by John Marshall Harlan

“ But no claim is here made that plaintiffs in error were not informed of the decision in the case in time to file a petition for rehearing. They did not seek to avail of that right, but voluntarily waived it, and prosecuted a writ of error upon the record from the supreme court of the United States, and it was not until after that was decided adversely to them that they discovered the claim made error in the record of which amendment is now sought.' Fielden v. People 128 Ill. ”

“ The plaintiff in error contends that the refusal to amend the record, so as to show that he was not present in person or by counsel in the supreme court of Illinois, at the time it affirmed the judgment of the trial court, and fixed the day for carrying that judgment into execution, was a denial to him of that equal protection of the laws which is accorded by the constitution of the United States to all persons within the jurisdiction of the respective states ”

“ It said: 'If the present plaintiffs in error and their counsel had been actually present in court when the judgment of affirmance here was entered, the law allowed them to then say or do nothing which by any possibility could have benefited plaintiffs in error. They were, after judgment was entered, entitled only to move for a rehearing, and this could only be done on printed petition; but thirty days were allowed in which to prepare it. 93 Ill. p. ”