“In short, after having carefully examined the record, and given all the questions arising upon it my very best thought, with an earnest and conscientious desire to faithfully discharge my whole duty, I am satisfied fully that the conclusion reached vindicates the law, does complete justice between the prisoners and the State, and that it is fully warranted by the law and the evidence.”
CHAPTER XXXV.
The Last Legal Struggle—The Need of Money—Expensive Counsel Secured—Work of the “Defense Committee”—Pardon, the Only Hope—Pleas for Mercy to Gov. Oglesby—Curious Changes of Sentiment—Spies’ Remarkable Offer—Lingg’s Horrible Death—Bombs in the Starch-box—An Accidental Discovery—My own Theory—Description of the “Suicide Bombs”—Meaning of the Short Fuse—“Count Four and Throw”—Details of Lingg’s Self-murder—A Human Wreck—The Bloody Record in the Cell—The Governor’s Decision—Fielden and Schwab Taken to the Penitentiary.
IN spite of this overwhelming defeat at the hands of the Supreme Court of Illinois, counsel for the Anarchists did not lose hope. They at once set about formulating plans to carry their case before the highest tribunal under the law, the Supreme Court of the United States, and for some time they labored unremittingly in preparing the necessary grounds on which to bring the matter within the jurisdiction of that court. The point on which they mainly relied was a constitutional question involving the validity of the jury law of the State of Illinois, but time was necessary to put in proper shape other questions incidental to the main issue, growing out of rulings in the trial court. Meanwhile money was needed, just as it had been during the trial and the appeal to the State Supreme Court. It had been resolved to call into the service of the convicted men eminent constitutional lawyers, of national reputation as well as of high standing before the highest tribunal in the land, and contributions were accordingly sought throughout the country by the Anarchist “Defense Committee” of Chicago, a body which had been organized preceding the trial. In compliance with the call, a great deal of money was subscribed, and the local counsel began to cast about for legal assistance among the most noted constitutional expounders in the Union, to properly prepare the case for presentation at Washington. Capt. Black, to whom this duty seems to have been mainly intrusted, finally decided upon Gen. Pryor, of New York, and J. Randolph Tucker, and with these eminent jurists he held long consultations on the best points to make before the court of last resort. Gen. Benjamin F. Butler was also called into the case as special counsel for Spies and Fielden.
Finally, on Thursday, October 27, 1887, the case was brought before the United States Supreme Court, and arguments were heard before a full bench. Mr. Tucker was the first to speak, and held the court’s attention for some time, contending that the Illinois jury law was in contravention of the Fourteenth Amendment to the Constitution of the United States. That amendment, he said, had been adopted, and had been construed by the court as for the special protection of the negro, and he insisted that it should be opened up for the protection of the whites as well. Upon this point he elaborated at some length, consuming nearly the whole time allotted to him, and then he proceeded to show that an impartial jury had not been chosen in the trial court, some men upon it—reference being made to Denker and Sandford—having formed a newspaper opinion, but, in spite of that fact, having still been admitted under the rulings of the court. The first ten amendments to the Constitution, he held, limited the States in the adoption of laws abridging the rights of citizens. His whole argument received marked attention and was ably presented.
Benjamin F. Butler made a few points in addition to those presented in his brief, but the main burden of his plea was that his clients, Spies and Fielden, were aliens and had come to this country under treaties made with Germany and England, long before the jury law of Illinois was passed.
Attorney-General Hunt, of Illinois, replied to the various points made by the petitioners, showing that the Federal Constitution, in its first ten amendments, did not restrict the rights of a State in the regulation of jury selections, and that there was no refuge for any of the defendants under the treaties. It was an eloquent and masterly argument, and its effect on the court was subsequently shown in the decision, which closely followed in the line of Mr. Hunt’s position on the matters in question.
State’s Attorney Grinnell was present simply to assist the Attorney-General in pointing out the salient features in the record of the trial court, with which he was so thoroughly familiar, but, on solicitation, he also addressed the court at some length. He spoke with reference to some details in the trial, and made a clear and concise exposition of the case. He was followed by General Butler, who spoke at considerable length, but advanced no new points, except that he maintained that Spies had been compelled to testify against himself.