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Life of Albert Parsons

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p47

"Will he case, in your judgment, be called to the United States supreme court, and on what grounds?"

"It will; first, because under the sixth amendment of the federal constitution it is provided that in all criminal prosecutions the accused shall enjoy the right to a trial by an impartial jury of the state and district where the crime shall have been committed. The fifteenth amendment provides that no state shall deprive any person of life, liberty, or property without due process of law. If these men are executed the state of Illinois, through its courts, will have executed seven men without the due process provided and guaranteed by the constitution, which is the supreme law and which accords to the accused a trial by an impartial jury. It was proved on the trial that the special bailiff, Henry L. Ryce, who was appointed to serve the special venire, said to Otis S. Favor, a reputable merchant in Chicago, that he was managing the case against the accused and knew what he was about, and that the accused would hang as certain as death. 'I am calling such men as the defendants will have to challenge and so waste their challenges,' he said. This was made a special ground for a new trial, although Judge Gary had refused the defendants the privilege to introduce Mr. Otis Favor to prove that the bailiff acknowledged with a chuckle that he was packing the jury so that it would not be impartial. Juryman Adams admitted before the trial that if he was on the jury he would hang all of them. This was proved. Juror Denker state to two credible witnesses before the trial that the whole d---d crowd ought to be hanged. Several of the jurors, who can be named, as they are all of record, admitted that they were prejudice so that it would take strong evidence to overcome their already predetermined judgment of their guilt. On this statement of record the fourteenth amendment can be invoked and a writ of error must issue overruling the action of a state court, which has doomed seven men to death, having denied them an impartial trial, as required by the fourteenth amendment of the constitution. Their death would be judicial murder. Such would be the sentence of mankind and the verdict of history.

"2. There is a precedent from Missouri where a writ of error was for review by the United States supreme court on the ground that the evidence was obtained by unlawful search and

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