Show fASH INGS FROM IROM THE WIRES the anarchists must remain in prison WHISKEY TRUST HAULED UP thirty nine thousand people out of work in austria great sufferina Suffer erinc lne from famine washington feb 20 in the cases of the anarchists fielden and schwab serving life terms in the joliet ills penitentiary pe for participating in the haymarket riots the united state supreme court affirmed the decision of the s supreme preme u court of illinoia illinois that their sent sentence eric e was not riot in violation of the constitution justice harlan who delivered the opinion of he the court first took up the tile ground that the prisoners had been dent denied ground e due pr wi process ess of law because not being present when the illinois supreme court passed sentence the supreme court of illinois saya pays the opinion was not one of original naf in jurisdiction ris diction sentence was pronounced by the he court of cook county and the supreme rge court of illinois merely fixed a date in conformity with the criminal code of the state no constitutional right of thearis the prisoners was denied by tile supreme court refusing to enter on its record the fact that schwab and fielden were not present when the judgment was pronounced noun ced sentence of death was not pronounced ro bythe supreme court the latter atter body simply affirmed the judgment of the cook county court neither reason bior public require that the defend anop hall be fe personally present pending proceedings in an all appellate court whose line dionis to 0 determine whether there were errors in the tile record to the prejudice of the lie accused and especially where as in this case he lie had counsel to represent him in the court of review the judgment of conviction was not vacated by the writ of error its execution was only suspended p pending ending proceedings in the appellate court the rho joliet penitentiary I 1 is made a place for the th confinement of persons sentenced by courts aso so that detention of the tile appell appellant apt by the warden of the penitentiary tent iary lary ta Is not in violation of any right elured to him by the federal constitution in reading the opinion the justice made mention of the point taken uy appellant that 11 the 1 e governor arnor could commute ins his sentence b but ajo ujo could uld not provide for its execution I 1 the above decision was given in the case of schwab brithe in the case of fielden the same doctrine is applied applied by the court to hiees the point of absence a 8 nce of accused when tv e sentenced the court also shortly disposes of the constitutional point raised roses thattie ila athe rights of defendant under the constitution ution were violated by the refusal of the tile supreme court of illinois to amend its me record ord to show he was not present presen t in per fon pon or by counsel at the tile time it affirm affirmed mi ion the lie Judg judgment mant trial oft of the lie cou court rt theolin the opinion upholds the illinois supreme court in its declaration that the law of that state states is that amendments amendment of records odthe of the court in derogation oliv of its final judgment are not permitted afta 1 4 otle term judgment Is raid rendered U edi |