THE SEIZURE OF SPIES’ PAPERS.
Proceeding to the question of “unreasonable search and seizure” in Spies’ office, he said it did not strike him as being any part of this case. He was not here to offer any apologies for his own conduct. He then recited at some length the circumstances of the bomb-throwing in the Haymarket, the search of the Arbeiter Zeitung office, the prying open of Spies’ desk, the finding of dynamite and letters there, the breaking open of Lingg’s domicile, and the finding in his trunk of dynamite bombs precisely like the one thrown. Mr. Grinnell was interrupted at this point by General Butler, who said he should want to cross-examine him if it was competent for him to do so.
Mr. Grinnell—“You shall have that privilege, General.”
Mr. Grinnell, resuming, said that such seizure was not a thing which this court could regulate. It had said in the Ker kidnappingkidnapping case that it was not for the court to determine how he (the prisoner) got here. The court simply said: “You are here.” The things seized in the search of these prisoners’ premises “were there,” and it was for the court to determine whether they were legally there. The only question was, “Are these things testimony?” and that was not an inquiry for the court.