The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-29
No, Is East Washington Street
THE CHICAGO ANARCHISTS.
Points Which the Defense Will Urge as Rea-
sons for Granting New Hearing.
STAND UNRIVALED.

CHICAGO, Sept 28-The written motion for a
new trial in behalf of the doomed Anarchists,
and the several afidavits in support of it, were
taken to the States attorney to-day. The mo-
ton cites the following to sustain the motion:
Frst-The verdict in said court is contrary to the
law and evidence
Second-There is no evidence in the record support
ing or justifying said verdict.
ThirdThe court erred in giving the several nstruc
tions asked and given behalf of the people.
Fourth-The court erred in refusing to give the
era instructions which were asked on behalf of the
defendants and refused by the court.
Fifth-The court erred in admitting improper, in
competent. irrelevant and immaterial testimony of
fered on behalf of the people.
Sixth-The court erred in excluding certain testi-
mony offered in behalf of said defendants
Seventh-The trial of said not had before
the verdict therein rendered by, impartial
jury.
Eighth-There was misconduct upon the part of
the officers of the law in the selection and sumnoning
of the jury in said cause, that the persons
moned under the various special venres issued in said
cause not impartial jurors but summoned
prejudces against the defendants. and for the pur-
pose of insuring conviction of the defendants in said
cause.
Ninth-There is newy-discovered evidence touching
the issues involved in the said cause.
Tenth--The closing argument of the States attor
ney improper in its statement of substantative
matters not in evidence in its appeals to the preu
dices and passions of the jury its msstatements of
the issues and in its abusveness towards the defend
antS-all having natural tendency to mlSead the
jury, and prevent fair and impartial verdict
Eeventh-The court erred in its several rulings
to the qualifications of jurors and their competency,
and in refusing to allow defendants to ask of the
jurors certain questions proposed to be put them
and ALSO in allowing to the State than twenty
peremptory challenges in the cause.
Twelfth-The court erred in modifying the instruc-
tions asked in behalf of the defendants.
Thirteenth-The court erred in overriding the mo-
tion of the defendants-Spies, Schwab, Fielden and
Neebe-for separate trial
aipbf 90 1n6 ;,S 30
the motion. John Sorrell made affidavit that
he was not an Anarchist, and that on Sun
day morning following the 4th of May he had
heard juror Randall say. in reference to Spies,
Fischer, Felden, Parsons and others, that they
ought to be hung.
The defendants themselves set forth jointly
that, since their trial, certain evideuce-such as
the affidavit of Deluse, and reports OF opinions
expressed by the jurors-has come to their
knowledge, and they will be better prepared for
a second defense.
John Philip Deluse saloon keeper at Indian
apolis, whose story was printed in the papers at
the time be first made it public, asserts and
swears that at o'clock on morning in May of
this year, an unknown man, wearing mustache
and dressed in dark clothes, came to his place,
and, setting small satchel on the bar, asked
for drink. Taking his whisky the customer
said he came from New York and was on his way
to Chicago Speaking briefly about tho pending
labor troubles. the stranger closed with the re-
mark that the saloon-koeper would shortly hear
of trouble in Chicago. Pointing to his
sache he continued, II have got
something in here that will work You
will hear of it." Turning at the door as he de-
parted, the unknown emphasized: ''You will
hear of it SOON" Shortly following this episode,
the news of the Haymarket tragedy reached De-
luse. The deponent appeals to a certain Oscar
Sputh as witness to this strange conversation,
and this individual follows in an affidavit to the
truth of the statement.
Jacob L. Bieler, of Indianapolis. testifies that
he heard Sputh tell, on last Saturday, of the in
cident with Deluse's strange customer, back in
May.
Thomas j. Morgan, a reputed Socialist, de-
clares 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
hanged" Morgan swears that Denker made
this statement at Woodlawn, on May 5, in dis
pute concerning certain portrait of Spies in a
daily newspaper and its resemblance to the orig
inal.
Thomas S. Morgan the son of the foregoing
deponent. upholds the truth of his fathers afi-
davit.
The counsel for the defense promise an affida-
Wit an early date mpeaching juror Cole.
States Attorney Grinuell, in speaking of the
motion, said the impeachment of the jurors will
Eot av2il, and that the Deluse affidavit, which is
the main point of new evidence, is little more
than buncombe.