fellows would hang as certain as death; that he was calling such men as the defendants would have to challenge peremptorily and waste their challenges on, and that when their challenges were exhausted they would have to take such men as the prosecution wanted. It appears from the record of the trial that the defendants were obliged to exhaust all of their peremptory challenges, and they had to take a jury, almost every member of which stated frankly that he was prejudiced against them. On page 133, of volume I, of the record, it appears that when the panel was about two-thirds full, counsel for defendants called attention of the court to the fact that Ryce was summoning only prejudiced men, as shown by their examinations. Further: That he was confining himself to particular classes, i. e., clerks, merchants, manufacturers, etc. Counsel for defendants then moved the court to stop this and direct Ryce to summon the jurors from the body of the people; that is, from the community at large, and not from particular classes; but the court refused to take any notice of the matter.
For the purpose of still further showing the misconduct of Bailiff Ryce, reference is made to the affidavit of Otis S. Favor. Mr. Favor is one of the most reputable and honorable business men in Chicago; he was himself summoned by Ryce as a juror, but was so prejudiced against the defendants that he had to be excused, and he abstained from making any affidavit before sentence because the State's attorney had requested him not to make it, although he stood ready to go into court and tell what he knew if the court wished him to do so, and he naturally supposed he would be sent for. But after the Supreme Court had passed on the case, and some of the defendants were about tо be hanged, he felt that an injustice was being done, and he made the following affidavit:
| State of Illinois, | ss. | |
| Cook County. |
Otis S. Favor, being duly sworn, on oath says that he is a citizen of the United States and of the State of Illinois, residing in Chicago, and a merchant doing business at Nos. 6 and 8 Wabash avenue, in the city of Chicago, in said county, that he is very well acquainted with Henry L. Ryce,of Cook county, Illinois, who acted as special bailiff in summoning jurors in the case of The People, etc. vs. Spies et al., indictment for murder, tried in the Criminal Court of Cook county, in the summer of 1886. That affiant was himself summoned by said Ryce for a juror in said cause, but was challenged and excused therein because of his prejudice. That on several occasions in conversation between affiant and said Ryce touching the summoning of the jurors by said Ryce, and while said Ryce was so acting as special bailiff as aforesaid, said Ryce said to this affiant and to other persons in affiant's presence, in substance and effect as follows, to-wit: "I (meaning said Ryce) am managing this case (meaning this case against Spies et al.) and know what I am about. Those fellows (meaning the defendants, Spies et al.) are going to be hanged as certain as death. I am calling such men as the defendants will have to challenge peremptorily and waste their time and challenges. Then they will have to take such men as the prosecution wants." That affiant has been very reluctant to make any affidavit in this case, having no sympathy with Anarchy nor relationship to or personal interest in the defendants or any of them, and
