This is an appeal from an order sustaining a demurrer to a petition by the appellant for a writ of habeas corpus, and dismissing that petition.
In the case of People of Illinois v. August Spies, Michael Schwab, Samuel Fielden, et al.-which was an indictment for murder in the criminal court of Cook county, in the state of Illinois-an order was entered, October 9, 1886, as follows:
'The People of the State of Illinois vs. Michael Schwab, Impl'd, etc. 18,803. Indictment for murder.
'This day again come the said people, by Julius S. Grinnell, state's attorney, and the said defendant, as well in his own proper person as by his aforesaid counsel, also comes; and now, neither the said defendant nor his counsel for him saying anything further why the judgment of the court should not now be pronounced against him on the verdict of guilty heretofore rendered to the indictment in this cause:
'Therefore it is ordered and adjudged by the court that the said defendant, Michael Schwab, be taken from the bar of the court to the common jail of Cook county, from whence he came, and be confined in said jail in safe and secure custody until the third day of December, A. D. 1886, and that on said third day of December, between the hours of ten o'clock in the forenoon and two o'clock in the afternoon, the said defendant, Michael Schwab, be by the sheriff of Cook county, according to law, within the walls of said jail or in a yard or inclosure adjoining the same, hanged by the neck until he is dead; and the said sheriff is hereby required and commanded to take the body of the said defendant, Michael Schwab, and confine him in the said common jail of Cook county in such safe and secure custody, and upon the said third day of Deember, A. D. 1886, between the hours of ten o'clock in the forenoon and two o'clock in the afternoon, to hang the said defendant, Michael Schwab, by the neck until he be dead.'
The case was carried by writ of error to the supreme court of Illinois, where the following order was made September 14th, 1887, one of the regular days of that court:
'August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg, and Oscar W. Neebe vs. The People of the State of Illnois. 59 A. D. Error to the criminal court of Cook county.
'On this day came again the said parties, and the court having diligently examined and inspected as well the record and proceedings aforesaid as the matters and things therein assigned for error, and being now sufficiently advised of and concerning the premises, for that it appears to the court now here that neither in the record nor proceedings aforesaid, nor in the rendition of the judgment aforesaid, is there anything erroneous, vicious, or defective, and that that record is no error:
'Therefore it is considered by the court that the judgment aforesaid be affirmed in all things as to each and every of said plaintiffs in error, and stand in full force and effect, notwithstanding the said matters and things therein assigned for error.
'And it is further ordered by the court that the eleventh day of November, A. D. 1887, be, and the same is hereby, fixed as the time when the sentence of death pronounced upon said plaintiffs in error, August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, and Louis Lingg, by the criminal court of Cook county, Illinois, shall be executed.
'And it is further ordered by the court that the sheriff of Cook county, Illinois, be, and he is hereby, ordered and directed to carry into execution the sentence by the criminal court of Cook county, Illinois, of the defendants in the indictment, August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, and Louis Lingg, on Friday, the eleventh day of November next, (November 11, A. D. 1887,) between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of that day.
'And it is further considered by the court that the said defendants in error recover of and from the said plaintiffs in error their costs by them in this behalf expended, and that they have execution therefor.'