UPREME LOURT OF ILLINOIS The Anarchists' Cases. Briek kor the DEKEND>VNTS, LEONARD SWETT. CHICAGO: BAENAKD & GUNTHOKP, LaW PRINTERS, 44 .t 40 LaSaLLE STREET. 1887. Index. Page. "Charges 1 Oscar Neebe ;^ Samuel Fielden. Inculpalorv evidence o " " Exciilpalorj " 7 Albert R. Parsons. Inculpatory evidence 11 " " Exculpatorj " 12 Michael Schwab. Inculpatory evidence 15 " " Exculpatorv " 16 August Spies. Inculpatory evidence 23 " " Exculpatory " 81 The bomb was not thrown from the alley 86 Gilmer impeached 40 Gilmei's contradictory statements 41 jMcCormick meeting and revenge circular 42 Ruhe 48 Character of Haymarket meeting 50 Fischer and Engel. Inculpatory evidence 54 Fischer at Zepf's Hall, at the time ci the explosion 84 Engel. Exculpatory evidence 59 Louis Lingg. Inculpatory e\idence 60 Remarks on Liiigg's position (Mi Illegal Evidence: 68 1. Most's Book 68 2. liloody Clothes 71 8. Letter of Most to Spies 71 4. Bombs and Fulminating Caps 76 5. Combustible Tin Cans 77 6. Flags, Mottoes, etc 77 7. Circumstances under which the foregoing were found 72 8. Constitutional Provisions 74 !). Bovd :• United States, construing the constitution 75 10. Effect of illegal evidence on a verdict 77 Who of these defendants were, and who were not, at the Hay- market meeting 7!) Other Illegal Eviden'ce: 1. Schnaubelt's Disguise 80 Misapplicalion of the law of conspiracy in the trial.., 82 One crime cannot be proved to establish another 85 Acts to be admissible must be in furthei-ance of common design !•() Conviction without proof of cor/>us dcUcti 91 What ctjunseling constitutes accessory ship . 91 Who wants them hanged 93 May it please the Court: The record in this case embraces all the evidence in the trial below, and contains more than 8,000 pa^^es of type-written matter. Of this an abstract has been made which contains about 500 pages. To get a comprehension of what these contain seems to be the work of months. In order therefore to present the facts and the legal questions arising, I have endeavored to collate and arrange from these, in reference to each defendant, all evidence for and against him, and afterwards to present some of the more prominent legal questions arising in the case. The object of this has been to aid the court in grasp- ing the case, and I hope I have succeeded. The Charges. The indictment, so far as supported by proof, charges that the plaintiffs in error, (r) together with William Seliger and Rudolph Schnaubelt, on the fourth day of May, 1886, threw a bomb which killed Mathias J. Degan, and (2) that they aided, abetted, assisted, advised or encouraged some person unknown in throwing such bomb. Our statutes, chapter 38 of 1874, sections 274 and 275 of the Criminal Code, are as follows: Section 2. " An accessory is he who stands by, aids " or abets or assists, or who, not being present aiding, " abetting or assisting, hath advised, encouraged, aided or '• abetted in the perpetration of the crime. He who thus " aids, abets, assists, advises or encourages, shall be con- " sidered as principal, and punished accordingly." Section 3. " Every such accessor}^, when a crime is " committed within or without this state, by his aid or pro- " curement in this state, may be indicted and convicted at " the same time as the principal, or before or after his con- " viction, and whether the principal is convicted or amen- " able to justice or not, and punished as principal." The question is: Are these defendants guilty, under this indictment and this law? This case comes here upon writ of error and superse- deas. The questions presented involve a review of the trial below. If the court finds that material error was committed there it will grant a new trial. If it finds no error it will affirm the judgment, and seven of the defend- ants will be hanged and one will go to the penitentiary for fifteen years. Some of these have been guilty of intemperance, ex- travagance and foolishness of speech and foolish news- paper writing. Because of these facts, and the crime of a stranger in no way legally connected with them, they were found guilty of murder and sentenced to be hung. They were tried in times and under circumstances of great popular excitement, and much irrelevant and unlaw- ful evidence was introduced against them. Happily, how- ever, under the laws of Illinois a person cannot be hung for foolishness of oratory or writing foolish newspaper articles; nor can one person be hung for the act of another. Therefore our motion for a new trial is based first upon the fact that THE DEFENDANTS ARE NOT GUILTY. The following shows the evidence for and aijainst each defendant, with references to the record and abstract and brief. Where the letter " A " is used it refers to the abstract, where " B " is used it refers to the argument of the plaintiffs in error, and where any other letter is used it refers to the record. I. Oscar Neebe. He was found guilty of murder and sentenced to the penitentiary for fifteen years. Evidence — nothing. II. Samuel Fielden. Evidence for the prosecution. The inculpatory evidence tends to establish the follow- ing propositions: I. HE MADE A SPEECH AT THE HAYMARKET MEETING. He tried to illustrate that the law only protected the employer, and afforded no protection to the workingmen if they were injured in their interest. He spoke of the McCormick riot in the afternoon of the 3d of May, the day preceding the Haymarket meeting, on the west side, and said: "Men, in their blind rage, attacked McCormick's factory." (Rec, K, 282; Abst., 132.) By these words he meant the workingmen who had struck, had attacked the factory and other men who wanted to work there. In the course of his remarks he used the following expres- sion: " You have nothing more to do with the law, except <' to lay hands on it and throttle it until it makes its last "kick; it turns your brothers out on the wayside, and " has degraded them until they have lost the last vestige " of humanity, and they are mere things and animals. " Keep your eye upon it, throttle it, kill it, stab it, do " everything to wound it or impede its progress." (K, 282; A., 132.) II. HE MADE THREATS. (i.) Officer Quinn testifies (A., 14) that when the police came to the meeting he heard Fielden cry out, when zuithin about ffiy feet of him: "Here come the "blood-hounds of the police! Men, do your duty and I " will do mine." (2.) Officer Haas, about ten or fifteen feet dis- tant, heard the same remark, but he admits, on cross- examination, that although a witness before the coroner's jury, held immediately thereafter, he did not testify to that remark (A., 128; K, 251, 268.) (3.) Steele heard some one say: ' " Here comes the " blood-hounds. You do your duty and we will do " ours," the sound coming from in front of the line in which they were marching. (A., 13.) (4.) Officer Krueger, when about twenty-five feet from the wagon, heard sonic one say something like the following. He should judge it came from the wagon, but is not positive. He thinks it was the speaker who said it: " Here they are now, the blood-hounds." (A., 17.) (5.) Wessler heard: " Here comes the blood- " hounds," but does not know who made the remark. 5 (A., i8.) It was made when his company was on the Randolph street car tracks, about loo feet distant. (6.) Bowler heardy/-^^;// somebody close to the wagon: "Here come the blood-hounds." (A., 22.) (7.) Doyle heard the words: "Now is your time, "now is your time; " <^_y 50 we/^oc^y looking like Fielden. (A., 25.)^ Two witnesses, one away about fifty feet and the other ten or fifteen feet away, heard Fielden make these re- marks. Five heard some one make the remark, or tliink it was Fielden. III. FIELDEN FIRED INTO THE POLICE. (i.) QuiNN also swore (A., 14) that after the order for the dispersion of the meeting had been given by Captain Ward, Fielden, still standing on the zuagon, drew a re- volver and shot at Captain Ward, Captain Bonfield and Lieutenant Steele, grouped together from four to six feet from him. Just before such shooting Fielden said: " We are peaceable.'''' Witness then dropped his club and discharged his revolver. Immediately, then, the bomb exploded. Fielden, therefore, was at the same moment for war and for peace. IV. AN ATTEMPT TO SHOW FIELDEN FIRED TWO OR THREE SHOTS. (i^) Krueger (i, 245; A., 17). Officer Krueger swears after Fielden got down he stepped one step north of the south end of the zvagon, and fired two shots at the column of police. Krueger then saw Fielden in the crowd and shot Ficldcn. Fielden stag-gered^ but did not fall to the ground, and ran towards the alley. (Rec, Vol. I, 234 and 235; Abst., 17.) (2.) Wessler swears after the bomb exploded he ran north on the sidewalk to Crane's building, about thirty feet, then hearing the order " Fall in," he ran back; saw Fielden behind the zuagon get up and down twice and shoot at the police; then Wessler shot Fielden and he /eV/ under the zvagoji . (251, 252.) (3.) Foley saw Officer Wessler shoot a man who was lying under the body of the zuagon, betivccn the fore and hind zvheels. (268 to 275; 19, 20.) (4.) Baumann swears he saw Fielden shoot once from east to west zuhile standing on the sidezvalk: saw Fielden for the first time that night; asked some other officers who the man shooting was, and they said Fielden. (296, 302, 303; 22 and 23.) (5.) Hanley swears he saw Fielden fire one shot and then run with the crowd toward the alley. (Vol. i, 307, 308; 23.) (6.) Spierling (Vol. L, 341 to 343; 26) swears that after the bomb exploded he saw Fielden get off the zvao-on and fire a shot. Fielden was standiuQ- behind the zvagon, on the sidewalk, and shot west. There were more Richmonds in this Ha3'market field, in more places and going in more directions, than the dis- ordered fancy of Richard pictured on the field of Bos- worth. This is all the inculpatory evidence against Fielden. Evidence for the dejcnse. I. fielden's speech, threats and shooting. (i.) FiELDEN (A., 268; M, 319) did not know there was to be any Haymarket meeting or that there was to be any attack upon it by the pohce, or any resistance to such attack, or any bomb thrown, or any occasion for throwing it; he was there by accident, and the facts, as shown by proper references to the evidence, are that Fielden on the 4th of May was attending another meeting, held on the south side of the city, at 107 5th avenue (M, 340; A., 272), or as it is sometimes called, the Arbeiter Zeitung building, and went over to the Haymarket meet- ing after its adjournment, pursuant to a request for speakers. Witnesses who testify in effect that Fielden did not make threats are Patterson (M, 42 and 44, A., 228), Snyder (M, loi, A., 235), B-own (M, 120, 123, A., 238), Waldo (M, 268, A., 245), Mrs. Holmes (M, 279, 280, 281, A., 261), Parsons (M, no. A., 313.) When he arrived at the Haymarket, Spies was speaking, but concluded in a few minutes; then Parsons spoke, and after him Fielden made a short speech. When he had said " in conclusion," he was interrupted by the appear- ance of the police. He denies having made the remark about the bloodhounds and the police. (2.) Freeman, an Inter Ocean reporter, eight or ten feet from Fielden, did not hear the remark attributed to Fielden by Quinn. (3-) Hull, a reporter for the News, did not hear the remark attributed by Quinn to Fielden. (K; A., 107.) Capt. Bon field and Capt. Ward, who were the officers in command, and who were ahead of their companies and nearer Fielden, did not hear any threats of Fielden. The following witnesses, all of whom were immediately about Fielden, swear he did not make such a remark at all as sworn to by officer Quinn and others, to wit, " Here " come the blood-hounds of police; men, do 3'our duty and I "do mine," or any other similar remark; they must have heard the remark if made. These witnesses are (i) Simon- son (A., 178; Vol. L, 69 ), (2) RicHTER (A., 187; V^ol. L, 183), (3) LiEBEL (A., 189; Vol. L, 201), (4) Taylor (A., 190; Vol. L, 229), (5) GuTscHER (A., 198; Vol. L, 302), (6) Urban (A., 202; Vol. L, 350), (7) Lindinger (A., 215; Vol. L, 474), (8) Heidekrueger (A., 222; V^ol. L, 546), (9) Halloway (A., 230; Vol. M, 61), (10) Snyder (A., 237; Vol. M, iii),(ir) Murphy (A., 256; Vol. M., 243), (12) Bach (A., 281; Vol. M, 406), (13) Ingram (A., 288; Vol. M, 452), (14) Spies (A., 303; Vol. N, 55), (15) Fielden (A., 269; Vol. N, 321). Here are fifteen unimpeached witnesses. (4.) English, the reporter for the Tribune, was in- structed by the officers of that company to take only the most sensational of the speeches. He took notes in short- hand; his notes do not show that Fielden made this re- mark. (A., 134; K. 287.) There were other reporters for other papers, and no other reporter's testimony contains any allusion to this remark. JVe say, therefore, he did not make the remark. Fielden, if he shot, shot into three men, to wit: Bon- field, Steele and Ward, standing in a group at from four to six feet from him, must have hit some one of them, yet he did not hit either of them, and they did not see him fire or feel his bullet. (I, 24; A., 2.) He was heard to make threats by people at a distance, but eighteen witnesses im- mediately about him, three of whom he shot at, didn't hear him, and no one taking shorthand notes immediately about him heard threats, their notes show no threats, although to get such things was what they were there for. II. FIELDEN DID NOT SHOOT AT ALL. (i.) W1LLLA.M H. Freeman, a witness for the state, and reporter for the Inter Ocean (A., 106, 107; Vol. K, 41, 42, 48, 50), stood on the sidewalk, near the speaker's wagon and Crane Brothers' building, within three or four feet of the wagon. When firing commenced he crouched behind the wagon; there zvas no shooting' bctzueeii him and the zuagon. Police officers stood by the wagon with pistols over it, and one time pointing at him. He didn't see Fielden shoot at all. (2.) Williaii Snyder (A., 236) was on the wagon while Fielden was speaking, and when the order to dis- perse was given. He then stepped down, called to Fielden to get down; helped Fielden down. Bomb exploded while Fielden was getting down; Fielden did not shoot;- Fielden had no revolver, did not fire at police officers, or any one else; stayed with Fielden with his hand on him until he reached the mouth of the alley, where they sep- arated. (3.) Frank Stenner: Stood at the east side of the wagon, close to Crane Bros.' building; no shot was fired from the wagon before the bomb exploded; he tuas lO looking at Fielden luhen he dismounted from the xvagon^ but did not see him shoot. (A., 196.) (4.) Dr. James Taylor (A., 190) stood within a few feet of the wagon; saw Fielden on the wagon; remained in this position until explosion of the bomb; he did not see Fielden draw a revolver or shoot at police, he watched him as long as he could see him. (A., 190; Vol. K, 230, 231.) (5.) Conrad Messer (A., 208) stood at the north-east corner of the wagon; saw Fielden during all the time. Fielden had no ■pistol in his hand; did not see him fire at alL. (6.) John Holloway (A., 229, 230) stood near lamp- post south-east corner of alley and street; sazu no firing coming firom the direction of the zuagon; did not see Fielden shoot. (7.) Sleeper T. Ingram (A., 287, 288) stood on sidewalk near steps of Crane's building, just east of wagon, saw Fielden when the police came up and bomb exploded, did not see Fielden have a revolver or fire a shot. (8.) Fielden's TESTIMONY, Never Carried a revolver, did not have one that night, did not fire at all, never fired at any person, did not fire from behind the wagon, did not stay there at all. (Abst., 268; Vol. M, 319.) Got down from the south end of wagon after order of disper- sion from Capt. Ward, started south-east- direction (A., 267); just as he got to sidewalk, explosion came, rushed with the crowd to get some protection; made a dash to north-east corner of Randolph and Desplaines; turned the corner and ran to Jefferson. Fielden offered to swear that at the coroner's inquest, held immediately after the Ilaymarket meeting, he was present at the examination of II the officers, who testified in this trial that he shot once or more, and those officers did not mention at all tlic fact that he shot in their testimony at that examination^ although that examination zvas held the next day after the Hay- market, and zvhen the facts ivere fresh in the minds of these witnesses. The court excluded this offer, and plaintiff excepted. (A., 277.) Therefore, seven zvitnesses, who were immediately about Fielden, and watching him, saw no movement indicating shooting, and Fielden swears he had no revolver and didn't fire at any one. III. Albert R. Parsons. IVie Criminating Evidence. Mr. Parsons was present at the Haymarket meeting. It is claimed he there used the expression as stated by some witnesses for the slate: " To arms! to arms! to arms!" * * * (A., 131; K, 281.) "It behooves " you as you love your wife and children, if you do not " want to see them perish with hunger, killed or cut down " like dogs on the streets, Americans, in the interest of 'your liberty and your independence, to arm, to arm "yourselves." ( Applause and cries, we will do it, we are ready now.) " Ton are notT -'^ * * " I am not here '■'■for the purpose of inciting anybody, but to speak out, to " tell you the facts as they exist, even though it shall cost " me my life before morning." This is all the criminating evidence against Parsons, and he, too, is for peace and war, both at the same time. This is all the evidence agciinst Parsons. 12 Exculpatory Facts. Parsons had just been in Cincinnati and returned to Chicago on May 4th. (A., 313; Vol. N, 109.) He caused a notice calling the meeting at 107 5th avenue, on the south side, on Monday morning, May 4th, to be inserted in the Daily News. He left home in company with his wife, Mrs, Holmes, a lady friend and his two little children. On his way to that meeting he met Mr. Owen, a witness for the state, who says (A., 124; K, 200, 201): '• I saw " Parsons at the corner of Halsted and Randolph " streets shortly before 8 o'clock; I asked him where " the meeting was to be held; he said he did not " know an3'thing about the meeting; I asked him " whether he was going to speak, he said no; he was " going to the south side. Mrs. Parsons and some children " came up just then, and Parsons stopped an Indiana street " car, slapped me familiarly on the back, and asked if I " was armed, and I said, no; have you any dynamite about " 3'ou? He laughed, and Mrs. Parsons said, ' he is a very " dangerous looking man, isn't he.^' And they got on a " car and went east. I believe Mr. Heineman was with " me." (A., 126; Vol. K, 233.) A request for speakers at the Haymarket meeting was sent over to the meeting on the south side. That request found Parsons; he went from there to the Haymarket on the west side to speak. In the course of his speech at the Haymarket meeting which was statistical in character, Parsons spoke of Jay Gould; some one in the audience cried out, "hang him!" Parsons replied, in substance, ." no, this is not a confiet " hctzveen individuals, but for a cJuuigx of system, and " socialism desires 'to remove the causes zvhich produce 13 " the -pauper and the inil/ioiuiire, but does not aim " at the life of the individual.''^ He also said that if Jay Gould were killed, another or a hundred would come up in his place like a jack-in-a-box; he also said that, to kill the individual millionaire would be like killing the flea on the dog, whereas, the purpose of social- ism was the destruction oE the dog himself — a change of the present S3'slem. (A., 320; N, 136.) These ex- pressions are also proven by Simonson (A., 177; L, 65), Ferguson (A., 182; L, 130, 131), Gleason (A., 203; L, 361), Snyder (A., 236; M, 139), Bach (A., 282; M, 410), Freeman (A., 105; K, 40). Parsons spoke three-quarters of an hour. Mr. English, the Tribune reporter, zvas instructed by his employers to take only the most infamniatary utterances^ and con- sequently was on the watch for such. His account of Parsons' speech occupies but a single page of this record. Parson's gives an account of this speech (A., 315-320; Vol. N, 118 to 136). Mayor Harrison, who heard Parsons' speech and at- tended the meeting for the purpose of dispersing it, if anything should occur to require interference, left the meeting at the end of that speech and told Captain Bon- field, at the station, that -'nothing had occurred 3^et, or " looked likely to occur to require interference, and that " he had better issue orders to his reserves at other sta- " tions to go home, whereupon Harrison himself went "home." (A., 174 and 175; L, 29, 31, 47.) After Parsons, Fielden spoke twent}^ minutes. After Mr. Fielden had been speaking some ten minutes, it is ad- mitted by all the witnesses, that a cloud, accompanied by a cold wind, swept over the northern sky, and thereupon Parsons interrupted Fielden, suggesting an adjournment 14 of the meeting to Zepf's Hall, in a building situated at the north-east corner of Lake and Desplaines, and half a block from the Haymarket meeting. To this somebody in the audience replied that the hall was occupied by a meeting of furniture-workers, and thereupon Fielden sug- gested that he zuonld be throiigh in a few moments, and then they zvoiild all go home. (A., 314; N, 113.) This fact is established by witnesses for the defense and prose- cution, among others as follows: Freeman (x\., 108; K, 51, 52), Heineman (A., 127; K, 246), English (A., 132, 133; K, 282), Simonson (A., 178; L, 66, 67), Richter (A., 187; L, 184), Urban (A., 201; L, 343), Ingram (A., 287, M. 447). About one-half the audience dispersed upon Parsons' motion and Fielden's suggestion. Parsons got down from the wagon and went a few feet north, where his wife and Mrs. Holmes were, and they went together to Zepf's Hall. At the time of the explosion of the bomb after the Haymarket meeting, Parsons, together with his wife and Mrs. Holmes, was in Zepf's saloon. This is substantiated by the following witnesses: Michael Malkoff (A., 224), Thomas Brown (A., 238; M, 125), Wandray (A., 248; M, 192), Lizzie M.Holmes (A., 261; M, 284, 285), Ingram (x\., 287; Vol. M, 448), Parsons' testimony (A., 314, 315; N, 114, 116). No effort was made bv the prosecution to refute this testi- mony. The ma3-or of the city, in whose hands, by the laws of the state and of the city, the peace of the city is reposed, stood in the crowd for the purpose of seeing whether the meeting should be interfered with, and must have heard him say: '■'• / am not here for the -purpose of inciting any " one. This is not ' a conjiicl betzveen individuals ' — it 15 " does not aim at the life of the individual T He then went to Capt. Bonfield of the poHce and told him he had better order his reserves home, and went home himself, and yet this man, on this, as the only legitimate evidence, has been found guilty of murder, and sentenced to be hung. IV. Michael Schw^ab. Criminative Evidence. M. M. Thompson (A., 134, 137) swore that on the evening of. May 4th, at the Haymarket, after eight o'clock, he saw Spies and Schwab walk from the wagon used as a speaker's stand into the ALLEY SOUTH OF Crane Bros. (K, 288); there was a crowd there. Thompson stood three feet north of the alley, up against the building (K, 291, 292); from this position he heard a conversation between Schzuab and Spies in the alley; admits he had never seen either before, never heard either speak, except he heard Spies from the wagon inquire for Parsons. He heard in a conversation between them the word ''pistols " and the word ''police'' twice, the last remark about a minute and a half after Spies and Schwab went into the alley and out of si^ht (K, 295) ; he drew up within a foot of the alley when Spies said, " do you think one is enough, or don't " you think we had better go and get more?" (K, 294.) Heard nothing more. Spies and Schwab came out of the alley, walked on Desplaines to Randolph, west on the north side of Randolph to Halsted, crossed Halsted di- atmnally to the south-west corner of the street, remained i6 there about three minutes. On their way back as they neared Union he heard the word '•'■■police^'' again, and at that moment he passed them, Schwab saying, " Now, " if they come, we will give it to them." Spies replied "they were afraid to bother with them." On the north- west corner of Desplaines and Randolph he halted and they passed him, going diagonally across Desplaines in a north-easterly direction and reaching the sidewalk about twent}^ feet south of the alley; he followed them across Desplaines street, but went a little more south, reaching the sidewalk ten or fifteen feet south of them, when a third part)' stepped from the wall of the building towards the center of the sidewalk and the group there stood Spies facing south and directly facing Thompson, Schwab was facing north and the third man facing west. Some- thing passed between Spies and the third man, which he could not see. The third man took it and put it in his right-hand coat pocket, the}^ then went to the wagon; Spies got up and the third man after him. Witness was shown a photograph of Schnaubelt and said he thought the third man was he. (K, 2S9, 290.) Thompson adniilted that he did not nndcrstcDid Genncni., and said tJiat all these conversations zvere carried on in English, although the men xvere Germans. Excnlpa tor y Evidence. (i.) Schwab says (A. 294,296) that on the evening of the 4th of Ma}^ he left his home, 51 Florimond sti-eet, at tzventv minutes to 8 and zvent to Arbeiter Zeitung office, reaching there about 8; while there a telephone message was received asking Spies to speak at Deering's factory, and Schwab's purpose in going to Ha3'market was to get Spies to respond to this call; he went to the Haymarket, 17 looked for Spies but failed to find him and took a car for Deering's factory himself. He went over on Washington street, turned north on Desplaines across Randolph, and north of Randolph on Desplaines, met Schnaubelt and talked with him about the Deering meeting, took an east bound car to the court house, and at the court house a Clybourn avenue car for Deering's factory. At the car stables he was met by Preusser. The time required to go Jroni the Ilayniarkct to the court house zuas ten minutes. The time required to go from the court house to the Haymarket^ the same distance., xuould also he ten minutes. Fixing 8 o'clock as the time Fielding arrived at the Arbeiter Zeitung office, near the court house, he could not have reached the Haymarket until ten minutes past 8. The time required to go from the court house to Fullerton avenue, is forty-five min- utes, and from the Haymarket to the court house, ten minutes; he went with Preusser to 888 Clybourn avenue to see a committee, but not finding them, went on to the prairie at the corner of Fullerton and Clybourn avenues where he met the committee, talked with them a few min- utes, mounted the stand and spoke twenty-five minutes. After the meeting was over he returned with Preusser to a saloon, took some beer and lunch and then a car for the south side, leaving that car at Willow street and walked home. This occupied twenty minutes, and he reached home at 1 1 o'clock. While at the Haymarket, he did not enter Crane's alley with Spies; had no conversation zvith him near the mouth of any alley; did not zualk that night zvith Spies on Randolph street zuest to Halsted and hack to the zvagon; did not see Spies meet Schnauhclt ; did not see or speak to Spies at all that night at Haymarket; did not say any thing to him about pistols or police, or zvhether i8 one zuoidd he enoiig'h, had no such cojivcrsation ivith any- body at Hayniarkef ; did not say to Spies or any one else zve zvcre ready for them, or would g'it'c it to them. He met Heineman and asked for Spies, he took the car about half-past 8 on /Randolph street for the court house, and the Cl3'bourn avenue car about tvvent}^ minutes to 9. The character of his errand at the Ha3'market makes the spending of ten minutes there sufficient for such errand. He didn't go there to attend the meeting or to speak, but simply to find Spies. It was before the meeting began, and there were few people. He movtifd about the crowd a few minutes, and not finding him, hastened to the meet- ing himself, which was over an hour's ride away. Schwab must have arrived at the meeting about twenty minutes past 8, and must have left about half-past 8. That Schwab was at 107 5th avenue, or Arbiter Zeitung office, and received a telephone call for Spies first and went to Deering factory himself is testified to by Patterson (A.. 228; M, 42); Waldow (x\. 245; M, 168); Bach (A. 279; M, 398,399); and Fielden (A., 265, M, 307); that a telephone message was sent from Deering to Arbeiter Zeitun"- is testified to by Preusser (A., 248, 249, M, 197, 200). That Schwab was seen at the corner of Randolph and Desplaines street, as sworn to by him, is testified to by ( 2) Heineman, a Tribune reporter and witness for the prosecution (A., 126; K, 232); (3) Owen, a reporter for the Times (A., 124; K, 202), (4) Herman Becker (x\., 250) szvcars, about 8 o^lock Schzvah came south o)i Desplaines street and took an cast bonnet car on. Ranpolph : that he icas at Dcerino- factory and spoke there, is testified to by Edward Preusser (A., 249, M, 200) ; Fritz Stettler (A., 250) ; Will- iam Radtke (A., 221); Dietrich Behrens (A., 222); he remained at Deering three-quarters oE an hour to an hour, having reached there half-past 9 to twenty minutes to 10, he did not leave Deering until half-past 10, and that the time zvhich ivoiiJd be requfred to gv to the Hayniar- ket zuas an hour after leaving Deering. (5) August Spies: He arrived at the Hay market about twenty-five minutes after 8 with his brother Henry. No meeting was in progress; he selected a wagon as a speaker's stand, mounted the wagon, called the crowd together and inquired for Parsons. (A., 299; N, 33.) Some one in the crowd replied that Parsons was speak- ing at the corner of Halsted and Randolph; he got down from the wagon; went with his brother Henry, Ernest Legner and Rudolph Schnaubelt, and started to find Parsons. Schwab was not with him, and Schnaubc^lt told him that he had gone to Deering. He did not go to Crane's alley; did not converse there with Schzvab or any one else about pistols or police; he went from the wagon south-westerly and obliquely across Desplaines street to the corner of Haymarket, and from there west on Randolph a little beyond Union; not seeing Parsons he returned to the wagon; had no conversation ivith Schzuab at the corner of Union, or any one else, in zuhich there zuas a suggestion of being ready for them, or giving it to them, or anything of that kind. He did not meet Schnaubelt on the sidewalk south of the alley on Des- plaines street, but Schnaubelt was with him in walking from the wagon to Randolph, west on Randolph and back to the wagon. (6) Henry W. Spies (i\., 240, 241) corroborates his brother fully. After inquiring for Parsons from the wagon, his brother then got down from the wagon. 20 walked south-westerly toward the north-west corner of Desplaines and Randolph, ami did not go hi the direction of Crane Bros.'' alley. (7) William Saul (A., 205) : Stood south-westerly from the wagon. Saw tlenr}- Spies and his brother as they passed him; knows Schwab — did not see him with Spies on the wagon or afterwards; he was not in group oj- men zvho accompanied Spies. (S) Carl Richter (A., 186, 187): Had been ac- quainted with Spies more than a year previous to the Hay- market meeting; he stood at that meeting at the mouth of Crane'' s alley. Spies was at that meeting; called for Par- sons; left the wagon; he did not see Jim enter the alley although there zuas nothing to prevent him from seeing him if he had gone there; he was there with Robert Lind- inger and remained with him for the evenincf. (9) Robert Lindinger (A., 215): Was with Richter at the mouth of Cranc''s alley, midway between the two sidewalks, and did not see Spies or anybody else -pass into the alley. Never saw Schwab before he testified; saw Spies leave the wagon after asking for Parsons, and re- turn to it after five or ten minutes, and then open the meeting. (10) Frederick Liebel (A., 188): Was by the lamp- post, at the corner of the alley, when Spies inquired for Parsons; he then left the wagon; knew Schwab by sight, did not see him, on or near the wagon, when Spies made his inquiry; did not see him that night, did not see Spies go to alley. The lamp was lighted and was light enough to notice faces. (11.) Officer Cosgrove for the prosecution (A., 21 I20, 121 ; K, 167) testilied: "When Spies got on the " wagon first, he called out twice whether Parsons was " there, and told some one in the crowd to go and find " Parsons. He said Fielden would be here later. He got " dozvn and zvent in a sothzvestcrly direction; he came " back in a short time and commenced speaking." (12,) Officer McKeough, also for the prosecution, (A., 122; K, 176): "Spies got on the wagon and called " out twice is Parsons here; he received no answer and " said never mind, I will go and find him mvself. Some- " body said, let us pull the wagon round on Randolph " street and hold the meeting there. Spies said, we may " stop the street cars; he stai'ted away then and Officer " Myers and myself foUoxved him as far as the corner " (corner of Randolph and Desplaines streets)." If Officers Myers and McKeough followed Spies, did they not know where he went, and that he did not go into the alley with Schwab? And yet when these officers were following Spies was the only time he left the wagon. Therefore we have two witnesses for the prosecution who follotved Spies and know most positivel}^, and testify in effect, he did not go into the alley with Schwab. (13.) Mr. English, the Tribune reporter, (i.\., 129; K, 274): He was present when Spies got on the wagon and that he efot off' the waggon and went over toward Randolph street. " As he passed me in coming back, I " asked him if Parsons was going to speak." (14.) Brazelton, reporter of the Inter Ocean, was named by Thompson as the man who pointed out Schwab. Brazelton's name was endorsed on the back of the indict- ment, yet Brazelton was not produced as a witness, even when the state was notified to produce him. 22 The testimony also shows without contradiction, that Spies and Schwab zuere both Germans. It zuas offered by the defendants to frove they luere in the habit of carrying on their -personal conversations in their native tongae, zvhich offer zuas rejected by the Judge, and to his riding an exception zuas preserved. (N, 56; A., 303.) Could anything be practically more pertinent or impor- tant than this testimony thus offered, and refused by the court? Suppose one of 3'our Honors and myself, both intensely American, were in Paris to-night, and were con- spiring to attack the police, and were talking together. We would say, " Let's give the police fits to-night." Imagine us Americans conspiring in French and saying, " AUons attrapfer les gendarmes.'''' The only motive in making the threats in French would be to have those threats known, and if we did anything to have ourselves caught and punished. So long- as the ri^^^hteous and not the wicked are as bold as a lion, so long as crime in its tendencies gravitates towards secrecy and concealment, so long this story of conspiracy in a foreign city and a foreign language, when one's own language would conceal the very conspiracy, so long, I say, this story will be false. Again: It is said these defendants were foreigners. Tiiey were scarcely naturalized, if at all. Any two men raised until maturit}^ in Germany, and speaking that language as their native language, the very excitement of the occasion would have thrown their language into the German. Our instincts and habits of life arise in excite- ment. This is true of animals and of men. The eagle or hawk, when suddenly come upon, flies, because it is his nature to fl}'; the fox runs for his hole for the same reason. It was by this law that the lone fisherman, on the 23 banks of a stream, discriminated, without a single mis- take, between eels and snakes. Laying his catch down on the banks, those that wriggled for the river he put in his basket for eels, and those that wriggled for the stone- heaps he killed for snakes. V. August Spies. Inculpating Evidence. We should herein call attention: (i.) To the evidence of Thompson before given in the inculpatory evidence against Schwab, so far as it affects Spies. (2.) His speech at the Haymarket meeting. The pros- ecution introduced Mr. English, who read from his short- hand notes the following as Spies' speech (A. 129; K, 276): "Gentlemen and fellow- workmen: Mr. Parsons and " Mr. Fielden will be here in a very short time to address " you. I will say, however, first, this meeting was called " for the purpose of discussing the general situation of the " eight-hour strike, and the events which have taken " place during the last forty-eight hours. It seems to " have been the opinion of the authorities that this meet- " ing has been called for the purpose of raising a little " row and disturbance. This, hozucver, zvas not the inten- " Hon of the committee that called the meeting. The " committee that called the meeting wanted to tell you " certain facts of which you are probably aware. The " capitalistic press has been misleading, misrepresenting 24 " the cause of labor for the last few weeks, so much so"; "there is something here unintelligible that I cannot " read. Some of it went off on the side of my pocket. "The next is: "Whenever strikes have taken place; " whenever people have been driven to violence by the " oppression of their " — something unintelligible — " Then " the police " — a few unintelligible words, then there were "cheers — "But I want to tell you, gentlemen, that these " acts of violence are the natural outcome of the degra- " dation and subjection to which working people are sub- "jected. I was addressing a meeting of ten thousand " wage slaves, yesterda}^ afternoon, in the neighborhood " of McCormick's. They did not want me to speak. "The most of them were good, church-going people. "They didn't want me to speak because I was a socialist. " They wanted to tear me down from the cars, but 1 " spoke to them and told them that they must stick to- " gether," — some more that is unintelligible — " and he " would have to submit to them if they would stick to- " gether." The next I have is, " They were not anar- " chists, but good, church-going people; they were good " Christians. The patrol wagons came and blood was " shed." Some one in the crowd said, "Shame on them!" The next thing I have is, " Throwing stones at the facto- "ry; most harmless sport." Then Spies said, " What "did the police do?" Some one in the crowd said, " Murdered them." Then he went on, " They only came " to the meeting there as if attending church." * * "''' " Such things tell you of the agitation." * '^ * " Couldn't help themselves any more. It was then when " they resorted to violence." ='■' '■''• * " Before you " starve." '■^- * * " This fight that is going on now " is simply a struggle for the existence of the oppressed 25 "classes." My pocket got fuller and fuller of paper, my notes got more unintelligible, the meeting seemed to be orderly; I took another position in the face of the speaker, took out my paper and reported openly during all the rest of the meeting. So far as it goes it is ver- batim, except the pronouns and the verbs are changed. The balance of Spies' speech is as follows (reading) : " It was said that I inspired the attack on McCormick's. " That is a lie. The fight is going on. Now is the " chance to strike for the existence of the oppressed " classes. The oppressors want us to be content. They " will kill us. The thought of liberty which inspired "your sires to fight for their freedom ought to animate "you to-day. The day is not far distant when we will "resort to hanging these men." (Applause, and cries of " Hang them now.") " McCormick is the man who "created the row Monday, and he must be held respon- " sible for the murder of our brothers." (Cries of " Hang " him.") " DoiiH make any threats — they are of no " avail. Whenever yon gxt ready to do somethlno-^ do it, '■'• and douH make any threats beforehand. There are in " the city to-day between forty and fifty thousand men " locked out because they refuse to obey the supreme will " or dictation of a small number of men. The families of " twenty-five or thirty thousand men are starving because " their husbands and fathers are not men enough to with- " stand and resist the dictation of a few thieves on a g'-and " scale, to put out of the power of a few men to say " whether they should work or not. You place your lives, " your happiness — everything, under the arbitrary power " of a few rascals who have been raised in idleness and " luxury upon the fruits of your labor. Will you stand *'that?" (Cries of "No.") "The press say we are 26 " Bohemians, Poles, Russians, Germans — that there are "no Americans among us. That is a lie; every honest " American is with us. Those who are not are unwor- " thy of their traditions and their forefathers." Spies spoke fifteen or twenty minutes. What I have given here would not represent more than five or six minutes of actual talking-. Spies also under circumstances hereafter stated, wrote the revenge circular, which was as follows: This circular was found in' Spies' handwriting, in the Arbeiter Zeitung office, by the officers of the prosecution in their search of the premises, next day after tiie Haymarket meeting. It was preserved and on the trial introduced in evidence. We therefore claim that this was unlazufal evidence. Its unlawful feature will be discussed hereafter. (4.) Revenge circular. (i A., 141.) "Workingmen! To arms! Your mas- " ters sent out their blood-hounds — the police — they " killed six of your brothers at McCormick's this after- " noon. They killed the poor wretches, because they, " like you, had courage to disobey the supreme will of "your bosses. They killed them because they dared ask " for the shortening of the hours of toil. They killed "them to show you ' free American citizens ' that you "must be satisfied and contented with whatever your "• bosses condescend to allow you, or you will get killed! " You have for years endured the most abject humili- "ations; you have for years suffered immeasurable "iniquities; you have worked yourselves to death; you "have endured the pangs of want and hunger; your "children 3'ou have sacrificed to the factory lords — in " short, you have been miserable and obedient slaves all ■ 27 "these years. Why? To satisfy the insatiable greed "and fill the coffers of yoiir lazy, thieving master! When " you ask him now to lessen your burden, he sends his " blood-hounds out to shoot you, kill you! " If you are men, if you are the sons of your grand- " sires, who have shed their blood to free you, then you " will rise in your might, Hercules, and destroy the hideous " monster that seeks to destroy you. "To arms, we call you, to arms! " Your Brothers." (5.) RUHE. This evidence was also found by the officers in their unreasonable search, and is therefore claimed as tinlazvf'ul evidence. The point of the unlawfulness of this evidence, and of the revenge circular, as hereafter discussed, is that the manner of obtaining it was contrary to the constitution, and using it as evidence against this defendant, and against all of the defendants, was forcing them to give evidence against themselves, which is also contrary to the consti- tution. At 54 West Lake street, on Monday night, it was resolved that in certain contingencies, the word"Ruhe" should be published in the Arbeiter Zeitung under the heading " Briefkasten " (Letter-box), as a signal for certain action b}^ the members there present. This we shall consider more particularly in the review of the case made against Adolph Fischer. It was shown also that in the Arbeiter Zeitung of May 4th the word " Ruhe " actually did appear under the heading " Briefkasten." " Ruhe " is a German word, meaning quiet, rest. (A., 4; J, 59.) Mr. Spies wrote the word "Ruhe" for inser- tion in the Arbeiter Zeitung on May 4th. 28 (3-) Gilmer's testimony. (A., 141-147; K, 362-412). He went to the Hay- market meeting, reaching there about a quarter to 10 o'clock, on his way home from the Palmer Hotise, where he says he tveiit expecting to meet Governor Merrill and Judge Cole, of lozva. He stood near the lamp-post on the corner of Crane Bros.' alley, between the lamp-post and the wagon and up near the east side of the wagon for a few minutes; Fielden was speaking when he came to the meeting; he stood there for a few minutes looking for a party whom he expected to find there, and then stepped back in the alley between Crane Bros.' building and the building immediately south of it; standing in the alley and looking around, he noticed parties in conversa- tion directly across the alley, on the south side thereof; some one on the edge of the sidewalk said: " Here comes the police!" and there was a sort of a rush to see the police come up; a man thereupon came from the tuagon down to the parties on the south side of the alley, lit a match and touched of something, a fuse zuhich commenced to fizzle, a7id the party who held it took two steps forward and tossed it into the street; he knew by sight the man who threw " the fizzino- thino; into the street," but did not know his name; he was a man about five feet ten inches high, somewhat full-chested, with a light sandy beard, full faced, with an eye set somewhat back in the head, and probably weighing 180 pounds; he had on a brown or black hat; the photograph of Schnaubelt, presented to the witness, is the man who threw the bomb out of the alley; Spies zuas the man who camejrom the wagon tozuard the group; and Fischer zuas one of the group; after the bomb was thrown these parties immediately left through the alley; witness stood still until the firing ceased. 29 Upon cross-examination of Mr. Gilmer he said that he made no outcry at that time, he saw the fuse Hghted and the bomb thrown and did not for some time afterwards communicate to any person whatever what he had seen and heard upon thut night, although he had different conversations about the meeting in which he had stated that he had been there. On the afternoon of the next day at the city hall he did state to a Times reporter and another man, that he believed he could identify the man who threw the bomb if he ever saw him again, but did not at that time detail the occiirrencey as stated in his testimony ; from the position which he occupied in the alley, he could not see the wagon, and therefore did not see Spies when he came from the zuagon^ but that he came from the direction of the wagon, and that he had seen Spits before standing on the sidewalk and talking with somebody; he was inclined to think it was Schwab; he did not run at the time of the shooting, but stood perfectly still, there were no bullets coming in around his locality in the alley; and after it was all over, he backed out of the alley, took a car and went home; there was much excitement and talkin"g about the meeting upon the car and elsewhere, but he com- vinnicated to nobody zvhat he had seen or heard; his interview as to these occurrences had been mostly with detective James Bonfield, but he zvotdd not be positive that he had ever told Mr. Bonfield that he saiv the man lig-Ju the match {}^, 29'^) '■> he had seen Spies and knew him by sight for a year and a half, but not by name, had frequently seen and heard him speak at public meetings, but never inquired what his name was, thouo'h he had heard him once at a meetintr on Market street, a year ago last spring, and had seen from the 30 paper afterwards that Spies had been one of the speakers •at that meeting. Witness was in the city at the tiine of the proceedings before the different coroner's juries, who investigated the cause of the death of the officers killed at the Hay market; that the officers then knew his name and address, but that they never called upon him to go either before the grand jury or the coroner'' s jury. He stated that he detailed his experiences at the Haymarket to Mr. Grinnell on the Sunday after the Haymarket meet- ing, but that he only told Mr. Grinnell that he believed he coidd identify the -person zuho threzv the bomb if he sazv him; he thought^ hozuever, that he told him he sazv one man strike the match and light the fuse, and another man throzv the bomb; he had received money from time to time in small sums from Bonfcld, bat he had not told any one except the officers named that he saw the act oj lighting the bomb accomplished. (A, 303; N, 56.) We will also demonstrate: (i.) Spies did not enter Crane Bros.' alley. (2.) Fischer was at Zepf's Hall a half a block dis- tant when the bomb exploded. (3.) The bomb was not thrown from the alley. (4.) The bomb was thrown from fifteen to forty feet from the alley, from behind some boxes on the sidewalk on Desplaines street. (5-) Spies remained 0)1 the speaker'' s zuagon, excQ^t to go for Parsons, all the time from the commencement of the meeting until the order to disperse was given; he then dismounted and went to Zepf's Hall. 31 Exculpatory Evidence. ( I . ) Gilmer's Evidence. (i.) August Spies (A, 303; N, 53): When Captain Ward demanded the dispersion of the meeting Spies xuas on the -ivagon, and his brother Henry and Ernest Legner standing beside the zvagon reached their hands to help him dismount. As he reached the sidewalk he heard the explosion; he was then swept along by the people going north and entered Zepf's Hall; did not go to the alley nor in the direction 0/ the alley. Also see Spies' testimony, given more fully in the exculpatory evidence of Schwab, ante^ page. (2.) Henry Spies (A., 241, 242; M, 148, 150): When the police commanded the meeting to disperse, his brother yl//^7/5/ zuas still on the zvagon; he (Henry) was standing beside the wagon and told August to get off; he reached out his hand and helped him down. Just as August dismounted from the wagon, some one jumped behind with a pistol, and in warding off the pis- tol shot from August, received it in his own person, the ball passing through the testicle in a downward and oblique direction. On the trial the direction of this ball was demonstrated by the production of the clothing worn by Henry, showing where the ball went in and came out, and by the testimony of Dr. Thilo, who at- tended Henry for the wound. (A., 275.) (3.) Capt. Bonfield swears that when August Spies was first arrested he gave substantially the same account of his movements the night of the meeting as here claimed, and that Legner was with him. (A., 27; J, 349, 350.) 32 (4-) Ernest Legner was a witness before the grand jury, his name endorsed on the indictment, but was not used as a witness. We chiim, therefore, that Legner, when under oath, gave the same account as to Spies being on the wagon when the police came up, his helping Spies dismount at the time of the explosion, and that had Leg- ner testified on the trial, he would have testified to the fact as having occurred in that wav, as well as to the fact of his being with Spies and Schnaubelt, on the way from the wagon in search of Parsons, at the beginning of the meeting, and that Schwab was not with them. (5.) Joseph Bach (A., 280, 281; M, 404, 405): He and Mitlacher were standing on a platform by the door of a building south of the alley on Desplaines street, east sidewalk, about six feet from the alley, and from this elevation could look over the heads of people standing on the sidewalk and in the alley, and have a distinct view of the wagon and those about it. When the police came up he looked at them and then at the wagon; he sazu Henry Spies and noticed Aug'ust Spies attempt ' to get from the wagon on to the sideiualJc. Witness then turned away, and had taken but one or two steps when the bomb ex- ploded. He noticed August Spies getting off the wagon and Henry, with his arm extended to help him down. (6.) Max Mitlacher saw, after the police came. up, Fielden and Spies standing on the wagon; saiu Spies jmnp dozvn from the wagon on the cast side; sazu Henry reach up and help him doxvii. (7.) Sleeper T. Ingram, a workingman in the em- ploy of Crane Bros., who lives with his parents (A., 286, 287), was on the steps of Crane Bros.' establishment im- mediately east of the wagon, but a few feet from it, when 33 the police came up. Fielden and Spies were on the wagon at that time. (M, 449.) As Fielden made the remark they zvcre peaceable, Spies turned around and started to go off the zvagon. He reached his le/t hand dozvn to be assisted, stooped and jumped, and had no more than got to the sideivalk zuhen the bomb exploded. (8.) Conrad Messer (A., 208) : He saw both Fielden and Spies on the wagon, when the police came up and the command to disperse was given (L, 400). Spies left the wagon two or three seconds before Fielden did; saw Spies on the zvagon zuhen the comnmnd for dispersing zvas given. (L, 400.) (9.) August Krumm (L, 414, 416): He was in the alley near the mouth of it, with his friend Albright, near the building to the south, when the police came up; a short time before the police came up, he had struck a match and lighted his pipe, and held it while Albright lighted his pipe. N'o other match zuas lighted, nor a/iy fuse lighted, in the alley at that time; he did not see Spies come into the alley that night. (10.) WiLEiAM Albright (A., 217, 218) same as Krumm. (11.) William Murphy (A., 255): He got up on the speaker's wagon to look for a friend whom he sup- posed to be in the crowd, and remained on the wagon till he heard the word disperse. There were about six persons on the wagon and no one got dozvn. (12.) Adolph Tennes (A., 259; M, 269): At the time the officers came to the meeting he stood about four or five feet south of the wagon; as soon as he heard the 34 order to disperse given, he ran. Al the time he started. Spies was still on the zua^'oii. (13.) Mr. Fielden: He testifies that Spies was on the wagon when Ward was talking with him (A., 268; M, 318). Gihner testified for the State that when Spies came into the alley he saw him come down J'ro/n the zuao-on- (A., 141; K, 363.) On cross-examination he said that at the time Spies came into the alley, the place where Gilmer was standing was twelve or fourteen feet from the mouth of the alley into the alley, and it was physically impossible for him to have seen the wagon from that point. Being thus cornered, he said Spies did not get down from the wagon, but came from towards the wagon, where he had seen him standing on the sidewalk before he, Gilmer, came into the alley. (A., 144; K, 378, 380.) (14.) Otto Wandrey (A., 247, 2-|8; Vol. M, 190, 196): That he was at the Hay market meeting with Fischer on the night of the 4th, between 9 and 10 o'clock. After listening to the speaking for about a half an hour they went to Zepf's saloon, where they had a glass of beer, sitting at a table close behind and a little north of the stove. At the time of the explosion of the bomb, Fischer zvas zvith Wandrey at Zepfs Hall ; zuiioi he and Fischer entered Zepfs saloon, he loo iced at the clocic audit zvas a little after 10. (15.) Lieut. Shay, a witness for the State (A,, 60; J, 72), admitted he had a conversation with Fischer while the latter was under arrest at police headquarters, in which Fischer stated to him that on the (»vening of the 4th of May, /le zvas at Zcpfh Hall at the time of the 35 explosion of the bomb in company with Wandrey. Directly thereafter, Wandrey was sent for by Shay and stated that Fischer was in Zept's Hall with him at the time of the explosion. (i6.) Mrs. Lizzie A. Holmes (A., 262; M, 287, 288): Went with Mrs. Parsons, Mr. Parsons and Mr. Brown from the Haymarket to Zepf's Hall shortly before the explosion of the bomb, and was there with those par- ties when the bomb exploded. After entering' the hall, she sazu Fischer sitting' at the table further north, and sazv him there f-orn time to time 7(p to the explosion of the bomb, and does not think he left the building in the inter- val at all. (17.) Thomas Brown (A., 238, 239; M., 12.), 125) went to Zepf's Hall on the night of the Haymarket meet- ing, while Fielden was speaking, in company with Mr. and Mrs. Holmies. When I had entered the saloon, sazu Fischer there. This zuas just before the bomb zuas exploded. Did not see Fischer go out. (18.) Albert Parsons (A., 314, 315; N, 115), about ten minutes after the adjournment of the Hay- market meeting, went in company with Mr. Brown, Mrs. Parsons and Mrs.- Holmes to Zepf's saloon. After entering, he noticed Fischer sitting at one of the tables, spoke to him; sat himself at the same table a fezv moments, then zuent aronnd zviiere the ladies zuere, and almost instantly thereafter zvas the fash of the ex- plosion of the bomb follozued by the roar of the explosion and almost simultaneously heard the volley of revolvers By Gilmer's testimony, Fischer was with Spies in the alley, when in fact he was in Zepf's saloon. As a result of this whole matter, we have Gilmer's 36 testimony wholly uncorroborated on the one side, and on the other, seventeen witnesses, who swear to facts, the most of which are absolutely incompatible with the truth of Gilmer's statement. I. THE BOMB WAS NOT THROWN FROM THE ALLEY. (i.) Officer Louis Haas, witness for the state (A., 128; K, 252, 253) attended the meeting in citizen's clothes and at the time of throwing the bomb was standing in the center of the street and within five or six feet of the wagon. He says the bomb came, from about five or six feet south of the corner of the alley. (2.) Paul C. Hull, reporter of the Daily News, witness for the state (A., 116) was standing at the time of explosion upon a landing at. the head of the stairway on the brick building on the north-east corner of Ran- dolph and Desplaines. Directly opposite to where he stood was a pile of boxes, south of the lamp-post on the east side of Desplaines. He saw the bomb in process through the air, and it seemed to coine from about fifteen to tiventy feet south of Crane's alley, flying over the heads of the police (K, 124.) (3.) Heinemann, reporter for the Tribune and witness for the state (A., 126; K, 325) was at the time of the explosion on the east of the sidewalk of Desplaines, half way between Crane Brothers' alley and Randolph, saw the bomb rise out of the crowd, that it rose from near the south-east corner of the alley. 37 On behalf of the defendants: (4.) Barton Simonson (A., 178, 179; L, 171) says at. the time police came he stood upon stairway of the building north-east of the corner of Randolph and Des- plaines. about half way up the stairs, which brought his head probably twent}" feet from the ground and gave him a clear view over the heads of the audience. Bomb came from a point nearlv tzuenty feet south of the south line of Crane''s alley, from the center of the sidewalk on the east side of the street and from behind some boxes. (5.) LuDwiG Zeller (A., 184; L, 149, 150) stood near lamp-post on the alley; after the order to disperse was given turned to walk south to Randolph. As he turned, saw a lighted fuse go through the air from six, eight or ten feet south of the lamp. Explosion imme- diately after. On cross-examination (A., 185; L, 159'), was standing at the moment bomb vvas thrown, fve or six feet south of the alley and saw a lighted fuse eight or ten feet south of him. (6.) Frederick Liebel (A., 188, 189; L, 201, 203) was standing near lamp-post when police came up. As the, order to disperse was given, turned to go south to get out of the crowd. As he proceeded south, he saw a lighted fuse which at the time he took to be a stump of a cigar thrown from sidewalk near niidzvay betzveen the alley and Randolph street. Bomb immediately exploded. (7.) Dr. James D. Taylor (x\., 191, 192; L, 230) stood over the curb-stone at intersection of street and alley on north side of Crane's alley. Saw the bomb in the air somewhere betzveen tzuenty and forty feet south of the alley, and the man who threw it stood beyond a 38 number of boxes which stood south of the lamp-post. He revisited the scene the next morning and saw the boxes still there. (8.) William Urban (A, 201, 344) saw something like a fire-cracker in the air, followed by an explosion and then pistol shooting. What looked to him like a fire- cracker came from ffteen to eighteen feet south of the lam-p-post at Crane'' s alley. (9.) August Krumm (A., 210; L, 415) stood near the mouth of the alley next the building on the south. The bomb must have started about tzventy feet south of the alley ; was about twelve feet in the air when I saw it. // could not have started at the alley., and did not. Saw a streak of fire right after and heard the explosion of the bomb. (10.) William Albright (page 217; L, 493) was with Krumm. Bomb zvas not lighted or throzvn from the alley zuhere they stood. (11.) Joseph Bach and Max Mitlacher did not see any object thrown from the alley into the street. (A., 281; M, 407, 408; A., 285; M, 433.) (12.) John Hcloway (A., 230, 231) stood against lamp-post at Crane's alley (M, 58). He was looking at the speaker's wagon at the time of the dispersion and until explosion of bomb (M, 59, 60). Says he is sure nothing came out of the alley zvhile he stood there. (M, 63). From his position, if the bomb had been thrown from the alley it could not have escaped his attention. (13.) George Koehler stood on the north-west corner of Randolph and Desplaines; saw the bomb come Jro)n the east side of the street and Jrom opposite zvhere 39 he stood from the middle of the sidewalk and flying in a north-westerly direction, (14.) Edward Lehnert stood on the west side o£ Desplaines street, thirty paces from Randolph, twenty paces south from opposite the wagon. Saw a streak of tire that looked like a stump of cigar in the air. It came from tzventy paces south of the alley. (15.) John Bernett ( A.,292; M, 493): At the Hay- market meeting at the time of the explosion. Stood about thirty-eigJit feet south of Crane''s alley . On the Wednesday preceding his testimony made a careful examination of the ground to find out the locality where he stood. He saw the man who threw the bomb. Saw the bomb go through the air, direction west and a little north. The man who threw the bomb zu.is right in front of Bernett at the time, was about Bernett's size, having moustache with no chin beard. Being shown SchnaubeWs -photo- graphy says that is )iot the man. Tiie bomb zuas thrown prom about fifteen peet south of the alley. There was a pile of boxes south of the lamp-post which was on the corner of the alley. When the bomb was thrown he saw the motion of throwing; saw the fire right from the hand, followed the light with his e3-e, saw the light when the bomb exploded, heard the explosion, saw a flash and then ran away. (A., 294.) On cross-examination he states that he had told Capt. Schaack and Grinnell he could not tell how the man did look. He told Mr. Furthman that the bomb was thrown about fp'teen steps south of the alley. On re-direct he said the man who threw the bomb was but little larger than himself, and had a mustache, but no chin zuhiskcrs. 40 Against this arra}^ is Gilmer's testimony unsupported by any witness in the record. As contradictory thereof we have Hull and Heinemann for the state, and twelve witnesses for the defense. Gilmer is therefore contra- dicted by fifteen witnesses. 11. GILMER WAS IMPEACHED BY (I (2 (3 (4 (5 (6 (7 (8 (9 Lucius M. Moses (A., 194, 195; L, 268-273), Mrs. B. P. Lee (A., 195, 196; L, 279). John G. Brixey (A., 199). John Garrick (A., 200). Mary Grubb (A., 227). Phineas H. Adams (A., 250). Edward H. Castle (A., 258). H. S. Howe (A., 259). John W. Gage (A., 292). He was sustained, first, by Judge Cole and Governor Merrill, of Iowa, zc/io testified they zvere not in Chicago at the evening of the ^th at the Palmer House or elsewhere, and were not expecting to be in Chicago at that time. Had no appointment to meet Gilmer, never communicated with Gilmer, never had any correspondence luith him, nor jnade such appointment w/th him. Thus Gilmer began his tes- timony with a falsehood. The Iowa witnesses lived in a different circle of life from Gilmer. The Chicago wit- nesses also lived in different circles of life from Gilmer, and knew him but slightly. Most of these witnesses did not know where Gilmer lived or what his neighbors thought of him. The witnesses for the defense moved in the same circle Gilmer did, and knew him well. 41 III GILMER MADE CONTRADICTORY STATEMENTS. (i.) W. A. S. Graham, repoyter for the Chicago Times (Abst., 321, 322; Vol. M, 144, 149); also, (A., 143; K, 370), says Gilmer told him, on the 5th day of May, at the central station, that he believed he could identify the man who threw the bomb if he ever saw him again. Graham further testifies: I asked what kind of a look- ing man he was, and Gilmer said, he was a man of medium height, and, I think, had whiskers; he wore a soft black felt hat, but his back was turned towards me. He said nothing about anybody else in that connection. This conversation was about 4 o'clock on Ma}- 5th. Ke said nothing about there being more than one man at that location, and notJiiug of a knot of incii, or anything of that kind. He said one man lighted t/ie fuse and threzu the bomb. The conduct of the witness, Gilmer, in keep- ing this information to himself, who, the next day, gave statements different from his statement on the stand, are matters to which we call attention of the court. The question for this court, in conclusion, is: is the testimon}^ of Gilmer for the State, who received unknown sums of money from the State, who made no outcry upon seeing this startling and wicked act, who communicated the fact to no one, who told the story at first leaving out the vital fact, who in such testimony is contradicted by three witnesses for the State, and on all points b}' thirty-two wit- nesses for the defense, who began his testimony with a lie about having an engagement to meet Judge Cole and Gov- 42 ernor Merrill, of Iowa, that ni^ht, at the Palmer House, and who is successfully impeached by nine witnesses who knew him well and lived in the same social circle with him, is such testimony, we repeat, sufficiently reliable to hang anybody on? (2.) The McCormick Meeting and Revenge Circular. On the afternoon of May 3d, Mr. Spies attended the so- called McCormick meeting. The testimony introduced by the state as to that meeting is as follows: On the afternoon of that day a meeting of the Lumber Shovers' Union was held in the vicinity of McCor- mick's factor}^, whose object was to receive the report of a committee that had been sent to the bosses of the lumber yards to get the eight-hour concession. There were from five to six thousand men in the crowd. The meeting was addressed from the top of a freight car first by one Fehling, afterwards by Spies, the plaintiff in error. Haraster, the president of the Bohemian section of the Lumber Shovers' Union, tried to prevent the speakers from speaking, and told the people not to listen to them. (A., 34, 35.) Spies addressed the crowd in German for about ten or fifteen minutes; he was rather excited, and very earnest; the crowd patiently listened to him un- til the bell of McCormick's factory rung (A., 33; I, 402), when all of a sudden somebody on the opposite end of the car from which Spies was speaking (A., 33; I, 398, 402) shouted, " Now, boys, let us go for them " damn scabs." At that moment a portion of the crowd which was near McCormick's factory commenced to move towards McCormick's. (A., 2i'-> h 403-) Spies did not go with the crowd. (A., 32; I, 395, 396.) 43 The crowd pitched into McCormick's men going home from work, threw bricks, stones and sticks into them and into the windows of the factory. Officer West (A., 31), who was stationed at the factory, was himself at- tacked; he turned in the alarm for the police, who arrived within a few minutes and scattered the crowd (A., 32 ; I, 392), firing into them, and using their clubs. Officer Knright (A., 35) claims that he heard shots from the crowd, but he cannot say whether the police had fired before he heard those shots. However, none of the po- lice were shot, though some of them were hit with stones. (A., 35; 1,420.) Immediately after the patrol wagon, containing eleven policemen, had arrived (A., 35; I, 416), a couple of hundred other policemen came upon the ground (A., 36; I, 421); at that time, how- ever, the firing was over. The crowd scattered as soon as they saw the additional force approaching. (A., :^6; I, 422.) Officer Shane testified (A., 36) that he was detailed to look up the injured citizens, and admits that he found, as a result of the police firing, one who died, and two or three others who were injured. As to the contents of Spies' speech, the o/j/y testimony offered by the state is that of Mr. Baker, who says (A., 33; 1,402) he heard him speak 0/ zuives and children and homes, and appealing for their p'otediou. In connection with the foregoing testimony the state was permitted to introduce in evidence an account of the McCormick meeting, written by Spies and published in the Arbeiter Zeitung the following day. (People's Ex- hibit 63; I A., 179). The testimony introduced in behalf of the plaintiff in error, Spies, as to the McCormick meeting, so called, was in brief as follows: That on Sunday morning, May 2d, 44 at a meeting of the Central Labor Union, which is a body composed of delegates from about tvventy-tive or thirty different labor unions in Chicago (A., 185; L, 156), the delegates of the Lumber Shovers' Union, then on a strike for the shortening of the hours of labor, suggested that a meeting of the lumber shovers had been called for Monday afternoon at the Black road, and requested that a good speaker, who could keep the meeting quiet and orderly, be sent to that meeting. In the afternoon, at another meeting of the Central Labor Union, which Mr. Spies attended in the capacity of a reporter, Mr. Zeller, of the agitation committee of the Central Labor Union, requested Mr. Spies to go out the next day and address the lumber shovers' meeting. All this is uncontradicted and appears from the testimony of Zeller (A., 184, 185; L, 155, 156), Urban (A., 201; L, 340-342), Witt [A., 251), and Spies (A., 297; N, 20). On the following day, JMonda\', May 3, Spies went out to the appointed place of meeting, and found there gathered a crowd of over six thousand men. Other speakers were present, some of whom preceded him upon the platform. He was introduced by Mr. Breest, secretary of the Lumber Shovers' Union. Objection to his speaking was made by some persons present, on the ground that he was a socialist, but Breest stated that Spies had been invited to address the audience and was sent by the Central Labor Union. Mr. Spies then proceeded to speak. (A., 297; A., 253.) The substance of his speech was to the effect that he advised the workin"-men to stand tou'ether and to enforce their demands at all hazards, otherwise the bosses would, one by one, defeat them. Nothing was said by him of an 45 . incendiary nature; no suggestion of violence was made, not one word was said in regard to the use of force or arms. (A., 297; N, 23.) Besides the testimony of Spies, this appears from the testimony of Witt (A., 252; M, 220), Breest (A., 253; M, 229), Schlavin (A., 254; M, 233), Pfeiffer (A., 254; M, 236). Spies swears that he had no idea, when he was invited, of any relationship of McCormick's employes to that meeting, or that the locality of the proposed meeting was in the proximity of the McCormick works. (A., 297; N, 21.) Besides, it is shown, without contradiction, that the lumber shovers whom Spies was addressing had absolutely no connection ivith the factory or employes 0/ McCormick. (A., 252; M, 221; A., 255, M, 237.) While Spies was speaking and when McCormick's bell rancT, a part of the crowd on the outskirts, some 500 people, detached themselves and ran towards where the men were coming out of McCormick's works, distant some three or four blocks from the meeting. Spies beckoned to the crowd to remain, saying, in the course of his remarks, that they had nothing to do with McCor- mick's. He went on with his speech to a conclusion, speaking some five or ten minutes after the interruption, and was thereupon elected by the Lumber Shovers' Union as a member of a committee appointed to wait upon the lumber bosses. (A., 252; M, 223; A., 298; N, 24.) Meantime the sound of shots was heard at the meeting, and at the same time the police drove up in a patrol wagon towards McCormick's, followed immediately by a large number of police on foot. Then only, Mr. Spies, who to his duties as editor of the i\rbeiter Zeitung added those of a reporter for the same paper, went up to McCormick's, and, coming 46 •into the neighborhood of the meeting, discovered that the police were chasing people who were unarmed and flee- ing in every direction, pursuing them behind cars and in various localities, and firing upon them indiscriminately. At that moment he was advised by one whom he met coming from the direction of McCormick's, a stranger to him, that two men had been carried aivay dead, and at least twent3"-five had been shot, adding words of contempt for the union men, assembled there who would let those men be shot down like dogs. Mr. Spies admits that his blood was boiling over what he heard and witnessed, and that he thereupon went back to the meeting that he had been addressing, and made an appeal to them that they should proceed to the relief of the parties who were under the fire of the police, near the McCormick works, but they were unconcerned and went home. Seeing that nothing could be done. Spies returned to the Arbeiter Zeitung office, and under the excitement of the hour, and what he had seen and heard, wrote the Re- venge circular. There were printed about twenty-five hundred of those circulars (x\., 84; J, 280), but not more than half of them were actually distributed (A., 298; N, 27). In regard to his motives in publishing this circular, Mr. Spies gives the following explanation (A., 311; N, 99 e/ seg.): " When I wrote it, I thought it was proper; I " don't think so now. I wrote it to arouse the workinij " people, who are stupid and ignorant, to a consciousness " of the condition that they were in, not to submit " to such brutal treatment as that by which they " had been shot down at McCormick's. I wanted " them not to attend meetings under such circumstances " unless they could resist. I didn't want them to do any- 47 " thing in particular; I didn't want them to do anything^ " That I called them to arms is a phrase, probably an " extravagance. I did intend that they should arm them- " selves. I have called upon the workingmen for years " and years, and others have done the same thing before " me, to arm themselves; they have a right under the " constitution to arm themselves, and it would be well for " them if they were all armed. I called on them to arm " themselves, not for the purpose of resisting the lawfully " constituted authorities 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 " police, or the unconstitutional or unlawful demands of " any organization, whether police, militia or any other." There is other evidence tendmg to show that this cir- cular was printed at the Arbeiter Zietung office, Spies detaining some workman after six o'clock for that purpose. This circular was read at the meeting at Grief 's Hall on the night of the 3d of Ma}', but without the knowl- edge of Spies, who was not there. It was addressed to the community, and not a class. (A., 27; O, 34.8, 349.) On the morning of the Haymarket meeting Spies, who by this time had gotten his head back upon his shoulders and was cooled off, was asked by Fischer to address that meeting in the evening at the Haymarket (A., 229; N, 29 and 30), shortly afterwards he saw the following advertisement: " Attention, Workingmen! Great mass-meeting to- " night, at 7:30 o'clock, at the Haymarket, Randolph St., " bet. Desplaines and Halsted. Good speakers will be " present to denounce the latest atrocious act of the police, " the shooting of our fellow-workmen yesterday afternoon. " Work/iig;inen, arm yourselves, and appear in full force I " The Executive Committee." 48 Spies said the expression, " Woj-kiiio-men, arm your- selves, and appear in fall forced'' must be struck out or he would not attend the meeting or speak there (A., 299; N, 31, 32); Fischer acquiesced and sent to Wehrer & Klein, printers, and had the line taken out; thereafter 20,000 circulars were printed with the line omitted. (A., 299; N, 32. A., 257; M, 251,253. A., 138; K, 319, 320.) (3.) RUHE. There is no evidence shovvin