Rensselaer Republican, Volume 20, Number 8, Rensselaer, Jasper County, 27 October 1887 — THE ANARCHISTS. [ARTICLE]

THE ANARCHISTS.

JTustaoe Harlan Refuses to Grant a Writ of Error, And Refers Counsel to the Whole CourtExtra Guard Around the Chicago Jail— The Proceedings. Long before half past 10 o’clock,Friday morning, which was the hour set for the hearing of an application for a writ of error in the Chicago anarchist cases, the conference room of the United States Supreme Court, in the basement of the capitol at Washington, was uncomfortably crowded with lawyers and newspaper men, who were waiting to hear the proceedings. John Randolph Tucker. General Roger A. Pryor, General B. F. Butler, Cantain Black and all of the other counsel for the condemned prisoners were present and in whispered consultation, but at half past 10 neither Justice Harlan nor the record" in the cases had arrived. Five minutes later however, two men came in carrying with difficulty, a large, blue tin covered trunk corded with half inch rope,which contained the voluminous record, and under the weight of which the bearers visibly staggered, At twenty minutes to 11 Mr. Justice Harlan entered the conference room, end after greeting the counsel and directing that all newspaper men be allowed to come in and take such places as best suited their convenience, he seated himself at his desk and estk L e<-i for attention. —As soon as Hre room had become qiiiet, Justice Harlan, without waiting for any formal motion or application from the prisoners’ counsel, said with slow, deliberate enunciation : <Thisißan application for a writ of error to bring up for review by the Supreme Court of th* United States a judgment of the Supreme Court of th.e State of Illinois, involving the liberty of one of the petitioners and the lives of the others. The time fixed for-executing the sentence of death in, 1 atn informed, the 11th day of November. Under the circumstances it is my duty »o facilitate sn early decision of any question in th* case of which the Supreme Court of the United States may properly take cognizance. If I »bo<ld allow a writ of error, it is quite certain that eonnsei would h»ve to repeat before that *ourt the argument which they propose now to make before me. On the other hand, if I should refuse the writ, tire defendants would be at liberty to renew their application lx-fore any other justi** of tlie Supreme Court, and as human life and liberty are involved, that justice might feel obliged.notwithstanding a previous refusal of »h* writ to look into the case and determine for himself Whether a writ of error should b* allowed. If he also "refused, the defendants could tak* th* papers to some other member of the court and so on until every justice had been applied io, or until some justice granted the writ. In this w»y it is manifest that delays might o*c.ur that would be very embarrassing in view of th* short tim* intervening between this day and the dat* fixed for *arrying into *ffect the judgment of the State *ourt. As the ease is one of a very s*rious character, in whatever a-pect it may be regarded, I deem it proper to make an order, which I now do, that counsel presentthis applieation to the court in open session, to the end that early and final action may be had upon the question whether that courti has jurisdiction to review the Judgment in this case. There is no reaeoa why it may not be presented to the court at its session to-day. Counsel may state that the publication 1* made to the court pursuant to my direction. Application to the United States court Tor a writ of error Tn the anarchists’ case was made in open court shortly after noon Friday by General Pryor. The points upon which he relied to show that the cases involved federal questions which would give this court jurisdiction were: (1) That the statute of Illinois relating to the impaneling'of juries makes it possible to 'try the prisoners with a partial and prejudiced jury, as was in fact done in this case, and that such a sta’ute is' obnoxious to the federal constitution; and (J) That the prisoners were compelled to testify against themselves, and criminate themselves, and that criminating evidence against them was obtained by the police from their private desks without search warrants in violation of the constitutional provisions that a man shall not be deprived of life, etc , without due pro-' cess of law. The court directed Mr. Pryor to have printed at once the parts of the record which presented these questions and have the printed copies ready for submission to the court Friday -orearly Saturday morning. ■ y .. li I? 1 . I '.-, i' '”1. 1 1 — 1 * 1 Another Canadiith Recruit. ?. R. Warman, manager of thq * Cincinnati Commercial agency, is a defaulter froirCSIO.OOO to $25,000, and has fled to Canada. Mr. Warman was a piilar in the First Baptist church and superintendent of its Sunday-school. <n religious matters he was one of the leading workers of the city.’