The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1886-10-07
THE CHICAGO ANARCHISTS.


| The Proceedings Looking to the Securing
of n New Trial for the Condemned Hay
market Murderers-The Grounds Upon
Which the Defense Rely to Maintain
Their Request-Alieged Newly Diseov-
cred Evidence.
| CHICAGO, Sept. 29.-The affidavits to
] support the motion for a new trial for
the seven condemned Anarchists have
been fled by their attorneys. The usual
plea is entered that the verdict is not
! supported by the evidence, and it Is also
urged that the counsel for the State en-
ployed form of argument which was
calculated to prejudice the jury. The
chief point urged, however, is the story
telegraphed from Indianapolis shortly
after the conclusion of the trial, to the
effect that a man entered a drinking
saloon in that city one or two days before
the Haymarket massacre, and exhibited
sachel intimating that a slaughter would
occur in Chicago in a few days. The
theory of the defense Is that this mysteri-
Gus stranger had quantity of dynamite
bombs, and that he is the person who in
all likelihood threw the bomb into the
which the jury was summoned, before
whom the defendants were tried, Is also
objected to.
Following are the counts in the mo-
ton:
l. The verdict in said court Is contrary to
the law and evidence.
3 There Is no evidence in the record sup
porting or justifying said verdict.
3. The court erred in giving the several in
struotions asked and given on behalf OF the
people.
L. The Court erred in refusing to give the
several instructions which were asked on
behalf of the defendant and refused by the
Court
incompetent, Irrelevant material testimony
offered on behalf of the people.
3. The Court erred in excluding certain
testimony offered in behalf OF said defend
ants.
:. The trial of the said cause was not had
before, nor was the verdict therein rendered
by:cr impartial Jury.
s. There was misconduct upon the part of
the oIScers of the law in the selection and
summOning of the jurors in said cause So
that the persons summoned under the vari-
Gus special venires issued in said cause were
not impartial jurors, but chosen with special
reference to their known or supposed pref u
dices against the defendants and for the
purpose of insuring conviction of the de-
PENDANTS in said cause.
9. There Is newly discovered evidence
touching the issues involved in the said
cause.
10. Inc closing argument OF the state At
torney was improper In Its statement OF
substantiative matters not in evidence; IN.
its appeals to the prejudices and passions
of the jury; in its misstatementS OF the is
sues, and in its abusiveness toward the de-
PENDANTS; all having n natural tendency to-
mislead the jury and prevent = fair and i'm
partial verdict.
IL. The Court erred in It's several rulings
as to the qualifications of jurors and their
competency, and in refusing to allow de-
PENDANTS to ask of the jurors certain queS-
tons proposed to be put to them. and also
in allowing to the State more than twenty
peremptory challenges in the cause
y. The court erred in modifying the in
structions asked in behalf of the defend
ants.
Il. TIL e court erred in Uverruling the mo-
tion Of defendants Spies, Schwab1 Fielden,
and Neebe for Sc parate trial.
There were eight afiidavits fled in sup
port of the motion. John Sorrell made
affidavit that he was not an Anarchist,
and that on the Sunday morning follow
ing the 4th of May he had heard Juror
Randall say, in reference to Spies,
Fischer, Fielder, Parsons and others,
that they ought 10 be hung.
The defendants themselves set forth
Jointly that, since their trial, certain evil
dence-such as the afiidayits of De Luse
and reports of opinions expressed by the
iurors-has come to their knowledge and
they will be better prepared for q second
defense.
John Phillips De Luse, a saloOn-keeper
at Indianapolis, whose story was printed
in the papers at the time he first made it
public, asserts and swears that at seven
O'Clock on a morning in May of this year
an unknown man, wearing a muStache
and dressed in dark clothes, came to his
place, and setting small Satchel on the
bar, asked for drink. Taking his whisky.
bn Of no
York and was on his way to Chicago.
Speaking briefly about the pending labor
trouble the stranger closed with the re-
mark that the saloon-keeper would
shortly hear of trouble in Chicago. Point
ing to his sachel he continued: 81 have.
got something in here that will work.
You will hear of it," Turning at tie
door as he departed the unknown EN-.
phasiZed, ''you will hear of it soon.n
Shortly following this episode the news
of the Haymarket tragedy reached De
Luse. The deponent appeals to a GER
tain Oscar Sputh as witness to this
strange conversation, and this individual
follows in an affidavit to the truth of the
statement.
Jacob L. Beiler, of indianapolis, testi--
fies that he heard Sputh tell on last Sat-
urday of the incident with DeLuse's
strange customer OaCk IN May.
Thomas J. Morgan, q reputed Socialist,
declares that he heard Juror Denker say:
alt don't make any difference whether 1t
is like him or not, he and the whole crew
ought to be hanged" Morgan swears
that Denker made this statement at
WOodIawn on May In dispute concern
ing a certain portrait of Spies in a daily
newspaper and it's resemblance to the
original.
Thomas S. Morgan, the son or the
deponent, upholdS the truth of
his fathers affidavit.
The counsel for the defense promise an
affidavit at an early date impeaching
Juror Cole.
State-Attorney Grinnell, in speaking of
the motion, said the imDeachm ent of the
jurors will not avail, and that the De
Luce affidavit, which is the main point
Of new evidence is little more than bun
comba.
Chief of Police Accused IF BlackmaI.