The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-01-03
Attorneys for Iron Workers Now In
PcnItentiary Argue for a Writ
OF supersedes and Release
on Bond.
ALL BUT MIR. HooKIN
Zollne Says Men Are Denied Their
Rights In Being Deprived OF
Liberty Pending Decision
on Appeal.

limited Press Leased Wire Service. ]
CHICAGO, Jan. S.-Attorneys for
the thfrty-three convicted dynamite
conspirators now in the Leavesworth
penitentiary, appeared IN the United
States circuit court of appeals here
this morning to ask for writ of sup
ersedeas and the release on bonds OF
all of the men in the penitentiary ex-
cept Herbert S. Hoclin. Hockin will
not ask for an appeal.
Judge c. c. kohlsaat, F. e. Baker
and William H. Seaman were in court
to hear the arguments, which were to
be made by E. N. Eoline and Chester
H. Krum for the defendants, and
United States District Attorney G. w.
| Miller for the government
Mr.. Zoline presented the petition to
1 the court at 1923. 1t alleged that
the defendants had been denied their
rights in being deprived of their lib
erty by Judge Anderson pending the
decision on their appeal. Judge An
derson had refused to grant the de
fenses motion for a writ Of super.
sedeas for the men.
/ The judges hearing the argument
indicated early in the address of AT
torney Zoline that they would rule
I against htS1 on the two ipssoortsln'
points for which he Is contending.
Il Zoline argued, that the defendants
need not make a substantial showine
of their right to a supersedeas anc
that a writ of supersedeas was ar
absolute right First Judge Baker
and then Judge Seaman objected tc
the points Zoline tried TO make.
..Do you mean to say 9ha:t a showing
is not required that a supersedeas IL
matter Of right9s inter1ected Judge
Baker.
Eyes, similar cases in United States
: courts have established that the wri
Of supersedeas is matter of righi
and that no man may be deprived o.
his liberty until decision in the cour'
OF last resort has been obtained
Judge Seaman then interrupted.
"a supesedeas is not an absolute
right-a writ OF error is
Zoline reviewed the indianapolis
history of the case. He said that
writ OF error had been granted b.
Judge Anderson but that a suppressed
cas- had been denied them pending the
decision Of that writ and that the,
4 had been sent TO the penitentiary.
: Zoline cited cases in which United
States courts had not sent defendants
to the penitentiary until the court O
last resort had rendered its decision
In these cases. which he claimed were
, similar to the present one, defendant!
were admitted to bail and were al
lowed the supersedeas. He asserted
Lit had been held that 1t was not nee
essary to show probable cause for al
appeal to entitle them to the super
sedeas
"The conviction of these men wa
not warranted by the evidence Zol
Inc said. The evidence was vague
indefinite, inadequate, and 80 hgh
as to show that it should not hav'
| been allowed to go to the jury. Il
! six cases Judge Anderson ordered tn
3 release of the men after the verde
8 of guilty from the jury
Z Attorney Krum followed Zoline. n
! said that the indianapolis decisioI
was an exception, and that there ha
: been hazardous application Of tn
: law.
. The defendants" he said, "wer
}, arrested In different parts of The cou1
6
fCnntinnad On mage &