-wV f, '■^: -> -i: 'I f] ^opeise j^istory — OF THE — GREAT TRIAL — OP THE — IN isse. • CONDENSED FROM THE OFFICIAL RECORD. By DYER D. LUM. CHICAOC), ILL. Socialistic Publishing Company, 274 West Twelfth Steeet. 'Vf 1*,v- [^'iv'' Hr rMH iW;\' v- f 'vT?'';.,'' rP' ■'Si LAKK STREET. I SPEAKERS I DESPLAINES A. Where the bomb was thrown. B. Where the bomb exploded. C. Zepfs Hall. RANDOLPH STREET PRRFAGR. A bomb! A dynamite bomb! Such was the startling intelligence which went over the wires from the city of Chicago on the night of May 4th, 1886. Who threw it? After a long and protracted trial the question remains unanswered. Whether thrown by some one indignant at the raid by the police upon a peaceable meet¬ ing, an individualistic attempt to resist invasion, or thrown by some hireling to break the great eight-hour movement which, at the time, seemed likely to compel the acquiesence of manufacturers in the growing demand for shorter hours of toil, the trial did not reveal. Yet, eight men were placed on trial for their lives, their houses searched without process of law; they were subjected to personal abuse by city officials, de¬ nounced and virtually tried and condemned by a press whose existence, as cater¬ ers to capitalists, laid in creating a scarecrow and imparting to it some semblance of reality. Property alone found voice; Labor, aghast, awaited developments. Some regarded it as the opening of a new struggle between these two classes, which were now clearly seen to have a defined and divergent existence. Capital and Labor were asserted to be pitted against each other in a new “irrepressible conflict.” Others, alarmed at the danger to vested rights and existing social conditions, with equal impetuosity and want of logic, fell back on the law and demanded ex¬ treme measures of repression; a reign of terror set in. Property trembled for its existence before a phantom; every way-side bush seemed a secret danger; fear paralyzed reason, and force—arbitrary and illegal—held full sway. Anarchy, that dread spectre that Siberian snows had not frozen; to which under the synonym of Nihilism our dilettanti had given a quasi interest, struck the same alarm in Chicago as it brought to the palace of the Czars. Nor was a reign of terror lacking to the great body of wage workers. Labor Unions found their doors closed by the police. “Suspects” were arrested, imprisoned,and their homes seai’ched by detectives without warrants. ' Now that the sentence of death has been passed upon the men accused of “murder,” law “vindicated” and order restored; when society ias resumed the even tenor of its way and respectable and legal jobbery can again be safely carried on, it were well to ask: Upon what evidence were they convicted? In the following pages an attempt is made to condense the testimony, omit¬ ting nothing essential to the case. The testimony is taken from the official record prepared by counsel for the Supreme Court, not from the newspaper reports. After carefully reading hundreds of pages of testimony, scrupulously scanning the addresses of counsel for the State and carefully weighing all the facts in the case, the writer is still at a loss to account for the verdict upon other grounds than that of class prejudice. Prejudice as strong and envenomed as moved the narrow minds of loyal Prenchmen in their persecution of the Huguenots, or which inspired the breasts of loyal Englishmen in hounding Eoundheads to death. True, religion did not enter into the controversy as in France and England. The nineteenth century has passed beyond that stage of controversy. Having passed through and won freedom in disputes regarding religious and political faiths, the great controversies of this age are necessarily economic, questions of a social nature. The Holy In¬ quisition no longer exists to compel acceptance of a religious creed, but the State remains to crush out social heretics who will not accept its doctrine that wrong is right and glaring injustice to be Christian civilization. The popular god has but changed his vestments. The dark-robed priests no longer gather around the stake to gloat over the dying agony of the daring unbeliever in their rightuousness and authority; the cross no longer cramps intellect and fosters injustice by the strong hand of power. But the same dominating genius prevails and finds expression in other directions. Heresy in social beliefs is stih as vigorously denounced as ever in former times under other dominating beliefs. Society to-day, as in the past centuries, can rely on a horde of hirelings to relentlessly pursue, villify and punish the heretic who dares to question and resist the existing order of things. The old question, the only fundamental question of modem civilization. Authority versus Liberty, is still with us. Again, as of old, the cry has gone forth from pulpit, press and tribune—That which is must remain, while at the same time the evil genius of authority, enforcing control over others, from its very nature is constantly usurping new privileges and establishing more restrictions. The eight social heretics of Chicago who dared to defend their beliefs when tried for an act, of which it was openly admitted they were not personally guilty, have challenged the attention of the world and the admiration of the oppressed of all lands. Though John Brown’s body has long been at rest—still, more than ever can it be said, his soul is marching on! ^ consrozsE zzistozbtz' - OF THE - Qr(iat yrial of tf^e ^9ar(;f7i5t8 ip 1886. CHAPTEE 1. THE EIGHT-HOUR MOVEMENT. The Haymarket tragedy and the trial of the Anarchists are indissolubly connected with the great eight-hour strike of May 1, 1886. To understand the trial and the position of the prisoners on trial we must obtain a view of that movement and of the prisoners’ relation thereto. Many and diverse have been the reports circulated in this regard, some claiming that the prisoners were opposed to the eight-hour struggle; others, that they were its champions; while others again — and this has been the theory of the press — that they but seized upon this occasion to bring about a conflict with the consti¬ tuted authorities and thereby precipitate a revolution. Happily, their own expressions are a matter of record, and they can, as they should, be placed before the public. The one great characteristic of all pubhc questions which have engaged the attention of statesmen in the nineteenth century is that they have been essentially of an economic nature. Forms of religion aiid of government are questions of the past; they no longer distract the discussions of cabinets nor excite the popular heart. The huge black-lettered folios of polemic lore which constituted the “ living issues ” of the seventeenth century gave place in the next to disqui¬ sitions on the political rights of man. Parliaments ceased to worry over theology and devoted their energies to combat and suppress the writings of Junius, Eousseau and Paine. With the triumph of the American and French revolutions, new issues began slowly to force themselves upon public attention. It is self-evident that they have not been religious in their nature. Have they been political ? Such we have thought them to be, but each year proves that they are more and far broader. AU the great questions of the day, since England began factory legislation in 1802, have been Economic ! Freedom of commerce ! Corn laws! Tariffs! Strikes ! 8 THE EIGHT-HOUR MOVEMENT. All have the same inspiration in various degrees of intelligible articu¬ lation. It stirred the heart of the English chartist; it moved the pulses of the European workmen in 1848 ; it found audible voice in the Commune of Paris in 1871; to-day the red flag of labor groups the sons of all nationalities into one common brotherhood. State patriotism is as obsolete as church creed. Nations still go¬ to war, but it is now for a market. England and Russia contend for midland Asia. France, Italy, Spain and Germany seek new colonial dependencies for purely commercial reasons. It has become a ques¬ tion of exports and imports. The productions of labor must find an outlet to new markets to sustain commercial supremacy. Home pro¬ ducers cannot buy that into which they have too often hammered and woven their lives. A foreign market must be sought and won by other lives. The 110,585 boys and girls under thirteen years of age employed in English textile factories may be ragged, but English fabrics must be exported to find them in bread. As early as September, 1832, a convention of farmers and mechan¬ ics of New England was convened at Boston. In January, 1834, a meeting to form a general trades’ union was called in the same city. On the Fourth of July following a grand banquet was held at Faneuil Hall; and it is a noteworthy fact that so indifferent were all not im¬ mediately interested, that the committee of arrangements apologized for the absence of a clergyman, and stated that application was made to twenty-two religious associations for the use of a church in which to deliver the oration, but their request was in every case refused. Consequently they sat down to their banquet without a clerical bless¬ ing. At that day, and for long since, the tariff was a vital question to America. To-day the desperate struggle of all European powers for a foreign market has overshadowed it with a far deeper one. True, so-called statesmen still harp in the old strain, but workmen are annu- ally growing indifferent to their statistics and eloquence. At that period, so far as there was a labor movement, it was almost entirely confined to Massachusetts. In fact, in 1833, ’34 and ’35 a labor party presented to the voters of that state a gubernatorial ticket, but few, however, felt an interest in the matter. It was not till 1850 that Mas¬ sachusetts adopted, in most of the trades, the ten-hour plan. In the large mills a longer working day, however, still prevailed, being twelve hours, or fourteen hours more per week, than in English mills. In other states but little attention, if any, was bestowed upon legisla¬ tion on hours of labor. 9 THE EIGHT-HOUR MOVEMENT. Immediately upon the close of the civil war an agitation for the lessening of the hours of labor began in earnest. The great changes made in our system of production during the interval, the colossal fortunes made by men in army contracts, with the rapid progress to¬ wards centralization of capital under the American system of protec¬ tive tariff, gave the movement a more wide-spread character. The New England Eight-Hour League, endorsed with the eloquent support of Wendell Phillips, aroused more attention one year than had been evoked in the preceding thirty. Growing out of this was the Labor Congress, which was held in the city of Baltimore in 1866. On June* 24, 1878, the national eight-hour law passed and in the same year a National Labor Union was formed at a convention held at Cincinnati with Richard F. Trevellick as president and an executive for each of the several states of the Union. The Eight-Hour law of 1868, applying to government employes, was never rigidly enforced. Government set the example of ignoring it and petitions to Congress were treated with disdain. The remarkable increase in the production of wealth by the rapid development of “ labor-saving ” machinery gave stability to the move¬ ment. Muscles of steel were taking the place of those of flesh, and strong stalwart men, anxious and eager to toil for others, found them¬ selves “ superfluous.” Without entering further into the history of the movement, I quote here a letter submitted to the Committee on Depression in Labor and Business of the XLVI Congress. It will be interesting as showing in brief the argument for the shortening of the hours of labor, and instructive in considering the paucity of results which have followed such appeals. It is as follows: Hon. Hendeick B. Weight, Chairman Congressional Committee on the Depression of Labor: SiE:— At your request, I gladly avail myself of the opportunity so kindly presented to lay before your honorable committee a few thoughts which I think have a practical bearing on the subject-matter of your investigation. As the general question as to the causes of the recent depression of labor opens up a broad and almost endless dis¬ cussion, I shall beg leave to confine myself strictly to what I consider one of the causes, and wherein remedial legislation will prove bene¬ ficial. I allude to the necessity for a reduction of the hours of labor. The subject came before Congress in 1868, in which year what is known as the national eight-hour law went into effect. Though still on the statute book, its observance is not generally nor uniformly en¬ forced. As a recommendation from your committee could not but have weight in the struggle being waged by workingmen to secure its enforcement, I shall briefly sketch some of the arguments with which we press the matter upon our legislators. Dismissing the question at the EIGHT-HOUR MOVEMENT. S,‘.S*K'« .SS'i.” ‘2 asiTr-t’.. words of Adam Smith, “ not only the commodities that are m^spens rblv Lcessary for the support of life, but whatever the custom of the country renders it indecent for creditable people even of the lowest order to be without.” ^ • xu The cost of subsistence for an average family as I understood, upon the police to disperse it. JusUs he turned around in that angry mood, I said. ‘Ah “ ft we «-illffo’ and iutnped from the wagon and jumped to the sidewalk.” ^Then the explosion followed. He ran to Eandolph street and turned east, but on his way receiyed a shot m the leg. I had no revolver with me on the night of May 4. I never had a revolver .n mv life. I never fired at any person in my life. Never heard of the 'word“Ruhe” or its significance until some days after ms arrest. Knew nothing of the Haymarket meeting until he was informed that evening that speakers were wanted there Never heard of the Mon- Ly night meeting at 54 West Lake street till he read of he alleged coMpiracy in the papers. Eemembers the detective, Johnson, but Tevef had any conversation with him as aUeged; knew long before that he was a detective. “ The American Group was open to every. *’°%nder cross-examination witness was required to answer questions having no reference to his direct examination, thus making him a direct witness tor the State against himself, which the court sustamed, such as the organization of groups, his connection with the Atom, etc. Knowing his innocence, he had expected to be dischapd by the cor- oner’s jury. He was engaged to speak elsewhere on the mght of May 4 but only yielded to urgent solicitation when he vvent to the Haymar. k'et. His remarks were all in a general sense; had no idea of violence from any one that night. Ernst Nienporf presided over a meeting of the Carpenter’s Union at Zepf’s Hall, on Monday evening. May 3, at which defendant Lmgg was present; he was there early; made a report at nine o clock and had the floor two or three times later. The meetmg lasted till eleven o’clock, and Lingg was there till the close. , . r i This was the evening of the alleged conspiracy at 54 West Lake street. Another member of the union testified to Lmgg s presence at Zepf’s Hall the entire evening. Henry Schultz, of Wisconsin, strayed mto the Haymarket meet¬ ing while visiting Chicago. Is not a Socialist, and knew none of the defendants at that time. When the bomb exploded he ran north to Lake street, where he saw the police clubbing two men they had do\m in the gutter. When the cloud came up most of the audience and all “the women and childi-en left.” Heard the speaker say he would get through in a few minutes. Joseph Bach attended the meeting of the American group and cor- TESTIMONY FOR T^E DEFENSE. 133 roborated previous testimony as to Schwab going to Deering, and the rest going, by request, to the Haymarket. When the police came he was standing on an elevated platform where he could look over the heads of the crowd. Heard the command to disperse and saw Fielden getting off the wagon and Spies making his way to the sidewalk. Pistol shots all seemed to come from the center of the street, where the police were. The bomb did not come from the alley. When the police came the crowd had thinned out fully one-half. Fielden w’as about con¬ cluding. Max Mitlacher, brother-in-law to the previous witness, was pres¬ ent throughout the meeting with Bach and corroborated his testimony. S. T. Ingram, nineteen years old; working for Crane Brothers, near wdiere the meeting of May 4 was held. Eeceived on that day a circular, which he still had. It was produced and did not contain the line, “Workingmen, arm yourselves,” etc. Saw Spies when he inquired for Parsons, and saw him get down from the wagon on its south side, but not go to the alley. When the cloud came up the witness left; stopped at Zepf’s Hall and identified Mr. Parsons as being there. Ee- turned to tlie meeting; was there when the police came and saw Fielden jump from the wagon. “After the explosion of the bomb I stepped back against the wall to keep from getting killed. There was a great deal of shooting going on then; most of it seemed to come from the policemen, from the center of the street. I did not see anybody where I stood have a revolver or speak about a revolver. My hearing and eyesight are good, and were so on that night. I saw no citizen or person dressed in citizens’ clothes use a revolver. It was a very peace¬ able meeting. I heard nobody say that night, at any time, ‘Here come the bloodhounds ; do your duty and I’ll do mine.’ If Mr. Fielden had said those words I -would have heard them. I am sure he did not utter those words.” No shots were fired from or near the wagon. After another witness, a business man, had sworn that Gilmer’s reputation for truth and veracity was nil, an important witness was called. John Bernett, a candymaker; “not a Socialist, Communist nor Anarchist.” Was at the Haymarket meeting, between thirty-five and forty feet south of Crane’s alley. “I saw the bomb in the air. I saw the man who threw it; he was right in front of me. It went west and a little bit north. The man who threw it was about my size, maybe a little bit bigger, and I think he had a moustache. I think he had no chin beard.” Witness was five feet nine inches in height. On being shown Schnaubelt’s photograph witness promptly said that it was not the man, and that he had pre- 134 TESTIMONY FOR THE DEFENSE. viously SO informed the state’s attorney. The same story he had told right after the occurrence. Michel Schwab. When called by telephone to go to Deering to speak on the evening of May 4, he walked over to the Haymarket to see if he could get Mr. Spies to go, but did not see him and imme¬ diately took a car and left. He spoke at Deering, as testified to by Preusser and others. He returned home about eleven o’clock. He at no time that evening saw Mr. Spies, or entered Crane’s alley for any purpose. August Vincent Theodore Spies testified at some length. Had been an editor on the Arheiter-Zeitung since 1880. On the evening of Sunday, May 2, he attended a meeting of the Central Labor Union at 54 West Lake street, in the capacity of a reporter. While there he was invited to address the Lumber-Shovers’ Union the following day. He did not know until his arrival at the meeting that it was in the imme¬ diate neighborhood of McCormick’s factory. “ Having spoken two or three times almost every day for the pre¬ ceding two or three weeks I was almost prostrated, and spoke very calmly, and told the people, who in my judgment were not of a very high intellectual grade, to stand together and to enforce their demands at all hazards, otherwise the single bosses would one by one defeat them. While I was speaking I heard somebody in the rear, probably a hundred feet away from me, cry out something in a language which I didn’t understand—perhaps Bohemian or Polish. After the meeting I was told that this man had called upon them to follow liim up to McCormick’s. I should judge about two hundred persons standing a little ways apart from the main body detached themselves and went away. I didn’t know where they were going, until, probably five min¬ utes later, I heard firing.” Shortly afterward, having finished his business, he went up to McCormick’s to see what was going on. “ When I came up there on this prairie, right in front of McCormick’s I saw a policeman run after and fire at people who were fleeing, running away.” Not being able to do anything he returned to the place of the meet¬ ing, and thence back to the city. ‘ The same evening I wrote the re¬ port of the meeting which appeared in the Arheiter-Zeitwig of the next day. Immediately after I came to the office I wrote the so-called ‘ Ee- venge’ circular, except the heading ‘ Eevenge.’ At the time I WTote it I believed the statement that six workingmen had been killed that after¬ noon at McCormick’s. I wrote at first that two had been killed, and after seeing the report in the five-o’clock News 1 changed the two to six, based upon the information contained in the News. I believe 2,600 copies of that circular were printed, but not more than half of them TESTIMONY FOR THE DEFENSE. 135 distributed, for I saw quite a lot of them in the office of the Arheiter- Zeitung on the morning I was arrested. At the time I wrote it I was still laboring imder the excitement of the scene and the hour. I was very indignant. On May 4 I was performing my regular duties at the Arbeit^- Zeitung. A little before nine in the forenoon I was invited to address ; a meeting at the Haymarket that evening. That was the first I heard : of it. I bad no part in calling the meeting. 1 put the announcement ' of the meeting into the Arheiter-Zeitung at the request of a man who invited me to speak. The Arheiter-Zeitung is an afternoon daily paper, and appears at two o’clock. About eleven o’clock a circular calling the I Haymarket meeting was handed to me to be inserted in the Arbeiter- !. Zeitung, containing the line, ‘ Workingmen, arm yourselves and appear 1 in full force.’ I said to the man who brought the circular that if that i was the meeting which I had been invited to address, I certainly should ! not speak there on account of that line. He stated that the circular had not been distributed, and I told him if that was the case and if he would take out that line it would be all right. Mr. Fischer was called down at that time, and he sent the man back to the printing-office to have the line taken out. I struck out the line myself before I handed it to the compositor to put it in the Arheiter-Zeitung. The man who brought the circular to me and took it back wdth the line stricken out was on the stand here—Grueneberg, I believe is his name.” When he walked down to the Haymarket that evening with his brother Henry he expected to address the meeting in German. Finding t no other speakers there he opened the meeting. When he asked for i Parsons some one told him that Parsons had been seen shortly before ' at the comer of Halsted and Eandolph, two blocks west. He told him to go and call him. “ He left and stayed quite a while, and I left the wagon myself, and in the company of my brother Henry, one Legner and Schnaubelt, whom I had just met, w'ent up the street to find Par¬ sons. Schwab was not with me at that time or at any time during that evening. Schnaubelt told me that I had been wanted at Peering, but f as I had not been at hand Schwab had gone out there. After I left I the wagon I did not go to the mouth of Crane’s alley. I did not even I know at the time that there was an alley there at all. I did not enter the alley with Schwab; had no conversation with him there in which = I referred to pistols and police, and Schwab asked whether one would be enough, etc., nor anything of that kind; neither did I have that con. I versation with anybody else. I left the wagon and moved in a south¬ westerly direction obliquely across the street to the comer of the street. From there I w-ent in company with those I mentioned up on Piandolph 136 TESTIMONY FOR THE DEFENSE. street (west), beyond Union and pretty near Halsted street, but seemg only a few people, probably twenty or twenty-five, standing there scat¬ tered, and not seeing Parsons, we returned, walking on the north side of Eandolph street, as we had in going down. I went on the wagon and addressed the meeting. I had no conversation with Schwab at or about the crossing of Union street in which we spoke about being ready for them and that they are afraid to come. I had no such conversa¬ tion with any one. I don’t remember exactly of what we were speak¬ ing, but Schnaubelt and I, as we walked along, were conversing in German. I have known Schnaubelt for about two years. I think he has not been in the country more than two years. lie cannot speak any English at all. I never had an English conversation with him, and I don’t know of anybody who ever attempted to carry on a conversation with Schnaubelt in English.” He then gave a sketch of his remarks that evening, substantially as already given, which is uncontradicted by the evidence of others. On seeing Mr. Parsons present, and being fatigued, he stopped and in¬ troduced Mr. Parsons. When Parsons had concluded, the hour being late, he asked Mr. Fielden to say a few words in conclusion and then adjourn. When the police came the meeting was almost as well as adjourned, there being only about 200 left. The appearance of the weather was so threatening that most of the people left. His brother and Legner helped him to alight from the truck upon hearing Capt. Ward’s summons to disperse. Distinctly heard Fielden respond that the meeting was a peaceable one. On reaching the ground he heard the explosion and thought it was a cannon. “ Fielden did not draw a revolver and fire from the wagon upon the police or in their direction. I did not, before the explosion of the bomb, leave my position upon the wagon, go into the alley, strike a match and light a bomb in the hands of Eudolph Schnaubelt. Schnaubelt is about six feet three inches tall, I should judge, of large frame and large body. Q. What is the usual language in which you carried on conversa¬ tions with Schwab ? To this question Mr. Grinnell objected and was sustained by Judge Gary. He ■ remembered the witness Wilkinson, a reporter, who came to interview him. Among other things “ he asked whether I had ever seen or possessed any bombs ? I said yes, I had had at the office for probably three years four bomb-shells; two of them had been left at the office in my absence, by a man who wanted to know if it was a good constructi(ffi; the other two were left with me one day by some man who came, I think, from Cleveland or New York, and was going TESTIMONY FOR THE DEFENSE. 137 to New Zealand from here. I used to show those shells to newspaper reporters, and I showed one to Mr. Wilkinson and allowed him to take it along and show it to Mr. Stone; I never asked him for it since. * * * “ Talking about the riot drill that had been shortly before held on the lake front, and about the sensational reports published by the papers in regard to the armed organizations of Sociahsts, I told him that it was an open secret that sctoie 3,000 Socialists in Chicago were armed; I told him that the arming of these people, meaning not only Socialists but workingmen in general, began right after the strike of 1877, when the police attacked workingmen at their meetings, killed some and w^ounded others ; that they w’ere of the opinion that if they would enjoy the rights of the constitution, they should defend them too, if necessary; that it was a kno\vn fact that these men had par¬ aded the streets, as many as 1,500 strong at a time, with their rifles; so that there was nothing new in that, and I could not see why they talked so much about it. And I said that I thought they were still arming and I wished that every workingman was well armed. “ Then we were speaking generally on modern warfare. Wilkin¬ son was of the opinion that the militia and the police could easily de¬ feat any effoi-t on the pait of the populace, by force, could easily quell a riot. I differed from him. I told him that the views the hourgeoise ! took of their military and pohce was exactly the same as the nobihty took, some centuries ago as to their owm armament, and that gun- ; powder had come to the relief of the oppressed masses and had done ’ away with aristocracy very quickly; that the iron armor of the nobil- ; ity was penetrated by a leaden bullet just as easily as the blouse of i the peasant; that dynamite, like gunpowder, had an equalizing, level- [. ing tendency, that the two were children of the same parent, that djmamite would eventually break down the aristocracy of this age and ’ make the principles of democracy a reality. I stated that it had been attempted by such men as General Sheridan and others, to play havoc with an organized body of military or police by the use of dynamite, and it -would be an easy thing to do it. It was a kind of disputing dialogue wdiich we carried on. He asked me if I anticipated any trouble, and I said I did. He asked me if the Anarchists and Social¬ ists were going to make a revolution. Of course I made fun of that; told him that revolutions were not made by individuals or conspir¬ ators, but were simply the logic of events resting in the condition of things.” Witness then proceeded to illustrate how the militia could be effectively resisted by the use of fire-arms and dynamite in case the 138 TESTIMONY FOE THE DEFENSE. contingency should arise. “ I knew he wanted a sensational article for publication in the News, but there was no particular reference to Chi¬ cago, or any fighting on our part. The topic of the conversation was that a fight was inevitable, and that it might take place in the near future, and what might and could be done in such an event; it was a general discussion of the possibilities of street warfare under modem science.” Admitted having written the word “ Kuhe ” for insertion in the Arbeiter-Zeitung on May 4. He was in the habit of receiving an¬ nouncements from labor organizations and unions, and on that day received a letter in German which read: “ Mr. Editor, please insert in the letter box the word ‘ Kuhe ’ in prominent letters.” Accordingly he had done so. “ The manuscript which is evidence is in my hand¬ writing. At the time I wrote the word and sent it up to be put in the paper, I did not know of any import whatever attached to it. My attention was next called to it a little after three o’clock in the afternoon. Balthazar Rau, an advertising agent of the Arbeiter-Zeitung, came and asked me if the word ‘ Kuhe ’ was in the Arbeiter-Zeitung. I had my¬ self forgotten about it, and took a copy of the paper and found it there. He asked me if I knew what it meant; I said I did not. He said there was a rumor that the armed sections had held a meeting the night before, and had resolved to put in that word as a signal for the armed sections to keep themselves in readiness in case the police should precipitate a riot, to come to the assistance of the attacked. I sent for Fischer, who bad invited me to speak at the meeting that evening, and asked him if that word had any reference to that meet¬ ing. He said none whatever, that it was merely a signal for the boys, for those who were armed, to keep their powder dry, in case they might be called upon to fight within the next few days. I told Rau that it was a very silly thing, or at least there was not much rational sense in that, and asked him if he knew how it could be managed that this nonsense would be stopped, how it could be undone; and Rau said he knew some persons who had something to say in the armed organizations, and I told him to go and tell them that the word was put in by mistake. 1 was not a member of any armed section; I have not been for six years. “ I know absolutely nothing about the package of dynamite which was exhibited here in court and was claimed to have been found in a closet in the Arbeiter-Zeitung building; I never saw it before it was produced here in court.” When arrested he was attending to his usual work in the office. When taken to the pohce headquarters they were received by the super- TESTIMONY FOE THE DEFENSE. 139 intendent, who accosted them as follows: “ You dirty, Dutch sons of bitches, you dirty hounds, you rascals, we will choke you, we will kill you,” forgetting in his rage that he was himself a German. “ Then they j umped upon us, tore us from one end to the other, went through our pockets, took my money and everything I had. I never said any¬ thing.” Under cross-examination he was interrogated at length upon mat¬ ters which did not appear in his direct examination, which, notwith¬ standing every objection, were uniformly admitted by the court, and thus converted into a witness for the prosecution against himself. For instance, he was made to identify a postal card from Johann Most, and admit having received it, though he had never carried on any cor¬ respondence with Most. As to the phrase, “the social revolution,”' sometimes used in his articles, he always meant by it the evolutionary process, or changes from one system to another, which takes place in society. “ I wrote the ‘ Eevenge circular,’ everything except the word ‘Eevenge.’ I wrote the line, ‘ "Workingmen, to arms ! ’ When I wrote it I thought it was proper; I don’t think so now. I wrote it to arouse the working people who are stupid and ignorant to a consciousness of the condition they were in, not to submit to such brutal treatment as that by which they had been shot down at McCormick’s the previous day. I Avanted them not to attend meetings under such circumstances unless they could resist. I did not want them to do anything in par¬ ticular. That I called them to arms is a phrase, probably an extrav¬ agance. I did intend that they should arm themselves, and it would be well for them if they were all armed. I called upon them to arm themselves, not for the purpose of resisting lawfully constituted author¬ ities of the city and county, in case they should meet with opposition from them, but for the purpose of resisting the unlawful attacks of the poHce or the unconstitutional and unlawful demands of any organiza¬ tion, whether police, militia or any other.” The letter from Most, not referred to in the direct examination, which was taken from the Arbeiter-Zeitung office without warrant, and had no reference to the case, and certainly none to the other defend¬ ants, was then offered in evidence by the State. Objection thereto waa made, but, as usual, unavailingly. The letter was translated, and ap¬ pears on the record as follows: “ N. Y., 1884. “ Dear Spies :—Are you sure that the letter from the Hocking Val¬ ley was not written by a detective ? In a week I will go to Pittsburgh, and I have an inclination to go also to Hocking Valley. For the pres¬ ent I send you some printed matter. There Sch. ‘ H’ also existed bui 140 TESTIMONY FOE THE DEFENSE. on paper. I told you this some months ago. On the other hand I am in a condition to furnish ‘medicine,’ and the ‘genuine’ article at that. Directions for use are probably not needed with these people. Moreover, they were recently published in the “Fr.” The appliances I can also send. Now, if you consider the address of Buchtell thor¬ oughly reliable I will ship twenty or twenty-five pounds. But how? Is there an express line to the place, or is there another way possible ? Don’t forget to put yourself into communication with Drury in refer¬ ence to the English organ. He will surely work with you much and well. Such a paper is more necessary than The Truth. This, indeed, is getting more miserable and confused from issue to issile, and in gen¬ eral is whistling from the last hole. Enclosed is a fly-leaf which re¬ cently appeared at Emden and is, perhaps, adapted for reprint. Greet¬ ing to Schwab, Eau and you. Yours, Johann Most. “P. S.—To Buchtell I will, of course, write only in general terms.” The postal card which was offered by the State in evidence where eight lives were in jeopardy, read as follows: ‘L. S. (presumably. Dear Spies):—I had scarcely mailed my let¬ ter yesterday when the telegraph brought news from H. M. One does not know whether to rejoice over that or not. The advance is in itself elevating. Sad is the circumstance that it will remain local, and there¬ fore might not have a result. At any rate, these people make a better impression than the foolish voters on this and the other side of the ocean. Greetings and a shake. Yours, “J. M.” Albert E. Parsons was called. Caused a notice calling for a meet¬ ing of the American group on the evening of May 4 to be inserted in the Daily News of that evening, “In the evening I left my house in company with Mrs. Holmes, my wife and two children about eight o’clock; we walked from home until we got to Eandolph and Halsted streets. There I met two reporters that I had seen frequently at work¬ ingmen’s meetings. One of them was a Times reporter whose name I don’t know; the other was Mr. Heinemann of the Tribune." Taking the car, they proceeded to 107 Fifth avenue, where, as all witnesses agree, the only topic of discussion was how best to organize the sewing women of Chicago. While there some one came and said there was a large body of people at the Haymarket and no one to address them but^ Mr. Spies, and witness and Mr. Fielden were urged to go there. He had returned from Cincinnati, Ohio, that morning, and knew nothing of that meeting. After his speech he mounted another wagon where his wife and Mrs. Holmes were seated and remained about ten minutes, when a sud¬ den coolness in the atmosphere attracted his attention. “ I looked up TESTIMONY FOE THE DEFENSE. 141 and observed white clouds rolling over from the north, and as I didn’t want the ladies to get wet I went onto the speakers’ wagon and said: ‘Mr. Fielden, permit me to interrupt you a moment.’ ‘ Certainly,’ he said. And I said, ‘ Gentlemen, it appears as though it would rain; it is getting late, we might as well adjourn anyway, but if you desire to continue the meeting longer we can adjourn to Zepf’s Hall, on the cor¬ ner near by.’ Some one in the audience said, ‘ No, we can’t, it is occu¬ pied by a meeting of the Furniture Workers.’ With that I looked and saw the lights through the windows of the hall and said nothing further. Mr. Fielden remarked that it did not matter, he had only a few more words to say.” Witness then went back to where the ladies were, and, as did .the larger portion of the crowd, at once left the meeting. The speaking having made him somewhat hoarse, they, with a friend, Mr. Brown, went to Zepfs Hall to get a glass of beer. While there he also saw Mr. Fischer seated at one of the tables. Anxious to go home and get rest, he looked out to see if the meeting had not closed, and “.all at once I saw an illumination. It lit up the whole street, followed instantly by a deafening roar, and almost simultaneously volleys of shots followed, every flash of which it seemed I could see. The best comparison I can make, in my mind, is that it was as though a hundred men held in their hands repeating revolvers and flred them as rapidly as possible until they were all gone. That was the flrst volley. Then there were occasional shots, and one or two bullets whistled near the door and struck the sign. I was transflxed. Mrs. Parsons did not move. In a moment two or three men rushed breathlessly in at the door. That broke the apparent charm that was on us by the occurrence in the street, and with that I called upon my wife and Mrs. Holmes to come with me to the rear of the saloon.” Witness then proceeded to recapitulate for the benefit of the jury the points of his speech of that evening, as given in preceding pages. In the course of his speech he said: “In the light of these facts and of your inalienable right to life, liberty and the pursuit of happiness, it behooves you, as you love >our wives and children, and if you would not see them perish of want and hunger, yourselves killed or cut down in the streets, Americans—in the interest of your liberty and independ¬ ence, to arm, to arm, to arm yourselves.” A voice said, “We are ready now.” Parsons responded, “ You are not.” ’ Several witnesses having saidthat he used the expression “ To arms! to arms! to arms! ” corroboration of this statement is essen¬ tial, and it is not wanting. It was a very natural mistake for persons in the audience, not listening closely and not taking notes of the 142 TESTIMONY FOE THE DEFENSE. speech, to have received that erroneous impression. The reader will remember the testimony of Mr. Enghsh, a reporter for the Tribune, from whose notes we have given Mr. Fielden’s speech. We have re¬ served Mr. English's testimony to bring in in connection with this point. His notes are identically the same, containing also the same interruption and reply. And Mr. English says positively that when Parsons said “ to arms ” he said it “ in his ordinary way of talking. I did not notice any difference in him when he said that.” He says further that this expression followed shortly an utterance of Parsons in the following language: “ I am not here for the purpose of inciting anybody, but to speak out, to tell the facts as they exist, even though it shall cost me my life before morning.” The short-hand notes of Mr. English are surely more reliable than the testimony of other witnesses testifying merely from recollec¬ tion. And further, bear in mind the fact that Mr. Enghsh was under in¬ structions to report only “ the most inflammatory utterances,” and that his entire notes of Parsons’ speech would not make here even one page of print; showing that he found scarcely anything to report under his instructions. There is not a single point in the speech as delivered before the jury that conflicts with the few notes that Mr. English took, a plain indication that it was a moderate utterance for the time and place. Certainly there was nothing in that speech which in the remotest degree incited immediate violence, or indicated in any man¬ ner that the speaker contemplated any immediate outbreak on the part of his audience or any portion of it, a fact still further sustained by Mayor Harrison’s testimony as to its nature. Under cross-examination he said that for the past two years he had been editor for the Alarm, for which he received eight dollars per week. He made no mention of dynamite that evening; admitted be¬ ing a Socialist and an Anarchist, as he understood those terms. W. A. S. Geaham, the reporter of the Times who talked with Gilmer on the 5th of May about the bomb, testified to that fact. The conversation was in the corridor of the City Hall, just outside the police headquarters. “ He said to me in that conversation, at the time and place referred to, that he saw the man light the fuse and throw the bomb, and added ‘ I think I could identify him if I saw him.’ I asked him what kind of looking man he was, and Gilmer said; ‘He was a man of medium height, and I think he had whiskers, and wore a slouch hat, but his back was turned to me.' And to the best of my recollection Gilmer said the man had dark clothes. He said nothing about anybody else in that connection. TESTIMONY FOK TEtE DEFENSE. 143 “ I had this conversation about four o’clock in the afternoon of May 5. I talked with him about three or four minutes.” At this point the defense rested and by agreement the following articles were read to the jury: For the State an extract from the Alarm, which, as epitomized, read as fellows: “ THE EIGHT TO BEAE AEMS. “ After the conspiracy of the workingmen, [which expression did not appear in the Alarm,] the working classes in 1877, the breaking up of the meeting on Market square, the brutal attack upon a gathering of furniture-workers in Vorwart Turner Hall, the murder of Tessmann and the general clubbing or shooting down of peaceably inclined wageworkers, the proletarians organized the Lehr und Wehr Verein, which in about a year and a half had grown to a membership of about one thousand. This was regarded by the capitalists as a menace, and they procured the passage of the militia law, under which it became an offense for any body of men, other than those authorized by the governor, to assemble with arms, drill or parade the streets. The members of the Lehr und Wehr Verein, mostly Socialists, who be¬ lieved in the baUot, made up a test case to determine the constitution¬ ality. of this act, rejecting the counsel of t'he extremists. Judge Barnum held the law to be unconstitutional—an appeal was taken— and the Supreme court upset this decision and held the law constitu¬ tional. Thereupon the Lehr und Wehr Verein applied to the Supreme Court of the United States, which, within a few days, af&rmed the decision of the Supreme Court of the State. Do we need to comment on this ? “ That militia'law has its uses. Where there was before a mili¬ tary body, publicly organized, whose strength could be easily ascer¬ tained now there exists an organization whose numbers cannot be estimated, and a network of destructive agencies of modern military character that will defy suppression.” The defendants submitted and read to the jury Victor Hugo’s well-known “ address to the Eich and Poor, ” containing language far more startling; an article from the Alarm by Parsons defining An¬ archy, as follows: “ ANAECHY vs. GOVEENMENT. ‘ Anarchy, from the Greek, meaning no government, is the denial of the right of coercion—the abrogation of statute law, a constitution by means of which man governs his fellow man. In behalf of govern¬ ment it is argued that man is wicked and must be restrained, and 144 TESTIMONY FOE THE DEFENSE. therefore government is necessary. The free society which Anarchy would establish proceeds upon the theory that under natural law men could not but act right, since none would be protected in wrong doing. “ Under government we see the standard of right and wrong reg¬ ulated by enactments. One portion of society dictating to the other and exacting service. Anarchy teaches that law is to be discovered, not manufactured, and that conformity to natural law means happi¬ ness ; disregard thereof, misery. The form of government is imma¬ terial. Anarchy denies the right of one man to rule another, and to the shibboleth, ‘ The greatest good to the greatest number ’ answers, ‘ The greatest good to all.' Under Anarchy arbitration would take the place of courts; asylums of prisons; voluntary co-operation of wage-slavery. Exchange of equivalents would take the place of the system of competition and modern commerce. The workshops would belong to the workers, the tools to the toilers, the product to the pro¬ ducers, while the means of existence would become the heritage of the race. Occupation and use would be the sole title. But under government natural law is set aside by statutory enactment. Natural law is self-enforcing—statutory law requires the paraphernalia of courts, jail, pohce and armies to its enforcement.” The following incendiary language of John Stuart MiU was quoted to the jury from the Alarm : “ If, therefore, the choice were to be made between Communism, with all its chances, and the present state of society, with all its suf¬ ferings and injustice; if the institution of private property necessarily carries with it as a consequence that the produce of labor should be ^apportioned, as we now see it, almost in an inverse ratio to the labor —the largest portion to those whose work is almost nominal, and so on, in a descending scale, the remuneration dwindling as the work grows harder and more disagreeable, and until the most exhausting and fatiguing bodily labor cannot count with certainty on being able to earn the necessaries of life; if this or Communism were the alter¬ native, all the difficulties, great or small, of Communism would be as dust in the balance.” There was also submitted another extract from the Alarm, being a passage from a discourse delivered in New York by the Eev. Dr. Ky- lance, in which he indulged in the following expressions : “ FORCIBLE GOSPEL. Patronizing talk was of no use as a remedy for existing evils. Workingmen were not to be won over by mere potent eloquence. It was no use telling a man that if he were industrious and saved his money he might become a capitalist himself, when, in many cases, the EEBUTTING EVIDENCE. 145 amount he received as wages was barely sufficient for a mere existence. The tyranny of capital was fast becoming as bad as European despot¬ ism. He contrasted the squalid tenements and crowded neighborhoods in which the working people were huddled together with the stately residences of those who lived in luxury from the results of labor, and maintained that poverty was not the result of ignorance, and that wealth was the result of co-operation of labor and capital. The pres¬ ent condition of capital was founded on force and not on knowledge.” The State then proceeded to introduce rebutting evidence. Captain Bonfield, recalled, admitted having a conversation with Mr. Simonson on the night of May 4, but denied haviug made the assertion that he “ would like to get a crowd of three thousand with¬ out the women and children, and in that case make short work of them.” Eichaed S. Tuthill, a lawyer, would believe Harry L. Gilmer under oath from what he knew of him. Admitted that Gilmer had never been to his house or any place of entertainment with him; never knew where he lived nor his neighbors, nor even investigated his character. Charles A. Dibble, a lawyer, knew Gilmer and would believe him under oath. Admitted that he didn’t know where Gilmer lived for three years past; Gilmer was never at witness’house; had met him at picnics, but had never introduced his family or anybody to him; having never heard anything against him supposed his reputation good ; their meetings were casual. John Steele, painter, knew Gilmer for six or seven years; would believe him under oath. Admitted that they had never worked to¬ gether, never knew where Gilmer lived or of his neighbors’ opinion as to his character. Witness had marched with Gilmer in a military com¬ pany and seen him at balls, but “ I never introduced Gilmer to my wife or to my daughter, or to anybody, or to any of my acquaintance.” Other witnesses were called who testified to the same effect. Some had met Gilmer in the militia at their regular drill, but didn’t know anything of his habits, whether married or single, or where he lived. Witness from Des Moines swore to the reputation of Gilmer as good while residing there. Ex-Judge Cole, while willing to believe him under oath, had known nothing about him since 1879. Though knowing him in Des Moines, had never invited him to his house. He had occasionally em- 146 EEBUTTIN^G EVIDENCE. ployed Gilmer by the day, “ paid him, and with that our associations substantially terminated.” Others for whom he had worked as a painter doing odd ■jobs were equally ignorant of Gilmer’s habits. He had worked in their houses and nothing was missing; never heard his character disputed and con¬ sequently never investigated it; knew him as a mechanic and not as an associate or friend. It appeared, however, that he had served as a special policeman while living there. In Chicago he was a member of the Veteran Police Patrol, and employed as police patrolman in strikes. John L. Manning, lawyer and manager of the Veterans’ Police Pa¬ trol, said in reference to Gilmer: “ I employed him on the occasion of a strike on the Wabash road. I did not have him on the 4th of May; I had him on the night of the 7th, 8th and 9th of May; he was a spe¬ cial deputy sheriff under the management of our officers on the Wa¬ bash road; his duties were simply to guard the property. I only know Gilmer from that occasion and from meeting him at the Veteran Club; I recommended him a great many times for employment as a member of the club. I don’t inow anything about his reputation for truth and veracity in the neighborhood in which he lived.” Asa sample of the testimony brought to sustain the character of Gilmer we will quote from the last witness brought forw^ard: C. F. Schaefer, of Des Moines, Iowa. Had been a policeman there for nearly nine years; knew Gilmer and would believe him under oath. Under cross-examination witness said; '* I got acquainted with Gilmer in 1876, about the time he went on the police force as special officer on the occasion of the Centennial. He was on the force off and on, when we needed any officer. He seemed to be busy at work in the city, and when we called him for assistance he generally went to work. I don’t know where Gilmer lived in 1876, but I knew where his wife died; that was about nine blocks from where I livpd. I never visited at his house nor he at mine, except that he did a job of painting for me. I did not inquire around his associates in the neighborhood where he resided, or within several blocks around his house, about his reputation. I don’t know anything about what he did since he went away from Des Moines.” Edward Furthman testified that John Bemett told him on the 6th Or 7th of May that the bomb was thrown from ten to fifteen feet smth of the alley. Another witness said that he was engaged in the fish business on the corner of Desplaines and Eandolph streets, and that he had some fish boxes on the sidewalk on the evening of May 4. Fourteen police officers then followed and swore that on the even¬ ing in question they had nothing “ bright and shining” in their hands before the bomb was thrown, whereupon the case rested. CHAPTEE X. REVIEW OF THE EVIDENCE. The position taken by the State may be summed up briefly as follows: They contended that the death of Began was murder, resulting from a conspiracy, a conspiracy in which all of the defendants were held to be accessory; that its general object and design was the over¬ throw of the existing social order and of the constituted authorities of the law, by force. This premise being assumed they proceeded to lay down the law of conspiracy, to wit: 1. Where there is a conspiracy to do an unlawful act, which naturally or probably involves the use of force or violence, the act of each conspirator done in furtherance of the common design is the act of all. If murder results, all are guilty of murder; and that, too, although the conspirator who does the act cannot be identified; and 2. Even though the particular act may not have been arranged for, or the means of its perpetration, provided the act was the natural result of the conspiracy and was perpetrated in furtherance of this common design; whether the act was the act of a member of the conspiracy, whether it was done in furtherance of the common design, is a question for the evidence to determine. As to the competency of the evidence the prosecution held that: 1. Any act or declaration of any of the defendants tending to prove the conspiracy, or the connection of that defendant with it, whether made during the existence of the conspiracy or after its com¬ pletion, is admissible against him. 2. That the conspiracy having been established in the opinion of the trial judge, any act or declaration of any member of the conspiracy, though he may not be a party defendant, in furtherance of the con¬ spiracy, is evidence against all the conspirators on trial. 3. That the conspiracy per se may be established in the first in¬ stance by evidence having no relation to the defendants. It may be shown by acts of different persons at different times and places and by any circumstances which tend to prove it. It is admitted that neither of the defendants on trial actually threw the bomb, that the language used in their writings and speeches 148 EEVIEW OF THE EVIDENCE. was general in its character and not specifically directed to any par¬ ticular person to do any particular act, but that the law of accessories was sufficient to convict them of murder, even though that party was unknown. To sum up the whole spirit of the prosecution without doing them any injustice we might say that the defendants were tried for being social heretics, for long and persistent invective against social conditions, for prominence as “ leaders.” Judge Gary gave the following illustration of the law: “ Suppose that the leaders of the radical temperance men should for a long period of time, by speeches and publications, declare that there was no hope of stopping the evils of the liquor traffic except by blowing up saloons and killing saloonkeepers; that it was useless to expect any reform by legislation; that no prohibition laws or high license laws, or any other laws, would have any effect in their estima¬ tion, and that therefore they must blow up the saloons and kill the saloonkeepers, and justify that course of conduct. Suppose, further, that in addition to all this teaching they had further taught the means by which saloons could be blown up and saloonkeepers killed, advising how to manufacture dynamite, the easiest mode of making bombs, how to throw them and declaring that their use against the saloonkeepers and the saloons was the only remedy and the only way to reach the end desired by the radical temperance men. Then supposing these same leaders called a meeting in front of the saloon at 54 West Lake street, Chicago, and spoke denouncing the liquor traffic and denounc¬ ing the saloons and the saloonkeepers, indulging in figures and facts about the liquor traffic, and one would say, ‘ If you are ready to do anything, do it without making any idle threats,’ and another speaker says, ‘throttle,’ ‘kill,’ ‘stab’ the saloon busines, ‘or it will kill, throttle and stab you and then while that speaking is going on some unknown man out of the crowd, with a bomb of the manufacture and design of the temperance men, explodes No. 54 West Lake street and kills the occupant of the house. Can there be any doubt that such leaders, so talking, so encouraging, so advising, would be guilty of mui’der ?” Without entering into any discussion of the exactness of the par¬ allel, would it not have been still more so if the learned jurist had further “ supposed ” that the suppositious meeting had been invaded by 180 armed and drilled saloonkeepers with the avowed intent to dis¬ perse the assemblage by force ? We have given at some length the position taken by the prosecu¬ tion. Does the evidence sustain it ? Let us first take into considera- REVIEW OF THE EVIDENCE. 149 tion the character of the Haymarket meeting itself, as shown by the record. The Haymarket, so called, is a widening of Eandolph street be¬ tween Desplaines and Halsted streets, extending a distance of two blocks. The territory was sufficiently large for the holding of an im¬ mense meeting, and the evidence shows that when it was called a very large attendance was expected. This expectation was not realized. Only here and there small groups of men gathered on the Haymarket square, and the speakers were late in arriving. At the hour named, 7:30 in the evening, no one was upon the ground to call the people together or to open the meeting. There is no contradiction of the tes¬ timony as to these points. It is proved alike by the witnesses for the State and for the defense, that no move was made toward calling to order the meeting itself until August Spies, looking around for a suit¬ able rostrum from which to address the crowd, selected the truck wagon which he found standing close to the edge of the sidewalk on Desplaines street, and directly in front of the steps leadmg up to the door entering into the Crane Bros’, manufacturing establishment. The end of the wagon was some six or eight feet, or more, north of the north line of the Crane Bros’, alley. This is a short alley, as shown by the diagram, which enters the block from Desplaines street towards the east upon the south line of Crane Bros', building, and extends about halfway through the block, then makes a junction with another short alley extending out from the point of junction southward to Eandolph street. This alley is a perfect trap rather than a means of escape, as all egress from it could be stopped by a handful of men at the Eandolph street exit. Having selected the wagon Mr. Spies mounted it about half-past eight o’clock and inquired for Parsons. Parsons not responding. Spies dismounted from the wagon and went in search of him, being absent, as estimated by the different witnesses, from five to ten minutes, and returning again, mounted the wagon and commenced to speak. He spoke about twenty minutes. As soon as Parsons and Fielden arrived Spies brought his remarks to a close and introduced Parsons. Par¬ sons did not commence to speak until about nine o’clock; he spoke from three-quarters of an hour to an hour. At the end of Parsons’ speech Fielden was introduced. He spoke ab.out fifteen minutes ; and at about ten minutes past ten o’clock, when he was about concluding, his speech was interrupted by the arrival of the police, the order to disperse, and the subsequent explosion of the bomb. From its beginning to its close, the meeting was as orderly as any ordinary out-door meeting. Mr. English, the Tribune reporter and 150 EEVIEW OF THE EVIDENCE. present private secretary to Mayor Koche, says : “ It ■was a peaceable and quiet meeting for an out-door‘meeting. I didn’t see any turbu¬ lence. I ■was there all the time.” Mayor Harrison’s testimony was equally explicit. He estimated the audience at one time to be from 800 to 1,000; but when the cloud, threatening rain, came up ” there was not one-fourth of the crowd that had been there during the evening, listening to the speakers at that time. When I went to the station, during Parsons’ speech, I stated to Capt. Bonfield that I thought the speeches were about over ; that nothing had occurred yet, or looked likely to occur, to require inter¬ ference, and that he had better issue orders to his reserves at the other stations to go home.” While alarmed lest the meeting might be a covert plan to attack McCormick’s, yet in listening to the speeches he concluded it was not an organization to destroy property that night, and went home. This was the testimony of the chief executive officer of the city, who was there upon the ground, charged with the duty of preserving the peace and preventing violence. Did the meeting change its char¬ acter in the twenty minutes intervening between the mayor’s departure and the ordering out of the police ? All witnesses agree that the audi¬ ence was rapidly thinning out, that Fielden had twice said “ in con¬ clusion,” that no resistance was given to the approach of the police or crowd sufficient to impede their progress. As to the character of this movement of the police, the testimony of the officers themselves shows that the order to fall in was given urgently; there was no halting of the head of the column until the complete column was formed; the head of the column moved without halting at a rapid march, so that those who came later out of the station and formed the second and third companies of the column were compelled to proceed almost if not quite at a double quick in order to get their position in the line, and that they did not, in fact, gain that position until the head of the column had reached the position of the halt. This appears from the testimony of Lieutenant Stanton, Ferguson and Gleeson. No explanation is given by any of the officers in charge of the force that night of this singular haste. The reader will bear in mind, how¬ ever, that both Holloway and Weimeldt when on the stand were pre¬ pared to testify that they had been informed at the station that blood would flow before midnight, and that Judge Gary refused to permit them to do so. Here was in process of dissolution a meeting from which no violence or danger was apprehended before. Captain Bonfield says that he was in receipt of constant information from this meeting. We are therefore warranted in saying that when he ordered his men to fall KEVIEW OF THE EVIDENCE. 15. in he must have known that the meeting was about to break up and the people to go home; that he knew up to the time of the latest advices received by him that no proposal to do any unlawful act had been ad¬ vanced, and no turbulent or lawless character had been developed in the meeting itself. Substantially all the witnesses concur in saying that the meeting was more enthusiastic and responsive while Parsons spoke than whenFielden spoke, a position vouched for by the fact that those present were wearied of their long standing in the cold street. When Captain Ward ordered the meeting to disperse lie turned at once to the bystanders and said: “ And I call upon you and you to assist.” To assist in what ? In dispersing a meeting that was refusing to peacefully disperse upon command? Was it a riotous or unlawful assemblage of citizens ? Did it in any way menace the peace and dig¬ nity of “the people of the State of Illinois?” Nothing of the kind. No resistance was attempted by the speakers, unless it was Fielden’s exclamation of surprise, “We are peaceable.” When the order to dis¬ perse was given no reasonable and proper opportunity for compliance was given, or a moment allowed to see whether it would not be complied with, but there was an immediate call upon the bystanders to assist in the forcible dispersion of a meeting that was confessedly quiet, orderly, peaceable, small in numbers, and upon the very eve of voluntary dispersion. Where were the alleged conspirators? Upon the arrival of the police Spies and Fielden alone were present. Parsons and Fischer had left and were in Zepf’s Hall. Schwab was at Peering. Engel, Lingg and Neebe were quietly sitting in their own homes. The order for dis¬ persion was given but a minute before the bomb exploded. Gilmer swore that he saw Spies get down from the wagon, come into Crane’s alley with Fischer and Schnaubelt, and saw him light the bomb that was thrown from the alley. The improbabilities of this story are: 1. He made no outcry. 2. He did not tell of this to any one, although the same evening and a few moments afterward he had different conversations about the meeting, and talked with people in the street car going home 3. He would not be positive he ever even told Bonfieid he saw the fuse lighted. 4. He was not called before the coroner’s jury the next day, nor before the grand jury, where there were full investigations, notwith¬ standing before the grand jury met he had talked with the prosecuting officer in reference to wffiat he knew. 5. He told Grinnell these facts (?) Sunday morning after the Hay- 152 KEVIEW OF THE EVIDENCE. market meeting on Tuesday evening, but didn’t tell him he knew the parties. 6. The prosecuting attorney, Mr. Grinnell, in his opening speech, said he had a witness who sq,w a man light and throw the bomb, instead of two men, as Gilmer subsequently swore. Gilmer stated that he only told Mr. Grinnell that he believed he could identify the person who threw the bomb if he saw him. He ad¬ mitted to having received unknown sums of money from time to time from the prosecution. Witness was six feet three inches in height and could nearly see right over the head of the man who threw the bomb. The testimony absolutely demolishes this “evidence,” and in ashing instructions the prosecution virtually abandoned it. The record shows that Gilmer’s testimony did not fit Schnaubelt, whose photograph he identified as that of the bomb-thrower, probably because he was absent, for Schnaubelt was of equal heighth, and witnesses swore that he left the meeting before the police arrived. That Spies did not leave the wagon—and therefore could not have been in the alley before the bomb was thrown—is abundan|tly proven. AUGUST SPIES. 1. August Spies himself so testifies. He says that his brother Henry and Ernst Legner helped him down; that just as they reached the sidew’alk the bomb exx)loded. They were pushed by the fleeing crowd to the north, away from the alley, which was ten feet south and east, and went to Zepf’s Hall, three-quarters of a block north. 2. Spies gave the same account when first arrested. 3. Henry Spies testifies that when the police commanded the meeting to disperse his brother August wms still on the wagon and he assisted him to alight; that almost immediately afterward he was him¬ self shot in warding off a’pistol-shot from his brother, and there was no shooting by anybody, as the whole case shows, until after the bomb exploded. 4. Ernst Legner, who knew all these facts and assisted Spies from the wagon, was a witness before the grand jury and his name was in¬ dorsed as one of the witnesses for the State on the indictment, but for some unknown reason was not produced, nor have his whereabouts been since ascertained. We claim, therefore, that it follows as an irre¬ sistible conclusion that Ernst Legner, when under oath, gave substan¬ tially the same account as to Spies being on the wagon when the police came up and his helping Spies from the wagon, that was given by Spies to Bonfield after his arrest. Therefore, when the case was put together afterward Legner’s testimony was adverse to the new theory advanced EEVIEW OF THE EVIDENCE. 153 by Thompson and Gilmer, and he was not only left out as a witness on the trial, but mysteriously disappeared from tJie city! 5. That Spies urns seen to get down from the wagon after the order of dispersal was given by Joseph Bach, Max Mitlacher, Sleeper T. Ingram, Conrad Messer, August Krumm, William Albright, William Murphy, Adolph Tenues and Samuel Fielden. It is thus demonstrated by a conclusive preponderance of testi¬ mony that Mr. Spies did not leave the wagon until the order to disperse had been given. It is therefore impossible that he should have stood on the sidewalk at the side of the wagon in conversation with some¬ body before Gilmer went into the alley. The fact is, Gilmer said on his direct examination that Spies came down from the wagon into the alley and lighted the bomlj. But upon cross-examination he stated that at the time Spies came into the alley he, Gilmer, was standing about twelve or fourteen feet from the mouth of the alley, and was forced to admit that it was physically impossible for him to have looked around the corner and seen the wagon from that point. Finding him¬ self thus cornered, he said Spies did not get down off the wagon, but came from toward the wagon, where he had seen him standing on the sidewalk, before he (Gilmer) went into the alley. We have already shown by abundant testimony that Gilmer could not have seen Spies in the alley at all, as he remained on the wagon. As to the McCormick meeting the State signally failed to identify Spies with the riot, and the defense showed clearly that his mission there was a peaceable one. This is uncontradicted and appears from the testimony of Zeller, Urban, Witt, Breest, Schlavin, and Pfeiffer. Spies swears that he had no idea, when he was invited, of any relationship of McCormick’s employes to that meeting, or that the lo¬ cality of the proposed meeting was in the neighborhood of McCormick’s factory. Besides, it is shown, without contradiction, that the lumber- shovers whom Spies was addressing had absolutely no connection with the factory or employes of McCormick. While having no weight as regards the other defendants even if proven, its complete failure in reference to Spies himself show's that its only effect was to inflame the jury against Spies and his associates as dangerous labor agitators. In regard to the “ Eevenge circular ” but little need be said. But twenty-five hundred were printed, of which not more than half were distributed. Mr. Spies admits that he wrote it under a high degree of excitement. His testimony is manly and straightforward, but no evi¬ dence was brought to show' that Spies had any connection with armed groups of workingmen. Not one w'ord can be found in the circular itself which in any way relates to the Haymarket meeting, or to the 154 KEVIEW OF THE EVIDENCE. throwing of the bomb thereat. There is no evidence whatever that the party who threw the bomb ever read the circular, even heard of it or even was influenced or induced by it to commit the act charged in the indictment. Its being permitted to be introduced in evidence and read to the jury as evidence against all defendants was characteristic of the rulings of the court. The Haymarket circular, it will be remembered, was said to con¬ tain these words: “ Workingmen, arm yourselves, and appear in full force ! ” It is a matter of record that Mr. Spies ordered that line stricken out. His reasons for doing so he stated as follows: “ I objected to that principally because I thought it was ridiculous to put a phrase in which would prevent people from attending the meet¬ ing ; another reason was that there was some excitement at the time, and a call for arms like that might have caused trouble between the police and the attendants of that meeting.” It is not shown that any containing that line were distributed, while it appears that those which witnesses received on the street, some of which were presented in court did not contain the line in question. This is established by the testimony of Grueneberg, who carried the message to the prin¬ ters, and of Heun who set up the type. Further, in the Arbeiter-Zei- tung of that date the circular appeared without the line in question. The signal “ Euhe.” It appears from the testimony that on this, and previous occasions, it had been determined by the armed groups, in certain contingencies the word “ Euhe ” should appear in the Arheiter-Zeitung as a signal for certain meetings by those present. Theodore Fricke identified the manuscript of the word “Euhe” as in Spies’ handwriting, as well as a lot of other manuscript, but there is no evidence tending to show that Spies knew the significance of the word. This will be considered further when we come to the ex¬ amination of the alleged Monday-night conspiracy. MICHEL SCHWAB. The incriminating evidence added by the State against Mr. Schwab is alone that of M. M. Thompson. It is a matter of record that Mr. Schwab came to the Haymarket from the east. He was hunting Spies who came to the meeting from the north. Schwab went there before Spies came, and left before he came. When Schwab left for the court house to take the car to Deering, Spies was coming to the meeting from the north west, and they did not meet that night. Thompson’s testimony is substantially as follow's: He swears that before the meeting convened he was standing with his back against Crane Brothers’ building, some three or four feet from the alley, and facing west. He says that while in that neighborhood REVIEW OF THE EVIDENCE. 155 Schwab came down the street, witness not knowing him before, and that he inquired of Mr. Brazleton, a reporter, as to who that was, and Brazleton said it was Schwab. He says that very soon after that Spies, whom also he had never seen before or heard speak, rose up on a wagon and called out, “ Is Parsons here ?” in a loud tone of voice; that directly after making that inquiry Spies got down from the wagon, and, he and Schwab entered the alley, going into it about the middle and that there was a crowd there. They remained in the alley - about three minutes, and witness swears that standing three feet north of the alley, admitting that he could not see down the alley, and did not try to look into it, yet he distinctly heard a conversation between Spies and Schwab in which the words “pistols” and “police” were used, in a voice that he recognized as that of Spies, spoken in such a tone that nothing of the rest of the conversation could be caught; consequently, spoken in a low tone. Eemember, he could not see the speakers and admitted a crowd to be there. He had never heard Spies speak in the world, except that loud inquiry from the wagon, “ Is Parsons here? ” addressed to the crowd, yet he swears to Spies’ con¬ versational tones in a low conversation, out of his range of vision. And while he had never heard Schwab speak at aU, he swears he asked the question, “ Is one enough or had we better go and get more ?” He relates a story of then following them north on Eandolph street and back to the place of meeting where the two defendants and a third party, who stood with his back toward him, yet whom he was willing to identify from a photograph as Schnaubelt, fell into conver¬ sation ; that there Spies gave “ something ” to the third party and then they all went and got on the wagon. The evidence of a score of witnesses demonstrates its falsity in every particular. Cosgrove, one of the officers of the police force and a witness for the prosecution, swore that he was present in the crowd around that wagon when Spies got up and asked: “Is Parsons here ?” That there was a suggestion that Parsons was away somewhere and that some one would go and look for him. He then swears positively that Spies got down from the wagon, and that with a party of two or three men he proceeded south-westerly to Eandolph street and then he lost him. McKeough, the very next witness, a city detective officer, following that up, swears that he also was in that crowd when Spies got on the wagon and inquired for Parsons. He also swears that Spies got down from the wagon and with a party of men moved off; and he swears that Officer Myers and himself followed Spies to the corner. Now, that is the interval when, according to Thompson, instead of going south westerly, as Cosgrove swears, to the corner, and whither 1'56 EEVIEW OF THE EVIDENCE. McKeough swears tie followed him, Spies was asserted to have gone almost due east into this alley, and remained there a period of three minutes, in order to have this conversation about “ pistols ” and “police,” and “is one of them enough?” That is not aU of the testimony. It is a matter, of record that Schwab was at No. 107 Fifth avenue that evening and there received a telephone call to Deering, Spies being first called for, and that he left that place after receiving the message is evidenced by the positive testimony of Patterson, Waldo, Bach and Fielden. That the tele¬ phone message was sent from Deering is shown by the testimony of Preusser. That he was seen on the comer of Piandolph and Des- plaines streets, while looking for Spies to go to Deering, is evidenced by the testimony of two reporters, witnesses for the prosecution, Heinemann and Owen. No other witness except this man Thompson claims to have seen Schwab upon this alleged journey from the alley on Desplaines and Randolph streets and back again. That something after eight o’clock, hefoj'e the meeting ivas called to order, Schwab went south to the corner of Randolph and took an east bound car is shown by the testimony of Hermann Becker. That he, in fact, went to Deering and spoke there, is beyond ques¬ tion ; that the time requisite to go there prevented him from being at the Haymarket w^hen the speaking began is also clearly shown. Con¬ cerning his arrival at Deering the testimony of Preusser, Stittler, Radtke and Behrens confirm that of Schwab in every particular, and that he did not leave Deering, an hour’s journey from the Haymarket, till after half-past ten. Further, other evidence remains as to Schwab’s non-connection with the Haymarket meeting. Carl Richter, Robert Lindinger and Frederick Liebel all swore that they saw Spies when he asked for Par¬ sons from the wagon; that they stood at the entrance to the alley and are sure that he did not enter it. Liebel knew Schwab by sight, and although standing under the lamp-post at the corner of the alley, a few feet from the wagon when Spies asked, “Is Parsons here?” he did not see either of them go near the alley, nor saw Schwab that night. Three different witnesses, August Spies, his brother, Henry Spies, and Henry Zohl confirm the above. Zohl swears he stood in the street southwest from the wagon; that he knew these parties; that Spies passed him going from the W'agon directly southioest, precisely as Officer Cosgrove swore, down to that corner, to which Detective McEeough swears he followed him; and he says that the party consisted of August Spies, Henry Spies, Ernst Legner and Rudolph Schnaubelt. EEVIEW OF THE EVIDENCE. 157 The fact is worthy of attention that Brazelton, the reporter of the Inter Ocean, was named by Mr. Thompson as the man who pointed out Schwab to him upon the Haymarket some time before eight o’clock. Brazelton’s name was indorsed on the back of the indictment as one of the witnesses for the State, yet Brazelton was not produced by the State as a witness, even when the State was notified by the de¬ fendants to produce him, thus leaving Thompson’s story entirely unsupported. Another suspicious omission deserves attention. Ernst Legner, who assisted Mr. Spies from the wagon and who accompanied him when he went in search of Parsons, had his name indorsed on the indictment as a witness for the State, but he was not produced as a witness though formal notice was demanded by 'the defendants. This omission to produce Legner and his subsequent mysterious dis¬ appearance is extremely significant. Spies and Schwab were ex¬ tremely desirous that Legner should be put on the stand, and every effort was made by their counsel to find him after it became known that the prosecution would not call him, but unavailingly. Legner had left the State and his whereabouts could not be ascertained, nor his attendance procured. The State chose to offer Thompson’s testi¬ mony without attempting to corroborate it by Brazelton; and did not produce Legner although they had him as a witness before the grand jury. Mr. Thompson’s testimony being thus utterly discredited, not only from lack of support but by direct conflicting evidence, there remains not a shadow of proof connecting Mr. Schwab with the Hay- market meeting, or any alleged conspiracy, or any throwing of a bomb. The whole testimony is a fabrication from beginning to end, judged by every rule of evidence; shown such by not only the wit¬ nesses for the defense, but equally so by the witnesses for the State. The attempt, by such evidence, to implicate the defendants, or any of them, in any personal participation in that act, entirely fails. There was was no evidence against Schwab whatever, unless it be that given by Ericke that he WTote editorials for the Arheiter-Zeitung, and for this he was sentenced to death ! Gilmer’s testimony has been shown to be equally unreliable and he was successfully impeached. It is true that a number of witnesses were called by the State who were willing to believe Gilmer under oath, but every one of them admitted that they were not acquainted with his neighbors, did not know the opinion entertained of him by those with whom he was in daily contact, and were only casual asso¬ ciates. And yet on the unsunported evidence of Thompson and the testimony of the detective Gilmer, men’s lives were sworn away. 158 REVIEW OF THE EVIDENCE. Before leaving this part of the evidence let us consider the evi¬ dence regarding the locality from which the bomb was thrown. Gilmer alone, it will be remembered, swore that it came from the alley, and further that he remained standing quietly at the mouth of the alley where the firing was the heaviest till it was over. Three witnesses for the State, Officer Haas, Hull and Heineman state positively that the bomb was thrown from a point south of Crane’s alley, between that and Eandolph street. Of the witnesses for the defense, Simonson, Zeller, Liebel, Dr. Taylor, Urban, Krumm, Albright, Bach, Holloway, Koehler, Lehnert and Bennett are equally positive; some of these stood at the opening ♦of the alley and could not be mistaken. Bernett saw the man who threw the bomb and told the same story in the evening papers of May 5. In conclusion, the rules of criminative evidence are: 1. All facts accepted in the conclusion of guilt must be satisfactorily proven. 2. When such conclusion rests upon a variety of facts then each fact which forms the basis of the conclusion must be proved beyond a rea¬ sonable doubt, the same as though the whole conclusion rested upon that fact. Under these rules Thompson’s evidence is worthless because it is contradicted by facts absolutely inconsistent with it. Further, the story that two men raised in Germany, speaking the German language and associates on a German paper would publicly plot revolution in English, when the subject-matter of such plotting were words to be understood between themselves, such as “ pistols, police, do you think one is enough, etc.,” remarks simply addressed from one to the other, is self-evidently absurd. Yet upon the testimony of Thompson and Gilmer, the first of whom was contradicted by thirteen witnesses, and the latter contradicted by forty-six different witnesses, some of whom were called by the pro¬ secution, and impeached by nine other witnesses. Spies and Schwab were sentenced to death ! SAMUEL FIELDEN. That Fielden was present at the meeting is admitted by all; that he knew anything of the meeting having been called before he was asked, after eight o’clock on that evening fails to appear. He at¬ tended a meeting at 107 Fifth avenue, as treasurer, called to consider the organization of the sewing women of Chicago, with reference to the eight-hour movement, and some money was paid out by Fielden, upon the order of the meeting for that purpose. The meeting lasted till nearly nine o’clock. During the progress of the meeting, Balthazar Eau called and said speakers were wanted at the. Haymarket meeting, KEVIEW OF THE EVIDENCE. 159 whereupon nearly all shortly went to the Haymarket meeting. Wit¬ nesses to this effect were Patterson, Snyder, Brown, Waldo, Mrs. Holmes, Parsons and Fielden. We have seen that the only report of Mr. Fielden’s speech was that taken by Mr. English, and be it remembered English himself says his instructions from the Tribune office were to take only the most incen¬ diary parts of the speeches. His testimony, in fact, presents only an abstract of what was said, and Fielden claims that English’s report was garbled, not giving the connections, and therefore does not make sense. In Fielden^'s speech, however, even as reported by English, not one word can be found which has the least reference to bomb-throwing, or contains any proposition or suggestion to excite his hearers to the use of violence. In lact, in alluding to the McCormick riot of the pre¬ ceding day, he spoke of the men W'ho stoned the factory as men who acted “ m their blind rage." As to his figurative expression about “throttling the law,” his own speech before Judge Gary is its complete explanation. That Fielden fired a pistol-shot that night, as testified by some pohcemen only, we have already shown to be discredited by the wide diversity of statements made as to his position when the alleged act was committed. Captain Bonfield, Captain Ward and Lieutenant Steele, at whom, according to Detective Quinn, the shot was fired, were close to Mr. Fielden and did not see it, while Quinn admits that he “was twenty or twenty-five feet farther away from the wagon than Steele or Ward.” His evidence is also contradictory; he said he saw Fielden shoot and immediately returned the fire, and taming saw the bomb explode. Upon cross-examination he says that immediately upon hearing the order “Halt! ” he turned around and repeated the com¬ mand, facing his men, with his back to the wagon. He had no time to dress up his line before the bomb exploded 1 The whole story is abso¬ lutely inconsistent with itself as well as with the facts. Captain Ward, who was looking at him and could have touched him,Jinew nothing of it. Among the witnesses who were either on or close by the wagon was Freeman, a reporter, who stood three or four feet from the wagon, and when the pistol-firing commenced crouched down behind the wagon, where Officer Kreuger swears Fielden took cover and fired two shots. Freeman says there was no shooting between him and the wagon, and after a few minutes ran to the alley; that there were no shots coming from near the wagon directed toward tl^e wagon. He failed to see Fielden shoot. Snyder, Tennes, Dr. Taylor, Messer, Holloway and Ingram were all present, and could not have been deceived had Fielden had a pistol. 160 REVIEW OF THE EVIDENCE. The vindictive attack made upon Mr. Fielden, attempting to im¬ plicate him in shooting on that evening, besides being so grossly con¬ tradictory, utterly fails of corroborative support. On this point we call attention to the fact that when an effort was made to show by the testimony of Mr. Fielden that he was present at the examination of the various officers, upon the coroner’s inquest, and that not a word was there testified as to his having fired at any time that night, the prose¬ cution interposed objection, and the proposed testimony was excluded by the court. Further, Mr. Knox, a reporter, put upon the stand by the prosecution, testifying to an interview with Mr. Fielden on the night of the 5th of May, in the presence of one or more of the police officers, after the coroner’s inquest had recommended that Fielden be held for the murder of Began, says he does not think anything was asked of Fielden as to his having fired any shots at the Haymarket; that he did not know of such a charge at the time, and had never heard of such a claim advanced up to that time by anybody. Hume, another reporter with him, gave substantially the same evidence. The charge, there¬ fore, is one of subsequent invention, and so clumsily presented as to make him firing from a number of irreconcilible positions at one and the same time. As to the charge that Fielden made threats by exclaiming, “Here come the bloodhounds of the police ! Men, do your duty and I’ll do mine,” or similar words, the evidence is equally unsatisfactory. This statement is made by detectives Quinn and Haas, the first of whom heard it when fully fifty feet of where the speaker was ; the latter was from ten to fifteen feet from the wagon. Yet Haas admits on cross-ex¬ amination that he was a witness at the coroner’s inquest, on which oc¬ casion he said nothing of having heard Fielden utter these words. These two are the only witnesses who positively swear that it was Fielden who made the alleged remark. Quinn further swore that he is not positive whether it was Ward or Bonfield who commanded the meeting to disperse, although he had known Ward for fourteen years and Bonfield for eight or ten years. The witness therefore confesses that he could not distinguish the voice of the officer, who admittedly gave the command to disperse in a very loud tone of voice, and whom he had known for fourteen years. But still he claims to have positively identified the voice of Fielden, who was a stranger to him, at the distance of fifty feet! Five other officers heard a somewhat similar remark, though they differ in giving the words, but were unable to state who made it. This is the whole of the State s case as to this asserted threat, and it w ill be observed that of all the witnesses called by the State, only a few police- REVIEW OF THE EVIDENCE. 161 men, mainly professional detectives, pretend to have heard these sig¬ nificant words. These also claim to have heard it from all possible directions and in a conflicting variety of forms. None of the report¬ ers heard it who were on the alert for every incident, though they were mainly called by the prosecution. On the other hand, the following witnesses for the defendants, many of whom were in immediate proximity to the wagon, and there¬ fore nearer than the officers, testified positively that no such remark was made, and they were all in a position where, if such a remark had been made in a tone of voice loud enough to be heard by Quinn at a distance of fifty feet, they could not but have heard it, and from the very nature of the remark it could not but have attracted their attention, namely: Simonson, Eichter, Liebel, Taylor, Gutscher, Urban, Lindiuger, Heid- ekmeger, Holloway, Snyder, Murphy, Bach, Ingram, Spies, andFielden himself. Mr. English, although he was upon the scene with instructions to report the most incendiary utterances, and believing that he heard all that was said, says positively that he did not hear this remark, in fact, no reporter on any paper of the city embodied that remark in his account of the meeting. The counsel for the defendants call attention to the fact that this alleged utterance, so lightly fixed upon Mr. Fielden, is one of the detectives and the police, having served on duty on pre¬ vious occasions, as, for instance, in the trial of Thomas Eeynolds, re¬ ported in Morgan’s “ Trials in Ireland,” page 53, where in the attempt to procure a conviction upon a charge of riot and assault, precisely the same remark was attributed by the police swearers to the accused, and counsel claim that they are justified in saying that this charge against Mr. Fielden is also absolutely exploded, and that the respective state¬ ments of the witnesses in that behalf are shown by the whole evidence, when taken together, to be mere idle creations of professional detect¬ ives’ fancy. As to Mr. Fielden, therefore, we may affirm truly from the record: 1. That he had nothing to do with calhng the Haymarket meet¬ ing. 2. That he had no knowledge that such a meeting was to be held or was in progress until hurriedly summoned as a speaker. 3. That his presence when the bomb was thrown was entirely accidental and without thought that any violence would occur. 4. That he made no threats or advised violence. 5. That he did not make use of any fire-arms, either in attack or defense. 162 REVIEW OF THE EVIDENCE. 6. That his own statement that he never had a revolver, and never saw a bomb in his life, remain unimpeached. ALBERT R. PARSONS. The testimony shows, without any contradiction, that on Sunday, May 2, 1886, Mr. Parsons was in the city of Cincinnati, Ohio, and came back from there on the morning of Tuesday May 4; that he called a meeting at 107 Fifth avenue for that evening; that in com¬ pany with his wife, Mrs. Holmes and his two little children he at¬ tended that meeting; that on his way there he met two reporters, Owen and Heineman, and in answer to their inquiries said he knew nothing of the Ilaymarket meeting, having an engagement at another. Like Fielden he yielded to a pressing request for speakers and spoke there. His speech is admitted to have been largely statistical in its nature and containing so little of an “ incendiary ” character that English reported but a few paragraphs, and that he denounced a proposition to hang Gould and urged attacks to be made only on the economic system that rendered a Gould possible. This is borne out by the following witnesses : Simmison, Ferguson, Gleeson, Snyder, Bach and Freeman. His alleged call “To arms!” we have already examined and found exploded by the positive testimony of Mr. En¬ glish, the reporter. After Parsons had concluded, and be it remembered that the mayor beard nearly the entire speech, he suggested an adjournment, and upon Fielden remarking that he would be through in a few minutes. Parsons and his ladies left the meeting, and a large portion of the audience did likewise. This is established by a large number of witnesses on both sides and was not contested. A review of the evidence touching Parsons’ presence and utter¬ ances at the Haymarket meeting, accompanied by ladies, proposing an adjournment, and himself leaving the place, must satisfy any rational mind, or one not blinded by prejudice against Parsons’ econ¬ omic beliefs, that he had no idea of any alleged conspiracy against the police, or that violence was at all likely to happen. It is not, therefore, to be wondered at that when the trial came! on, involving Mr. Parsons in a charge of participating in the murder of Mr. Began, he should voluntarily come to the bar of the court, as he did, and pre¬ sent himself for trial. His consciousness of innocence and his strong sense of duty to his associates and the cause they represented, im¬ pelled him to this course. That, in his rectitude, he may have believed it to be to an acquittal is a reflection on the court and jury rather than on him. Honor demanded it and he has not yet given one expression of regret. REVIEW OF THE EVIDENCE. 163 OSCAR NEEBE. A review of the evidence against Neebe is hard to present from the lack of the requisite testimony to implicate him. He waB not at the Haymarket; does not appear to have known of it, or of the Mon¬ day night “ conspiracy.” All in the evidence bearing upon his case is the following not very incriminating points: 1. That he was an acquaintance with certain of the defendants and had been seen a few times at the Arheiter-Zeitung office by witness Gruenhut, in regard to the organization of certain branches of indus¬ try into unions. 2. The testimony of Franz Hein that on the night of May 3, Neebe came into witness’ saloon, showed him a copy of the “ Eevenge circular ” and said in reference to the McCormick riot: “ It is a shame that the police act that way, but may be the time comes that it goes the other way—that they get the chance, to©.” 3. The evidence of two detectives, who helped themselves to what they wished without warrant in the Arheiter-Zeitung building on May 5, that Neebe said, “ I am in charge in the absence of Spies and Schwab.” 4. Officer Stift says that he was at the house of Neebe, on the 7th of May, and there found a Colt’s pistol, an old sword, a breech¬ loading gun and a red flag; witness admitted that the gun might have been a sporting gun. 5. A number of witnesses admitted that they knew Neebe and had seen him at Socialistic picnics. 6. From the testimony of Fricke, Seliger and Heinemann it ap¬ peared that Neebe had at one time been a member of the International Working People’s Association. 7. Fricke testified that Neebe was a member of the corporation publishing the Arheiter-Zeitung and that he had seen him at picnics where some one else had sold Most’s book! This is all; and for this Neebe received a sentence of fifteen years for participation in the murder of Degan! One ruling of the court has already been given showing that taking charge of the Arheiter- Zeitung, in the opinion of Judge Gary, was a questionable action leaving “ a debatable question which the jury ought to pass upon.” There is absolutely no evidence in the record that Neebe presided over meetings where “ advice to commit murder ” was submitted by the speakers. Yet the court held: “If it depended on prior knowledge or participation at the Hay- market meeting, the question would be quite different; but if there is 164 THE ALLEGED CONSPIKACY. general advice to commit murder, the time and occasion not being foreseen, the adviser is guilty when it is committed!” Such rulings could not but have a direct influence upon the minds of the jurors in prejudicing Neebe’s case, not even a causal relation¬ ship as accessory before the fact, as between him and the other defendants, being established. CHAPTEE XI. THE ALLEGED CONSPIRACY. We have reserved the review of the evidence against Fischer, Engel and Lingg to consider it in connection with the evidence of the meeting of Monday night, where the conspiracy was said to have been planned or more definitely arranged. It is claimed that all three were present on that occasion, when conspiracy was entered into and the calling of the Haymarket meeting resolved on. The witnesses were Waller, who presided, Schrade, Lehman and Greif. Waller, who distinguished himself by the alacrity with which he turned in¬ former, was the main witness.. He says he called the meeting to order at about half-past eight o’clock, and that there were some seventy or eighty persons present. The testimony of Schrade, Lehman and Greif shows that there were not over thirty or forty in attendance When the Haymarket meeting was agreed upon it was stated that the pm-pose of the meeting was to cheer up the workingmen so that they should be prepared in case of an attack by the police to defend them¬ selves. Further than this no conspiracy is shown to have existed. That the Haymarket meeting was there agreed upon and Fischer au¬ thorized to issue a hand-bill, is not denied. Waller himself proposed the Tuesday meeting, and in his direct examination by the State he distinctly repudiated any conspiracy in connection with the Hay¬ market, as follows: Q. What was said, if anything, as to what should be done in case the police should attempt to disperse the Haymarket meeting? A. There was nothing said about the Haymarket. There was nothing expected that the police would get to the Haymarket. A committee, however, was appointed of one or two from each group to observe the movement not only on the Haymarket, but in various portions of the city. If an onslaught was made by the police in the day-time, the word “Euhe” was to be published; if at night, the different members were to be notified at their homes. The McCor- THE ALLEGED CONSPIRACY., 165 mick attack had convinced them that the police would on the slightest provocation attack them and they “ conspired ” to protect themselves in such case. By reference to the testimony of Waller it will be seen that the witness testified that Mr. Engel said the plan proposed by him was to be followed only in the event of a police attack, and that the working¬ men should only defend themselvek if thus attacked by the police. The testimony of Waller that no allusion was made to the Haymarket, that none of the persons present at the Monday-evening meeting were proven to be present when the bomb was thrown, that he himself left to attend a meeting of the Furniture-Workers’ Union, that he and Fischer were together early in the evening and on seeing the police- patrol wagons supposed that they were “ getting ready to drive out to McCormick’s, so that they might be out there early in the morning ”— is entirely in accordance with other testimony and conclusively proves that there was no conspiracy to throw a bomb, even to resist police brutality, at the Haymarket on May 4. As to Waller’s further testi¬ mony two facts are worthy of attention: 1. He, as chairman of the meeting, was in imminent peril under the reign of terror that pre¬ vailed and was willing to testify to what would save his own neck. 2. He admitted that he had received various sums of money from Captain Schaack, and that his wife also had received indefinite sums. Bernard Schrade, testifying to the same meeting for the State, says, that arriving late at the Monday-night meeting, Waller ex¬ plained what had been done, stated that six men had been shot at McCormick’s by the police, and that they should be prepared in case the police went beyond their bounds to resist invasion upon their natural and civil rights. He also said that nothing was said about dynamite and that the phrase “ having stuff ” was not used. He said further that nothing was said at any of their meetings about dyna¬ mite or bombs, and that no discussion arose, or understanding arrived at, to use bombs on any particular occasion. This witness for the prosecution also said that he did not anticipate any trouble at the Haymarket, and that he only left on account of the approach of the storm. Thomas Greif, the proprietor of the hall, swore that there were only twenty-five or thirty persons present, and he saw no effort made to keep the meeting secret. If there was a conspiracy, depending upon the witnesses for the prosecution alone, we are justified in stating that it had no reference to the Haymarket meeting, and that the alleged conspiracy, even if proven, was simply one to resist what was considered unjustifiable in- 166 THE ALLEGED CONSPIKACY. vasion. Only two, Fischer and Engel, were shown to have been present, yet eight were pnt on trial for their lives on this assumption. Again, from the testimony of the prosecution it appears that the throwing of the bomb on May 4 was entirely opposed to the alleged “conspiracy.” According to the original design the “conspirators” ought to have been notified at once when the police attacked the peace¬ able meeting on the Haymarket square. This was not done ; no-part of the design alleged to have been agreed upon Monday evening was carried out. But somebody threw a bomb into the ranks of the police. If he was a member of that conspiracy—of which there is no proof— he must have acted in direct contradiction to the plan said to have been agreed upon, he disregarded the directions of his associates, he defeated their objects and ruined the eight-hour movement for the time being. ^Yho employed him is still a conundrum. His connec¬ tion with the “ conspiracy ” has not been established. The evidence is conclusive that Schnaubelt did not throw the bomb. It is perhaps enough to state in regard to the testimony of Special Officer Gilmer that so completely and overwhelmingly was he impeached, contra¬ dicted and discredited, that the State did not ask a single instruction to the jury based upon the belief by them that Rudolph Schnaubelt threw the bomb as detailed by Gilmer. The testimony of Gilmer was abandoned by the representatives of the State as unworthy of credence or consideration, in the instructions asked by them. Schnaubelt had attended the Monday night meeting and we have seen that two wit¬ nesses, Lehnert and Krueger, testified to his leaving the Haymarket some time before the bomb was thrown. Yet Fischer’s presence at the Sunday and Monday-night meetings is the sole reason for his conviction. We have seen that he was at Zepf’s Hall at the time the police raided the meeting at the Haymarket. No utterance of Fischer’s suggesting violence upon that evening, either in speech or in print, is in record of the case. The whole testimony as to the Monday-night meeting is entirely irrelevent as to all the prison¬ ers other than Fischer and Engel. As far as Fischer is concerned it has been conclusively shown that he was not at the Haymarket when the bomb exploded, did not contemplate either tho throwing of one or that occasion would arise to exert self-defense. Further, the whole testimony presented by the State absolutely refutes the theory that the Emma-street meeting or the West Lake-street meeting had any re¬ ference whatever to the throwing of a bomb at the Haymarket meeting. GEORGE ENGEL. The case presented by the prosecution against Engel is nearly identical with that urged against Fischer. There are, however, some THE ALLEGED CONSPIRACY. 167 \ points which require brief consideration. Engel, it will be remem¬ bered, was credited with being the proposer of the “ plot.” There was no pretense that Engel was present at the Haymarket meeting at the time that the bomb was thrown, nor for some considerable time prior thereto. Waller testified that after the bomb was exploded he left Zepf’s Hall and proceeded immediately home, stoppiug on the way at Engel’s house. That he found Engel there with a few friends having a quiet di’irk of beer, and that he first informed him of what had oc¬ curred at the. Haymarket. He said that upon this announcement being made, he told the party there gathered that he thought they had better go home, to which Engel fully assented, saying yes, they should all go home; and that nothing else occurred. August Krueger says that he left the Haymarket about ten o’clock and arrived at Engel’s house at about quarter past. That later Wal¬ ler came in and said that three hundred men had been shot by the police at the Haymarket, and added, “ we ought to go down there and do something.” To this Engel responded that whoever threw that bomb did a foolish thing, it Was nonsense and that he did not sympathize with such a butchery, and he told Waller that he had better go home as quick as possible; he said the policemen were just as good people as other citizens, and that the revolution must grow out of the people. From the concurring testimony of these two witnesses, one of whom the State had secured as an informer, it appears beyond ques¬ tion that when the bomb was thrown Engel was quietly at home with a few friends, not anticipating any violence or conflict with the police; that he deprecated what had occurred as unwise, and ad^dsed all to go home. If the Haymarket meeting had been planned with reference to carrying out the programme of action discussed and alleged to have been agreed upon Monday night, then the natural thing for Engel and his associates, when the news was brought to them of the outbreak at the Haymarket, would have been to have gathered themselves together and inaugurated a movement against the police. The fact that no such suggestion came from Engel, and that upon Waller hinting that something ought to be done, Engel refused to entertain any such prop¬ osition, along with all the other testimony in the case, is conclusive that the Haymarket bomb was a matter of absolute surprise to Mr. Engel. LOUIS LINGO. The evidence introduced by the State shows that Louis Lingg did not attend the Haymarket meeting, nor was within a distance of two miles thereof during the entire evening. Captain Schaak said that Lingg admitted to him after arrest that he was present at the meeting 168 THE ALLEGED CONSPIRACY. at No. 54 West Lake street on Monday night, May 3. But the doughty captain was the only witness who made this charge. On the defense it was shown by two witnesses that Lingg passed the entire evening at a meeting of his union—the carpenters—until after eleven o’clock. These witnesses were Ernest Niendorf and Jacob Sherman. Further, in proof that Lingg could not have been at the meeting where the alleged conspiracy was planned, it will be seen on reference to the testimony of the informer Seliger that when he (Seliger) showed to Lingg the word “ Euhe ” in the paper, it was late on the night of May 4, after the bomb had been thrown, and that consequently Lingg had not thought of looking for it! He added that Lingg said it was a notice “ that everything was to go topsy-turvey ” and that aU the armed men should appeal* at 54 West Lake street. According to in¬ former Waller’s testimony, however, a far different meaning was in¬ tended to be conveyed by the word. If any preference is to be given between these contradictory statements of the two informers. Waller, who was present and chairman, should know best. The whole evidence against Lingg is that he did manufacture bombs. Yet even Seliger, who seemed willing to swear to any incrim¬ inating story, admitted that nothing was said as to when or where these bombs were to be used. He had been making them for weeks, long before any Haymarket meeting was contemplated. He was not shown to have been on terms of intimacy with the other defendants, in fact, some had never seen or heard of him. In behalf of Lingg the counsel submitted an instruction which they asked to be given to the jury, which was refused by the court. It was as follows: “ It is not enough to warrant the conviction of the defendant Lingg that he may have manufactured the bomb, the explosion of which killed Mathias J. Degau. He must have aided, abetted or advised the ex¬ ploding of the bomb, or of the doing of some illegal act, or the doing of a legal act in an unlawful manner, in the furtherance of which, and as incident thereto, the same was exploded and said Began killed. If, as to the defendant Lingg the jury should find bej^ond all reasonable doubt that he did in fact manufacture said bomb, but are not satisfied beyond all reasonable doubt that he aided, advisee]., counseled or abetted the throwing of said missile, or the doing of any unlawful act which resulted in the explosion of said bomb, your verdict shoul^l acquit him as far as the establishment of his guilt is attempted by the manufact¬ ure of said missile or bomb.” After examination, Judge Gary marked this “Given,” and pro¬ ceeded to read it to the jury. The record shows that he read it but half way tinough, then stopped, and marked the instruction “Refused.” THE ALLEGED CONSPIRACY. 1GD This action was tantamount to an indirect instruction to the jury that a foan who manufactured a weapon was accessory to the act of any man who might use it with murderous intent! How would this logic apply to Smith & Wesson, Remington, or Colt? Upon this point his counsel say: “ Whatever may he our criticism upon the matter of manufactur¬ ing dynamite bombs for any purpose, there is no law within this State which makes the mere manufacture of such missiles a crime punish¬ able with death or otherwise. Louis Lingg could not have been con¬ victed of murder because of all this matter detailed by Seliger and his wife and Lehmann, even if it were clear that the bomb thrown at the Haymarket had come from his hands, if it had been thrown by a third party acting upon his own responsibility and without Lingg’s knowl¬ edge, consent, aid, assistance, advice or encouragement. For example, the manufacturers of revolvers, bowie knives, dirks, poisoned daggers, gatling guns, air guns, have never been held responsible for the conse¬ quences of the use of these weapons by a third party acting sua sponte. These weapons are harmless in themselves, and cannot be involved in the commission of crime until some free moral agent intelligently ap- phes them to some purpose of destruction. Nor is this rule affected by the fact, if conceded, that the manufacturer must have known that the natural use to which the implement manufactured would be put would be the taking of human life. We may deprecate such industry, but we cannot say that the mere pursuit of the industry makes the man engaged in it responsible for every use of the implement produced* By way of illustration, we may suppose that some third party, an enemy of Lingg’s, had obtained one of the bombs of his manufacture and use for the purpose of deliberate murder, with the design of involv¬ ing Lingg himself in ruin, and with it committed a crime to which Lingg himself was a stranger, such result would not obtain. “ In order to justify a legal conviction of murder there must be sat¬ isfactory and conclusive proof of the commission by the party accused, in his own person or through another acting under his aid and advice, of the crime alleged. It will not do to allow our horror over the use of this terrible explosive to carry us away from the moorings of the law. It will not do for us to allow the realm of jurisprudence to be invaded by the mere dictates of supposed policy. We must stand by fixed prin¬ ciples of general application. Only thus can the law be administered as a science, and be made the protection of the innocent and the terror only of the guilty. “We submit and insist that this record is barren of evidence just¬ ifying the conclusion by the jury that Louis Lingg was a party to a 170 CONCLUSION. conspiracy to throw a bomb on the night of May 4,1886, or to a common object, in the attempt to execute which that bomb was thrown. The evidence is conclusive that Lingg did not throw the bomb, did not stand by and assist the perpetration of the deed. It follows as an irresistible conclusion from Seliger’s testimony that whatever Lingg did, whatever he may have atteaipted or proposed on the North Side, he had no knowledge that a bomb would be thrown at the Haymarket meeting. The evidence fails to show, that without being present, he had advised, encouraged, aided or abetted the perpetration of the crime charged in the indictment.” CHAPTER XII. CONCLUSION. But little remains to be said. We have carefully gone through the evidence, conscienciously bringing out the strongest points made against the accused, and endeavored to carefully weigh the evidence as bearing on each one of the defendants. But there still remains a mat¬ ter upon which counsel for defendants lay considerable stress in their brief and argument before the Supreme Court of Illinois for a new trial. This is what they denominate the illegitimate evidence, which I will endeavor as briefly as possible to epitomize. The reader will remember considerable so-called evidence was introduced by the State over the protest of the defendants, but which was allowed by the court upon the assumption—before evidence—that the defendants were guilty of an illegal conspiracy. This was shown on the very first day on which testimony was taken, when Waller was asked : “ Did you ever have any bombs?” At that time Judge Gary rendered the following ruling, which gov¬ erned all subsequent proceedings: “ If the fact be that a large number of men concurred with each other in preparing to use force for the destruction of human life, wpon oecasions which were not yet foreseen, but upon some principles which they substantially agreed upon, as, for example, taking the words of this witness, if a large number of men agreed together to kill the police, if they were found in conflict with strikers—I believe is the phrase— leaving it to the agents of violence to determine whether the time and occa¬ sion had come for the use of violence, then if the time and occasion do come wdien the violence is used, are not all parties who agreed before¬ hand in preparing the means of death, and agreed in the use of them upon the time and occasion, equally liable?” CONCLUSION. 171 There had been no evidence then, nor was there afterwards, that there had been an agreement between a large number of men “ to kill the police,” yet that assumption was taken for granted by the court. It was argued at some length, and among the various rulings of the judge the following will suffice as an exposition of Illinois law: “If the time and occasion were left to the different conspirators, or to the different parties to the agreement, and then, when the time did come, in the judgment of some one of those, and he did use the force and kill, then they are all liable.'’ Under this construction of the law anything that might tend, however remotely, to proving that the defendants were social heretics, and which might have a tendency to inflame the admitted bias of the jurors, was admitted and days consumed in matters wholly foreign to the issue in this case. The counsel for the defendants sum up the illegitimate evidence under the following heads : I. Newspaper Literature. —Whole files of the Arheiter-Zeitung and the Alarm were paraded before the jury and days passed in reading editorials, notices, communications and reprints. Both of these papers were published by a corporation duly organized under the laws of Illinois, of which only four of the defendants were stockholders. Both were openly published and circulated, had never been interfered with and entitled to protection under the charter of the company. Every word read was general in its character, such as Victor Hugo’s addresses, eight-hour editorials, scientific reprints, denunciation of capitalistic exploitation, etc. By the introduction of all this irrele¬ vant matter it was shown, on mere newspaper authority, remember, that Oscar Neebe had presided, or was reported to have presided, at two Socialistic meetings. Therefore, fifteen years hard labor! Ee- prints from Truth, Die Freiheit, and an article by Bakounine, the Eus- sian nihilist, which had passed into the current literature of the day, were gravely read at length to the astonishmeht of the middle-class jury. II. Johann Most’s Book on the Science of Eevolutionary Warfare was introduced as evidence to convict men of murder, some of whom were unable to read the language in which it was written. The book was openly published by the International News Company of New York, and I presume is still supplied by them when ordered. Fricke had testified that it was on sale at the office of the Arheiter-Zeitung, where be was a book-keeper, and had seen it sold at picnics where the defendants w^ere present, though none of them had anything to do with its sale. Here again was the introduction of matter foreign to 172 CONCLUSION. the issue, containing only general not specific directions and fully as permissible a production as Hardee’s Tactics. The only possible use of the translation read to the jury was to still further inflame the prejudice of the jurors. TIL Varimis OhjecU were introduced evidently for the same reason, such as soiled and blood-stained garments said to have been worn by oflicers wounded on the Haymarket. It was not Degan’s clothing thus paraded, showing holes made by fragments of the shell, and it was not shown in evidence that the clothing belonged to officers who died. At best it was a disgusting and vulgar appeal to passions and fears to convict men alleged to have some indefinite connection with the un¬ known indiyidual who did throw the bomb, and who, it was assumed, acted upon their general advice to defend themselves. The State also introduced a lot or cans, gas-pipes, boxes and frag¬ ments which had been fractured in experiments, to show to the now awe-struck jury the terrible destructive effect of dynamite. Said col¬ lection, upon evidence of detectives, having been found at the Arheiter- Zeitung office, Lingg’s room, and under sidewalks three miles from the Haymarket. These last were four tin cans, found four weeks after the Haymarket meeting and, from their very construction, altogether different from the bomb used on the night of May 4. Broken barrel staves, indented iron, torn links, tin cans containing combustible ma¬ terial, and even a, piece of gas-pipe gravely termed an empty bomb, were used to prejudice the jury against men accused of the murder of Mathias J. Began. TJie Furnace^ or “ blasting machine, ” found at the house of Mr. Engel, where it had been for a year, and which was shown to have never been used, was introduced in order to get Bonfield’s testimony that it could be used for the melting of metals. Irrelevant even as against Engel, it was atrocious as bearing on his comrades. Its intro¬ duction but served to insinuate into the minds of the jurors that they actually saw before them an Anarchist’s blast furnace ! Various Flags and Banners found at the office of the Arbeiter-Zeitung were waved before the jury that all might see what a red flag or ban¬ ner looked like. Waiving the point that these were admittedly seized without warrant, they had been carried in the streets of Chicago for years, for the most part belonging to trade-unions and figuring in their processions. Yet they were again flaunted as evidence against all the defendants! Fischer's Armory, as it was called, was also duly paraded. We have seen from the testimony of Mr. Aschenbrenner that the articles were i,i a drawer in the composing room of the Arbeiter-Zeitung build- CONCLUSION. 173 ing where he was employed; that Fischer was asked by witness to remove them to avoid getting others in trouble, and while doing so was arrested. There was no pretense that he had been in the habit of carrying these, or that he had them on his person May 4. Having been arrested while removing them, at the request of a fellow-work¬ man, their introduction as evidence made him in the eyes of the jury, now already sufficiently excited a veritable walking arsenal or a modern Captain Kidd. IV. The counsel complain that upon cross-examination the ac¬ cused were compelled to answer questions not brought out on the direct examination. Thus Fielden was asked a variety of questions as to his past connection with the Alarm, the International, speeches t delivered long before and his Socialistic views. Spies was made to identify Herr Most’s letter, though he stated he had no recollection as to having received or read it, and did not think he had replied to it, and stated positively that he never carried on any correspondence with Most. V. Speeches and Private Utterances .—Under this head we find in the record speeches delivered at the board of trade demonstration in April 1885; the West Twelfth street meeting and others early in 1885; remarks made at the meetings of the American Group, which were always public and open to everybody, and where the attendance was never larger than twenty-five people; private conversations of Mr. Spies in Grand Eapids, Mich., and with reporters greedy for a sensa¬ tional article. Testimony of statements made in a private conversa¬ tion by Spies outside of the State, a year and a quarter before the Haymarket meeting, was admitted as not only evidence against Spies, but against all the other defendants. As to M^. Spies’ “ ghost story ” to the reporter Wilkinson the evidence shows its weakness and Mr. Gruenhut said it was carried on in a half-joking manner; utterances at eight-hour meetings and inferences as to the tendency of these utter¬ ances had nothing to do with the charge of murder, save as foisted on the record by Judge Gary’s rulings. VI. Injuries of Officers as brought out by the testimony of surgeons, describing the ghastly nature of bomb wounds, etc., that the “ im¬ partial jury” might be the better enabled to discuss the question whether the defendants were connected in spirit or deed with the death of Degan. When the jury retired each one had ringing in his ears the epithets bestowed upon the defendants by State’s-Attorney Grinnell, such as “loathsome murderers;” also “ these wretches here” and “assassins.” Consider also the following sample extracts from his closing address 174 CONCLUSION. in the light of the desperate effort that had been made to inflame the passions and fears of the jurors. For instance: “ Prejudice ? Men, organized assassins, can preach murder in our city for years, you deliberately under your oath hear the proof, and then say you have no prejudice ? ” “We stand here, gentlemen, with the verdict in our favor—I mean in favor of the prosecution as to the conduct of this case.” “Don’t try, gentlemen, to shirk the issues. Law is on trial! Anarchy is on trial!" “ If I had the power I would like to take you all over to the Hay- market that night, and with you with tears in your eyes see the dead and mingle with the wounded and dying, see law violated, and then I could, if I had the power, paint you a picture that would steel your hearts against the defendants.” From these words it will be seen, as is sufficiently shown in the testimony, that the defendants were condemned less for the murder of Degan than because they were Anarchists, because they held theoreti¬ cal views at variance with those in general acceptance—in short, be¬ cause they were social heretics. Captain Black closed his eloquent plea before the Supreme Court in words with which we conclude. He said: “ For aught which appears in this record, your honors upon your consciences will be compelled to say that bomb may have been thrown by somebody in no way connected with these defendants, directly or indirectly. It may have been done by an enemy of theirs. It may have been done by some man acting upon his ovra mere malice and iU-will. It was throvm outside of the purpose of the Haymarket meeting. It was thrown in disregard of the arrangement and understanding for that meeting. It was thrown to the overthrow of the labor and the effort that these men were then giving their lives to, namely, the estab¬ lishment of the eight-hour day. It brought an end to their efforts. It was not of their devising. The record shows it. “ The record fails to show who threw that bomb. And the question is, whether upon the barbaric lex talionis, that whenever a man was slain a man of the opposing faction must be slain, these seven men shall die because seven policemen, whom they did not like as a class, and who certainly did not love them, have died ? You know the bar¬ barians never stopped to fix individual responsibility for the crime. They simply said, ‘ One of ours is dead, and we cannot rest till one of theirs die for him ! ’ It has been so here.” My rights! ’Tis easy to run o’er the score, For they are marked by anguish, tears and pain; A right to add a mite to garnished store When I have toiied to increase others’ gain; A right to cail my wife and babe my own. But not the muscle on which they depend; A right to love when other joys have flown. But not from hunger always to defend; A right to beg to toil from sordid greed, But only as a favor must I crave; A right to starve ’mid plenteousness—from need, But not to claim more than a pauper’s grave. Yet aye! And may they heed who rights would spurn. The right of e’en the trodden worm to turn. APPENDIX. I. CAPTAIN BLACK’S ADDRESS. “On the morning of the 5th of May, 1886, the good people of the city of Chicago were startled and shocked at the event of the previous night, frightened, many of them, not knowing whereunto this thing might lead. Fear is the father of cruelty. It was no ordinary case. Immediately after that first emotion came a feeling which has found expression from many lips in the hearing of many, if not all of you: ‘A great wrong has been done; somebody must be punished, somebody ought to suffer for the suffering which has been wrought.’ Perhaps it was that feeling—I know not—which led to the unusual and extraordi¬ nary proceedings which were taken in connection with this matter im¬ mediately following the 4th of May. Perhaps it was that feeling, in a large measure, which led to the arrest and presentment of these eight defendants. Perhaps it was something of that feeling which wiU ex¬ plain the conduct of the prosecution in this case. I am not disposed to say that there has been any willful or deliberate intent on the part of the representatives of the State to act unfairly. I am not disposed to charge that there has been upon their part any disposition to do an injustice to any man. But in their case, as in the case of aU, passion perverts the heart, prejudice corrupts the judgment. “ The serious question which confronts us, in our view of the case, as we stand here to argue with you the effect of this testimony which has been presented in these past, days, is, to what extent you may be influenced in your deliberations by passion or prejudice. I will not dwell at length upon that; it has been admirably presented by one of my associates. I need only to say that our hope, as against your pas¬ sion, lies in our confidence that your purpose is true; that our hope, as against your prejudice, lies in the conviction that your hearts are full of human tenderness. We can only offset the one against the other. We can only hope that that human tenderness which we believe is in your hearts, and looks upon us from your faces—that that purpose of righteousness which we believe forms an element of your character, as APPENDIX. 177 it is inscribed upon your countenances—will stand us in stead as against the passion which has been stirred in your hearts, and the prejudice which has been sought to be instilled into your bosoms. If we can have —and that is all that we desire—a fair and impartial consideration of the testimony in this case, as the testimony in every case ought to be considered, and as the testimony in any other case would be considered, we shall be content, assured of the result. “ On the night of the 4th of May a dynamite bomb was thrown in the city of Chicago and exploded. It w^as the first time that in our im¬ mediate civilization, and immediately about us, this great destructive agency was used in modern contests. I beg you to remember, in the consideration of this case, that dynamite is not the invention of Social¬ ists ; it is not their discovery. Science has turned it loose upon the world—an agency of destruction, whether for defense or offense, whether for attack or to build the bulwarks round the beleagured city. It has entered into modern warfare. We know from what has already trans¬ pired in this case that dynamite is being experimented with as a weapon of warfare by the great nations of the world. What has been read in your hearing has given you the results of experiments made under the direction of the government of Austria, and while you have sat in this jury box considering the things which have been deposed before you, with reference to reaching a final and correct result, the government of the United States has voted $350,000 for the budding of a dynamite cruiser. It is in the world by no procurement of Socialism, with no necessary relationship thereto. It is in the world to stay. It is manu¬ factured freely; it is sold without let, hindrance or restriction. You may go from this jury box to the leading powder companies of the country, or their depots, and buy all the dynamite that you wish with¬ out question as to your purpose, without interrogation as to your motive. It is here. Is it necessarily a thing of evil ? It has entered into tha great industries, and we know its results. It has cleared the path of commerce where the great North Eiver rolls on its way to the sea. It is here and there blasting out rocks, digging out mines, and used for helpfulness in the great industries of life. But there never came an explosive into the world, cheap, simple of construction, easy of manufacture, that it did not enter also into the world’s combats. I beg you to remember also that hand bombs are not things of Social¬ istic devising. It may be that one or another, here and there, profess¬ ing Socialistic tenets, has devised some improvements in their construc¬ tion, or has made some advances with reference to their composition • they have not invented them. The hand-grenade has been known in warfare long ere you and I saw the light. The two things have come 178 APPE>TDIX. together—the hand grenade, charged no longer with the powder of old days, but charged with the dynamite of modern science. It is a union which Socialists are not responsible for. It is a union led up to by the logic of events and the necessities of situations, and it is a union that will never be divorced. We stand amazed at the dread results that are possible to this union; but as we look back over history we know this fact, contradictory as it may seem, strange as it may first strike us, that in the exact proportion in which the implements of warfare have been made effective or destructive, in that precise proportion have wars lost the utmost measure of their horror, and in that precise proportion has death by war diminished. When gunpowder came into European warfare there was an outcry against it. All the chivalry which had arrogated to itself the power and glory of battle in martial times sprang up against the introduction of gunpowder, an agency that made the iron casque and shield and cuirass of the plumed knight no better a defense than the hemp doublet of the peasant. But now, instead of wars that last through thirty years, that are determined by the personal collision of individuals, that desolate nations, the great civilized nations of the world hesitate at war because of its possibilities of evil, and diplo¬ macy sits where once force alone was entrenched. The moral respon¬ sibility for dynamite is not upon Socialism.” Captain Black went on to urge that the sole question before the jury was who threw the bomb, for the doctrine of accessory before the fact, under which it was sought to hold the defendants, was nothing but the application to the criminal law of the civil or common law doctrine that what a man does by another he does himself. When the prosecution charged that the defendants threw it, their charge involved that the bomb was thrown by the procurement of these men, by their advice, direction, aid, counsel or encouragement, and that the man who threw it acted not alone for himself, or upon his own responsibility, but as a result of the encouragement or procurement of these men. He held that the State must show that the agent of the defendants did the deed, and that it is not sufficient to show that the defendants favored such deeds. Upon this point counsel spoke at some length. Next he took up the case of one of the talesmen examined with reference to his tak¬ ing a place on the jury, who sw'ore that, having been for three years connected with the office of the prosecuting attorney in the State of New York, he found in himself that the habit of thought and life to which he had there devoted himself had created in him a predisposition to believe every accused man guilty, which, in his own deliberate judg¬ ment before God, disqualified him from sitting as an impartial juror in a criminal case. The application of this case to the attaches of the APPENDIX. 179 state’s attorney’s office who have appeared before the jury was made the most of. The Captain then spoke as follows : “ And now, gentlemen, let us take up the real issues. I believe I can read in your faces that you are ready to give an answer to your con¬ sciences, to your fellow-men and yourselves for your conduct in the investigations you are now making. I pray you, lend me at once your judgment and your hearts. “ Has the State proven to your satisfaction, beyond a reasonable doubt, that August Spies, Michel Schwab and Adolph Fischer were per¬ sonally and individually advising and providing for the throwing of the bomb on the night of May 4 ? Direct testimony has been introduced to prove that. It is not pretended that the other defendants are con¬ nected by direct testimony with the offense of that night. Two wit¬ nesses were placed upon the stand to prove the lighting and throwing of the bomb, Harry L. Gilmer and M. M. Thompson. I must say, gen¬ tlemen, that I think their testimony is altogether untruthful.” Captain Black analyzed the testimony of these witnesses, and contended that they had laid perjury to their souls. Gilmer’s story was utterly incred¬ ible and absurd. Could the jury believe beyond any reasonable doubt, beyond any substantial question, that August Spies, the brainiest man of the crowd, would commit the stupendous and supreme folly of first illuminating his face so that every man might see it and know it and then lighting the fuse of the bomb ? “ You saw Spies on this stand; you heard his testimony. I think I can safely leave his case in your hands. If it is a fact that Spies was on the wagon when the bomb was thrown the story of Gilmer is shattered and has not a shadow or shade of truth in it. Then this perjured witness tried to connect Fischer with this awful event, when it had been conclusively shown that this defend¬ ant was drinking beer at Zepf’s Hall at the time. If there had been any effort on the part of the State to deliberately corrupt justice in one particular, and make the jurors parties to murder, they should bear that in mind in considering the whole case. Besides, there was evidence that the bomb did not come from the alley, but was thrown about twenty or forty feet south of the alley. It was not the duty of the defense to prove the falsity of Gihner’s and Thompson’s testimony; their business was"^ only to raise a reasonable doubt as to its truth, and it was the duty of the jurors, as citizens and men, acting under the law which is above all law, to give the defendants the benefit of that doubt.” Passing from the consideration of the direct testimony. Captain Black then turned to the circumstantial evidence out of which the State sought to forge the chain of conviction and bring the defendants to the extreme penalty of the law. The theory of the State was this: 180 APPENDIX. That the meeting on the night of May 4 was a result and incident in the carrying out of a general conspiracy to murder; that all the defend¬ ants were parties to that conspiracy; that certain of them were active participants in the meeting, and the evidence sufficiently and incon- trovertibly connected them all with and made them guilty of the mur¬ der. Now, the fact was that the Haymarket meeting was not called by any of the defendants. The “Eevenge circular,” which Spies wrote after the Black road tragedy, had no reference to that meeting. The attention of this defendant was called to the wording of the circular calling the meeting, and he pointed out an objectionable line. Spies had slept over the matter. Perhaps the very excess and violence of his feelings the day before had brought about a reaction; he was just and calm, and at his direction the objectionable line was stricken out. Did that look like the action of a man who was preparing for the culmina¬ tion of a scheme of revolution ? That day a request came through the mail to Spies to insert the word “Euhe” in the letter-box. That was an ordinary request and Spies complied with it, not knowing the sig¬ nificance of the word. Upon the State’s own showing the word had no reference to the Haymarket meeting. It was claimed that it was part of the general plan that the armed groups should be present at that gathering. But they were not there, and so far as known there was just one bomb with which to inaugurate the great revolution. Who is the man that had the bomb and why was he there. They knew not, nor did they know what his motive in his final action was. But they did know that August Spies had nothing whatever to do with the throw¬ ing of the bomb. In his opening remarks at that meeting Spies said they had not assembled for the purpose of rioting or making a disturb¬ ance, but for the discussion of the grievances of the laboring men. Par¬ sons next took the stand and talked for an hour. His speech was full of statistics, and by no means inflammatory. He told them Socialism aimed at the life of no man; it aimed at the system of society and not at individuals. This remark was made in response to a cry “ Hang Jay Gould,” in whose place. Parsons declared, hundreds would rise were he slain. Captain Black read the evidence of a shorthand reporter who had attended the meeting to prove the declaration that it was peaceable and orderly and no unusual remarks were made by the speakers. “ There was nothing dreadful in the expression. Arm yourselves in the inter¬ ests of liberty and of your rights. But still Spies, the arch-conspir¬ ator, was bent, determined, resolved irrevocably, that then and there should the inauguration of the social revolution take place! It was nonsense to advance or believe in any such proposition. Whatever APPENDIX. 181 might have been the ultimate desires of these men, whatever might have been the social change to which they looked forward and of which they spoke, it was more than idle to take the position and argue to intelligent men that the meeting was taken hold of by Spies and manipulated for the purpose of precipitating a conflict with the police. That idea was utterly refuted by the absence of preparations for such an event and the conduct of the speakers. It was a gratuitous assump¬ tion on the part of the State that Fischer went to the meeting of the armed groups as Spies’ lieutenant for the purpose of arranging the Haymarket meeting and that Spies attended to carry out the pro¬ gramme which he devised for him. In a case where life and death is at stake, the imagination of the prosecuting attorneys should be brought to a halt; it is time that you as jurors should say in your conscience, and before the tribunal of your own manhood, ‘We cannot guess away the life of any man.’ Spies might be a Socialist, an An¬ archist perhaps, but he was not devoid of the common feelings of humanity. There had been frequent contests with the police and the people, and as the editor of the workingmen’s paper of Chicago, a paper devoted to the consideration of the interests of the great wage classes, he naturally took their side against the organized police. When he saw the police firing into the flying crowd on the Black road, they could imagine such a man under such circumstances going to his office and writing the‘revenge circular.’ In which there was no suggestion of a meeting, in which there was nothing but the breaking out of an intense indignation, and an attempt to arouse that feeling which sometime in the future would reach such a point that such would no longer be possible or tolerated. That could be imagined without the proposition that Spies’ design and intention was to pre¬ cipitate a conflict. “Who was next charged with active participation in this pretended conspiracy ? Fielden. This defendant addressed the meeting. He had reached the conclusion of his speech and the whole meeting was about to separate peacefully and quietly when the police came. It was stated that Fielden fired three shots at the police. He did not believe the story told as to the first shot while he was getting out of the wagon; it was a deliberate lie. Officer Krueger testified as to the other shots, and wanted the jury to infer that he was wounded in the leg by Fielden. Officer Wessler also claimed to have had a duel with Fielden. This testimony was contradictory, and if false the State had introduced it to hang a poor teamster; it was more wicked and cowardly than the alleged conspiracy of the Socialists. ‘Oh!’ cried the prosecution; ‘ he is only a Socialist; it is only the life of one of 182 APPENDIX. the common herd, who has grown dangerous to the peace of those who would wrap the mantle of their selfishness about them, and he is to he put away.’ The measure of the civilization of the State is the care that it has for the life and safety of its common people. If there were members of the police capable of such action it was time that the strong arm of the law laid hold of them and prevented further mis¬ chief. There was not a word of truth in the story that Fielden fired at the officers. That story is a wicked, wicked effort to bring a fellow¬ being to the scaffold by false swearing. “What were the circumstances upon which the State relied to place the noose about Parsons’neck? First, that he was an American. It was a horrible thing that an American should sympathize with the common people; that he should feel his heart respond to the de¬ sires of the oppressed workingmen! Second, he was the editor of the Alarm; and third, he spoke at the Haymarket meeting. It was not suggested that he knew anything about the Monday night meeting. If Parsons had ever dreamed of violence that night would his wife and her lady friend have attended the meeting? Was there anything in those circumstances to show that Parsons knew of any plan to throw the bomb ? “ Against Schwab it was proven that he wrote an occasional edito¬ rial, attended meetings of Socialists, and upon that particular night he was at a safe distance from the Haymarket. If anybody was there it was a suspicious circumstance; if anybody was not there it was still a suspicious circumstance. It was the old parson’s dilemma: ‘ You will be damned if you do, and you will be damned if you don’t.’ The case of Fischer and Engel could be considered together. They attended the Monday night meeting. Fischer was at the Haymarket a short time on Tuesday night, and he then went to Zepf’s Hall, where he and Parsons were when the bomb was thrown. “ It is perhaps proper, that in view of the circumstance that Fischer and Engel were the only two defendants at the West Lake street meeting on Monday night, I should present briefly my opinions touching that meeting as relating to this case. Two witnesses, Waller and Schrade, testified as to what occurred at that meeting. Waller said there were seventy or eighty people present; the other placed the attendance at thirty-five to forty. Let us suppose thirty-five or forty met together in that basement. In the progress of the meeting it transpired that there had been a meeting of the north side group, of which Mr. Engel was a member, on the previous morning (Sunday). At that meeting a resolution was adopted, which was brought before the Monday night meeting for consideration, and it was adopted in APPENDIX. 18.'] the manner indicated by Waller. What was the purport of that reso¬ lution ? I think 1 state it fairly to the State and fairly to the de¬ fendants themselves, when I say that the action then and there re¬ solved upon was this, no more, no less: That if in the event of a struggle the police should attempt by brute force to overpower the strikers unlawfully and unjustly, those men would lend their help to their fellow-wageworkers as against the police. A plan of action was suggested by one of the group which contemplated the blowing up of police stations, cutting telegraph wires and disabling the fire depart¬ ment. Every particle of that resolution, gentlemen, was expressly dependent upon the unlawful invasion of the rights of the working people by the police. Nothing was to be inaugurated by the so-called conspirators, there was to be no resort to force by them in the first instance. It was solely defensive, and had reference alone to meeting force by force; it had reference alone to a possible attack in the future, dependent upon the action that the police themselves might take. I am not here to defend the action of that meeting. The ques¬ tion here is : Had that action anything whatever to do with the result of the Haymarket meeting ? The action of the north side group had nothing to do with that, since the Haymarket meeting had never been dreamed of or suggested at that time. By whom was the Tuesday meeting suggested? What was its scope, purpose and object? As then and there declared, it w'as simply to be a mass meeting of work¬ ingmen with reference to police outrages that had already taken place. Were the armed men, those conspirators who met at West Lake street, present ? No; they were not to be there. That is the testimony of Waller and Schrade. I am not here even to say that the proposition to call that meeting was a wise one. The event has proven how sadly unwise it was. But I am here to say that the men who in that Mon¬ day night meeting proposed the calling of the Tuesday night meeting, if we take the testimony of the State itself, had no dream or expecta¬ tion of violence, difficulty or contest on that eventful night. But be¬ fore the Tuesday night meeting was proposed, a suggestion was made that they ought to have some sort of signal for action, and the word ‘Euhe’ was suggested by somebody. Waller could not tell who suggested it; Schrade did not know it had been agreed upon. Evi¬ dently there was no very clear idea that night what ‘ Euhe’ did mean, because Lingg saw it in the paper at 11 o’clock, and said: ‘ That is a signal that we ought to be over at 54 West Lake street.’ Waller fin¬ ally, under close examination by the State, said the word ‘ Euhe’ was to be inserted in the ‘ letter-box’ otihe Arheiter-Zeitung in the event of the time arriving for a downright revolution. Had that revolution 184 APPENDIX. come; had it commenced when the word’ was put in the ‘ letter-box ?’ No. When the members saw this in the ‘ letter-box’ what were they to do? Go to the Haymarket and attack anybody? No. They were to go to there respective places of meeting, and then, according to ad¬ vices brought to them, were to determine upon a course of action. It had no reference to the throwing of the bomb at the Haymarket. Did that Monday night meeting pick out t^ie man who was to throw the bomb? Did it provide that a collision between the police and the people wasdo be brought about at the Haymarket? Did it contem¬ plate murder? Not at all. When Fischer told Spies that the word ‘Euhe’ had no connection with the Haymarket meeting he spoke the truth. It was a signal that the armed men should meet at the places designated by themselves to determine what action should be taken with reference to whatever might have transpired. “But it is to be borne in mind that the meeting of the armed sec¬ tion never took place. There was no meeting of the Northwest side groups; there was no meeting of any group pursuant to the word ‘Kuhe.’ Were any bombs to be thrown, any violence to be resorted to ? No. If the police made an attack, a committee was to take word to the groups, and the groups were then, and not till then, to deter¬ mine what action they should take in the line of offense. Does that make every man who was present at the Monday night meeting re¬ sponsible fox the throwing of the bomb ? Not at all. Unless they are all responsible, it does not make Fischer and Engel responsible. En¬ gel was not at the Tuesday night meeting. Fischer was there and went quietly away before the bomb was thrown. There was abso¬ lutely nothing in connection with the Monday night meeting which contemplated violence at the Haymarket or provided for the throwing of the bomb. “Let me call your attention in passing to another thing. When Waller, having from some source heard of the lamentable occurence at the Haymarket, went to Engel’s house he found him drinking beer with two or three friends. After listening to the details of the affair Engel said, while Waller was saying, ‘Let’s do something,’ ‘ You had better go home. I have no sympathy with a movement of this kind. The police are of the common people, and when the general revolu¬ tion does occur, they should be with us. I am utterly opposed to this slaughtering of them.’ That is the full extent of the case against these two defendants, except the further fact that Fischer had a pistol and a dagger. It is not right to hang any man for the Haymarket murder simply because he had a dagger or a pistol in his posession. “ As to Lingg, he came from that republic sitting in the center APPENDIX. 185 of Europe preaching the everlasting lesson of liberty. He came here in the fall of 1885, and became a member of the Seliger household. Whatever he knows of social and labor conditions in this country he learned from those about him. He joined a carpenters’ union, being himself a carpenter by trade. He attended the meetings of that union. Young, active, bright, capable, he enters the band of which they speak, and manufactures bombs. There is no law against that, gentlemen; but they claim that is a circumstance from which you must draw the conclusion of his guilt, when taken with other circum¬ stances, for the Haymarket tragedy. The State put on the stand one man, Lehmann, to whom he gave bombs. Did he tell Lehmann to go to the Haymarket and use the bombs there. No. Lehmann swears that he said: ‘You take these and put them in a safe place.’ And Lehmann hid them where the officer, piloted by him, found them. Does that prove that Lingg sent a bomb to the Haymarket for the pur¬ pose of having somebody killed ? How did he come to make bombs; was it a matter to engage in on his own volition or responsibility ? No. The Carpenters’ Union at one of its meeting resolved to devote a certain amount of money for the purpose of experimenting with dynamite. You may say that was not right, but he was not respon¬ sible for it. There is no more reason in holding him responsible for the Haymarket affair on account of his experiments than there is to hold every other member of the Carpenters’ Union for the same thing. That is how Lingg came to make bombs. Without dynamite a bomb shell is a toy. The man who manufactures the dynamite is the one who sets the engine of destruction in motion; but no one ever thinks when a murder has been committed through any instrumentality, of fastening the responsibility of the crime upon the man who made the instrument of death. If it were so, you could trace to the Colt Manu¬ facturing Company, the Remington Manufacturing Company, and the manufacturers of bowie knives, all the murders resulting from the use of their weapons. But, it is said, a dynamite bomb has no use in civihzation but for violence. Has a bowie knife or a revolver any known use in civilization but for violence ? Lingg manufactured one of the bombs which the police officers exploded. Suppose that in ex¬ ploding it some one had been killed, would it occur to anybody to put Lingg on trial for murder in that case ? The State must show not that a bomb of a certain manufacture did a certain work, but that the man charged with murder exploded it. A bomb is perfectly harmless until some other instrumentality intervenes. The Lingg bombs would kill nobody unless some human independent agency took hold of them. Did Lingg know on Monday night that one of his bombs was to be 186 APPENDIX. used ? He could not have known it, because the testimony is incon¬ trovertible that it was understood by the men who met at 54 West Lake street there should be no violence at the Haymarket meeting. And yet the State asks you to say that Lingg shall be hanged because he manufactured bombs. The man who threw the bomb did the in¬ dependent act necessary for its explosion. Who was that man ? Was he connected with the defendants ? The evidence does not show it. “And a word more about that. This boy (Lingg) was dependent upon others as to his impressions of our institutions. He went to Seliger’s house. Seliger is a Socialist; he has been in this country for years. He is thirty-one years of age; Lingg is twenty-one. And yet the great State of Illinois, through its legal representatives, bar¬ gains with William Seliger, the man of mature years, and with his wife, older even than himself, that if they will do what they can to put the noose around the neck of this boy they shall go scathless. Ah! gentlemen, what a mockery of justice is this.” Several cases were referred to, and he then proceeded to discuss the Haymarket meeting. There was no law that could take away the right of the people to meet and consider grievances. When it was proposed to adopt the Constitution in 1787 the States were so careful to preserve the rights of the people that several amendments were, put in. Captain Black spoke of our forefathers, who had made the name of the revolutionist immortal, and referred to the meetings that had to be held as a preliminary to that great struggle. It was charged against these men that they were guilty of misdemeanors for holding meetings, and they were prosecuted for crimes. Before the Constitu¬ tion could receive the approbation of the States it was necessary that the amendment providing that no laws should be passed by Congress abridging free speech should be inserted. Such a provision was in¬ corporated in the first constitution of Illinois in 1818, and renewed in the subsequent constitutions of 1848 and 1870. The Haymarket meet¬ ing was called for the common good. Those nien believed that a great wrong had been done, a great outrage committed, and the rights of the citizens in that assemblage had been invaded by an unlawful, unwarrantable and outrageous act. Continuing the speaker said: “ Bonfield, in his police office, surrounded by his minions, one hundred and eighty strong, armed to the teeth, knew that the meeting was quietly and peacefully coming to its close. Nay, he had said so to Carter Harrison. When Parsons had concluded Mayor Harrison went to the station and told Bonfield that it was a quiet meeting, and Bonfield replied, ‘My detectives make me the same report.’ Yet Carter Harrison did not get out of hearing before Inspector Bonfield ordered APPENDIX. 187 his men to fall in for that death march. Who is responsible for it ? Who precipitated that conflict ? Who made that battle in that street that night ? The law looks at the approximate cause, not the remote. The law looks at the man immediately in fault; not at some man who may have manufactured the pistol that does the shooting, the dyna¬ mite that kills, the bomb that explodes. I ask you, upon your oath before God, in a full and honest consideration of this entire testimony, who made the Haymarket massacre ? Who is responsible for that collision ? If Bonfield had not marched there would there have been any death? Would not that meeting have dissolved precisely as it proposed to do ? Did the bomb-thrower go down to the station where the police were and attack them ? A bomb could have been thrown into that station with even more deadly effect than at the Haymarket itself. There they were, massed together in close quarters, in hiding, hke a wild beast in its lair ready to spring. Did the bomb-thrower move upon them? Was there here a design to destroy? God sent that warning cloud into the heavens; these men were still there, speaking their last words; but a deadlier cloud was coming up behind this armed force. In disregard of our constitutional rights as citizens, it was proposed to order the dispersal of a peaceable meeting. Has it come to pass that under the constitution of the United States and of this State, our meetings for the discussion of grievances are subject to be scattered to the winds at the breath of a petty police officer ? Can they take into their hands the law ? If so, that is anarchy; nay, the chaos of constitutional right and legally guaranteed liberty. I ask you again, charging no legal responsibility here, but looking at the man who is morally at fault for the death harvest of that night, who brought it on ? Would it have been but for the act of Bonfield.” Captain Black went on to say that as long as the Mayor was there Bonfield could not act, but as soon as Harrison had gone the officer could not get to the Haymarket quick enough. The police, the speaker urged, had been searching the files of the Arbeiter-Zeitung and the Alarm for years to put before the jury the most inflammatory articles. After alluding to Jesus as the great Socialist of Judea, who first preached the sociahsm taught by Spies and his other modern apostles, he compared John Brown and his attack on Harper’s Ferry to the Socialists’ attack on modem evils, concluding:—“ Gentlemen, the last words for these eight lives. They are in your hands, with no power to whom you are answerable but God and history, and I say to you in closing only the words of that Divine Socialist: ‘As ye would that others should do to you, do you even so to them.’ ” II. A FUND FOR THE JURY. In discharging the jury Judge Gary addressed them as follows: “Gentlemen of the jury, you have finished this long and very arduous trial, which has required a very considerable sacrifice of time and some hardship. I hope that everything has been done that could possibly be done to make this sacrifice and hardship as mild as might be permitted. It does not become me to say anything in regard to the case that you have tried or the verdict you have rendered, but men compulsory serving as jurors, as you have done, deserve some recogni¬ tion of the service you have ^performed beside the meager compensation you are to receive. You are discharged from further attendance upon this court. I understand that some carriages are in attendance to convey you from this place. Certificates for your attendance fees as jurors you can get at any time in the future.” Chicago, Aug. 20.—[Editor of The Tribune.] —In view of the long and close confinement endured by the jury in the Anarchist trial, and the display of manly courage evidenced by their prompt and fearless j verdict, I beg to suggest the propriety of starting a subscription for the purpose of raising at least $1,000 for the benefit of each juryman. I am far from being rich, but would gladly give $25 for this purpose, and will deliver same at your office the day you may start the sub¬ scription. W. C. E. i Chicago, Aug. 20.—[Editor of The Tribune.]—The long agony is over. Law has triumphed. Anarchy is defeated. The conspirators have been promptly convicted. Let them be as promptly punished. The “twelve good men and true” whose honesty and fearlessness made a conviction possible should not be forgotten. They have performed their unpleasant duty without flinching. Let them be generously remembered. Eaise a fund — say $100,000 — to be presented with i the thanks of a grateful people. E. A. Mulford. APPENDIX. I8y Mr. N. B. Beam, in speaking to a Tribune reporter, thought it would be eminently proper to start a fund for the purpose of indemni¬ fying the jurors who so patiently sat for eight weeks at the trial, thereby losing in business and time and endangering their health, for which they were so meagerly paid by the county, and then in vouch¬ ers which will be cashed, nobody knows when. Mr. Beam thought it was not proper to mention this while the trial was in progress, but now that it is over he is willing to head the list with the sum of 1500. Thus will the schoolmaster, who so nobly sacrificed his vacation, be in a measure repaid, and so will the others who, being mostly, if not all, business men, were greatly inconvenienced by their selection as jurors. III. A. R. Parsons on the Eight-Hour Movement in March, 1886. (From an Interview in the Daily News, March 13, 1886.) A. E. Parsons, the Anarchist, said: “ The labor question is up for settlement. It demands and com¬ mands a hearing. The existing disorders threaten not only the peace, but the destruction of society itself. The movement to reduce the work hours is intended by its proj ectors to give a peaceful solution to the difficulties between capitalists and laborers. I have always held that there were two ways to settle this trouble—either by peaceable or violent methods. Eeduced hours—or eight hours—is a peace-offering. It is for capitalists to give or laborers to take. I hold that capitalists will not give eight hours. Why? Because the rate of waives in every wage-paying country is regulated by what it takes to live on; in other words, it is subsistence wages. This subsistence wage is what political economists call the ‘ iron law of wages,’ because it is unvarying and inviolable. How does this law operate ? In this way: A laborer is hired to do a day’s work. In the first two hours labor of the ten he reproduces the equivalent of his wage; the other eight hours is what the employer gets and gets for nothing. Hence the laborer, as the statistics of the census of 1880 show, does ten hours work for two hours pay.—Now, reduced hours, or eight hours, means that the profit monger is to get only six hours instead of, as now, eight hours for nothing. For this reason employers of labor will not voluntarily con¬ cede the reduction. On the other hand, fewer hours means more pay. Capitalists and laborers know this. Eeduced hours is the only measure of economic reform which consults the interests of laborers as consum¬ ers. Now, this means a higher standard of living for the producers, which can only be acquired by their possessing and consuming a larger share of their own product. This would diminish the surplus or profits of the labor exploiters. Labor can therefore, for this reason, get only what it can take. Can labor force capital to reduce the work-hours ? How can it ? APPENDIX. 191 The legalized possession and control of capital puts the wage- ■worker or propertyless class at their mercy. Capitalists can deprive labor of its bread by lock-outs and discharges. The laborer is forced to yield or perish. If he becomes disorderly he is suppressed by the militia and police. The last resort is force. The servitude of labor to capital is now and always has been maintained by force. If the labor organizations arm and force the concession of eight hours from em¬ ployers, then the employing class will have to pay as much for eight hours work as they now do for ten. Employers will put labor-saving machinery to work instead of these high-priced laborers. The laborers will then, for the same reason that they reduced the hours to eight, have to reduce them to six hours per day. A voluntary reduction of the work hours is a peaceful solution of the labor problem, by which no disarrangement or confusion would occur. Wages in this way will increase until they represent the earnings, instead of, as now, the necessities, of the wage laborer. This would result in making every laborer a capitalist and every capitalist a laborer; a system of uni¬ versal co-operative production and distribution. Eeduced hours would melt the wages or profit system out of existence and usher in the co¬ operative or free-labor system. I do not believe that capital will quietly or peaceably permit the economic emancipation of their wage-slaves. It is against all the teachings of history and human nature for men to voluntarily yield up usurped or arbibtrary power. The capitalists of the world will for this reason force the workers into armed revolution. Socialists point out this fact and warn the workingmen to prepare for the inevitable.” IV. WHY THIS BOOK WAS WRITTEN. Cook County Jail, Chicago, Illinois. Comrade Lum :—It has been resolved by our friends outside, that the proceedings, etc., of our late trial should be published in book form. We request you herewith to assume the editorship of this pub¬ lication,—in fact, we know of no other man who could undertake this work with the same degree of competency and discriminative capacity as yourself, and trust that you will comply with our request. The work should be begun at once. Will you to this end confer with our friends ? Fraternally, A. Spies, Michael Schwab, Adolph Fischek, Gr. Engel, A. E. Paksons, Samuel Fielden, 0. Neebe, Louis Lingg.