Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Illinois Supreme Court: grant of a writ of error, 1886 Nov. 25.

Volume O, 160-164, 5 p.
Scott, John M., 1824-1898.
Jurist.
Illinois. Supreme Court.

Affirmation by Chief Justice John M. Scott of the Illinois Supreme Court that there are grounds for granting a Writ of Error in the case of August Spies et al., Plaintiffs in Error, vs. the State of Illinois. Argument in the Writ of Error is set to begin the first Tuesday of March 1887.


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After inspecting the foregoing transcript of the record, the undersigned, one of the Justices of the Supreme Court of the State is of opinion there is reasonable ground for granting the writ of error applied for in the cause. It is therefore ordered that a Writ of Error be granted in this cause; and it is further ordered that the Writ of Error herein ordered to be issued be a supersedeas as to each and every one of the plaintiffs in error, viz:

August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg and Oscar W. Neebe: and shall have the effect as provided in section one (1) Division 15 Criminal Code, R. S. 1874, page 414, to stay the execution of the judgment pronounced by the Criminal Court of Cook County against each of said plaintiffs in error, until the further order of the Suppreme Court in this cause.

It is further ordered that the Clerk of the Supreme Court in the Northern Grand Division, upon the filing of this transcript of the record in his office, shall immediately issue the Writ of Error and Supersedeas as herein ordered, in accordance with the provision of the section of the Statute above cited.

Done at Bloomington this twenty fifth day of November, A. D. Eighteen Hundred and Eighty six (1886).

John M. Scott
Chief Justice Supreme Court.


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And be it remembered that afterwards, to-wit: on the same day and year last aforesaid, there issued out of the office of the clerk of said court, under the hand of said clerk and the seal of the court, a certain writ of error in said cause, which said writ of error together with the endorsements thereon, is in the words and figures following, viz:

State of Illinois, Supreme Court, Northern Grand Division---ss.

The People of the State of Illinois to the Clerk of the Criminal Court of Cook County, Greeting:

Because, In the record and proceedings, as also in the rendition of the Judgment of a plea which was in the Criminal Court of Cook County before the Judge thereof, between The People of the State of Illinois and August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg, and Oscar W. Neebe it is said manifest error hath intervened, to the injury of the aforesaid


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August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg and Oscar W. Neebe, as we are informed by their complaint, and we being willing that error should be corrected, if any there be, in due form and manner, and that justice be done to the parties aforesaid, command you that if judgment thereof be given, you distinctly and openly, without delay, send to our Justices of the Supreme Court the record and proceedings of the plaint aforesaid, with all things touching the same, under your seal, so that we may have the same before our Justices aforesaid at Ottawa, in the County of La Salle, on the first Tuesday of March next, that the record and proceedings, being inspected, we may cause to be done therein, to correct that error, what of right ought to be done according to law.

(seal) Witness, The Hon. John M. Scott, Chief Justice of our Court and the seal thereof, at Ottawa, this 26th day of November, in the year of our Lord one thousand eight hundred and eighty-six.

A. H. Taylor,
Clerk of the Supreme Court.

(Endorsed): This writ of error is made a supersedeas, and as such is to be obeyed by all concerned.

A. H. Taylor, clerk.

Filed Nov. 26th, A. D. 1886. A. H. Taylor, clerk.

And be it remembered, that afterwards, to-wit: on the same day and year last aforesaid, there issued out of the office of the clerk of said court, under the hand of the clerk, and the seal of said court, a certain writ of scire facias, which said writ together with the endorsements thereon is in the


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words and figures following, viz:

State of Illinois, Supreme Court, Northern Grand Division---ss.

The People of the State of Illinois to the Sheriff of Cook County,----

Greeting:

Because, in the record and proceedings, and also in the rendition of the judgment of a plea which was in the Criminal Court of Cook County before the Judge thereof, between The People of the State of Illinois and August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg and Oscar W. Neebe it is said manifest error hath intervened, to the injury of the said August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg and Oscar W. Neebe as we are informed by their complaint, herein, the record and proceedings of which said judgment we have caused to be brought into our Supreme Court of the State of Illinois, at Ottawa, before the Justices thereof, to correct the errors in the same in due form and manner, according to law;

Therefore, We command You, That by good and lawful men of your County, you give notice to the said The People of the State of Illinois that they be and appear before the Justices of our Supreme Court, at the next term of said Court, to be holden at Ottawa, in said State, on the first Tuesday in March A. D. 1887, to hear the record and proceedings aforesaid, and the errors assigned, if they shall see fit; and further to do and receive what said Court shall order in this behalf; and have you then and there the names of those by whom you shall give the said The People of the State of Illinois notice together with this writ.

(seal) Witness, John M. Scott, Chief Justice of our said Court, and the seal thereof, at Ottawa, this 26th day of November, in the year of our Lord one thousand eight hundred and eighty- six.

A. H. Taylor, clerk.


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(Endorsed):

Served this writ on the within named "The People of the State of Illinois" by reading the same to Julius S. Grinnell, states attorney in and for Cook County State of Illinois, the 30th day of November, A. D. 1886.

Seth F. Hanchett, sheriff.

By A. C. Potter, Deputy.

Filed Dec. 1st, A. D. 1886. A. H. Taylor, clerk.


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