The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1886-10-07

ruled a motion TO summon the persons
named. The counsel for the prisoners
th sn read the motion for new trial.
which has already been printed. This
embodied an af1 iavit by 7. J. Morgan to
the e1feci that he had heard Juror Dem
ker declare, shortly after the Heymarket
meeting, that the whole crowd OF an
arcbists ought to be hanged An 8td-
davit by Hichsel Cub was also resd, TO
the effect that Juror Adams had express
ed himself to the ffiant in about the
same language. An sffi 1Avit by E. A.
Stevens was also read. which stated that
Favor, merchnnf, had told him that
Rice, the deputy, had told him that the
anarchists would hang sure as death.
The sffiiRvits Of 4. p. Love and
Orrin Blossom were then read.
declaring that they had seen witness
GIimer in . saloon on Van Buren, street
before and after the bomb throwing.
This affidavit was to impe3ch Gilmers
who sWoPe he saw Schnauoelt throw tbs
bomb. An affidavit Of an Indianapolis
saloon keeper, J. p. Deluce, WAS then
read, citing the facts Of the presence OF 8
mysterious stranger in his place few
days before the bomb throwing, who in
timAted that trouble would OCCUR In
Chicago. Zeizler, one OF the defendantA'
counsel, made an affidavit that Juror
Co had taken notes during the trial,
which was contrary TO law. The prison
ers were in court GurInG the tort noon.
They all showed the effects OF their im-
prisOnment. Spies, Schwab and Fischer,
especially, had very white faces.
Capt. Black read 10 the court extracts
from States Attorney GrInnell's closing
address TO the jury, criticiZinR what he
termed the Objectionable and unthought-
full portions OF 1t. Assistant States At
torney Walker read several sfhdavits on
behalf OF the prosecution which were
filed this morning, in reply to those pre-
viously presented by the attorneys for
the department.
Capt. Jno. Carney, chief OF the Evans
ton police, deposed that Michael Gull OF
Evanston, who, In his affidavit alleged
that Juror G. w. Adams told him prior
to the trial that the defendants all ought
to hang and that they were beggars in
this country who ought to be shot like
dogs, is q worthless character and IN.
worthy OF belief.
The affidavit of Juror Adams is also
given. 1t simply denies making the
remarks attributed to him within the
hearing OF Michael Gull.
Juror Denker denied saying in the
presence of Thos. J. Morgan that Spies
and the rest ought to hang, but edmits
that he had an opinion formed before
| the trial, though he had never expressed
it.
Albert P. Love and Orrin 8. Blossom,
painters, furnished GffidSvits to the
| states attorney this morning, repu 1iat-
| ing the sworn statements given by them
to SoIoman A. Zeisler, regarding the
witness Gilmer, and Hdding that they
had been paid for making the same out
/ of q $50 cheque drawn on the Interna-
| tional bank by Messrs. S0lomAn and
| Z aisler in favor of Lewis L. Smith.
They stated that they resolved $50 each
Of the said cheque. Mr.. 9isler said tina
his firm gave Smith such q cheque IN
dive in looking up Gilmer's whereabouts
on the fatal night, but not for the pur-
pose Of buying testimony.
Capt. Black urged the court to grant 9
postponement Of the arguments on the
motion when affiiavits had been put in
as part of the record, but Judge CAV
declined to grant it. Finally he ad-
journed court till 2 p. M, at which time
he would give his decision on the mattel
Of postponement.
At D. m. Judge Gary asked for thai
part of the record referring to the exam
ination Of Denker as q Juror. Mr.. Solo
man handed him the record which be
proceeded to look over to his own salts.
faction. E'Does your honor grant vi
further time to prepare affidavits regard
ing CULTS reputation" asked Capt
Black.
~ see no reason granting further time
for filing an affidavit on that subject,
said the court. After good deal Of tall
about producing more contradictory affi'
dAVits Captain Black asked whether the
argument could not go over till mex
| Tuesday. I will not consent to that, the
states attorney said. The court refused
to grant the continuance and Black tool
an exception. The captain made an ar
hA Aad fnh n
| answer the impeaching sfiidAvltE
fled by the states attorney
and he proposed to secure the
benefit of that right in the higher court.
Capt. Black then began the openin :
argument on the motion for new trial.
He devoted himself particularly to the
argument for the state made by the
states attorney which he claimed was
| improper and calculated to leave wrong
| impression on the minds of the Jury
He claimed that Mr.. Grinnell had told the
| Jury that the police had discovered
bombs In the city OF Chicago
sufficient to destroy il, and that be
| believed these bombs were aimed at the
lives of the jurors. He also objected TO 4
statement made in the presence OF tbs
| Jury that the counsel for the defence hAC
| admitted that Mr.. IDgham's argument
Was unanswerable. That statement, Capt
Black claimed, had produced an i'm
preston upon the jury preiudicial to hi
clients. The counsel during the course
of his speech was rebuked by the c0ur
in one instance for making q wrong state
ment respecting ruling made by tbs
| court.
Capt. Black dwelt at length on two
points: FIRST, that the states attorney in
troduced into his closing arguments sub.
| stantiAtive matter not referred to preVi-
ously during the trial. Second, that the
evidence submitted by the prosecution
was defective in failing TO prove who the
principal was. Capt. Black held that the
evidence, to be sufficient against the ac.
cessories, should have been so unmistak-
able against the principal as to secure hi
conviction had he been present in court
The senior counsel for the anarchists
| had not concluded when court adjourned
Further hearing was deferred unit
Monday.
| The Southwestern Pool.