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Show ATTEMPT TO FREE ON BAIL Is Made By Dynamiters' Counsel in U. S. Court of Appeal Chicago. Jan. 3 A writ of euper-sedca euper-sedca Htavlcs, me execution or the sentence pasaod upon the dynamite oonspiratoi a recently convicted at in-dlanurolle in-dlanurolle hhb issued bv tne United States circuit or appeals here today. ! Hall was based on the uauiber of years which the prisoners have been I sentenced to serve $10,000 for each year. Thus Ryan's bail wa8 fixed at $70,- ' 000, or $10,000 for each of the seven yean of hie sentences. Those won received sentences of six years must furnish $60,000, four years $40,000, and so on down to $10,000 for the one-year sentences. Defense lawyers said monev enough : to admit all to ball would be forth-coming. forth-coming. Judge Anderton to Pass on Bonds. Judge Baker, who delivered the Opinion of the court, stated that fttdge Andere-on, before whom the alleged al-leged conspirators were tried, would Be authorized to pass on any bonds ! offered The Judge said that in cases like that at Indianapolis, where a writ of supersedes has been applied for be- ! fore sentence ha6 been executed, it is not usual to expedlate the carrying out of the sentence, but to await action ac-tion by the court of appeals In fixing the amount of jail, the j idges were Impressed by the fact that the offenses charged against the defendants are not extradlable For this reaaon ball was fixed at amounts which the court said would make it of Interest to the sureties to see that the defendants do not leave the juris, diction of the fourt. Writ Should Be Granted. Judge Baker said in granting the petition for supersedeas "When questions raised In the petition pe-tition for supersedeas are not frivolous frivol-ous and are prosecuted In good faith and not for the obvious purpose of delay, then the writ should lie granted We deem this a fitting opportunitv to express the view that when a judgment judg-ment of imprisonment has been rendered ren-dered and the defendants have applied ap-plied for a writ of supersedeas the representatives of the government should not demand an execution of the sentence until the question of granting the supersedeas has been finallv passed upon "It seems to us that these cases come within the ordinary practice of admitting convicted person to bail pending the settlement of the appeal "The fact that the offenses these defendants are convicted of are not extraditable should be remembered ani the court favors sufficient bail until the superior court takes action ac-tion " ludse BaUers remarks were fle-llvercd fle-llvercd orally Sixty days were given giv-en to perfect the record and file the appeal. Bail Unusually High. oton Harding of Indianapolis also one of counsel for the defense modi - fird thr- earl-, optimism with reference to securing bail He said after hearing hear-ing the decision. "We expect to have every means at hand for bailing out evfry man. Ins' what luck we will have ,s doubtful as the ball is unusualh hiKh and we tnav expenence difficulty receiving feecuilties for those sums. (Chicago. Jan. 3-An attempt 10 free 32 of the 33 dynamiters convicted convict-ed at Indianapolis on ball Pdlngan appeal of their case was made heie tod.v in the United States court of woeal Judges Seaman and Baker s.t-jj. s.t-jj. lin'r Herbert S Hockin will not ap- ""The convicted leaders of the iron il workers, through their counsel, EL H m Zoline and P. H O'Donne 1 of ( bica- go Mibon Harding of Indianapolis and Thester E Krum of St Louis, appeared ap-peared in court to argne for a jrrtt 5 of supersedeas to stay execution of the sentence inflicted by the L nited States district court and for the mission to bail of the prisoners pending pend-ing further action by the court of ap peals Attornev Zoline presented the petition pe-tition in behalf of the eonlcted iron workers, and argued in support or (, as did Attornev Krum. Zoltne declared declar-ed that in cases uch as the present one6 the prisoners have the " bail, particularly as the defendants were sentenced and sent to Leavenworth Leaven-worth before a hearing on a writ of error had been held "Do vou mean to tell me that a writ of supersedeas should issue as a matter of right"" Inquired Judge Baker "That is inv understanding. replied re-plied Zoline. who then began quoting supreme court decisions whU h he said bore on the point Judge Baker stated that the point of the writ of error was not well taken. tak-en. He added that there was no o caslon for the court of appeals to supervene su-pervene in any caBe unless it Is """"" shown that the procedure of the low- er court was questionable at law. Replying to this Zoline declared that the evidence upon which convictions convic-tions were socured at Indianapolis "was vague and inaccurate" and "the judge of the iower court should not have allowed the cases of many nf the defendants to go to the jury at all. oo |