The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1886-12-03
THEIR LIVES PROLONGED.

Chief-Justiee Scott, of tho Illinois Supreme
Court Grants Supersedeas in the Cases
of the Chicago Anarchists - This VIII
Delay Their Execution for Three Months
at Least, and May Result in New Trial.
BLooMINGToN, H.. Nov. 26.-Chief- Justice
Scott of the Supreme Court granted
gupersedeas in the Anarchists case yester-
day morning. He reached his room in the
courthouse from his residence between
eight and nine o'clock. An hour later he
sent for Captain Black, Mr.. Solomon and
Mr.. SWEET and announced to them his de-
cision. He then wrote out the following
order and appended it to the huge record:
after inspecting the foregoing transcript of
the record, the undersigned, one of the Justices
of the Supreme Court of the State, is of the
opinion that there is reasonable ground for
granting the writ of error applied for in the
cause. 1t is therefore ordered that q writ
of error be granted in this cause, and it is
further ordered that the writ of error here
in ordered to be issued be super
sedeas as to each and every one of the plaintiffs
In error-Viz., August Spies, Michael Schwab,
Samuel Fielden, Albert r. Parsons, AdOlph
Fischer, George Engel Louis Lining and Oscar
w. Nebee-and shall have the effect as provided
in section !, division 49, criminal code, revised
statutes 1874 pages 414, to stay the execution
of the Judgment pronounced by the criminal
court of Cook County against each of afore-
sad plaintiffs in error until the further or
der of the Supreme Court in this cause It
further ordered that the Clerk of the Supreme
Court in the Northern DIVISION upon the filing of
this transcript of the record in his office, shall
immediately issue the writ of error as a super
sedas as herein ordered, in accordance with the
provision of the section of the statue above GER
titled.
Done at Bloomington this 25th day of No
vember, A. d. 1885, JOHN M. SCOTT,
'Chief Justice of the Supreme Court
Mr.. SWEET started for Chicago on the two
o'clock train, and Captain Black and Mr.
Solomon left at the same hour for Ottawa
going by way of Joliet, and taking with
them the record and order for supersedeas,
that they might file them with Clerk Tay-
lor of the Supreme Court and get from him
the writ of supersedeas. Captain Black
had already telegraphed a request that he
be i'll his Office between eight and nine
o'clock
OTTAWA, ILL.,, Nov. ga few minutes
after midnight Clerk Taylor issued the for
NAL writ of error in the case of the Chicago
Anarchists, in accordance with the order
of Justice Scott.
CHICAGO, Nov. 26.-Hon. Leonard SWEET
arrived from Bloomington last evening. In
answer to questions regarding the Anarch-
ist cases he said they would come up for
hearing at the March term of the Supreme
Court at Ottawa. The full bench is as fol-
lows:
John M. Scott, Chief Justice, Bloomington,
Mclean County, and Justices Benjamin r.
Sheldon, Rockford, Winnebago County; John
Schofield, Marshall, Clark County; John I'll.
Mulkey, Metropolis, Massac County; Alfred M.
Craig, Galesburg, Knox County; Simeon P.
Slope, Lewiston, Fulton County, and Benja-
min D. Atagruder, Chicago, Cook County.
Attorney General Hunt, States Attorney
t5rinnell and probably Mr.. Ingham will ar
que the case for the State. Mr.. SWEET,
Captain Black, Mr. Zeisler, Mr.. Solomon
and probably Colonel Ingersoll will address
she court for the Anarchists. Nearly all of
them will also present briefs,
It will be among the first cases called,
Mr.. SWEET says, and will be disposed Of
promptly. After the arguments the court
will take the issues raised under advise
ment for perhaps two months, and then
render decision, SO that the fate of the
case in the Supreme Court will not be
reached until the last of April, or pos
sibly not until May The decision of the
court will be either to sustain the
verdict as it now stands, in which case
the executions will be ordered and the
day fixed or to the effect that one, some,
or all of the defendants, are not proven
guilty according to the record. In the lat
ter case new trial will be ordered for
those so found not guilty. Mr.. SWEET ex-
planned to the reporter that new trial
might be ordered in the case of some, while
in regard to others the verdict might be al
lowed to take its course. He did not give
this as his opinion as to what should or
would be done, but that the law would adj
nit of that disposition of the case. If
the verdict should be sustained there
would be no further redress. A rehearing
was out OF the question, and the case could
not be taken to the Supreme Court Of the
United States. If, on the other hand, the
verdict should be set aside, and a new trial
in the lower court should result in another
conviction the case, in that event, could
once more reach the Supreme Court in the
same manner in which it has been taken
there in the present instance.
When asked what significance Chief
Justice SCOTS present order had as to the
final disposition of the case, Mr.. SWEET said
two grounds had to be established with the
Judge before supersedeas could be
granted. The first was that he must be
satisfied that there had been an error COM
mitted, and must be convinced, beyond
reasonable doubt, that there had been an
improper conviction. The length of time
which Justice Scott devoted to the case
amounted to nothing That was only be-
cause the record was much longer than
any that had hitherto been laid before
Supreme Court Judge in criminal case.
States Attorney Grinnell said: II have
nc apprehension that the result will be diff
ferent than announced by the lower court
The granting of the supersedeas has no
significance as to the final result. This
case is peculiar, and more important to this
State and the Nation than any we ever
tried in this country. That alone would in
duoe all law-abiding citizens to desire that
the Supreme Court of our State should
carefully review the case.''
General W. Fl. Parsons, brother of A. R.
Parsons, one of the condemned men, was
the first to carry the tidings to the prison
ers in the county Jail. They received the
news with an air of apparent relief. A
caller upon them later in the day found them
in good spirits Most of them had expected
the granting of a supersedeas, and all
moved from the prejudice existing in this
city would result in an acquittal for them.
Fatal Railroad Wreck Near Pittsburgh.
PITTSBURGH, Pa, Nov. 26.-The through
express on the Cleveland & ttsburgh rail
road which left this city at IL :25 Wednes
day night ran into a freight train which had
stopped for water at Conway's Station,
twenty-four miles from Pittsburgh
on the Fort Wayne road, shortly
after midnight, derailing the Ca
boose and two freight cars and
the engine of the express train. Fireman
Harry Burkshaw, of Cleveland, was hurled
from the cab and killed. Engineer Hank
Shannon, of Bedford, O., was also thrown
from the cab and seriously but not fatally
injured. Baggage-master Jacob Allen, of
this city was thrown across the car. break
ing several ribs and badly bruising him.