The advocate and Topeka tribune., 1893-07-19

| and property must be protected, ana law and
I order must be maintained: murder must be
punished, and il the defendants are guilty OF
murder, either committed with their own
hands or by some one else acting on their ad-
vice, then II they have had fair trial, there
should be in this case no executive inter
ference The soil Of America is not adapted
for the growth Of anarchy. While our insti-
tutions are not free from injustice, they are
still the best that have yet been devised, and
therefore must be maintained.
WAS THE JURY PACKED7
81. The record Of the trial shows that the jury
in this case was not drawn in the manner that
juries usually are drawn; that is, instead Of
having q number Of names drawn cut Of box
that contained many hundred names, as the
law contemplates shall be done, in order to in
sure a fair jury and give neither side the ad-
vantage, the trial judge appointed one Henry
l.. Ryce as a special bailiR to go out and sum
mon such men as he, Ryce, might select to act
as jurors. While this practice has been sus-
tanned in cases which it did not appear that
either side had been prejudiced thereby, 1t is
always dangerous practice, for it gives the
bailiff absolute power to select jury that win
be favorable to one side or the other Counsel
for the state, in their printed brief, say that
Ryce was appointed on motion Of defendants.
While 1t appears that counsel for defendants
were in favor of having some one appointed,
the record has this entry:
"'Mr. Grinneu suggested Mr.. RyCe as special
bailE, and he lUGs accepted and appointed But 1t
makes no difference on whose motion he was
appointed II he did not select fair jury. 1t is
shown that he boosted, 2Ohie securing jurors,
that he aCas managing this case that these teLlO1Cs
MOULD hang as certain as death that he lCas calling
such men as the defendants mould hare to challenge
peremptOriy and Uaste their challenges O and that
tUheR their challenges Uere exhausted, they ,COuld
have to take such men as the prosecution lUGRted.
1t appears from the record Of the trial that the
defendants were obliged to exhaust all Of their
peremptOry challenges, and they had to take
jury, almost every member Of which stated
frankly that he was prejudiced against them.
On page 1873 of volume l Of the record 1t ap-
pears that when the panel was about two
thirds full, counsel for defendants called the
attention Of the court to the fact that Ryce was
their examinations; further, that he was con-
tining himself to particular classes, e., clerks,
merchants, manufacturers, etc. Counsel for
defendants then moved the court to stop this,
and direct Ryce to summon the jurors from the
body Of the people, that is, from the commu-
nifty at large, and not from particular classes !;
but the court refused to take any notice OF the
matter.
ABOUT BAIJIFF RYCE.
"For the purpose of still further showing the
misconduct Of Bailiff Ryce, reference is made
to the affidavit of Otis s. Favor. MI. Favor is
one of the most reputable and honorable busi-
ness men in Chicago. He was himself sum
moned by Ryce rs q juror, but was so prejudiced
against the defendants that he had to be ex-
cused, and he abstained from making any afi-
davit before sentence because the states
attorney had requested him not to make 1t, al
though he stood ready to go into court and tell
what he knew II the court wished him to do so,
and he naturally supposed he would be sent
for. But after the supreme court had passed
on the case, and some Of the defendants were
about to be hanged, he felt that an injustice
was being done, and he made the following afi-
davit:
STATE OF ILLINOIS, 90
Cook COUNTY, SS
Otis s. Favor, being duly sworn, on oath says
that he Is q citizen OF the United States and Of
the state Of Illinois, residing in Chicago, and q
merchant doing business at 6 and 8Wabash
avenue, in the city of Chicago, in said county.
That he Is very well acquainted with Henry L.
Ryee, of Cook county, Illinois, who acted as a
special bailiif in summoning jurors in the case
OF The People, etc, vs.. Spies ct al, indictment
for murder, tried In the criminal court ofCook
county, in the summer Of 1886. That afflant was
himself summoned by said Ryce for q juror In
therein because of his prejudice. That on sew.
eral occasions in conversation between afiant
and said Ryce touching the summoning Of the
iurors by said Ryce, and while said RyCe WAS