Clipped From The Inter Ocean

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12 THE DAILY" GEIMELL AND BUTIEE. Tha State's Attorney and the General Cob-tarat Each Other in the Supreme Court. Close Attention Often Julius 8., Who Tells . a Simple Story of the Anarohiats' Trial- Benjamin T. Is Worsted Opinion that the Writ of Error Will Kot Be ' " ' Granted. THE SECOND DAY. Vumiranx, Oct 28. SpteUU Telegram. "The foundation of the Constitution ia lew likely to bt impaired by refusing thia writ than by granting it " With this clean-cut eentence . Mr. Grinnell closed hli argument this morning in opposition to the application of the counsel for the enarchiata for a writ of error. And thera waa not a lawyer not connected with -the other aide Vho aat in that crowded court-room who tfd not believe that the Tory able presentation at the caae made by Mr. Grinnell had not Batde a profound impression upon the court The argument atripped the caae of much of the fasfan with which the venerable lawyera of the other aide had surrounded it, cleared away the porea- dnoee tecum aa the head of a gang of burglars. General Butler, in fact, before proceeding with hia argument prefaced it with the statement that ha wished to be eorreetea if he made misstatements by "a man who does not advocate the right to steal men or steal papers." But the Old Bailey tactics did not work. The strongest legal point whioh haa been made waa that the prisoners wars not in court when sentenced. - - - " ABOUT TBI DXCHX0X. Neither the counsel for the anarchists, nor for the State have received any intimation aa to the time when the Supreme Court will announce its decision. The expectation ia that th decision will be made on Monday next, especially if the writ is to be denied. This will leave but little mora than two weeks for the condemned men to apply to the Executive of the State for clemency, or failing in that, to prepare for death. If the writ shall be denied it is not, however, expected that the opinion of the court will be prepared in form. It ia often the practice to announce a decision . and not to make publio the formal text of the opinion of the oourt especially in a case of urgency. There is of course nothing upon which an opinion can properly be bated as to the decision of the court, except the impression whioh haa been created upon the lawyers who are accustomed to follow the eonrt and to watch the effect of argument upon that body. ' It ia the general opinion of the leading members of the bar who have heard the arguments that the writ will be denied. There are a few, however, who think that the court will decide that it waa error to pronounce sentence in the absence of the prisoners. The United States Supreme Court is certainly not likely to be influenced in its decision because General Butler informed them that a quarter of a century ago some rebels working with Jefferson Davis and his associates included in the number of whom were two of General

Clipped from
  1. The Inter Ocean,
  2. 29 Oct 1887, Sat,
  3. Page 12

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