Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-10-02
THE ANARCHISTS.
, ,efrVgNT BEFORE JUDGE GARY FOR
ANEW TRIAL
-. r5,cago Dyaamiters-AfidayiS mpeaching
-. Ig,.rs-A Motion 10 Postpone the Hearing
p,asei 8y Judge Gay--AttOnsy
Blacks Plea.

,.r.,Go. October 1.-The hearing OF
,,,,ion for new trial in the case OF
....r,, condemned Anarchists, under
Il .,.,.,. of death for their participation In
/ rlvmarket slaughter, was commenced
..~,. rudge Gray, in the Criminal Court,
morning, Capt. Black, on behalf Of
a ,,n5rmned men, offered an affidavit
4 ,;.b declared that Special Bailiff Henry
4 Pie who summoned nearly al Of the
.nl from which the jury was obtained,
& ,,Je remark to n merchant named
4, .,.,- nm Wabash avenue, to the effect
Il ~, b,. knew his business, and WAS Sc
4 ann, men who would hang the Anarch-
4 The attorney asked that Mr.. Favor
~ a man named Stevens should be sum
A -,rr3 into Court and questioned rs to the
4 ,esrd remark. -;,.
4 The states Attorney expressed surprise
-, rh,. counsel for the defense should
4 t,y,Surh allegations without first INFORM
4 him of their purpose to attack an Of
4 gr of the court.
4 ~. reading of the affidavit WIS then
.rrBrJ after which the court took "A re-
r. e.'"'''''' ''',, ..,.,, =, ,,,,,,
4 ,r,,nr the aflidavits were two OF men
nm, the name of Love and Blossom,
b.. hive sworn and subscribed that on hee
4 ~, nf Nav 1 last Henry Gilmer, the in
1 [-,-,y,rtihle witness IN the famous trial
1 y. IN their company in a saloon at the
4 mr. rf Van Buren, and HalStead streets
4 an, ,b,ut : o'clock until 10 or after and
L., II MS therefore, impossible for him
A 5,yr h,rn where he SwOTe he WI sat
IN. U,ymarket meeting. Like Gilmer,
4 md blossom are said to have been
4 .r,,r, tiilmer. it viii be remembered,
a -.,re that he went 10 the meeting early To
4 , friend with whom he had an appoint
4 ,sr, While looking for his friend he
4 ava suspicious trio IN the alley behind
an, Brothers building, and he watched
ts.ir movements closely until he saw one
4 ,hru. spies, light the fuse OF the bomb,
-. orbcr Schnaubelt, hurl il at the
Il ,.,.nr pllirr. He was very positive M
+ Identification Of both Schwab and
&, pninting out the latter in the court
,m S.hnaubelt he identified by n pho
4 f,~ph " h.rh waS in the possession OF the
4 #.,. gnI'waS handed him on the stand.
STATES Attorney t;riunel says the Gaiii-
Iy,t, .,rr intended 10 impeaCh the teStl-
.n,nf t;rImrr. but ne i confident they
4 E,Ir .in nothing Of the kind He suspect
4 .,,nrrhiu. wrong from the beginning,
~ lu3pu !ir~t seeing the ath hvlts sent
- rl.. t,y, m,n. Love and Blossom, and
4 r.,,,nnrl them closely. The former, who
4 ,r,,.I IN his affidavit that he knew Gil
. \ -r f,r fifteen years, broke down and con-
|,,I I'm, he lid not know him ut all and
--r m. affidavit WAS false in every par
Mar. tie SIjd tint he had been induc-
i 20 make il by SO-Called detective en-
.,.l i'm hunting evidence for the Anarch-
i, defense. under promise Of rich re-
Z g,nI Blossom stuck to his story, and
|yba1 confronted with Loves confession
&srr,rI tpaSSume that Love had been scared
| .-i in,imid Ited into re racting what ht
Knew 10 he lrue. The detective also, IT Is
kfd I'M. weakened. and confessed that he
\ i-.nr!ly imposed upon the lawyers Tor
\ H.. Ir.ruSe in the hope Ot making rich
>rru. money. Every endeayOr was made
\ .a ,gaDrrSS the facts until the case was re-
7eYri. The latcneSS Of the hOUrat VIII;
4 .5a ,rnry leaked ont, and then only IN two
~g,,nn~ made u impossible TO farther look
-.u -h,. records OF Love and Blossom.
There is little probability OF the motion
-.n, .rlntcd in behalf OF any Of the priS-
ler, The day of execution will
- - for some time between December lSt
. aI 18th. bat this will BE- simply form
..,y. IL execution will be stayed pending
1r appeal tu the Supreme Court.
Captain ElacS dweit ut length on
TWO POINTS.
Fir>t. That the States attorney into
/ lis rIuSiu. argument substantial matter
ao, referred To previously during the
ral.
second. That the evidence submitted
BIS th.. prosecution WAS detective IN failing
" prove who the principal was. Captain
Black held that the evidence, to be sutti-
l,nt against the accessories, should have
,rn ~ unmistakable against the principal
Is ty secure his conviction, had he been
PRESENT in court.
Thr senior counsel for the Anarchists
AI not concluded when the court adj
ou'ard Further hearing was deferred
until Monday.
PuSrPONESIENr DENIED.
C,p,ajn Black urged the court to grant
aprrppnrment of the arguments on the
motion when all the afiidavitS had been
'elj and put in Us part Of the record, but
'plgc Uitry declined to grant it. Finally
be adjourned court until , p. m, mt whlc'
TINE be sud he would give his decision on
The matter of the poStponement. At : p.
II. JUl- Gary asked for that part OF the
4 record referring 90 the examination Of Mr.
Decker - a Juror. Mr.. solomon handed
am the record. which he proceeded to
COX over for his own satisfaction.
"D0tS Your Honor grant us further time
m prepare atlidavitS regarding Gull repu'
h'on:' asked Captain Black filing an ath'
lIyit on the subject. The Court said, alter
agood dralm talk about prOducingmorC
Contradictory affidavitS. Captain Black
asked whether the argument could not 20
over till next Tuesday.
will not consent to that" the States
attorney Said.
The court refused to granr the contlnu'
aace and Black took an exception. The
captain made an argument, saying he had
AHSht 10 answer the impeachment afida-
VIZ hlei by the States Attorney, and be
Pnpg>ed To secure the benefit OF that night
10 The higher court Capt. Black then began
The OPENING ARGUMENT
On 4 motion for new trial He devoted
l'lfr.i particularly To the argument toT
'ae state made by the State Attorney,
when he cL med was improper, and cal
't"led 10 leave a wrong impression on the
:, G'HI> Of the jury He complained that
'I "rnnell had told the jury that the
".'ee had discovered bombs in the city OF
SaicJsO sufficient 20 destroy it and that
Believed these bombs were aimed at
.1s h'eS OF the jurors. He also objected
" Tue statement made in the presence OI
|T Jury, that the counsel for the defense
.1' admitted that Mr.. Ingham's argu-
~ Csu' was uuanSwerable. The statement,
SaPC''n Black claimed, had produced an
81 ~ Si;ls'r>Sion upon the jury prejudicial tC
"s T!'ehtS. The counsel during the course
y. !. Ills speech was rebuked BY the court in
,us Instance for making wrong statement
''Peenng a ruling made by the court.
GERMANS PROTEST