The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-01-04
By ASSOCIATED PRESS.


Chicago. Jan. s.--Bonds aggregating
one million and enc hundred thousand
dollars must be given II thirty-two os
the thirty karse iake= leaders, convict
ed Of conspiracy to transport dynarnfts
take advantage Of the granting Of .
writ OF supersedeas BY the United
tates circuit court Of appeals here
today. Whether the amount will be
raised is uncertain, but It Is believed
enough to free President Ryan win be
obtained at least.
= The decision involves but thirty two.
Herbert Hockin, designated among his
fellow prisoners as the ..informer," 1" not
appealing. Judge Baker granted the
writ. taking occasion to intimate that
rndpe haste was manifested In Indian
apolis in committing the defendants to
piiscn. The chief error is the de-
afeDdants were tried on the theory Of
q Continued conspiracy. As far as I
can learn, no decision definitely con-
siders this point" he said in hss
opinion. The basis Of fixing bonds
was ten thousand dollars for each year
( OF sentence. As Ryan's sentence is
seven years his bond is seventy thou
sand dollars.
ATTORNEYS ARGUE CASE.
Attorney Zoline presented the petit
tlon in behalf OF the convicted iron
workers and argued IA support OF It.
as did Attorney Krum. Zolfne declared
that In cases such as the present. the
prisoners have the right OF bail. par
ticuIariy as the defendants were sen-
fpnekd and seat TO Isaavenwnrfh be-
fore = iieaeing on q writ of error hSse
been held.
DO you mean to tell me that =
writ of supersedeas should issue as a
matter OF right?" inquired Judge
Eaker.
nThat is my understanding" replied
ztline. who then began quoting su-
5reme court decisions which he said
oore on the point.
Judge Baker stated that the point
of the writ Of error was not well
taken. He added that there was no
occasion for the court of appeals to
supervene in any case unless it is
shown that the procedure OF the lower
court was questionable at law.
Replying to this, Zoline argued tha;
the evidence on which convictions
were obtained at Indianapolis was
vague and inadequate and that the
Judge Of the lower court should not
have allowed the cases of many Of the
~lefendants TO go to the fury.
NO EVIDENCE OF CONSPIRACY.
Krum argued that there was no evil
dence adduced at Indianapolis to show
hat the defendants conspired to carry
Iynamite on passenger trains.
IF dynamite had been carried from
Detroit to Tifln, Ohio. by automobile
there would have been no offense and
consequently there could have been ns
charge OF conspiracy" said the law
yer. He said that the statute de-
aounces the carrying OF dynamite OF
ar individual occasion and that wheT
the parties combine to commit tha'
enc act the conspiracy Is complete.
This case" he continues. yves
tried on the theory that the conspiracy
should be continuous"
Judeg Anderson was in error, krun
said. when he allowed the jury to con
ssider the purposes which led to the
TRANSPORTATION Of the explosive. Pur-
poses and results, he insisted. were
matters for the state courts.
Federal Attorney Miller Of Indian
apolis characterized the sentences i'm
posed upon the defendants as "merci'
full" When he had finished, Krun
again addressed the court stating tina
ten Of the men now in prison do no
seek to appeal their cases. He DID
not name them.