Telegram-herald., 1890-02-08
A WRIT OF ERROR.
II Is Granted IN the Case % An
arcaist Fleldsn.
his Attorney SCORES A POINT
Ihs Uaitsd states sapreme Court 70 De
slds ~ Co whether the Prisoners
Constitationsl Privileges Esve
Bsel Violated.

IeurNG FoE FIELpEN
SrRIS1FIELD. ia, Feb 7-Chief-Jus-
tice shope. of the Illinois Supreme
Court has gran.ed q srlt of error Ia the
ease OF Fleldeu and Schwab. the im-
prisoned Anarchists ia order that the
question oi she night of tho condemned
men ~ lee personally present in court
when The decision " the State Supreme
Court Was rendered may be determined
The granting 0f the writ : = duty de-
vol ~ upon the Chief Justice OF TIE
Supreme Court Of the State and he
does SO not because ne is convinced the
rulings of the State court are incorrect,
but because be is not prepared 70 say
Federal question is not involved and
because he desires 70 relieve the State
cour, of the olium % standing in the
way OF allowing Justice 20 be done.
This question has never before been
raised in the annals Of the country, and
hence the action Of the United states
Supreme Court viii be eagerly awaited.
Should it decide that the r,ght exists
10 prisoners 70 be present in the
State Supreme Cour: when final iudg-
ment is passed, then not only Fielden,
Schwab and Necbe get new trial. but
Spies Parsons, Fischer and Engel ille-
gally suffered tho death penalty. and
every inmate - the prisons Of the State
whose case has received an Affirmative
Judgment in the State court without the
prisoner being present in person has
been illegally imprisoned.
While Lawyers c0nversant with the
case in all It's details do not fear or an
ticipatc any such determination Of the
case as this. yet tho fact that there is
possibility Of just such a termination
remains and must not be lost sight Of
and it may be said the condemned An
archists 40 Joliet can still entertain
some hope of again breathing the air of
freedom.
Attorney Saionon said yesterday tnat
the case would come up for preliminary
hearing at Washington at the October
term of the United States Supreme
Court, and that strenuous efforts would
be made 70 have the case set ahead on
the docket 50 that an early hearing
could be had.
The belief chat should the Federal
supreme Court decide that the Su-
preme Court Of Illinois had violated
a constitutional privilege OF the
prisoners by not having them present
when sentence was affirmed a retrial
would be granted is wrong. The most
that could be done would be for the
State Supreme Court 10 correct its error.
If it has committed one This il could
Il h~~ IN - .
from the penitontiary into the
courtroom and resentenced. If
this is done the prisoners
will be worse OF than they are now, for
the original sentence was to be hanged.
and it was commuted by Governor
Oglesby. Should the court nov reafirm
the sentence Governor Fifer might not
want 70 interfere, and in that case the
prisoners would go TO the scafOld.
Moses Selonon Of Chicago, was one OF the
attorneys who assisted in the defense of tho
Anarchists. While hope died within the
breasts Qf his associates when Spies aud ais
companions were swung into eternity az the
ropes end Salornou has lever dospaired Of de
vising some means Of gaining FOR Fielden and
Schw0b their liberty, and he has heen az work
for nearly MO years 20 do this
Al the March term. lsSS, Of the State Su-
preme Court Solomon moved the court 20
amend the record Of the Judgment entered
in the case Of Spies e al The People by
striking out tho recital therein contained; ;
"On this day came again the parties. ETC.
and 10 50 change and alter the record that IL
should appear on the face thereof that a.
'he time the judgment in that case was
rendered none of the plaintiffs ia error were
IN fact present This proposed amendment
OF the record was 20 make II appear that the
prisoners bad been deprived Of an important
constitutional right that Of being present
when 'he court rendered Gnal judgment affirm
ing the judgment OF the criminal court Of Cook
County -contendng that without their pres
ence such Judgment could not he prouOunoed.
ara supported this position by reference 20 that
portion OF the fourteenth amendment To the
constitution which declares,
no state shall make or enforce any law
which shall abridge the privileges Or immuEi-
ties Of citizens % The United states. nor shall
any state deprive any person - lifc. liberty or
property without due process y law. nor deny
70 any person within its jurisdiction the equal
f protection of the laws"
This motion was overrulcd in September. fsSS.
uron the ground that the amendment would
DE in derogation of the Judgment and that a.
the motion was not made until term % court
subsequent 20 The term when the judgment was
rendered The court had lost Jurisdiction that
the right 20 be present iu The Appellate court
dlt not exist. 1r1 thai tho amendment n maHe.
would be inconsoqueutial aud would not arect
the rights of the parties
IN March 1889 motion was made Tor leave 20
amend The original motion. which was SUP
ported ny afidavits that he prisoners we're not
present when the dnai judgment was entered
This motion was ovcrruled ard rehsarlnf 40
nied Leave ans then aslret to tender bill %
exceptions eubodving fhe several motions an
davits and rulings ~ She court thereon which
WAS also denied
Failing 20 Secure rho desired relef in the
State Supreme court fielden presents pets
t.on Tor a wt't of error from fhc supreme
Court of fle United states Ca fhe state Sr
p~em> Crurt upon fhe ground thai Fcdsrsi
Question Is involved as fhe prisoners have
been denied constitutional right The
question ~ aUeui.ng 'hr record bad prcv
ous.v n~rn rroraAt fH The attention % ihs
Federal cocr vb'ch bella fhat IS Rad nd
pIr'el.stlon ovrr tht matter. che record sho~
tnR pc 30 aas stands that the prisoners we're
present ln ronrt auf that the record must H-si
hr amrrdr4 In the STATE CONT and fhrr 90
wra't 30 time enough fur fhat coart fo consider
whether a F~trrai Question vas involved ef
uet Tho state court rsfusing 20 allow fhs
an.-n. .i.rrrf fhe matter wt nsv 80 before trs
Fad-fsi Ccprf to a. res-r3 npne
WATERS SLOWLY PECEDiNo.
Nr Frs~. ~ Further Damage ~ Pornsna
q.