The Pardoning of the Anarchists.
471
that on the evening of May 4th Lingg and himself by holding a bomb in his mouth his associates carried a large number of and exploding it. bombs to a place " known as Neff's Hall," On June 27, 1893, Governor Altgeld, in and " that as soon as the trunk was opened the exercise of the power conferred by the and deposited in the hall-way, men came Constitution of the State of Illinois in the forward and took bombs therefrom, indicat words, " The Governor shall have power to ing an expectation that bombs would be found grant reprieves, commutations, and pardons, at that place at that time." The circum after conviction, for all offences," gave the stances under which the bomb was thrown, imprisoned men their liberty, giving, as his and the discharge of firearms immediately reasons for so doing : First, that the State following the throwing of the bomb, corre failed to show that the prisoners had com sponded with the plan of attack previously mitted a crime; second, that "the trial was agreed upon by the conspirators; the court not fair." saying : " If a bomb had been thrown into It is remarkable that the reasons assigned the station itself and the policemen had been by the Governor, in a paper of at least twelve shot down while coming out, a part of the thousand words, are not that the circum conspiracy would have been literally excî- stances of the case call for mercy, but that cuted just as it was agreed upon. It could the pardoning power is exercised that jus make no difference in the guilt of those who tice may be done; in short, that the judicial were parties to the conspiracy that the man Department of government imprisoned un who threw the bomb and his confederates justly those who are pardoned, and judicially who fired the shot waited before doing their murdered those who were hanged. Two work until the policemen in the station had questions are by this pardon and the reasons left it and had advanced some three hundred assigned brought prominently forward : First, feet north of it." were the so-called Anarchists unjustly con The findings of the Supreme Court as to demned? Second, Is the Chief Executive UlKfairness of the trial are as follows : First, of a State, under the power to pardon, that a juryman accepted by a defendant authorized to review the facts and the law while he has unused peremptory challenges whereby a prisoner is by the Judicial Depart estops him from complaining that such juror ment of government condemned, and declare was incompetent (the first eleven jurymen officially that the duly constituted courts of were accepted by the defendants while they justice are dispensing injustice? had unused peremptory challenges); second, The first question is answered by the that the twelfth juror (who was by the court findings of the Supreme Court of the State accepted after the defendants' peremptory and of the United States, as above quoted, challenges were exhausted, and after a chal together with the fact that no newly dis lenge by them for cause was overruled) was covered evidence is brought forward which a competent juror. tends to disprove the facts found by the The two last-mentioned findings were, by jury to be true. Governor Altgeld, it is writ of error, carried to the Supreme Court true, quotes an affidavit which relates to the of the United States, and by it unanimously action of a special bailiff who served the affirmed (123 U. S. 131, 168). venire; but as the first eleven jurors were Before the time set for the execution of accepted by the defendants, and the twelfth the condemned men, Governor Oglesby com was by the Supreme Court of the State and muted the sentences of Fielden and of of the United States held to be a competent Schwab to imprisonment for life; there juror, the affidavit does not show that the were hanged defendants Spies, Engel, Fis defendants did not have a fair trial; it cher, and Parsons, Lingg having killed follows that the Governor's argument is
