The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-26
THE ANARc HIST CASES.
Judge Scott Grants Supersedeas Points
the Defense Desire to Argue,

BLOOMINGTON, H., Nov. % AT IL o'clock
this morning Judge Scott granted the super
sedeas in the Anarchist cases. Messrs. Black,
SWEET and Solomon started at once to Ottawa
20 have the clerk issue the order in pursuance
tQ JUDGE ,scotts instructions, The effect of the
order for the supersedeas will he to delay the
execution unit! the full bench of the Supreme
Court has passed upon the questions raised for
new trial. 1t is estimated that in the ordinary
course of procedure, hearing and decision can
not be reached FOR elk or eight weeks, and that,
even though the lower court is sustained, the
sentence cannot be carried out until some time
in March or April.
The points made in the brief in behalf of the
Anarchists, which the attorneys desire to argue
before the Supreme Court, Thrones raised
during tho trial, and argued before Judge Gary
on the motion for new trial--tha. the Judge
allowed jurors to try the case who admitted on
examination they had formed opinions; that he
ruled that the juror under examination was not
disqualified, even though he had fixed opinion
at the time of the examination that would re-
Guire evidence to overcome, provided he would
swear he could render fair and impartial YER
dict; that where the proposed jurors admitted a
prejudice or bias against Socialists, Anarchists
OF Communists, the judge refused to allow coun-
sci for the defendants TO ask whether the preju-
dice was such rs to materially effect the weight
ghey would accord to the evidence of the de-
PENDANTS if it should appear that they or some of
them Socialists, Anarchists or Com
Bunists; that they refused to allow
challenges for cause on account of such preju-
dices that the bailiff selected men unfavoIa able
to defendants, so that their peremp;ory chal-
lenges might be sooner exhausted; that in giving
instructions the court proceeded upon the theory
shat the defendants might be convicted without
the State being obliged by legal evidence to
Identify the principal or to show that the de.
PENDANTS had advised or even had knowledge of
the commission of the particular act by the
principal; that the court refused to give any
obstruction allowing the jury to consider whether
the unknown bomb-thrower might not have
thrown the bomb under some sudden provocation,
by reason or supposed anlawful attack of the
police upon a peAcea6e and lawful Assem- blage:
that there be no conviction of an accessory
without the Identification of the principal. and
shat the instruction given by Judge Gary on his
own motion in which he undertook to sum-
narize and condense all the instructions in the
Inse, improper and fatally defective
Judge Scotts order granting the supersedeas
Is purely formal. Without going into any par
siculars or giving any reasons he simply certifes
that in his opinion, there is reasonable ground
, for granting the writ"
The attorneys for the Anarchists appeared al
Ottawa to-day, bnt did not demand the immedi
ate issning of writ. there being some doubt as
TO the legality of taking such action holi-
Say. When the holiday had ended one minute
after midnight the record was filed and the GER
tified writ issued
The news was received by the condemned men
quietly, with some expressions of pleasure. but
few of surprise. They treated the supersedeas
as a matter of course and said little, except tc
intimate an increasing belief that the Illinois
supreme Court would grant them new trial.
though they admitted having been still more
confident that Judge Gary's rulings would be in
hsir favor.