The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-09-29
CHICAGO ANARCHISTS.
WRITTEN MOTION FOR A NEW
TRIAL FOR THE DOOMETJMEN.
The Points Brought Forward by De-
PENDANTS COunsel-Expect to
Impeach a Juror.

CHICAGO, ILL, September 2S.-The
written motion for a new trial in be-
half OF the doomed anarchists, aud the
several sffidavits in support of it, were
taken TO the States Attorney today.
The motion cites the following to sus-
tain the motion:
/. The verdict in eaid court is con-
trary to the law and evidence.
2. There is no evidence in the rec
ord supporting or ius.ifying said YER
dict.
8. The Court erred in giving the
several instruct 'ons asked and given
on teha'f Of the people.
A. The Court erred in refus ng to
give the several instructions which
were asked ON behalf OF the defendant
and refused by the Court.
5. Cbe Court erred in admitting i'm
proper, incompetent, irrelevant and
immaterial testimony offered on behalf
Of the people.
6. The Court erred in excluding Ger.
tain testimony offered in behalf OF said
defendants.
7. The tlisl of the said cause was
not had before, nor YVES the verdict
therein rendered by an impartial jury.
8. There was misconduct upon the
part OF the officers of the law in the
selection and sommoning OF the jurors
in said cause, so that the person sum.
moned uDder the various special We
hires issued in said cause were not i'm
partial Jurors, but were with special
reference to their known or supposed
Dreiudices sgainst the defendants, and
for the purpose of insuring convic-
ton of the defendants in sad cause.
8. There is newly discovered evil
dence touching the Issues involved in
the said cause.
10. The closing argument OF the
States Alto 'ney was improper in its
statement Of tubsta i've matters not in
evidence, in its appeals to the preju-
dices and passions of the jury, in it's
mitstatements OF the Issues and in its
abusiveness toward the defendants !;
all having natural tendency to mis-.
lead the jury and prevent fair and
impartial verdict.
II. The Court erred in its several
rulings as to the qua ificatiops of
jurors and their competency and in re-
fusing 10 allow defendants to ask OF
the jurors certain questions proposed
to be PIT to them, and also in allowing
to the State more than twenty pre-
emptory challenges in the cause.
IL. The Court erred in modifying
the instructions asked in behalf OF the
defendants.
13. The Court errsd in everything
the motion OF defendants, Spies,
Schwab, Fielden and Neebe, for q
separate trial.
There were eight sffidavlts fled in
support OF the motion.
John Sorrell made affidavit that he
was not an anarchist, and that on one
Sunday morning 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 hung.
The defendants themselves set forth
jointly that since their trial certain
evidence--such as the affidavit OF
Deluse and reports of opinions ex-
pressed by the jurors-has come to
their knowledge and they will be bet
ter prepared for second defense.
John Phillip Deluse, saloon keeper
at Indianapolis, whose Story was
printed in the papers at the time he
fret made 1t public, asserts and swesrs
that at 7 o'clock on morning in May,
of this year, an unknown man wear
ing a mousache and dressed in dark
clothes came to his place, nd tet,iI g
small sachtl on the bar asked for q
drink. Taking his whisky, the Gus
toner said he came from New York
and was on his way to Chicago.
Speaking briefly about the pending la
Dor troubles, the stranger closed with
the remark that the saloon keeper
would shortly hear OF trouble in chi
cago. Pointing to his sachel, he con-
tinuad: II have got something in
here that will work" Turning at the
door as he departed the unknown en-
phasized, "You will hear of it SOON"
Shortly following this episode, the
news Of the hay market tragedy
reached Delu g. The depouent APP
peals to q certain Oscar Sputh rs a
witness to this strange conversation,
and this individual follows in an eff.
davit to the truth OF the statement.
Jacob l.. Bieler, OF Indianapolis,
testfes that he heard Sputh tell on
last Saturday OF the incident with
Deluse's strange customer back in
Msy.
Thomas ]. Morgan, a reputed 80
cialist, declares that he heard Juror
Denker say: at don't make any
difference whether it is like him or
not; he and the whole crew ought TO
be banged"
Morgan swesrs that Denker made
this statement at Woodlawn on May
9th in dispute concerning a certain
portrait OF Spies in daily newspaper
and its resemblance 10 the original.
Thomas s. Morgau, son of the fore
going deponent, uphods the truth OF
his fathers affidavit.
The counsel for the defense promise
an affidavit at an early date impesch-
ing Juror Cole.
Sta'es' Attorney Grinnell, in speak
ing of the motion, said the impeach-
ment OF the jurors will not avail, and
tibet the Deluse affidavit, which is the
main point Of the evidence, is little
more than buncombe.