St. Paul daily globe., 1892-01-27
BUTLER'S ARGUMENT.
The Supreme Court Crowded t.
Hear the Old Warrior.

The Supreme Court Crowded to
Hear the Old Warrior.
WASHINGTON, Jan. 26.-Every seat
within the bar and in the space reserved
for spectators in the chamber of the
United States supreme court was occu-
pied today when the court met, and
crowds of persons unable to secure seats
stood around the loom. The unusual
attendance was the announcement that
Gen. Benjamin F. Butler would de-
liver the closing argument on the pro-
ceedings Instituted to secure the release
Schwab, who are now confined in
Joliet penitentiary for compile
ity in the Haymarket tragedy.
Attorney Genera Hunt. of Illinois, who
appeared for that state in the case, and
Moses Salomon, OF Chicago, who is as
sociated with Gen. Butler in behalf of
the anarchists, occupied seats within
the bar.
Gen. Butler, attired in evening dress,
began his argument by telling the court
that lie believed he could aid it by first
stating the exact case as 1t seemed TO
him to appear. The aged lawyer spoke
slowly, but not so feebly as he did when
argument in the case was heard last
week. Mr.. SaIomOn read all extracts
for Gen. Butler throughout the argu-
ment.
The general reviewed the cases from
the beginning of proceedings lmme-
diately after the Haymarket tragedy.
In his argument he'held that no sem
tence had been passed on any criminal
in England in an appellate or other
court without first being asked what he
had to say. The first sentence in cases
similar to that before the court could
not be passed, he said, because the time
for its execution had elapsed. The
second sentence could not be passed un-
less the prisoner was present. That
had been the universal rule of COM
mon law.
At Gen. Buffers request, Mr.. Salo-
mon read several decisions of English
courts affirming the principle that a
prisoner should be present and asked
pronounced. One of the cases cited
was that of Sir Walter Raleigh, in
which it was held that it was not a
legal execution il the prisoner had not
been present when sentence was pro-
nounced and asked what he had to say.
There could not be found case in the
reports of English law when sentence
has once lapsed, from whatever cause,
the question was not put. ''And your
nOn0r VIII See, ADDED zen. Butler,
that it is vital question"
The general dwelt upon the effect the
treaties had upon the right of the men
to have the whole case reviewed by the
United States supreme court, and in
this respect his talk was on new ground,
for Mr.. Solomon passed over this phase
of the case very briefly last week, leav-
ing its treatment to his leader. Gen.
Butler admitted that his clients, be :
cause they were foreign subjects, had
no greater rights than Americans, ex-
cept that that fact, under the treaties,
gave them right to have the case
passed upon by the United States
courts, and in this way there was Great
ed federal jurisdictio over all the do
ings of the state courts, including the
right to go behind the record of the
state supreme court, which showed that
the men were present when its judg-
ment was pronounced, when, in fact,
they were not bodily present. He
argued that IN this way the question
was presented for review here, whether
or not the absence of the pen conSti-
tutes violation of that due process of
law guaranteed by the constitution.