Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Illinois Supreme Court: outline of proceedings, 1887 Mar. 4-1887 Sept. 14.

Volume O, 165-171, 7 p.

Abbreviated transcript of discourse in the case of August Spies et al., Plaintiffs in Error vs. State of Illinois before the Illinois Supreme Court. Includes motion by Leonard Swett that time limits be waived for oral arguments, scheduling of oral arguments, motion by the plaintiffs to reverse the judgement of the lower court, and motion by the defendants (the State) to affirm the judgement of the lower court.

After hearing argument, the Court found that there was no error and therefore affirmed the judgement of the lower court and ordered that November 11, 1887 be fixed as the time in which the death sentence of the lower court should be carried through.

The Plaintiffs are represented by Leonard Swett, Salomon & Zeisler, and William Perkins Black. The defense is represented by George C. Ingham, Julius S. Grinnell and George Hunt, Attorney General.


Go to Illinois Supreme Court decision | Return to Previous Section | Return to Trial TOC | Return to the HADC Table of Contents
[Image, Volume O, Page 165]

AT A SUPREME COURT, Begun and held at Ottawa, on Tuesday, the First day of March, in the year of our Lord one thousand eight hundred and eighty-seven, within and for the Northern Grand Division of the State of Illinois.

Present---Benj. R. Sheldon, Acting-Chief Justice.
John Scholfield, Justice.
Alfred M. Craig, Justice. John H. Mulkey, Justice.
Simeon P. Shope, Justice. Benj. D. Magruder, Justice.
George Hunt, Attorney General. Lawrence Morrissey, Sheriff.
Alfred H. Taylor, Clerk.

Be it remembered, that afterwards, to-wit: on the Second day of March A. D. 1887, the same being one of the regular days of said term of Court, certain proceedings were had and orders made and entered of record by said Court, among which is the following, viz:

August Spies, et al
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

Now on this day come the said plaintiffs in error by Leonard Swett, of counsel, and move the Court that the rule regarding oral arguments be, in this cause suspended, and that the time for such argument be unlimited.

Which motion is by the Court taken under advisement.


[Image, Volume O, Page 166]

And be it remembered, that afterwards, to-wit: on the 10th day of March, A.D. 1887, the same bein one of the regular days of said term of court, certain proceedings were had and orders made by said court, and entered of record, among which is found the following, viz:

August Spies, et al.
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

And now on this day the Court having duly considered the motion of said plaintiffs in error for time for oral arguments herein, and being now fully advised of and concerning the premises. It is considered by the Court that the rule limiting the time for oral argument herein be so extended as to allow each counsel herein the full time of two hours for oral argument. And it is further considered by the Court that this cause be set for hearing at 9 o'clock on Thursday March 17th, next.

And be it remembered, that afterwards, to-wit: on the 17th day of March, A. D. 1887, the same being one of the regular days of said term of court, certain proceedings were had and orders made by said court, and entered of record, among which is found the following, viz:

August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons,
Adolph Fischer, George Engel, Louis Lingg and Oscar W. Neebe,
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

Now on this day come the parties hereto, and this being the day specially set apart for the hearing of


[Image, Volume O, Page 167]

this cause, and it appearing to the Court that the appearance of the People of the State of Illinois has been duly entered herein by the Attorney General, and that plaintiffs in error have filed herein a duly certified transcript of the record and proceedings of the Criminal Court of Cook County; together with printed abstracts thereof and briefs and arguments of counsel in support of the errors assigned herein, and entered motion to reverse the judgment and remand said cause and for costs, and the said The People of the State of Illinois having entered motion to affirm said judgment and for costs and procedendo, and said motions being taken under advisement for final hearing, and the clerk of this court reporting that said cause is now read to be taken, and said cause being argued by Leonard Swett and Sigmund Zeisler on behalf of plaintiffs in error, and George C. Ingham on behalf of the People of the State of Illinois, when the hour of adjournment having arrived, the further argument of this cause is postponed until to-morrow.

August Spies, et al.
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

Now on this day comes the said plaintiffs in error by Wm. P. Black, of counsel, and move the Court for leave to file reply briefs herein.

Which motion is by the Court taken under advisement.


[Image, Volume O, Page 168]

And be it remembered, that afterwards, to-wit: on the 18th day of March, A. D. 1887, the same being one of the regular days of said term of court, certain proceedings were had and orders made by said Court and entered of record, among which is found the following, viz:

August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons,
Adolph Fischer, George Engel, Louis Lingg, and Oscar W. Neebe,
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

Now on this day come again the parties hereto, and the arguments in said cause are proceeded with by J. S. Grinnell and George Hunt, attorney general, on behalf of The People of the State of Illinois, and William P. Black on behalf of the said plaintiffs in error, and said cause is now here submitted for the consideration and judgment of the Court.

Therefore it is considered by the Court that this cause be and the same is hereby taken under advisement.

And be it remembered, that afterwards, to-wit: on the 19th day of March, A. D. 1887, the same being one of the regular days of said term of Court, certain proceedings were had and orders made by said Court and entered of record, among which is found the following, viz:

August Spies, et al.
vs.
The People of the State of Illinois
I P.D. Error to Criminal Court Cook Co.

And now on this day the Court having duly considered the motion of plaintiffs in error for leave to file reply briefs herein, and being fully advised in the premises over-rules and denies said motion, but grants leave to said plaintiffs in error to file any additional authorities.


[Image, Volume O, Page 169]

AT A SUPREME COURT, Begun and held at Ottawa, on Tuesday, the Sixth day of September, in the year of our Lord one thousand eight hundred and eighty-seven, within and for the Northern Grand Division of the State of Illinois.

Present---Benj. R. Sheldon, Chief Justice.
John M. Scott, Justice. John Scholfield, Justice.
John H. Mulkey, Justice. Alfred M. Craig, Justice.
Simeon P. Shope, Justice. Benj. D. Magruder, Justice.
George Hunt, Attorney General. Lawrence Morrissey, Sheriff.
Alfred H. Taylor, Clerk.

Wednesday, Sept.14, --Present, full bench, except Mr. Justice Scott.

Be it remembered, that afterwards, to-wit on the 14th day of September A. D. 1887, the same being one of the regular days of said term of court, certain proceedings were had and orders made by said Court, and entered of record, among which is found the following, viz:

August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons,
Adolph Fischer, George Engel, Louis Lingg, and Oscar W. Neebe,
vs.
The People of the State of Illinois
59 A.D. Error to Criminal Court Cook Co.

On this day came again the said parties, and the Court having diligently examined and inspected as well the record and proceedings aforesaid, as the matters and things therein assigned for error, and being now sufficiently advised of and concerning the premises, for that it appears to the Court now here, that neither in the record and proceedings aforesaid, not in the rendition of the judgment aforesaid, is there anything erroneous, vicious defective, and that that record is no error: Therefore, it is cosidered


[Image, Volume O, Page 170]

by the Court that the judgment aforesaid be affirmed in all things, as to each and every of said plaintiffs in error, and stand in full force and effect, notwithstanding the said matters and things therein assigned for error.

And it is further ordered by the Court that the Eleventh day of November A. D. 1887, be and the same is hereby fixed as the time when the sentence of death pronounced upon said plaintiffs in error August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, and Louis Ling, by the Criminal Court of Cook County, Illinois, shall be executed.

And it is further ordered by the Court that the sheriff of Cook County, Illinois, be, and he is hereby ordered and directed to carry into execution the sentence by the Criminal Court of Cook County, Illinois, of the defendants in the indictment, August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, and Louis Lingg, on Friday the Eleventh day of November next, (November 11, A. D. 1887) between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of that day.

And it is further considered by the Court that the said defendants in error recover of and from the said plaintiffs in error their costs by them in this behalf expended, and that they have execution therefor.


[Image, Volume O, Page 171]

Be it Remembered, That afterwards, to-wit: On the Fourteenth day of September A. D. 1887, the opinion of the Court was filed in the Clerk's office of said Court in wards and figures following, to-wit:

August Spies et al
vs.
The People of the State of Illinois
Error to Criminal Court Cook County.


Return to Top of this Section
Go to Illinois Supreme Court decision | Return to Previous Section | Return to Trial TOC | Return to the HADC Table of Contents