El Paso Times. (El Paso, Tex.), Vol. Seventh Year, No. 254, Ed. 1 Saturday, October 29, 1887 Page: 1 of 8
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KOHLBERG BROS
TOBACCOS.
International Cigar Factory,
Loomis & McLachlen
Real Estate & Insurance.
N<». 215 Shii Antonio Street.
«>»
Seventh Year, No. 254.
THE ANARCHISTS CASE
States Attorney Grinnell Mak-s
A Telling Speech
El Paso, Texas, Saturday Morning, October 29, 1887.
Official Paper of the County
Before the United States Supreme Court to
Which General Butler Replies With
Little Effect—Smith is Paid
$2,000 by the State.
The Anarchist* Cut.
Washington, Oct. 28.—When the su-
ireme court opened at noon Attorney-
' meral Hunt stated that he had practi-
cally finished hjs argument when court
adjourned yesterday and would not re-
sume to-day, but would give way to
Grinnell. Grinnell spoke 45 minutes,
paying particular attention to the com-
position of the jury. At the conclusion
of Qrinncll's remarks General Butler be-
gan his argument and is now speaking.
(irlnnkw/s speech.
Before the supreme court to-day Julius
8. Grinnell, the state's attorney of Illin-
ois at the time of the anarchists trial,
made a brief, but effectual, argument
against granting a writ of error. Refer-
ring to the jury he said:
80 far as the composition of the jury
was concerned, there was but one man in
it to whom any objection was raised by
the defense, and that was Sanford,
who was the , last juror selected.
Attempts had been made, he
said, to show that another juror named
Denker had also been objected to, but at
the time Juror Denker was accepted the
defense had a right to make 142 pre
emptory challenges. Grinnell said every
man on the jury was duly qualified un-
der the eommou law. It was, he said,
with some feeling that a representative
American jury, as good and as intelli-
gent a jury as was ever looked upon; it
was in no sense a class jury. Three
of the jurymen were men who
labored with their hands, one of them
was a man of foreign birth, and there
was not a capitalist among them. With
regard to "unreasonable search and
seizure," Grinnell said he did not desire,
and this was not the place to apologize
for anything that he had done in this
case. He believed, however, that it had
always been regarded as proper to drive
the criminal with the instruments of his
crime, and to use the instruments as ev
idence against him. It had been done
when the pistol waB taken by force from
the assassin, Guiteau, and if* he remem-
bered rightly Guiteau's papers had also
been seized. He recited the history of
the bomb throwing in Chicago, and enu-
merated the articles Ruch as dynamite,
etc., which belonged to Spies, Long and
ethers of the anarchists, and which had
been taken, not from their houses,
but from the Arbiter Zeitung office,head-
quarters of the anarchist party. He
maintained that the qustion was not,how
did these articles get before the court,
but what did they prove, and again re-
Tcrrcd to the case of Kerr vs. the People
of Illinois. After speaking about 40
minutes Grinnell closed
Hiitler rose and objected to 1 he
latter part of Uriunell's argil
merit on the ground that ii went j
outside printed record and brought in
extraneous matter to which no reference
had been made, that this extraneous mat-
ter must tie popular with the court or its
introduction would not be permitted.
His associates had been taken by sur-
prise and the lives of their clients put in
jeopardy. Mr. Grinnell interrupting him
said, he understood the counsel on the
other side to make a complaint that there
' were indications of unreasonable search
and seizures. Their printed briefs show-
ed that a great many things had been
seized, and he (Grinnell) had simply add-
ed that other things had also been seized.
General Butler said be would state the
points of the contention, and if he stated
them wrongly he would wish to be cor-
rected by any gentleman who did not
advocate the right to steal men and to
steal their papers. After describing what
happened previous to the Ilaymarket
meeting he said; "At that meeting a
bomb was throwu by somebody forsome
purpose, and there is not one word in
these eight thousand pages of evidence to
show that any one of these men hail any-
thing to do with throwing that bomb, its
explosion killed a single policeman and
within a few days all these men w,ere ar-
rested without warrants, committed, to
jail and held there without examination
and without process nntil they were in-
dicted by a grand jury. He said he was
ready to pledge himself that there was
not a single man of the selected who had
not said that he had a firm, and some of
them an enthusiastic conviction of the
opinion and prejudice against the de-
fendants. After a great deal of ramb-
ling talk about the composition of the
jury, dissatisfaction with the record,
lack of time for preparation, sentencing
of prisoners in their absence and that of
their counsel, injustice done them by un-
reasonable search and seizure, etc. Gen-
eral Butler said if all these things could
he done, the question was to be debated
whether this government would not be
better if it were overturned into anarchy
than to be carried . on in this
fashion." I have no fear," he
said, "of being understood upon
this question, I have the individu-
ality of being the only man in the United
States that condemned and executed men
for undertaking an overthrow of the
law. There were thousands of them and
for that act, please your honor, a price
was set upon my head as though I were
a wolf, and $25,000 was offered to any
man that could capture me to murder
me by Jefferson Davis and his associates,
and who, if they were here at your bar
trying to ascertain whether they should
have an honest and fair trial for their
great crimes, and they called upon me.
their lives in danger, I should hotd it to
be my duty, to do all that I could to de-
fend them."
After some further talk General Butler
said he agreed fully that the first ten
amendments of the constitution for lirni
tation of federal power and not restric-
tion of the rights of states privileges, and
the immunities, however, claimed by the
prisoners were privileges inherent in ench
one of the citizens of the several states
of the union, because, in a vast majority
we were British subjects and had certain
privileges and immunities inherited under
the common law and magna charta. We
claim that all rights, privileges and im-
munities that belonged to a British sub-
ject under the magna charta belong to
each citizen of the United States. The
words "due process of law" means
by the law of the land and
not the law of a county, a
province or a state, but the law of the
country, the whole country; another
meaning like unto "due process of law as
used in the fourteenth ameudment would
make it simply ridiculous and frivolous,
because any state may enact a "due pro-
cess of law" according to that state by
which a man's life may be taken and
from which not a single right or immun
ity of citizenship can protect them."
General Butler then proceeded to the
consideration Qf the special and peculiar
questions raised by the case of Fielden
and Spies, who are foreigners. He
contended that treaties were the supreme
law of the land, and that these prisoners
were entitled by virtue of treaties with
Germany and Great Britain to all the
rights and privileges of American citi-
zens, at the time such treaties were
made. A state had no power to try these
men by one of its own laws, which was
not the law of the land at the time the
treaties were ratified. He did not mean
that a foreigner might come into a state
and break its laws with impunity, and
that the state could not touch him, but
he did mean that the state could only
try him in accordance with the law of
the land—the whole to stand at the time
of the treaty made with his government.
This was an important question
to every American citizen, because iu re-
turn for the concession made by this gov-
ernment in the treaty with great Britain,
the government of that country had
made similar concessions to us. Suppose
a citizen of the United States should go
to Ireland, make remarks about republi-
can form of government, be arrested and
tried by the crimes act in violation of
the treaty, would we not stand up and
say, this man must be tried by a fair and
impartial jury? If this should happen
General Butler hoped the English author^
ities would not be able to hold up to him
the decision of the United States supreme
court sustaining the right to
try an Englishman by the
local law of a state which
was nothing but a swamp and
howling wilderness at the time the treaty
was ratified. After some dusultory re
marks about the record, reference to
breaking open the safe and desks, and
charges of prejudice against the jury,
General Butler said: The defense was
compelled to accept the last juror, San-
ford. The peremptory challenges were
exhausted and they could do nothing
else under these circumstances. They
talked to him and coaxed him, and tried
to get him into a state of mind as favora-
ble to their desires as possible. Referring
to the assertion of counsel on the other
side, that the petitioners had waived
some of their rights through not insist-
ing upon them by exception, or
in proper time, therefore they were
stopped from asserting their rights now.
Butler contended that when a man was
on trial for his life there was no such
thing as a waiver or estoppal. General
Butler then returned again to the unrea-
sonable searches aud seizures. Why,
your honors, he.exclaimed, they searched
under a burglary, headed by the state's
attorney of his own admission, no miser-
able policeman or half-witted constable,
but the state# prosecuting attorney does
the burglary, steals the papers, and says
you can t help that. He puts it with a
sort of triumph, and y«t we are told that
our immunities and privileges are not in:
vaded and our remedy is to sue for
trespass. What, a beautiful remedy?
Sue the state's attorney and be
tried by such a jury as the law of Illinois
would give, hotter be iu a place not to be
named for comfort. General Butler again
urged that the prisoners had been sen-
tenced to death in their absence, and in
conclusion said that if men's lives can be
taken in this way as you have seen ex
hibited here to-day, better anarchy, bet-
ter be without law, than with any such
law. General Butler thanked the court
for its indulgence and took his seat.
The chief justice then called the next
case on the docket and the hearing of the
motion of the anarchists for a writ of
error Was over. It seems to be the gen-
eral impression among those who have
paid the closest attention to the proceed-
ings that the counsel for the state had
altogether the best of the argument and
that a writ of error will not be granted.
NEWS OF THE DAY
-—-
Com, rising the Latest Events
in this City
■ . .
And Throughout the World—Council Pro- j
ceedings—California Evictions-
Cardinal Gibbons—
Etc.. Etc,
California Evictions.
San Fkancisco, Oct, 28.—The United
States district attorney has received a
telegram from the sheriff of Mendocino
county informing him that he was gath-
ering a posse to capture Captain Shaw,
whom General Howard had sent in com-
mand of United States troops to eject
sheep herders and others from Round
Valley Indian reservation, in this
state. The telegram also states that the
state court issued a writ of injunction
ordering Captain Shaw to desist from re-
moving trespassers from the reservation.
District Attorney Carey advised General
Howard to order Captain Shaw to sur-
render to the sheriff, which General
Howard declined to do without an order
srom the president or secretary or war,
whereupon Carey sent a dispatch to the
attorney-general at Washington,in which
he reviewed the above facts and states,
" If the sheriff persists and General How-
ard continues to refuse following my ad-
vice, it will probably result in blood-
shed."
A Present for Cleveland.
Par^n, Oct. 28.—A banquet was given
to-night in this city in celebration of the
anniversary of the dedication of the
statue of "Liberty Enlightening the
World" in New York harbor. McLane,
United States minister, Mr. Blaine, M. S.
Puller, minister of public instruction, M.
De Lafayette and Colonel Jjichtonstein,
of President Grsvey's military household,
were present. Invitations were issued in
the name of Count DeLesseps. Bar-
tholdi, the designer of the statue, pre-
sented Minister McLane with a medal
which had been struck in honor of Pres-
ident Cleveland and requested him to
forward it to the president.
Cardinal Gibbon#.
Cardinal Gibbons arrived yesterday
from Los Angeles, and departed on the
afternoon train over the Galveston, Har-
risburg & San Antonio railway for New
Orleans. While in the city he was the
guest of Father di Palma. Cardinal Gib-
ons is the second cardinal ever appointed
in the United Stated having been select-
ed to succeed the late Cardinal McClos-
•
key. He resides at Baltimore.
IN REGULAR SESSION,
Tlie'Kx Assessor an& the Assessor Have a
Tilt Before the Council,
At the regular meeting of the city coun-
cil last evening there were present Mayor
Lightbody, Aldermen Hague, Johnson, |
Blacker, Schuster, Caples, Frcudenthal j
and Detwiler.
A report from City Marshal White,
giving a list of awnings not built in ac-
cordance with city ordinances, was re-
ferred to the street committee.
Alderman Johnson reported that Gilli-
land & Co. had made the lowest bid,
$22.50, for suits for police officers.
An ordinance, prepared in conformity
to suggestions by Colonel Waring, was
adopted, providing for proper house con-
nections with the sewer system.
Alderman Detwiler, from the sewer
committee, presented a requisition from
MrJPar(|ut^
Smith Again.
Austin, Texas, Oct. 28.—J. E. Smith,
the express messenger who recently kill-
ed two train robbers near El Paso, was
paid $2,000 yesterday by order of Gov-
ernor Ross as a reward for his act.
Farquhar thought this would be about
all he would require for completing the
work.
Aldermen Johnson from the Acequia
committee reported a recommendation
that the office of acequia commissioner
be declared vacant. Adopted.
Colonel Ashfurd, ex-assessor and col-
lector, asked permission to be heard.
Leave being granted he read a lenthy re-
ply to the report made to the council a
week ago by Collector Hilzinger. Colonel
Ashford said he had twice asked that his
accounts be examined aud he be relieved
from his bond. His successor had made
a report to the council that reflected on
the previous conduct of the office, in the
matter of the unrcudered rolls. Colonel
Ashford said that the first year he em-
ployed a legal firm to make out the un-
rendered roll. Since then ho had some-
times prepared the rolls himself and
sometimes hired it done. He had uo
block books to begin with, but'Wl mado
such books himself, Mistakes had in-
evitably crept into the rolls, but he had
corrected them whenever they were dis-
covered. As to selling lots for
taxes when the delinquency was
a trifle, lie believed it was
the only safe and consistent policy. If
the collector refrained from selling all |
delinquent lots: where would he draw j
the line. If people found that delin-
quent taxes were not collected, it would j
encourage them not to render property.!
If the lots were sold only for a few cents
delinquency, either the city got the land
by paying $6.50 costs, or the owner had
to pay double the taxes, with the costs,
to redeem it. The charter was not ex-
plicit on the subject, and he had spent
over $200 to gel the best legal opinion in
the city on the matter. I
Referring t# the charge that after
property had been sold and deeded to the
city for taxes he allowed the former own-
ers to render it in subsequent years and
pay taxes on it, Colonel Ashford said he
deemed that course legal and just. The
deeds to the city were conditional, and
the fact of allowing a former owner to
render and pay taxes after such deeds
were made did not weaken the claim of
the city f»r the previous delinquent tax.
And as to the charge that he had sold
certain lots to the city twice, he deemed
that charge unfair. He had entered
the office without experience, had found
everything jn confusion with no block
books or blanks or system of accounts,
and had received no aid from his prede-
cessor. He appealed to Assessor Hil-
zinger to say whether he, Colonel Ash-
ford, had not assisted him to learn tUe
details of the office.
Mr. Hilzinger replied that whatever
aid Colonel Ashford had rendered him
he had paid for liberally, and there was
no reason for going into that matter.
Colonel Ashford went on to say that
not having taken the office for his health
or for pleasure, he had gotten out of it
all the law allowed him and no more.
He would defy any man to find one cent
collected by him not properly accounted
for. He then asked permission to read
his final report.
Alderman Detwiler moved that the re-
port be referred to the taxation commit-
tee without being read. Carried.
Colonel Ashford then said that he had
$1,425 of back taxes in his hands belong-
ing to the city. He was ready to turn
this over when lie was paid for his last
six month's work in preparing this year's
rolls, upon which he would get no per-
centage. It had been intimated, he said,
that he would not be paid for this work.
Alderman Detwiler asked how long he
had had this $1,425 in bis hands.
Colonel Ashford replied, some of it for
three months, some for two months,some
for five months.
Alderman Freudentlial moved that the 1
ex-collector be required to turn in all city j
funds at once. |
Carried.
Colonel Ashford said he should respect
fully decline to do so till he was paid for
his last six month's work.
Alderman Freudenthal moved that 1 ln-
city attorney be instructed to institute
suit to compel the late collector to turn
over said funds.
The city attorney said he, thought ii
would be better to have the late collect-
or's accounts examined first.
The motion was carried without dis-
sent.
Collector Hilzinger asked to be heard.
He denied that he bad intended to reflect
on Colonel Ashford in his report. But
he had no apology to make for giving
the council information about his office.
He merely stated facts for the informa-
tion of the council, and was not respon-
sible for the conclusions which the coun-
cil or the public might draw. Colonel
Ashford's assumption that his successor
will adopt a policy detrimental to the
city's interest was vain and unsubstan-
tial. As to Colonel Ashford's demand
for pay for his last six months' work,
that was unreasonable. Every new col-
lector got the benefit of the last six
months' work of his predecessor, and
Colonel Ashford had received this bene-
fit on taking the office. There was no
merit in a man's doing merely what it
was his duty to dov
A petition for the appointment of Mr.
Belding as merchant police was referred
to the police committee.
Adjourned.
The London News.
London, Oct. 28.—The News this
morning says that unless Lord Salisbury
wishes the fisheries negotiations between
England and the United States to be
hopelessly doomed from the outset he
must cancel the appointment of Cham-
berlain and select another commissioner.
Bond Reduced.
New York, Oct. 28.—On application
of counsel for C. G. Francklyn, arrested
in the suit for $3,000,000, brought by Sir
Bache Cunard, the bail bond was to-day
reduced from $500,000 to $75,000.
WEEKLY TRADE REVIEW
Dunn & Co, Report the Trade
of the
Country as Improving—Superintendent Gates,
of the Arizona Penitentiary, in a
Critical Condition—Other
News.
Weekly Trade Review.
New York, Oct. 22.—R. G. Dun &
Co., in their weekly review of trade,
says : During the past week and during
the month the volume of business has di-
minished somewhat, as is natural at this
season, but the October trade in some
branches and sections falls behind that of
the same month last year, a fact explain-
ed by the usual volume of business. In
September the distribution of goods pur-
chased does not quite meet expectations,
and collections are still slow, but
fair in many quarters, though
the situation in that respect is
more favorable than it appeared to be a
week ago. Demand for accommodation
from the west and south are still fre-
quent, and the drain of money from
those points have not ceased, though
it has lessened in volume, partly because
many balances have drawn to the min
imum, and some applications for accom-
modatiods have been refused. Exchanges
still reflect a fair activity in trade, and
railroad statistics show a movement of
products large for the season. A con-
servative indisposition to undertake new
enterprises has appeared since July^
and has brought a timely
check in railroad building, real estate
operations aud some branches of manu-
facturing, consequently liquidation of the
past operations is now the feature of
most interest if the progress is satisfac-
tory, the outlook for an excellent trade
in the future is good. Thus far returns
indicate fair progress in settlements in
most branches of trade and at most of
the southern and western points, but
some exceptions are noted. The collapse
of many iron mining companies of the
Gogebic range throws hundreds out of
employment and brings disaster to a
multitude of small investors in their
stocks and to many tradesmen. At many
localities where real estate speculations
had become excessive a year ago failure
to make second payments is now
producing a reaction, with severe losses
to many all oyer the southwest.' There
are many holders of real estate paper who
are seeking payment, not always with
success. From most points this week in-
dicates some improvement in collection, a
fair activity in business and diminishing
Stringency in the money market,
In Chicago the mercantile demand for
accommodation is unabated, though col-
lections have improved and shipments of
money to the country have moderated.
At Omaha money is easier and real
estate, payments have thus far been satis-
factory.
Collections and much pressure are
noted at Kansas City, Wichita, Cleveland
and some southern points. A distinct
improvement appears at Louisville, Mot)
pliif* and Atlanta.
tiir Telegraph War.
Nkw York, Oct. 28.—The,nexi import-
ant step toward the complete settlement
of the telegraph war was taken yester-
day, when an agreement between the
Mutual Union and Postal Telegraph eomj
panics was made. Jay Gould said, in
reply to an inquiry whether the agree-
ment meant the absorption of theMackay
land and ocean lines, ' i guess not. As I
understand the situation the Mutual Un-
ion and Postal compnaies have agreed to
advance the rates to something near our
tariff. Thev have been fighting each
other, but the Western Union is not
greatly interested. I have not heard of
any advance in cablc rates."
Advices from points in the south says
the offices of the New York aud South
ern telegraph company are being closed
in all cities in the soulh reached by the
Southern lines, A few hundred more
operators will be thrown out and rates in
that territory will be fixed by the West-
ern Union.
In a Critical Condition.
Yuma, A. T,, Oct. 28.—Four of the
convicts who attempted to escape from
prison yesterday and assaulted Superin-
tendent Gates, were killed and were bur-
ied this aftereoon. The superintendent
is in a critical condition, but it is thought
he may survive his wounds. A petition
to the governor is being largely signed
for a pardon of the convict named Kiggs,
who shot the convict who was stabbing
Gatjs. Three of the killed,convicts were
in for long terms aud one for .graud lar
ceny.
Stay of Proceedings Granted.
Cincinnati, Oct. 28.—The circuit court
to-day granted a continuous stay of pro-
ceedings in the case of the Cincinnati.
Hamilton and Dayton receivership until
next Thursday.
* A Catholic Hlshop Consecrated,
Denver, Oct. 28.—The consecration
ceremonies of right llev. Nicholas Matz,
new coadjutor bishop of the diocese of
Denver, took place at St. Mary's cathe-
dral this morning commencing shortly
after nine o'clock. The ceremonies were
the most imposing ever witnessed in this
state, it being the first time that a Ca-
tholic bishop, has been conseerrted in
Colorado.
I''
W
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El Paso Times. (El Paso, Tex.), Vol. Seventh Year, No. 254, Ed. 1 Saturday, October 29, 1887, newspaper, October 29, 1887; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth502585/m1/1/: accessed July 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.