Illinois vs. August Spies et al. trial transcript no. 1 Cover page signed by the defendants introducing the affidavits of John Phillip Deluse and Thomas Currier.
Introduction of affidavits by the defense, 1886 Oct. 1-1886 Oct. 7.
Volume O, 74-75, 2 p.
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IN THE CRIMINAL COURT OF COOK COUNTY.
The People, etc.
v.
August Spies, et al
Indictment for the murder of Matthias J. Degan.
State of Illinois Cook County ss
The defendants, August Spies, Michael Schwab, Albert R. Parsons, Samuel Fielden, Adolph Fischer, Louis Ling, George Engel and Oscar Neebe, being duly affirmed according to law, each for himself says, that since the trial of the above entitled cause there has come to the knowledge of affiants certain testimony which was not known to them at the time of the trial of the above cause, nor for a number of weeks thereafter, and which is specially disclosed in the affidavit of J. P. Deluse, filed herewith, and to which these affirmants respectfully refer. That they believe upon a new trial of this cause the matters and things referred to in said affidavit of Deluse can be proved, and they therefore ask for a new trial herein, that they may have the opportunity of making such proof. They further state that since the trial of this cause and the rendering of the verdict herein, there has come to their knowledge, respectively, certain utterances and expressions of opinion, purpose or feeling, by certain of the jurors, made before they were selected to serve as jurors in said cause, and as to which these respondents had no knowledge until after the acceptance of said jurors, respectively, which utterances, expressions or opinions, as these defendants are advised and believe, show that said jurors so
respectively making the same were by reason of their prejudices and opinions so expressed, disqualified to sit as jurors, and incapacitated from rendering a fair and impartial verdict in said cause; wherefor they pray a new trial in said cause, and in support of this part of their affidavits, they submit herewith certain affidavits touching such utterances, to which they pray leave to refer.
Affiants further say that they are informed and believe as it more fully appears by the affidavit of Thomas Currier, that the carriages used by the said jurors in said cause were paid for by the County of Cook or that the County of Cook became liable to pay the same and the bills therefore were sent to the county to be paid, that affiants did not consent that the County of Cook should pay for or become liable for said carriage bills of said jurors, and further affiants say not.
A. Spies,
Michael Schwab,
Albert R. Parsons,
Samuel Fielden,
Adolph Fischer,
George Engel,
Louis Lingg,
O. Neebe.
Subscribed and affirmed to before me this first day of October, 1886.
John Stephens,
Clerk.