The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-02-11
ABOUT Tas ANARcaIsrs
Tbs Case Win Be TAKEN Before the
United states supreme Court.

4 A-4hEA 2A@--F1 , N0AIL-
FROM the Lou srills Goa. tsr-J1urndL
SPRINGFIELD. III. Feb S-Tae famous
case which culminatei il the hanging Of the
an irchIsts Is 10 BE- taken before the United
Stats supreme ccurt Tor review. LAWYER
Shannon Of Caicago. WHO hasseel identified
with the case from t1e beginning, has been
working Tor long M q try aud geu
Neebe, fle4de1 and Scawab out Z the peal
Tertiary. Tie TWO lasl-lamsi are in for
hie ami Nseoe on a dt.eo i-year sentence
For mon Is Salsmol haS been worSing t.
secure a. ams dne0r 4 the record 10 show
t-a- the prs 3nerS were ROT present in the
state sn9reme court " en- the Judgment IF
tie loH er court, which inflicted the death
penalty, was affirmed.
hen Ian yer al4mol returned TO Chi
ccgo las night he carried with him an
order from the chief Justice u the supreme
court granting a writ " error from the
U Mted state supreme court 10 tae supreme
court OF Illinois Tor the purp s. of allow
ing the case 70 again 90 before the court for
review
Saiam ms contention is that the prisoners
were deprived Of a c1nsitu ional right by
noi being permitted to BE- p.ess t vine tue
court pa SD sentences upon them. The court
mas refused TO allow an amend nent OF the
record, but not being sati fed apparently
bAl-e a AFNA0 AZ 4t>li2u IS not lQNOlNeu, ne
mas colsen ell 70 the federal court finally
determining the matter. The case will
ne up for hearing at Washington duri4 g
the Oct Der term OF court.
IhisquaStion has never before been raised
in the annals of the un-ry, and hence the
action of the United states supreme court
Will be eagerly awaited. Should it decide
that tie right exis S to prisoners to be pres
eat In tue state supreme court when fiual
1 d y Il SD ,1xr Eta1A
Scnwab and Neebs get a new trial, but
spies, Parsoas. Fischer aud Elgel illegally
suffered the death penalty, i'd every in-
mate OF the prisons OF the state whose case
has received an affirmative judgment In the
state urt without the prisoner being
present IN person has been illegally i'm
prisJnel.
States Attorney Longenecker, when
askei r his cplalon on the subject, said:
There's is noehing in it, for the reason that
the oefendan had their day in the court.
Iney had their constitutional right in the
criminal cour5 OF Cook county. The SUI
preme court simply passes on the case tried
IN the lower urt. 1t is simply a court of
review. There can be no ne v evidence in-
troduced for or against the petitioners, and
all the supreme court can do is to see If the
lower court committed errors, aud it can
not render final judgment 1t can only
reverse, and ii the errors are not such as TO
bar conviction they are remanded to the
| lwer court for trial. If t q higher court
aftirms it, it simply affirns the opinion of
the lower court aud direc it to proceed
with the execution of the sente zee.
I'm capital case, where The lower court is
affirmed, the supreme court fixes the day
Of execution. This is for the reason that
when a case is to BE- reviewed BY a higher
court the day fixed by the lower cour5 is
passed and a new day must be fix d.
About fixi the day of execution, the de-
feI dants nave no right to complain, as the
day may be exte ded six months or year
There may Ue cases in which the defendants
have right to be PRESENT in higher court
but n u hen the case originated in the
lower court"
"dave you never heard of prisoners
being present when the case was reviewed
by mig er court?
Never"
".Su pose the United States supreme
cour, upon reviewing the case finds that
tue state supreme cour5 erred in not having
the prisoner present during the hearing,
will 1t grant new tri1lY
''NoJ a bit of it. 1t will simply remand
the case to the state supreme court for re-
| hearing. The state supreme court will then
| have tue prisoners brought before the bar
while the case is reviewed. When the e.
| view is completed the court will confirm
| the sentence pronou ced by Judge Gary,
| which was that Schwab, Fielien, Spies,
Parsons, Engel, and Fischer be hanged, and
that Neebe be imprisoned for fifteen years.
| But there is not IN my mind th9 slightest
| probability of the United States supreme
court fl ding that the state supreme C )urt
erred. The whole thing i, the most ridicu.
| lous legal move | ever heard Of"
Leading Chicago lawyers, in interviews,
say that IN their judgment the imprisoned
anarchists can receive no benefit, whatever
| the decision OF the United States federal
court may be; that there is no claim of error
il the lower courts, and if the fe leral court
holds that the prisoners should have been
| present in the state supreme court when the
| sentence of the lower court was affirmed, its
effect will merely be to send the prisoners
| before that ibunal for reatfirm ton of
| the sentence of the lower court. The lower
| court sentenced them to be hanged, and if
the point is sustained they would have to
undergo that penalty unless they could
again prevail on the governor to commute
their sentences, as was done by the gov
| ernOr then in office.