlvy. The courts in Seattle recently developed this pretty thoroughly. As I say, nobody but tbe old opium ring is making a kick about the Government np ttere. "As to the mail service, Governor Sineford came down on tne laat steamer from Alaska, and has just started East over the Northern Pacific to Washington in the intprestB of a semi-monthly mail service. Heretofore we have had mail3 to Alaska but once a month. The rapidly increasing population merits more frequent mails. Pofetroaeter-General Yilas signally failed to help us out. and we are now going to try Don M. Dickinson. "The Inland of Kevilla, Gigedo, where I am, is in Southeastern Alaska, and is about eighty miles iong by thirty wide, containing some 2,500 square miles. It is next to tbe Prince of Wales' Island. Naha Bay is the central point for all the Southeastern Alaska fisheries below Fort WrangeL It is about 100 miles from the latter point, and about the same distance north of the British Columbia line. It also has the first postoffice, Loring, on the route from British Columbia. "The Cutting Tacking Company has iust bought out my salmon cannery at Naha Bay. Tbe fishery has a capacity of 30,000 cases and the Cutting people will put in a 30,000-case cannery this winter. I thick in the next few years Alaska will prove to be the only reliable source of supply f jr the world's salmon. All the inlets and fresh water Bf reams carry runs of salmon. They are thick and fairly Bwarmiog with them from June 1 to September 15. Toey are megniScent fish and of finer flesh, and aavor than can be got elsewhere. At least this is generally believed by fishermen, and the farther north the bet'er fish. There have been two new canneries in close proximity to Naha Bay recently, and two more are to be started, one at KostaBay, twentyfive miles away, and the other at the month of Junach, forty-five miles distant "Something important and that is not generally known Is the emigration recently of several hundred of the famous Metlakahtla wood-carving Indians from British Columbia to Port Chester, on Annett9 Island, forty miles from Naha Bay and sixty-live from their old location. They moved a month ago, and havs called the place 'Metlakahtla.' A row caused thnr going away. An old 8cotch missionary named Duncan had labored long years with them and civilized them, and they were flourishing, when along came a new preacher, sent out by the Bishop of the Church of England. The new man and the venerable missionary could not agree, and it culminated in tbe migration of the entire tribe to Auhette. They are a welcome acquisition. They are industrious and are ofjmuch value to that region. They had lived long years in British Columbia, and were skilled wood-carvers. As manufacturers of fast-going canoes I don't suppose the world has ever seen their like. When they went away they removed their houses at least such as they could and everything else but their old church. That Btandshuge and silent in the wilderness. The Indians who inhabit the chain ot islands, of which Annette and Kevilla Gigedo are two. are a mixture of Strickeen, Cape Fox and Hydas. Each Indian has his chuck or shore house in summer, where he fishes. He is constantly shifting, and one head of a family may haye three or four different houses. "This chain of Islands, including Douglass Island, 200 miles distant from Nttia Bay, are nothing else but tbe tops of a submerged mountain range. Tbe mountain tops, too, are quarries of low grade gold ore, averaging, like the now famous Treadwell mine of Douglass Island, from $5 to $Gaton. It is a great field for heavy canit allsts, but not a good one for men with no money. The Tread well people had to invest f jW.OOO before they got on a basis to make money. Their 120 stamp mill enenabled them to make a profit They are cow realizing over $100,000 a month right along. I have seen their gold bricks, and snow this to be a fact. They have iust let tbe contract for another 120 etamps, doubling their capacity. This will make a gigontic nill, 240 stamps." Struck by an Oxpresa Train. Pittsburg, February 5 An express train on the Pittsburg and Western railroad ran into a wagon at the Cherry street crossing, Allegheny City, last evening, killing William Steinbronner, the driver, and seriously injuring William Albright, a boy fourteen years old, and his companion, a young eon of Policeman Johnson. Mr. Steinbronner and tbe b3ya were crossing the tracks, on their way to tbe river for coal, when the train struck the wagon in the middle. Steinbronner was thrown a distance of twenty feet where the train passed over him, cutting him badly about tbe bead and body, and he died at once. William Albright was caught and his r'ght arm torn from the socket at the shoulder. He was sho cut badly about the head aad bodv. His inj ones may prove fatal. Young Johnson, as the train struck the wagon, jumped and fell on his head. He wss cut and considerably bruised, but was able to go home unassisted. The wagon was reduced to kindling wood, and the horses were thrown over an embankment and killed. Death of Mrs. Elizabeth Lockridge. Geekkcastlk, February 5. Special. Mrs. Elizabeth Lockridge, wife of Andrew M. Lockridge, and the mother of ex-Senator Simiaon F. Lcckridgo, died, yesterday, of heart disease. Mrs. Lockridge was the doughter of the late Hon. Alexander C. Farrow, and came to this county at an early day from Mount Sterling, Ky. She had been a resident of this city and vicinity for over forty years, and leaves a Urge circle of relatives and friends. The funeral services will take place at the family residence, Tuesday noon, and will be conducted by Ret. J. M. Paxtharst, oi College . Avenue M, E, Church

A FEW DAYS OF GRACE

Messrs. Coy tsi Birnhimsr Will Not be Tsiea North To-Marrow, as First Ordere! Judge Woods Consents to lliow the Prisonsrs tabs Esli Esre TempsriLly, Pending Action it W&shingtanb ths Uaitei States Supreme Court. A Letter From Judge Gresham Likely to Aid the Prisoners' Couusel to Secure a Speedy Hearing. Mr. J. G. McNutt started at 4 o'clock Saturdsy morning to Washington, with aa application for a writ of error in the conspiracy case and a stay of proceedings until argument on the writ can be heard. Mr. McNutt will arrive in Washington this morning, and as soon as possible he will appear before the United States Supreme Court, and, if possible, secure immediate action in the matter. Ex-Senator McDonald is cow in Washington, and he, with Senstors Voorhees and Turpie and Congressman Bynum, will be askeo. to go with Mr. McNutt before the Supreme Court, and Mr. McDonald, who is familiar with the practice of that court will probably be the spokesman of the party. The defendants' counsel here are confident that a stay of execution will be granted until a final decision can be had of all the points in the case. Late yesterday afternoon Mr. J. N. Buskirk, of prisoners' counsel, waited upon Judge Woods and requested him to defer the execution of the sentence, for a few hours, at least, to give an opportunity to hear from Washington. Judge Woods at Erst agreed that the convicted men should not be taken north until the late train on Monday night, but upon ascertaining that that train did not run through to Michigan City, he said he would have the execution of the sentence deferred until Tuesday noon. Before Mr. Buskirk left him, Judge Woods further said that if no word was received from Washington by the time fixed, and there was any probability of favorable action, he would itstruct the Marshal not to Btart with the prisaners until Wednesday. After his conversation with Mr. Buskirk, Judge Woods sent for Colonel Frank Miller, Marshal Hawkins' chief deputy, and gave hime official notice of the promises he had made to Mr. Buskirk, and instructed him to tell Marshal Hawkins not to leave with the prisoners until he had received further orders from the Court Messrs. J. W. Kern and A. G. Smith, who went to Chicago to make application to Judge Gresham for a writ of error, returned yesterday morning. In speaking of their experience, Mr. Smith said that Mr. Kern and himself went before Judge Gresham and asked for the writ as soon as possible after getting word that the motion for anew trial had been overruled by Judee Woods, but Judge Gresham considered that the important Question raised wss that of juri8diction,and as Justice Harlan bad once ruled on that question, it would be little less than judicial insubordination for him to consider it now, Justice Harlan being the Superior Judge of this circuit Mr. Smith said, however, that Judge Gresham advised tbem to go directly to the Supreme Court, and they concluded that this was the best thing to do. "He also told Mr, Kern," continued Mr. Smith, "to telegraph Mr. McNutt to apply to Judge Woods for a Etay of proceedings, and to use ,his (Gresham's) name in connection with it; and. when the word came back to us tbat Judge V00d3 would not grant it, Judge Gresbam appeared to be greatly surprised, and he then sat down aad wrote a personal letter to Justice Harlan, stating that he submitted the case to him and urging him to grant a stay of proceeding until the questions raised had beea decided. He sent the letter to the postollice by a messenger so that it would reach Washington as soon as the application for a writ of error was made." Mr. Smith thinks Judge Gresham is in accord with the defendants' couusel on the question of jurisdiction, and that if he had consented to hear the case he would have so decided it Judge Gresbam indicated to Messrs. Kern and Smith that the Clark case, which Judge Woods relied on to sustain his position on the indictments re turned against the defendants, was not in point at all, as it only decided the ruht of Congress to adopt the laws of various States in regard to Congressional elections. Mr. Bernhamer, accompanied by Deputy Marshal Stein, visited the Court House yesterday, where Mr. Bernhamer was encaged for some time in attending to some legal business and in shaking hands with old acquaintances. The prisoners remained at the Grand Hotel most of the day yesterday, but either Marshal Hawkins or one of his deputies was with tbem all the time in order to prevent any criticibm of the Marshal, although no one im egines for a moment unless it be a personal enemy, tbat either cf the defmdants would attempt to escape. They we: e again called on durins the day by the?r families and a large number of personal friends. Their rooms have been crowded ever since thev took apartments at the hotel. Last nigh, when a Sentinel, reporter calltd on Mfsrs. Coy and Bernhamer he found thm surrounded by friends, atd co one, not knowing the fact?, would have suspectea tnu ttey had btca Bentenced to prison by a United State court, their demeanor bsing exceedingly j vial. Mr. Bernhamer especiaiy was lni gh spirits, and continually erected jokes with reference to his prospective priBo i life. When asked , by some one why he did cot tay more when Judge Woods asked him what he had to say before sentencing him, he jocularly replied: "In the first place, I have been a lawyer long enough to know that tbe beet thing for a client to do is to let his lawyer do the talking, but the principal reason was tbat Judge Woods hadfthe closing speech and would be "apt toJiget back at me." When asked byjthe reporter wn-u n e expected to start forJMichigan City, he quickly replied: "You will have to Eee Marshal Hawkins about tbat. At a meeting of tbe Executive Committee this afternoon, he was chosen Chairman of Committee of Arrangements, and I have been a member of enough committees to know that it is good policy to refer all busines to the chairmar,' Upon two or three occasions Mr. Bernhamer referred very feelingly to his iamilv, shaking sorrowfully of his true and faithful wife, and regretting that he might be obliged to leave her in charge of a wreck, thus intimating that h business aßalrs were cot in a very satisfactory condition. Ha said his tame was still on the sign of the law office of Bernhamer & Walls, but that was all the interest he now had in it When some one came In, and not seeing Mr. Coy, asked for him, Mr. Bernhamer replied: "This is cell thirty-one: Mr. Coy Is In he next cell, which Is thiity-three." t This remark caused considerable laughter, if Mr, Bernhamer ia at all saddened by the unfortunate position he is now in, he is certainly succeeding in concealing bia real feel infra from the world, Mr. Coy maintains the calm said deliberate demeuor lor if&Cii U Ü WU fciowa

He seldom sneaks of hia case, unless ask t about it, and he answers all questions ia his neual frank and dispassionate manner. Eh fully realizes his situation, aua wtnle he is full of hope, be seem to be prepared for the worst There is m danger of hia olock giving oat. a he w:ll be tbe last man to flinch. Both of the prisoners will remain at the Grasd Hotel until they are removsd from be city or released by order of theSapreme Court

Tbe Sentence. New Albany Ledger. The sentence of Judge Woods in the ca&e of Coy and Bernhamer, the former to eighteen months imprisonment and to pay a fine of $100 and the latter to twelve months imprisonment and a fine of M,0, was, under all the circumstances, too severe. The men bad been punished by numerous arrests, had been through two love, wearisome and expensive trials. The object of tbe prosecution by the cltizsna committee, without which there would have been no conviction, was a warning rather than punishment. Crimes against the ballot have been common in Indianapolis for a quarter of a century. The people wanted to put a stop to it and selected tbe fiiBt case that came to band. Judge Woods understood the situation and should have made his sentence correspond with that situation. A jail sentence and light fines would have better subserved tbe ends of justice. The severity of the sentence gives color to the charges of artisan persecution as well as prosecution. The Ledger never defended the tally sheet forgers, nor any other criminals, and eustained the verdict of guilty, so tbere ia do sympathy in this matter, but a question of justice and public policy. Pointers for Scrappers. Chicago Journal. It is astonishing Low often, in waiting tbe streets of Chicso, one raet3 men with black eyes, all of tbem showing maltreatment There is a world-wide superstition tbst as Boon as a man eets a black eye he must use cold applications for hours, and v tbat the best cold application possible is x raw beef. I call it a superstition, because It is without reason and against reason. Everybody knows that what makesadi. coloration of tbe skin by a bruise1 is the congestion ot tbe part wita tbe blood tbat can not pet away 82am, so tast it decomposes and changes its color; and everybody ongbt to know that the way to prevent such a reenlt is to facilitate "anl stimulate tbe circulation iu tbe bruied part. A cold f pp'ication retards tbe circulation, and tbe best thing o etiruu'ate it is hot applications. Twice in my life I ? threatened with a black eye. Oa the first occasion I applied raw beef and other cold applications, and succeeded in producing tbe blackest eye I ever saw. On tbe second occasion I got some bot water right away and bathed the eye for about half an hour in it The result was that tbere was cot the slightest discoloration Tisible at any time. These hints are well worth pasting in the hats oi some people in Chicago,

How the Case Stands. Wafhikgton, February 5. 'Specia'. In support of Congressman White's claims it is urged that other Congressmen are In the same fix, and that Mr. Farquhar, of New York, for instance, wonld find it ditlicult to prove his caturaiizitlon, because tbe court records were burned in the ChiCC0 fire ecdhisowu paper? weie lost during the wsr. There is no similarity between tbe two cases. The court record having been destroyed, Mr. Farqunar would have a perfect leeal right to prove the record by oral testimony, but in White's case tbe records of tne Alien County Courts aTe intact. The truth a. there ntvr wss a rf cord cf bis naturalization u, is rcveD. Tbisisthe way White r: cae Stat?? before the Committea as it is uiade up.

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