St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-09-29
THE DOOMED ANARCHISTS.
The Arguments Advanced BY Their
Counsel i'm the Demand for a New
Trs,

The Arguments Advanced BY Their
Trial.
CHICAGO, Sept. 28.-The written mo-
ton for new trial in behalf of the doomed
anarchists and the several affidavits in sup
port OF it were taken to the states attorney
to-day. The motion cites the following to
sustain the motion:
l. The verdict in said court is contrary
TO the law and evidence
z. There is evidence in the record
supporting or justfying said verdict.
.. The court erred in giving the sew
eral instructions asked and given on behalf
OF the people.
4. The court erred in refusing to give
the several instructions which were asked on
Dehalf OF the defendants and refused by the
court.
D. The court erred in admitting i'm
proper, incompetent, irrelevant and imma-
terlal testimony offered
ON BEHALF OF THE PEOPLE.
6. The court erred in excluding GER
tain testimony offered in behalf of said de-
PENDANTS.
Z. The trial of the said cause was not
held before, nor was the verdict rendered by,
an impartial jury.
8. There was misconduct on the part
and selecting Of jurors in said case so that
the persons summoned under the various
special VenlreS issued in said cause were not
impartial jurors, but were chosen with
special reference to their known or supposed
prejudfces against the defendants and for the
purpose OF lnsuring conviction OF the de-
PENDANTS.
9. There is newly discovered evidence
touching the issues involved in the said
cause.
10. The closing argument of the states
attorney was improper in its statement of
substantive matters not in evidence, in Its
appeals 10 the pref udces and passions of the
jury in it's statements of the issues, and
in its abuSiveneSS towards the defendants,
all having natural tendency to mislead the
jury and prevent fair and impartial YER
dict.
IL. The court erred in its several rulings
as to the
QUALIFICATIONS OF JURORS
and their competency and in refusing to al
low defendants to ask of the jurors certain
questions proposed to be put to them, and
also in allowing to the state more than
twenty peremptory challenges in the cause.
II. The court erred i'll modifying the in
structons asked in behalf OF the defendants.
Ii. The court erred in overriding the mo-
ton of Defendants Spies, Schwab, Fielden
and Neebe for separate trial. There were
eight affidavits filed in support of the motion.
John Powell made affidavit that he was not
an anarchist, and that on one Sunday morn
ing shortly following the 4th of May he had
heard Juror Randall say in reference to Spies
Fischer, Fielden. Parsons and others that
they ought to be hanged. The defendants
themselves set forth jointly that since their
trial certain evidence. such as the affidavit of
Deluse and the opinions expressed by the
jurors, has come to their knowledge and they
will be better prepared for a second defense.
John Phillip Deluse, saloOnkeeper at In
dianapolis. whose story was printed in the
papers at the time he first made it public,
asserts and swearS that at o'clock on
morning of May in this year ali unknown
man, wearing mustache and dressed in dark
clothes came to his place, and, setting small
satchel on the bar. asked for drink. Taking
his whisky the customer said he came from
New York and was on his way to Chicago.
Speaking briefly about the pending labor
trouble the speaker closed with the remark
that the saoonkeeper would shortly hear of
trouble in Chicago. Pointing to his satchel,
he continued Il have
GOT SOMETHING IN HERE
that will work. You will hear of it," Turn
ing at the door as he departed, the unknown
man emphasized ''You will hear of it soon.'
Shortly following this episode, the news of
the HaYmarl<et tragedy reached DeluSe The
deponent appeals to a certain Oscar Sputh as
a witness TO this strange conversation, and
this individual follows in an affidavit to the
truth OF the statement. jacob l.. Bieler, of
Indianapolis, testifies that he heard Sputh tell
on last Saturday of the incident with Deluse's
strange customer ] ack in May. Thomas j.
Morgan. a reputed socialist. declares that he
heard Juror Denker say: 'It don't make any
difference whether it is like him or not he
and the whole crew ought to be hanged"
Morgan swears that Denker made his state
ment at Woodlawn on MAY 5. in a dispute
concerning certain portrait of Spies in a
Qn6 resemblance the OrCi-
nal. Thomas s. Morgan, the son of the fore
going deponent, upholds the truth of his
fathers affidavit. The counsel for the de-
Tense promise an affidavit at an early date,
tmpeaching Juror Cole.
States Attorney Grinnell. in speaking of
the motion, said the impeachment of the
jurors will not avail, and that the Deluse
affidavit. which is the main point of the
new evidence, is little more than buncOmbe.