Chapter VIII

COST OF ANARCHIST TRIAL. EXTRACTS FROM ZEITUNG. MOTION FOR NEW
TRIAL. MOTION OVERRULED.

COST OF THE ANARCHIST TRIALS.

It is estimated that the trials of the Anarchist conspirators for connection with the Haymarket massacre has cost Cook county and Chicago about $100,000. A calculation made by county officials at the close of the murder trial in August, placed the average cost since the night of the bomb-throwing at $24,800 per month. Another estimate itemizes the daily expenses as follows:

State's Attorney's office, stenographers, messengers, telegrams,
interpreters, extra legal help (Mr. Ingham) $200
Sheriff's office, bailiff's, jury fees, hotel bills for jury, etc. 150
Court Costs, Judge's salary, miscellaneous items 100
Detectives, policemen, witness fees 150
Criminal Court Clerk's office and other expenses 100

This makes a total of $700 a day, or $70,000 for the 100 days which the trial covered. The trials of the twenty-six persons indicted for conspiracy in connection with the murders bring the total cost up to $100,000.

In an interview Chief of Police Ebersold praised the brave and steady action of the police at the Haymarket, but for quick and active fighting gave the palm to the six officers who held a mob of two or three thousand men at bay at the McCormick works the day before the Haymarket affair. A mob tried to hang Officer Casey to a lamp post, and he fought hand to hand against great odds until rescued. Vaclav Dejnek, Frank Broda and a young man named Hess were indicted for this affair, and Dejnek was sentenced to serve one year in state's prison.

THE ARBEITER ZEITUNG.

The _Arbeiter Zeitung_, which was suppressed the morning after the riot, was re-issued almost immediately, and in one issue had the following comments on the trial:

"Has it come to this, in the land of Washington, Franklin and Jefferson? It is the Iron Must of historic development. Only those men who are economically independent can be truly free. Where there are poor and rich political freedom is a wretched lie. Mammon, the powerful idol, lowers freedom to a kitchen wench. As in Rome at the time of its decay Prætorian bands of foreigners upheld the rule of the Cæsars, so now the chief support of the money kings is the police force of the large American cities, which consists mainly of foreigners. The downfall of the Republic is nigh. It will fall like all countries whose foundations crumble away in the course of time. All the weeping and wailing cannot delay catastrophe. The present is without hope, so we must strengthen ourselves by looking at the future. A new life will bloom from the ruins of the present social order. The society of the future will bridge over the abysses which open to-day before our eyes. All men will be equal. They will remember with a shudder the time when Prætorian bands could plot the massacre of thousands. Mammon will be cast down from his usurped throne, and Freedom will take the place with conquering power, to dwell with happy humanity forever and ever."

After the verdict was rendered Mr. Grinnell, in behalf of the State, sent word to the new publishers of the _Arbeiter Zeitung_, that care must be taken by them that no attacks either on the jury or Judge Gary should appear in their paper, notifying them that if any such article should appear, the managers of the paper would be prosecuted for contempt of court.

The following was the result of the warning:

"OUTRAGEOUS!"

"SEVEN OF THE DEFENDANTS SENTENCED TO DEATH, AND NEEBE
GETS FIFTEEN YEARS."

"A Motion for a New Trial Made!"

"The jury, through Osborne, its foreman, presented their
verdict to Judge Gary this morning. When the result became
known the detectives, who mingled freely with the crowd on
the street, set up a loud cheering, and the judge became very
pale--he did not expect such a demonstration. Grinnell, on the
other hand, evidently expected such a verdict, and presumably
with cause. Marshall Field and men of his stripe have entirely
too much money. What do the people say to this verdict? They
will look upon it as being impossible--incredible. We were not
inclined to believe it at first, but we soon became convinced.
Captain Black instantly made a motion for a new trial, which
Grinnell did not oppose, and Judge Gary will hear this
motion next term. If he overrules the motion, an appeal will
be taken. We are not in a proper frame of mind to say more
to-day."

THE VERDICT

fell like a bolt of lightning into the midst of Socialistic and Anarchistic circles, believing as they did, that punishment could only be inflicted upon the perpetrator of the act of hurling the bomb. No wonder that consternation sat darkly upon each sullen brow like the pall of impending doom, as slowly from the jury came those words of fearful import which set them face to face with death, the verdict was applauded by the foreign and American press. Twenty-five representatives of reputable labor unions met condemning the action of the Socialists and thereby endorsing the verdict of the jury.

The Socialists of New York held indignation meetings denouncing the verdict and expressing sympathy with their unfortunate brethren of Chicago. Mrs. Black, in a letter dated Sept. 22, prophesied that in case the sentence was executed widespread revolution and destruction of property and life would immediately be inaugurated. On the 27th Capt. Black served a notice upon State's Attorney Grinnell for a new trial, on the ground that the verdict was not in keeping with the law; also that the court had allowed improper testimony, and had erred in his instructions. 1,191 men were called to serve as jurors in the case before the twelve eligible men were secured, and even then it was claimed by the defense that only ten of the twelve were competent.

On Friday, Oct. 1st, the Attorneys for the defense began their arguments for a new trial, drawing largely upon their imaginations to supply evidence in the case. They endeavored to introduce false affidavits from one Orrin Blossom, of No. 2,961 Wentworth Avenue, and A. Love, of La Grange, to impeach the testimony of Gilmer. But the wary State's Attorney Grinnell had one move to make which blocked their game. He had counter affidavits from Orrin Blossom and Love proving that Love was not in the city on the night of the Haymarket riot after six o'clock, and that he never saw _Harry Gilmer_.

Three days were spent by the defense in arguing their claims for a new trial, and on October 7th Judge Gary rendered his decision in the case in the following language:

THE MOTION FOR A NEW TRIAL OVERRULED.

Judge Gary said:

"In passing upon this motion for a new trial the case is so
voluminous, there is such a mass of evidence, that it is
impossible, within anything like reasonable limits, to give a
synopsis or epitome. I do not understand that either upon the
trial before the jury or upon the arguments of this motion
before me there have been any arguments tending or intended to
deny that all of the defendants, except Neebe, were parties to
whatever purpose or object there was in view--that the other
seven were combined for some purpose. I, of course, do not
wish to attribute to the defendants' counsel any admissions
which they have not made, but my impression is that there has
been no argument tending or intending to deny that all the
other seven, except Neebe, were engaged in the pursuit of some
object. What it is, the counsel have debated before the jury
and before me. Now, it is important to know what that object
was, whether it was as counsel for defense have stated--merely
to encourage working men to resist, if unlawful attacks were
made upon them--or whether it was something else. There is no
better way to ascertain what the object was, than to read what
they have spoken and written as the object, while the events
were transpiring. Now, from the files of their newspapers,
which go back a good way, a good deal can be taken, which
must of necessity be taken as the truth of what their object
was. I have not had time and opportunity to arrange either the
translations of the _Arbeiter Zeitung_ or the files of the
_Alarm_, and pick out those which in the fullest shape show
what they were proposing to do. These translations from the
_Arbeiter Zeitung_ now come to my hands for the first time. I
have here a translation of the _Arbeiter Zeitung_, January 11,
1885, headed 'To Arms'."

The Court proceeded to read numerous and lengthy extracts from translations offered in evidence of articles in the _Arbeiter Zeitung_, in which revolution by force was advised, and the approaching revolution, it was declared, would be greater than that of the last century. Among the extracts read were the following:

"Dynamite! Of all stuff, this is the stuff."

"The day draws near when the working people of America, in an outburst of passion and ungovernable rage, will revolt and demand the total abolition of the existing state of things which brings to the working classes so much misery and death. Have you all prepared yourselves with knives, pistols, guns and dynamite for the unavoidable conflict between labor and capital?"

"It was decided at the last mass-meeting at No. 54 West
Lake street that the next meeting will be devoted to the
consideration of the military laws and necessity of using
force in the warfare between capital and labor."

"Each working man ought to have been armed long ago. Daggers,
revolvers and explosives are cheap, and can be easily
obtained."

"Those who want to talk to capitalists in earnest must be
prepared to attain their object by killing them. This can only
be accomplished by systematic organization. The time for all
this is short--look out--"

"In addition to all this," continued Judge Gary, "there is
the testimony of witnesses that there was a combination which
was formed as early as 1884, and that combination had for
its purpose the changing of the existing order of things,
the overthrow of government, and the abolition of all law.
There can be no question in the mind of any one who has read
these articles or heard these speeches, which were written
and spoken long before the eight-hour movement was talked of,
that this movement which they advocated was but a means in
their estimation toward the ends which they sought, and that
the movement itself was not primarily any consideration with
them at all. The different papers and speeches furnish direct
contradiction to the arguments of counsel that they proposed
to resort to arms merely to resist any unlawful attacks which
the police might make upon them, because these all show that
their object was this: If, during the eight-hour movement,
strikes occurred, and if the employers chose to employ other
men in the place of those who had struck, then these men
so employed must be prevented by force from going to work,
and if the police then undertook to resist the force so
employed on behalf of the strikers; if the police undertook
to prevent this force from being so employed, then that was
the ground on which the police force was to be destroyed.
There can be no doubt that that was an unlawful combination.
It is impossible to argue that any set of men have the right
to dictate to others whether they should work or not, and
if they chose to work in defiance of their dictation, drive
them away by force, and if the police undertook to prevent
that force, then kill the police. It is impossible for an
instant to support any such principle as that. The members
of this combination publicly announce that they had no hope
of winning the majority over to their side by argument, and
no hope of attaining their object by getting rid of this
majority by violence. There is no doubt that seven of the
defendants were in the combination formed for that purpose. As
to Neebe's part, there is the evidence of witnesses that he
presided at meetings called by the class of people from whom
this combination was drawn, and that he called meetings of the
people who were engaged in the movement. There is evidence
that he marched in the Board of Trade procession, the object
of which was said to be the demolition of that building."

The Court proceeded to discuss all the evidence against Neebe, which tended to show that he was associated with the rest of the defendants in the encouragement of the movement which had for its object the destruction of the government. The Court resumed:

"On the question of the instructions whether these defendants,
or any of them, did anticipate or expect the throwing of the
bomb on the night of the 4th of May, is not a question which
I need to consider, because the instructions did not go upon
that ground. The jury were not instructed to find them guilty
if they believed that they participated in the throwing of the
bomb, or encouraged or advised the throwing of that bomb, or
had knowledge that it was to be thrown, or anything of that
sort. The conviction has not gone upon the ground that they
did have any actual participation in the act which caused the
death of Deegan, but upon the ground, under the instructions,
that they had generally by speech and print advised a large
class to commit murder, and had left the occasion, time
and place to the individual will, whim and caprice of the
individuals so advised, and that in consequence of that
advice, and in pursuance of it, and influenced by it, somebody
not known did throw the bomb that caused Deegan's death.

"There is no example in the law books of a case of this sort.
No such occurrence has ever happened before in the history
of the world. I suppose that in the Lord George Gordon riots
we might find something like this. Lord George Gordon was
indicted for treason, and the government failed in its proof
upon the trial as to what he had done. Very likely they did
not want to prove it very strongly against him; I do not
know; it is none of my business. If the bomb was thrown in
pursuance of the prisoners' advice, the instruction as to
the law of accessories before the fact applied to the case,
and the instruction to the jury was proper. If the radical
Prohibitionists should make up their minds that the only way
to stop the liquor traffic was by destroying the saloons and
killing the saloon-keepers, and if some crank should blow
up a saloon with a bomb for whose manufacture the radicals
had furnished specific directions, and in the explosion a
saloon-keeper was killed, there could be no question but that
the radical temperance men were guilty of murder. But there
was no question that when some one said 'Hang McCormick,' or
'Hang Gould,' the reply was given to make no idle threats, but
when they got ready to do anything, to do it."

The shorthand report of the speeches of Spies, Parsons and Fielden at the Haymarket meeting was then read, after which the Court said:

"Now, the general advice throughout was to each
individual-man--I mean the general teachings on this subject
of associated revolution--was to each individual-man to do
it himself, without combination; that men working together
in deeds of violence were to be avoided; that they were to
go alone where one man only was required to accomplish the
work, and where more than one man was required, as few as was
necessary should be taken. Now, under these circumstances, in
the inflamed state of the public mind at the time, each of
these orators was still more inflaming the public mind when he
advised the people to use force, and some man--I do not say
identified, but unidentified--some man in that crowd, when the
police approached, with a bomb of Lingg's manufacture, killed
Deegan; all who have advised such action are guilty of his
murder. If anything can be proved by circumstantial evidence,
that is proved; that he threw that bomb in consequence of
the influence of these teachings, this advise by speech and
printing over a course of two years; that the man who threw
that bomb had been educated up to it by the teachings of these
defendants. The case, as I said before, is unprecedented.
There is no example of any such crime having been committed;
there is no precedent of any case like this having become the
subject of judicial investigation; but the principle of law is
well fixed. It is the boast of people who profess to admire
the common law, that it adapts itself to human events, and
that no situation or no new form of industry can arise but the
common law has principles which may be applied."

The prisoners spoke in their own behalf before sentence was passed. The courtroom was crowded as usual. The police department was represented by Chief Ebersold, Capt. Schaack, and twenty officers. The prisoners wore a look of even greater anxiety than at the morning session. Parsons appeared particularly thoughtful and gloomy. The greater part of the session he sat with his cheek resting in his hand and taking less note of the proceedings than usual. Spies was laboring under great excitement. Before he began his speech Judge Gary repeated the caution he had before given the auditors to refrain from any demonstration of approbation or disapprobation during the session. He insisted that every one in the court should be seated, and seeing two men at the rear of the room seated on a table he compelled them to take chairs or sit on the floor. Everything was quiet as the grave when Spies began his address. During the impassioned passages he raised his voice and indulged in violent gesticulation. Neebe's utterance was quite rapid, and he spoke like one at home before an audience. His speech would have produced an impression on any jury. His voice is clear and resonant, and he has a better presence than any of the other defendants. Fischer spoke hesitatingly, and would probably not have spoken at all but for an uncontrollable desire to express his opinion of the State's Attorney and all representatives of the law. Lingg's rather handsome face was flushed, and his eyes flashed as he poured out his denunciation of Messrs. Grinnell and Bonfield. When he took his seat his face was covered with perspiration. He made the walls ring, and as each sentence had to be translated by Prof. Ficke, he had ample opportunity to deliver each sentence with renewed emphasis. Schwab read his speech in a clear, resonant voice, and it had been evidently prepared with much care.