The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-02
PLEADING FOR A NEW TRIAL
Captain Black Begins His Argument on
Behalf of the Chicago Anarchists,
And Presents Some of the Points on Which He
Bellies for Securing a New Hearing for His
ClientS--A Rebuke from the Court

CHICAGO, Oct. Hearing of the motion for
q new trial in the case of the seven condemned
Anarchists, under sentence of death for their
participation in the Haymarket slaughter, was
commenced before Judge Gary, in the Criminal
Court, this morning Captain Black, on behalf
of the condemned men, offered an affidavit
which delared that Special Bailif Henry L.
Rice, who summoned nearly all Of the panel
from which the jury was obtained, had made
remark to a merchant named Favor, on Wabash
avenue, to the effect that he 'knew his busi-
ness" and was selecting men who would hang
the Anarchists. The Attorney asked that Mr..
Favor and a man named Stevens should be
summoned into court and questioned as to the
alleged remark.
The States attorney expressed surprise that
the counsel for the defense should make such al
legations without first informing him of their
purpose to attack an official of the court
The court replied to Captain Black that there
was no date attached to the affidavit. The court
also said there was no precedent for taking oral
proceedings at this stage of the proceedings, and
oyerruled the motion to summon the persons
named.
The counsel for the prisoners then read the
motion for the new trial, which has already been
printed. This embodied an affidavit by T. j.
Morgan to the effect that he had heard juror
Denker declare, shortly after the Haymarket
m eeting that the whole crowd of Anarchists
ought to be hanged. An affidavit by Michael
Gull also read. to the effect that juror Adams
had expressed himself to the afiant in about the
same language. An affidavit by E. A. Stevens
was also read which stated that Mr.. Favor, a
merchant had told him that Rice, the deputy,
had said that ''rhe Anarchists would hang as
sure as DEATH" The afidavits of A. p. Love
and Orrin Blossom were then read, declaring
that they had seen the witness Gilmer in a
saloon on VanBuren street before and after the
bonb-throwing. This affidavit was to impeach
9ilmer, who Swore he saw Schnaubelt throw the
bomb. The affidavit Of the Indianapolis saloon
keeper, j. p. DeLuse, was then read, citing the
fact of the presence of mysterious stranger in
his place, a few days before the bomb-throwing.
who intimated that trouble would occur in Chi
cage.
Mr. Zeisler, one of the defendants counsel
made an affidavit that juror Cole had taken notes
during the trial, which was contrary to law.
The prisoners were in court during the fore
poon. They all showed the effects of their i'm
prisonment; Spies, Schwab and Fischer espe-
ciRlly, had very white faces.
Captain Black read to the court extracts from
States Attorney Grinnelrs closing address to
the jury. criticising what he termed the objec-
tionable and unlawful portions of it.
AsSlSLanJSLateS Attorney walker read several
affdavits on behalf of the prosecution, which
were filed this morning in reply to those previ-
ously presented by the attorneys for the defend
ants. Capt John Carney chief of the Evanston
police, deposed that Michael Gull, of Evanston.
who. in his affidavit alleged that juror George
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 worthless character un-
worthy of belief The affidavit of juror Adams
Is also given. 1t simply denies making the
marks attributed to him within the hearing of
Michael Gull.
Juror Denker denied saying in the presence of
Thomas j. Morgan that Spies and the rest ought
70 hang, but admits that he had an opinion
formed before the trial, though he had never
expressed it.
Albert T. Love and Orrn s. Blossom paint.
ers, furnished afidavits to the States attorney
this morning repudiating the sworn statements
given by them 90 Salomon and Zeisler regarding
the witness Gilmer, and adding that they lad
been paid for making the same out of a ninety
dollar cheek drawn on the International Bank by
Messrs. Salomon and Zesler in favor of Louis l..
Smith. They stated that they received $50 each
out Of the said check. Mr.. Zeisler said that his
firm gave Smith such check in payment for
services as private detective in looking up Gil