Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1886-10-09
ASKING A REHEARING,
The Anarchists Before Judge Gary Asking
A New Trial,

seven condemned anarchists, in the Hay
market slaughter, was commenced before
Judge Gary in the criminal court this
morning. Captain Black, on behalf of the
declares that Special Ba;if Henry L. Rice
who summoned nearly all the panel from
which the jury was obtained, made the re-.
mark to q merchant named Favor, on
Wabash avenue, to the effect that he 'knew
his business" and was selecting men who
would hang the anarchists. The attorney
asked that Mr.. Favor and a man named
Stevens be summoned into court and Ques-
toned as to the alleged remark. The states
counsel expressed surprise that the counsel
for the defense should make such allega-
tons without first informing him of their
purpose to attack an officer of the court.
The court replied to Captain Black that
thele was no date attached to the affidavit.
The court also said there was no precedent
for taking oral testimony at this stage of
the proceedings, and overruled the motion
to summon the persons named. The cOun-
sci for the prisoners then read q motion for
new trial, which has already been printed.
This embodied an affidavit by T. j. Morgan,
to the OBJECT that he had heard Juror Denker
declare shortly after the Haymarket meet
ing, that the whole crowd of anarchists
ought to be hanged. An affidavit by Michael
Gull was also read, to the effect that Juror
| AQHIuS ndO oXpTc5S00 ululSclI IL tQ6 AJtlAut
in about the same LANGUAGE. An affidavit
by A. E. Stevens was also read, which stated
that Favor, merchant, had told him that
Rice, the deputy, had said that the ''anarch-
lists would hang, as sure as DEATH" The
affidavits of A. p. Love and Orrin Blossom
were then read, declaring that they had
seen the witness Gilmer, in saloon on Van
Buren, street, before and after the bomb
throwing. This affidavit was to impeach
Gi1poor uhO svuOro ha sow Schnon throw
the bomb.
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 forenoon. They all show the effects of
their imprisonments. Spies, Schwabb and
Fischer especially had very white faces.
from States Attorney Grinnell's closing ed.
dress to the jury, cliticising what he termed
the Objectionable and unlawful portions of
it.
Assistant States Attorney Walker read
several affdavits on behalf of the prosecu-
ton which were filed this morning in reply
to those previously presented by the attor-
neys for the defendants.
Captain Black urged the court to grant
postponement of the arguments on the mo-
ton when all the afidavits had been read
and put in as part of the record, but Judge
Gary declined to grant it. Finally he ad-
journed court until 2 p. m, at which time
he said he would give his decision on the
matter of postponement.
At2p p. m. Judge Gary asked for that part
of the record referring to the examination
of Denker as juror. Mr.. Solomon handed
him the record, which he proceeded to look
over for his own satisfaction.
"Does your honor grant US further time
to prepare afidavits regarding Cults reputa-
tion?" asked Captain Blecl.
II see no reason for granting further time
for filing an affidavit on that subject" said
the court.
After = good deal of talk about producing
more contradictory afidavits, Captain Black
asked whether argument could not 60 over
till next Wednesday.
81 will not consent to that" said the
states attorney.
The court refused to grant the continu-
ance, and Black took an exception. Cap
tain Black then began his opening argument
himself particularly to the argument for the
state made oy the states attorney, which he
claimed was improper, and calculated to
leave q wrong suppression 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 it, and that be believed these bombs
were aimed at the lives of the jurors. The
seniar counsel for the anarchists had not
concluded when the court adjourned.
CHICAGO, Ill, October The criminal
court room was crowded to-day when argu-
ments on the motion for q new trial for the
seven condemned anarchists were renewed.
Captain Black read copious extracts from
the queries propounded to the jurors, and
the rulings of tho court. The q. eaker
quoted numerous decisi 1ns in support of the
view that the accused should be accorded q
now trial, owing to the alleged irregularity
observed in obtaining jurors. The remain
der of Captain Black's argument Was de-
voted to the claim that the court erred in re-
fusing to grant separate trials, and prayers
ON behalf Of the defendants. Mr.. Salmon,
aasociste counsel for the anarchists, then
commenced speaking. he urged that the
evidence failed to support the indictments;
that tho state had attempted to prove three
different kinds Of conspiracy; that these
conspiracies were inconsistent with each
other. and that the evidenoe produced, If it
proved anything, proved only that con-
spiracy existed to incite . tumult. Mr..
row morning.
Plants should be laid to prepare the
ground to be planted with raspberries or
blackberries next spring this fall II the
ground . plowed at any time after this
and thorough cultivated sbou. the close
Of October, xspberries can Be planted
q soon . frot = out without replowing.
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