Alma record. (Alma, Mich.) 1878-1928, 1886-10-08
REASONS FOR A NEW TRIAL.
On What Ground the Condemned Anarchists
Seek for Re- Hearing.

!
Seek for a Re-Hearing.
The written motion for "A new trial in be-
half of the condemned anarchists and tho
several aiHdavits in support OF IL have
been filed with the States Attorney. The
motion cites the following To sustain the
motion:
l. The verdict i'm said court is contrary
TO the law and evidence.
2 There is no evidence in the record
supporting or justifying said verdict.
s. The court erred In giving the several
instructions asked and given on behalf of
the people.
A. The court erred in refusing to give
the several Instructions which were asked
on behalf Of defendants and refused 10y the
court.
b. The court erred in admitting i'm
proper incompetent, irrelevant and i'm
material testimony offered on behalf OF
the people.
g. The court erred in excluding testi-
mony offered in behalf of said defendants.
I. The trial of the said cause was not
had before, nor was the verdict therein
rendered by an impartial jury.
;. There was misconduct upon the part
of the officers of the law III the selection
and 'summoning of the jurors in said
cause so that the persons summoned
under the various special vcnires
issued in said cause were not impair
tial jurors, but were with special refer
ence TO their known or supposed pre- iu-
dices against the defendants and for the
purpose OF lnsuring convention of the
defendants in said cause.
.. There Is newly discovered evidence
touching the issues involved in said cause.
10. The closing argument of the states
attorney was improper IN It's statement of
substantive matters not IN evidence, i'm its
appeals to the pre- ludlCeS and passions of
the jury, in its misstatements of the issues
and IN its abusiYeResS toward the defend
ants; all having tendency to mislead
the jury and prevent fair and impartial
verdict.
H. The court erred in it's several rulings
as 10 the qualifications of jurors and their
competency, and in refusing To allow de
PENDANTS 10 ask of the jurors certain
questions proposed to be put 10 them. and
also in allowing to the state more than
twenty peremptory challenges in the
cause.
r. The court erred in modifying the in
structions asked in behalf of the defend
ants
10. The court erred in overruling the
motions of defendants Spies, Schwab
Fieden and Neebe for "A separate trial.
There were eight atlidavlts filed in sup
port OF the motion John SOrrell made
affidavit that he was not an anarchist,
and that on one Sunday morning shortly
following the 4th of Nav he had heard
Juror Randall say IN reference To Spies,
Fisher, Flelden, Parsons, and Others that
they ought TO be hung. The defendants
themselves Let forth jointly that, since
their trial certain evidence-such as the
affidavit of Delusc and reports of opinions
expressed by the iurors-has come To their
knowledge and they will be better pro-
pared for "A second defense
John Philip Deluse, saloon keeper \
Indianapolis. whose story was printed in
the papers at the time he first made il
public asserts and swears that at O'Clock
on Il morning in Nav of this year an un-
known man, wearing "a mustachc and
dressed in dark clothes, came to his place,
and setting small satchel on the bar
customer said he came from New York
and was on his way to Chicago. Speaking
briefly about the pending labor trouble,
the stranger closed with the remark that
the saloon keeper would shortly hear of
trouble in Chicago. Pointing To his satchel
he continued II have got something in
here that will work. You Will hear of it,
Turning at the door rs he departed the un-
known emphasized; You will hear of IL
soon Shortly following this episode the
news of the Hay market tragedy reached
Deluse. The deponent appeals 10 n certain
Oscar Sputh as a witness To this strange
conversation. and this individual follows
in an affidavit TO the truth of the state
ment.
Jacob L. Bieler Of indianapolis testifies
that he heard Sputh tell on last Saturday
of the incident with Deluse's strange
customer back in May.
IhOmaS j. Morgan, reputed SOCIALIST
declares that he heard Juror Denker say
1T don make any difference whether IL
il like him or he and the whole crew
ought To bc hanged Morgan swears that
Denker made this statement at Woodlawn
May ia dispute concerning portrait
of spies IN "a daily newspaper and it, re-
semblance to the original.
Thomas - Morgan. the son OF the fore
going deponent upholds the truth Of his
father affidavit.
The counsel for the defense promise an
affidavit at an early date impeaching
Juror Cole.
the motion, said the impeachment of the
jurors will not avail. and that the Deluse
affidavit which is the main point of the
new evidence, Is little more than bum
combe