CHAPTER XXX.

Foster and Black before the Jury—Making Anarchist History—The Eight

Leaders—A Skillful Defense—Alibis All Around—The Whereabouts

of the Conspirators—The “Peaceable Dispersion”—A Miscarriage of

Revolutionary War—Average Anarchist Credibility—“A Man will Lie

to Save his Life”—The Attack on Seliger—The Candy-man and the

Bomb-thrower—Conflicting Testimony—A Philippic against Gilmer—The

Liars of History—The Search for a Witness—The Man with the Missing

Link—The Last Word for the Prisoners—Captain Black’s Theory—High

Explosives and Civilization—The West Lake Street Meeting—Defensive

Armament—Engel and his Beer—Hiding the Bombs—The Right of

Revolution—Bonfield and Harrison—The Socialist of Judea.

MR. W. A. FOSTER was the next speaker, and he made a very strong case

for his clients—the strongest that could be made in face of the many

disadvantages under which he labored in view of the evidence against

the Anarchists. He is a fluent, easy and graceful talker and held his

facts well in hand. He began in a deliberate manner, and grew at times,

as he proceeded, quite eloquent in his exposition of the virtues of

the defendants. He was pointed and caustic sometimes, but he never

seemed to lose the purpose of making a strong impression on the jury.

The opening of his argument was largely devoted to showing that the

Haymarket meeting was not riotous or boisterous, but that it had been

called for a peaceable purpose. Then he said:

“Take the theory just suggested by the prosecution in this case, that

the time had come now that was conceived of years and years ago; the

time had come now which was suggested by August Spies at Grand Rapids,

Michigan, the time had come now which was foreseen in conversation had

with the various defendants to various newspaper reporters at various

times and various places; the time had come now when the attack could

be made that was to be incited by the McCormick meeting and the

McCormick riot; the time had come now when by reason of the gathering

of the laboring people at the Haymarket Square the attempt was to be

made and the response was to be made effectual; now history was to

be written, now the point had come when bowie knives, when sharpened

files poisoned with acids, when all of these implements of modern

warfare, as we are told, were to be turned loose upon the world; when

property rights were to be destroyed, when the police were to be

killed, when any one aiding, assisting, abetting, standing up for or

protecting the law was to be ruthlessly slain. The time had come. The

men were there, the arrangements had been perfected, the police were

in line, halt was made, and they were commanded to disperse. The time,

the grand culmination of all the arrangements and conspiracies and

confederations for years back had arrived—the time when the blow was

to be struck which was to overturn civilization, which was to overturn

the country.

“These eight men are the leaders, they tell us. They tell us that

there are hundreds more that ought to have been indicted, and should

be indicted—should be prosecuted, and should be convicted, and

should be destroyed. But the time had come, and the leaders and their

friends, having been preparing for years, were ready. They courted the

attack—they hailed the day. They had pleaded for the opportunity,

and the opportunity had now arrived. Where are these men? Where are

the men that were to take charge and carry on the warfare that had

been agreed upon for the last five or six years, or longer, in the

city of Chicago? Where were they? In the first place, Mr. Parsons and

Mr. Fischer are at Zepf’s Hall. Think of it! For six long years they

had been making their preparations for the attack; for days and weeks

and months they had sown and preached revolution; the skirmish lines

had met, and they were prepared; and still Parsons and Fischer were

quietly discussing matters between themselves over a glass of beer

at Zepf’s Hall. They were principals in this matter, leaders in the

overthrowing of the Government and the establishment of this idea.

They were at Zepf’s Hall, away from any scene of action. Where is

Engel? Engel, the great conspirator—Engel, who made the inflammatory

speeches at Clybourn Avenue? Quietly at home, engaged in a game of

cards with his friend—not there at all. There is no man that pretends

or claims that Mr. Engel, at the time the bomb was thrown, was at the

Haymarket meeting or near it.

[Illustration: WILLIAM A. FOSTER.

From a Photograph.]

“Where was Schwab, one of the brainy men of this conspiracy, a man

whose pen had added to its formation, whose genius and whose brain

had been instrumental in bringing it about? An hour’s ride away, at

Deering, addressing a quiet meeting of laboring men.

“Where was Neebe? Neebe, one of the leading conspirators, they tell

us. He is one of the eight heads, one of the chiefs in the overthrow

of the Government and of property rights, and he was quietly at home.

Lingg, the man who has prepared the implements of warfare, the man who

has taken the dynamite, who has prepared the shells and loaded them,

has inserted the caps and the fuse and made all the preparations for

the destruction of the police, for the destruction of the militia and

for the destruction of property everywhere—where is Lingg? Wandering

about upon Larrabee Street, in the neighborhood of Clybourn Avenue.

“Where is Spies and where is Fielden? Spies and Fielden, the only

remaining ones of the eight, are upon the wagon, in the presence of

line after line of the police, armed to the teeth, having not only

the regulation revolvers in their coat-pockets, but those of larger

caliber, in some instances, so far as some of the companies were

concerned, in their belts. Those men were quietly standing upon the

wagon, right in sight and within the aim of all of these murderous

weapons, with the idea that an attack was to be made, with the idea

and knowledge that an assault was to take place, with the idea and

the knowledge that now the final blow was to strike which should

carry terror to the hearts of the capitalists and overturn society and

government. They were there, quietly arguing, arguing with the police

in command there, that the meeting was peaceable.

“But they say, gentlemen, ‘Ruhe’ is a German word and means peace,

quiet, rest; that because it means quiet, therefore—this is what

they intend to have you believe—that because Fielden said, ‘This is

a quiet meeting,’ or that it was peaceable, or, ‘We are peaceable,’

that that was the watchword which was to be an order in cipher to

commence immediately an attack. Now, gentlemen, I say that this is,

in my opinion, an unfair deduction; it is an unfair conclusion. The

testimony all agrees that Captain Ward appeared there and said:

‘In the name of the people of the State of Illinois, I command you

to quietly and peaceably disperse.’ That was the expression—‘I

command you to peaceably disperse’—to which Mr. Fielden replied:

‘We are peaceable,’ or ‘This is a peaceable meeting, Captain.’ Could

anything be more natural than that that reply should be made? Suppose,

gentlemen, now, that the theory of the prosecution is right; suppose

that it was the grand beginning of an uncertain end; suppose that

it was the culmination of the idea that had existed for years. Do

you believe that bombs would not have hailed from the top of every

building? Do you believe they would not have been thrown from every

sidewalk? Do you suppose they would not have been thrown from the

rear and from the front? In the nature of things, can you, in the

light of this testimony, say that because some man somewhere, on

account of some reason, which is not explained here, which never can

be explained, acting upon his own individual responsibility, lighted

a bomb and threw it, that therefore you must say that the grand

conspiracy, the arrangement for years and years had this result,

or rather that the throwing of that bomb was the result of that

conspiracy?

“But there is one thing the gentlemen have lost sight of in this

case, it seems to me. Of course they haven’t, but in their argument

they have carefully avoided it. A Socialist is not to be believed, a

Communist is a liar, and an Anarchist is capable of committing any

crime. That is what they tell us in plain language—that we have

produced some witnesses here who are Socialists, Communists and

Anarchists, and because we have done so, their testimony, for that

reason alone, is to be discarded. Mr. Walker and Mr. Ingham both made

reference to the character of some of our witnesses upon the theory

and upon the ground that the evidence showed that they were Anarchists

or Communists. Well, they were Anarchists, Socialists and Communists,

some of them.

“Although the gentlemen claim that a conviction might exist, leaving

out the testimony of Gilmer and of Thompson, they would never concede

that under any circumstances a conviction could be had were it not

for the testimony of Seliger and the testimony of Waller; they never

would concede that, and did the gentlemen ever think, while they were

presenting to you the case upon which they demanded a conviction, that

the very witnesses that they proved the facts by upon which they ask

you to hang these men are Socialists and Communists and Anarchists?

“Not only, then, are Waller and Seliger Communists, Socialists and

Anarchists, but they are State’s witnesses, co-confederates and

conspirators, men whose testimony is regarded with disfavor and with

suspicion by the law.

“They tell us that a man will lie to save his life. Said Mr. Walker,

‘Do you believe Mr. Spies? Will he not lie to save his life?’ Then I

retort the argument of the gentleman upon his own head and say, ‘Would

not Seliger lie to save his own neck?’

“They take Mr. Seliger down and they examine him and they get his

statement and they reduce it to writing. The detective force is turned

loose upon him. His statement is not strong enough; that won’t do;

it is not enough; still there are missing links. ‘Mr. Seliger, this

statement won’t do; we want something stronger than that.’ I can

imagine—I am not giving the testimony now, but I can imagine how

those detectives would go to Seliger, carried away from his family as

he was, shut up in a dark dungeon, kept there day after day—‘Now,

Seliger, here are two propositions: here is a rope and here is a

statement; choose between them.’ He chose the lesser of the two

evils—the statement, as any man would, Mr. Walker says, to save his

own life. He makes the statement. He goes away. I can imagine, I say,

the conduct and the actions of the detective force as they ply him

with questions from day to day. ‘It won’t do, Mr. Seliger, it won’t

do. There are too many missing links. We want something more. Isn’t

this so, isn’t that so? Didn’t this happen, didn’t that happen?’ And

poor Seliger, frightened, weak-minded and timid, ignorant of the

laws of this country, ignorant of the rights which American citizens

have under the laws, sits down and makes the second statement. And

still the thing goes on, still he is kept in confinement, still he

is plied with questions, still he is examined and cross-examined:

‘Mr. Seliger, the first statement won’t do, and the second statement

won’t do. Mr. Seliger, we want more from you than this.’ And, says Mr.

Walker, ‘Won’t a man lie to save his life?’ And Mr. Seliger makes the

third statement, and again he goes back to his dungeon, and after a

while again they go to Seliger and they say to Seliger, ‘This won’t

do. You have made a statement, you have made a second statement, you

have made a third statement, but still there are missing links. Isn’t

this so, isn’t that so?’ And, as Mr. Walker says, ‘Won’t any man lie

to save his life?’ And the fourth statement is made by Seliger. And

these statements are unrolled as he sits here quivering and trembling,

knowing perhaps that he is destroying the lives of these eight men,

his former friends and associates, and questions are pronounced after

questions, and the testimony is introduced before you, gentlemen, from

a Socialist, from a Communist, from an Anarchist, from a conspirator,

and from a man that will lie to save his own life; and upon that

testimony you are to act, and you are not to act upon any testimony

introduced by the defendants in this case.

“You remember the candy-maker that was brought upon the stand by the

merest accident. You remember the circumstance that when his name was

called he responded from that corner of the room (indicating)—none

of us had ever seen him; we didn’t know it, and I don’t to-day hardly

know how we got any information in regard to the man at all. And when

he came forward here you will remember that this case was delayed

until Mr. Zeisler and myself took him into the other room to ascertain

if possible why he was here and to what facts he was going to testify.

He came upon the stand, and what does he tell you? He tells you that

on the night of the 4th of May he was at the Haymarket. He tells you

that he was south of the alley, and when it was rumored there that

the police were coming he started with others down. He tells you that

at the time he did not know how far it was south of the alley, but he

knows from the location and from the surroundings, and that since then

he has gone there with his tape-line and he has measured it, and that

it is thirty-eight feet south of the south line of Crane’s alley. He

tells you that as they were going down, when the police had come up he

saw a man with this motion, indicating a backward and upward motion

with the right hand—not with this motion that Frank Walker tells

about—cast a burning fuse, as it went hissing through the air; that

he followed it until it struck, that he looked at it until the whole

country around about was illuminated by the explosion and policemen

bit the dust.

“Is he a reliable man, gentlemen? Is there anything wrong in his

character? If there was, why, as late as two weeks before the time

that he testified, was Mr. Furthmann placing before him the picture of

Rudolph Schnaubelt? If he was an unreliable man and they knew it, if

they did not believe his statement because of his unreliability, why,

I say, was Mr. Furthmann two weeks before—according to the testimony

of the witness which Mr. Furthmann has not undertaken to gainsay or

deny—presenting the photograph of Rudolph Schnaubelt to see whether

he could identify that man as being the man who threw the bomb? If he

was an unreliable man, he tells us where he has worked; he tells us

where he has lived; he tells us who his associates are; he tells us

all about it. If there is anything wrong, then Captain Schaack would

turn loose his detectives and his police and in less than an hour’s

time the character, the true character, the villainous character of

the man would have been exhibited before you. But nothing of that kind

is done. They ascertain the fact that he saw the bomb-thrower—they

know that he saw the bomb-thrower—at least, they believe that he saw

the bomb-thrower, and the question is, Who shall be used? Shall the

candy-maker be used, or shall Gilmer be used? Which shall it be—the

candy-man or Gilmer?

“Now, you will remember that the State was two weeks putting in their

testimony, and you will remember that the defense was one week—a week

and one day more. You will remember the testimony of this witness was

that two weeks before that time, which was one week after the State

began to introduce their testimony, Mr. Furthmann presented before his

face the picture of Rudolph Schnaubelt and demanded to know whether he

could recognize the picture as being the man who threw the bomb. I say

then it seems, Mr. Gilmer to the contrary notwithstanding, that a week

after they had commenced the introduction of their testimony it was

still a doubtful, uncertain and mooted question as to where took place

the throwing of that bomb, and into whose hands to place it.

“What does the candy-maker say? He says honestly to Mr. Furthmann: ‘I

cannot recognize that man as being the man; I don’t believe that that

man had whiskers; all I know is that I think he had a light mustache

and I think he was an ordinary-sized man; that is all I know about

him.’

“And, gentlemen, that is a reasonable story. Hurrying away as he was

in that crowd, supposing that the police had come there for a purpose,

seeing this thing take place and the disaster that resulted from it

and the excitement incident to it, would we expect that he would know

or would be able to see any more than that? He did not recognize

Schnaubelt as being the man; he did not recognize Fischer as being

present at the time the bomb was thrown; he did not recognize Spies

as being the man who lighted the fuse, and the prosecution did not

want him, and so they sent him back to the candy-shop in obscurity,

and there intended that he should remain. They did not want him. Why

didn’t they? They had found a conspiracy, they say, to use violence

for certain illegal purposes. They had established the fact of murder;

there was a missing link; that was what was troubling them, and that

is what has troubled them from the beginning of this trial down to the

present time—the missing link. Where is the man in all the face of

God’s green earth, where is the man that can identify one of these men

that we will show was in any conspiracy to do anything which we might

criticise or object to, that is in any way responsible for what was

done at the Haymarket that night? They must have the missing link, or

else they must fail in this prosecution. The candy-man won’t furnish

it. He tells his story, a consistent and reasonable story. They

believe his story because they take him up and they exhibit to him the

picture—‘Is that the man?’ Oh, if he had only said, ‘Yes, that is the

man, that is the man that was in company with him,’ how quickly the

candy-maker would have come before us as a witness. But no; the man

said honestly, ‘I cannot do that; I was in a crowd in the darkness; I

was in the bustle and the excitement; I cannot do that.’ They didn’t

want him; they sent him home. And still there is a missing link. Who

is going to furnish it?

“Gilmer comes proudly to the front. He says, ‘Rather than have the

play stopped I will furnish the missing link.’ Gilmer—Harry L.

Gilmer—the old soldier that they tell us about. I don’t believe it.

I don’t believe he was ever in the army a day of his life, because I

believe if he had been that my brother Grinnell, of all witnesses that

had been called, would have asked him that very first question. Some

of you gentlemen bear upon your breasts the emblem of the Grand Army

of the Republic; some of you were in the war and marched at the peril

of your lives under the stars and stripes, and you would delight in

meeting a man, and delight in believing in his honor and integrity, if

you believed that he was engaged in the common cause with you in those

trying days; and still the shrewd counsel never asked the question.

A veteran! Yes, a veteran of Battery D, a veteran of Chicago, of

the Home Rangers, a man that never smelt burnt powder in his life

perhaps—he is the veteran soldier that is lauded before you gentlemen

in the argument of counsel who have addressed you on the part of the

prosecution in this case.

“I undertake to say, gentlemen, that all history, ancient and modern,

has given to the world three of the grandest, the most consummate

and infernal liars that ever existed since Adam first was set in the

Garden of Eden—three names prominently that we find in the history

that we are making now, in modern history and in ancient, and in

importance they stand in the order in which I name them. First of all,

greater than all, above them all in infamy and falsehood, is Harry L.

Gilmer; next to him comes M. M. Thompson, and third is Ananias of old,

whose Christian name I never heard, if, in fact, he ever had one. All

history, ransacked, will furnish no three such men as the three names

that I have suggested.”

Mr. Foster then adverted to some points in the management of the case,

and touched at some length on the fact that Gilmer had not testified

before the grand jury. He proceeded as follows:

“Of all the testimony that has been introduced here, the testimony of

Harry Gilmer is paramount. Bind the rest of it together in a sheaf,

set it alongside of the testimony of Harry Gilmer, and it is as a

molehill compared to a mountain, if the testimony of Harry Gilmer is

true. If the testimony of Harry Gilmer is true, August Spies and Mr.

Fischer must die. If you believe him, they must be swept from the

face of the earth; and yet Mr. Grinnell, saying, ‘We have nothing to

conceal and nothing to hide,’ forgets to tell you that he has the

man who saw Mr. Spies, in the presence of Mr. Fischer, light the

fuse which was thrown by Mr. Schnaubelt, and which destroyed Officer

Degan. He never expected to prove it. If he did—if it is true that

he expected to, and if it is true that he had nothing to conceal and

nothing to hide, why, then, didn’t he say it? Why had it not been

published broadcast to the land by these newspaper gentlemen? Why was

it that Harry Gilmer’s face was not published and sent forth in every

paper that is published in the land? Why was it that it was not said:

‘This is the man—this is the man who has the testimony within his

knowledge which will show the connection and establish the link which

fastens some of the defendants, at least, to the murder of Mathias J.

Degan?’ Not a word—not a word upon the subject of Harry L. Gilmer,

the veteran of the war, the old soldier, so eloquently discoursed upon

by my brother Walker. Where was Gilmer then?

“I can imagine brother Grinnell, in his anxiety and his quandary in

determining what course to pursue here, discussing with himself and

his associates as to whether or not this case should be determined

upon the testimony of Thompson alone, or Thompson and Gilmer mixed. It

has been a serious consideration on the part of the gentlemen. There

can’t be any doubt about that. But the honest man who says, ‘No, I

can’t identify them,’ is sent home, and Harry Gilmer is brought to

the front. He will identify Schnaubelt—oh, yes; no question about

that. He will do more than that; he will identify Fischer—oh, yes; he

will do more than that. Fischer may prove an alibi; they do not know

whether Fischer was there, but there is one man that they do know was

there, and that he was there all that time upon that wagon, and that

was August Spies, and, if necessary, Harry Gilmer will identify Spies.

Now, do you believe that, gentlemen? Do you believe that? And I do not

charge my brother Grinnell with putting Harry Gilmer upon the stand

knowing that he was swearing to a pack of lies. Not at all; I do not

charge him with that. I charge him with placing no reliance upon the

man at all. I say that, if Mr. Grinnell knew at the time he made his

opening statement that Harry Gilmer was to come upon the stand and

swear to that fact, he did not do his duty as a lawyer and he did not

keep his pledge to the jury, and if he did not know it, it shows the

absolute unreliability of the testimony of Mr. Gilmer.

“Now, I say to you, gentlemen, from all the surrounding circumstances

in this case—I say that Harry L. Gilmer—and I stated to you the

other day that I was not in the habit of calling witnesses liars; I

preferred to present their testimony under the suspicion of mistake

rather than the suspicion of falsehood—but I say as to Harry L.

Gilmer that he is a stupendous, colossal, a monumental liar, and

there is no escape from it. Now, just think of it for a moment.

The world was excited; every daily paper in the universe published

accounts—in Paris and in London, in Petersburg and Vienna, on the

morning following the 4th of May, citizens read of the disaster of the

Haymarket; the civilized world was shocked with the outrage that was

perpetrated there. Where was Harry Gilmer, the man who could identify

the man who threw the bomb, the man who could identify his companion,

and the man who could identify the person who lit the fuse? Where was

Harry Gilmer on the 5th day of May? He tells us he was in Crane’s

alley the night of the 4th; he was there in the alley; he saw Spies;

he says, ‘That is the man right over there; that is the man that threw

it;’ he saw that man right over there—Spies—strike a match and light

the fuse, and saw Fischer in his company. Schnaubelt threw it in the

ranks of the policemen.

“There is the missing link, and if you believe that testimony as

to two of these defendants, the chain is complete. Darwin is dead,

but the missing link has been found. The man who furnished the

missing link went home. The man that has seen this meandered through

Crane’s alley and went quietly home to his roost, and he went to bed

undisturbed. It is true he had seen the man who threw the bomb; he

would know him anywhere. He would know him by his picture; he knows

how many buttons of his coat were buttoned. He saw the man that stood

by. He would know him anywhere. He knows what kind of clothing he had

on and how many buttons he had buttoned of his clothes. He knew the

kind of hat, the kind of clothes. He knew the man who lit the match,

who touched the fuse that exploded the bomb that Schnaubelt threw. He

knew him. He knew whether his coat was buttoned and how many buttons.

He knew all about it—everything that every man in the universe

demanded should be known by the officers of the law. And he went home

and went to bed and never said a word to any living soul about it. And

he got up in the morning, fresh upon his mind the fact of this great

outrage that was perpetrated and that everybody was talking about

everywhere—in restaurants, on the street and in street-cars—knowing

that he was the man that could recognize them all—he goes and buys

a paper on the street and sits down to read how terrible it was,

goes into a restaurant and there sits, where men were conversing of

the horror and of the outrage, and never opens his head in regard to

knowing anything about it—not a word. Then he goes, after he has had

his ‘meal,’ and gets upon the car—goes to the corner of Twenty-second

Street and Wabash Avenue, and there he meets a friend, a brother

painter, and they work all day, and from a third to half the time,

as he states, they were painting together and lapping each other’s

brushes as they painted upon the side of the building, and when noon

came they sat down to discuss matters and talk, over their lunch. They

speak, at times, about the Haymarket meeting and the great disaster,

and he never tells his friend that he had seen the bomb thrown, or

knew anything about it—not a word. The world was in flames, but Harry

Gilmer was cool.”

Mr. Foster continued his attention to Gilmer at considerable length,

making, however, no new points against him, and then proceeded:

“Now, Mr. Graham is not a Socialist. He is not a Communist nor an

Anarchist. He is a reporter, and I say that he is an honorable man.

His bearing showed it; his countenance indicated it; and the fact

that he is not attacked nor impeached, nor one word said against him,

either in argument or in testimony, in my mind establishes it.

“Well, that didn’t amount to very much. There are always knowing ones

around, and Gilmer was one of them. He liked to loaf about police

stations. He remembered the time when he was collecting the dog tax in

Des Moines. He associated with men that wore uniforms, and he liked

it. He wanted to ingratiate himself into their good opinions, and he

says: ‘I believe I would know the fellow. I was there. I was right in

plain sight, and I saw him light the fuse and I saw him toss the bomb.

His back was to me, it is true, but I do believe I would know him.’

Ah! where was Fischer then? Where was ‘that man sitting over there,’

as Gilmer expresses it? Where was Spies and where was Fischer then?

Well, they hadn’t developed at that stage of the proceeding, that is

all. They were the afterbirth in his testimony.”

Mr. Foster went into a long and searching examination of the evidence,

arguing out the more important facts developed, and closing with an

eloquent appeal to the sympathies of the jury. His speech was effective

and impressive.

On the next morning—Tuesday—Capt. Black began his argument for the

defense, and was listened to by the jury with marked attention. He is

a forcible speaker and dwelt upon the testimony favorable to his side

with earnestness and emphasis. He traversed necessarily a good deal of

the ground covered by his colleagues, but he clothed his argument in

captivating language, and made a striking and effective appeal for his

clients. The following will show the points he made:

“On the morning of the 5th of May, 1886, the good people of the city

of Chicago were startled and shocked at the event of the previous

night, frightened, many of them, not knowing whereunto this thing

might lead. Fear is the father of cruelty. It was no ordinary case.

Immediately after that first emotion came a feeling which has found

expression from many lips in the hearing of many, if not all of you:

‘A great wrong has been done; somebody must be punished, somebody

ought to suffer for the suffering which has been wrought.’ Perhaps

it was that feeling—I know not—which led to the unusual and

extraordinary proceedings which were taken in connection with this

matter immediately following the 4th of May. Perhaps it was that

feeling, in a large measure, which led to the arrest and presentment

of these eight defendants. Perhaps it was something of that feeling

which will explain the conduct of the prosecution in this case. I am

not disposed to say that there has been any willful or deliberate

intent on the part of the representatives of the State to act

unfairly. I am not disposed to charge that there has been upon their

part any disposition to do an injustice to any man. But in their case,

as in the case of all, passion perverts the heart, prejudice corrupts

the judgment.

“On the night of the 4th of May a dynamite bomb was thrown in the city

of Chicago and exploded. It was the first time that in our immediate

civilization, and immediately about us, this great destructive

agency was used in modern contests. I beg you to remember, in the

consideration of this case, that dynamite is not the invention of

Socialists; it is not their discovery. Science has turned it loose

upon the world—an agency of destruction, whether for defense or

offense, whether for attack or to build the bulwarks round the

beleaguered city. It has entered into modern warfare. We know from

what has already transpired in this case that dynamite is being

experimented with as a weapon of warfare by the great nations of the

world. What has been read in your hearing has given you the results

of experiments made under the direction of the Government of Austria,

and while you have sat in this jury-box considering the things which

have been deposed before you, with reference to reaching a final and

correct result, the Government of the United States has voted $350,000

for the building of a dynamite cruiser. It is in the world by no

procurement of Socialism, with no necessary relationship thereto. It

is in the world to stay. It is manufactured freely; it is sold without

let, hindrance or restriction. You may go from this jury-box to the

leading powder companies of the country, or their depots, and buy

all the dynamite that you wish without question as to your purpose,

without interrogation as to your motive. It is here. Is it necessarily

a thing of evil? It has entered into the great industries, and we

know its results. It has cleared the path of commerce where the great

North River rolls on its way to the sea. It is here and there blasting

out rocks, digging out mines, and used for helpfulness in the great

industries of life. But there never came an explosive into the world,

cheap, simple of construction, easy of manufacture, that it did not

enter also into the world’s combats.

[Illustration: CAPT. WILLIAM P. BLACK

From a Photograph.]

I beg you to remember also that hand-bombs are not things of

Socialistic devising. It may be that one or another, here and there,

professing Socialistic tenets, has devised some improvements in their

construction, or has made some advances with reference to their

composition; they have not invented them. The hand-grenade has been

known in warfare long ere you and I saw the light. The two things have

come together—the hand-grenade, charged no longer with the powder of

old days, but charged with the dynamite of modern science. It is a

union which Socialists are not responsible for. It is a union led up

to by the logic of events and the necessities of situations, and it

is a union that will never be divorced. We stand amazed at the dread

results that are possible to this union; but as we look back over

history we know this fact, contradictory as it may seem, strange as

it may first strike us, that in the exact proportion in which the

implements of warfare have been made effective or destructive, in

that precise proportion have wars lost the utmost measure of their

horror, and in that precise proportion has death by war diminished.

When gunpowder came into European warfare there was an outcry against

it. All the chivalry which had arrogated to itself the power and glory

of battle in martial times sprang up against the introduction of

gunpowder, an agency that made the iron casque and shield and cuirass

of the plumed knight no better a defense than the hemp doublet of the

peasant. But now, instead of wars that last through thirty years, that

are determined by the personal collision of individuals, that desolate

nations, the great civilized nations of the world hesitate at war

because of its possibilities of evil, and diplomacy sits where once

force alone was intrenched. The moral responsibility for dynamite is

not upon Socialism.”

Captain Black insisted that the sole question before the jury was who

threw the bomb, for the doctrine of accessory before the fact, under

which it was sought to hold the defendants, was nothing but the

application to the criminal law of the civil or common law doctrine

that what a man does by another he does himself. When the prosecution

charged that the defendants threw it, their charge involved that the

bomb was thrown by the procurement of these men, by their advice,

direction, aid, counsel or encouragement, and that the man who threw

it acted not alone for himself, or upon his own responsibility, but

as a result of the encouragement or procurement of these men. He held

that the State must show that the agent of the defendants did the deed,

and that it is not sufficient to show that the defendants favored such

deeds. Upon this point counsel spoke at some length. Next he took up

the case of one of the talesmen examined with reference to his taking

a place on the jury, who swore that, having been for three years

connected with the office of the Prosecuting Attorney in the State of

New York, he found in himself that the habit of thought and life to

which he had there devoted himself had created in him a predisposition

to believe every accused man guilty, which, in his own deliberate

judgment before God, disqualified him from sitting as an impartial

juror in a criminal case. The application of this case to the attachés

of the State’s Attorney’s office who had appeared before the jury was

made the most of.

After going over the evidence as to the other conspirators Capt. Black

came to the case against Fischer and Engel. He said:

“It is perhaps proper that, in view of the circumstance that Fischer

and Engel were the only two defendants at the West Lake Street meeting

on Monday night, I should present briefly my opinions touching that

meeting as relating to this case. Two witnesses, Waller and Schrade,

testified as to what occurred at that meeting. Waller said there were

seventy or eighty people present; the other placed the attendance at

thirty-five to forty. Let us suppose thirty-five or forty met together

in that basement. In the progress of the meeting it transpired that

there had been a meeting of the North Side group, of which Mr. Engel

was a member, on the previous morning (Sunday). At that meeting a

resolution was adopted, which was brought before the Monday night

meeting for consideration, and it was adopted in the manner indicated

by Waller. I think I state it fairly to the State and fairly to the

defendants themselves, when I say that the action then and there

resolved upon was this, no more, no less: That if in the event of a

struggle the police should attempt by brute force to overpower the

strikers unlawfully and unjustly, those men would lend their help

to their fellow-wageworkers as against the police. A plan of action

was suggested by one of the group which contemplated the blowing

up of police stations, cutting telegraph wires and disabling the

Fire Department. Every particle of that resolution, gentlemen, was

expressly dependent upon the unlawful invasion of the rights of the

working people by the police. Nothing was to be inaugurated by the

so-called conspirators, there was to be no resort to force by them in

the first instance. It was solely defensive, and had reference alone

to meeting force by force; it had reference alone to a possible attack

in the future, dependent upon the action that the police themselves

might take. I am not here to defend the action of that meeting. The

question here is: Had that action anything whatever to do with the

result of the Haymarket meeting? The action of the North Side group

had nothing to do with that, since the Haymarket meeting had never

been dreamed of or suggested at that time. By whom was the Tuesday

meeting suggested? What was its scope, purpose and object? As then

and there declared, it was simply to be a mass-meeting of workingmen

with reference to police outrages that had already taken place.

Were the armed men, those conspirators who met at West Lake Street,

present? ‘No; they were not there.’ That is the testimony of Waller

and Schrade. I am not here even to say that the proposition to call

that meeting was a wise one. The event has proven how sadly unwise

it was. But I am here to say that the men who in that Monday night

meeting proposed the calling of the Tuesday night meeting, if we take

the testimony of the State itself, had no dream or expectation of

violence, difficulty or contest on that eventful night. But before

the Tuesday night meeting was proposed, a suggestion was made that

they ought to have some sort of signal for action, and the word ‘Ruhe’

was suggested by somebody. Waller could not tell who suggested it;

Schrade did not know it had been agreed upon. Evidently there was no

very clear idea that night what ‘Ruhe’ did mean, because Lingg saw it

in the paper at eleven o’clock, and said: ‘That is a signal that we

ought to be over at 54 West Lake Street.’ Waller finally, under close

examination by the State, said the word ‘Ruhe’ was to be inserted in

the ‘Letter-box’ of the _Arbeiter-Zeitung_ in the event of the time

arriving for a downright revolution. Had that revolution come; had

it commenced when the word was put in the ‘Letter-box’? No. When the

members saw this in the ‘Letter-box’ what were they to do? Go to the

Haymarket and attack anybody? No. They were to go to their respective

places of meeting, and then, according to advices brought to them,

were to determine upon a course of action. It had no reference to the

throwing of the bomb at the Haymarket. Did that Monday night meeting

pick out the man who was to throw the bomb? Did it provide that a

collision between the police and the people was to be brought about

at the Haymarket? Did it contemplate murder? Not at all. When Fischer

told Spies that the word ‘Ruhe’ had no connection with the Haymarket

meeting, he spoke the truth. It was a signal that the armed men should

meet at the places designated by themselves to determine what action

should be taken with reference to whatever might have transpired.

“But it is to be borne in mind that the meeting of the armed section

never took place. There was no meeting of the Northwest Side groups;

there was no meeting of any group pursuant to the word ‘Ruhe.’ Were

any bombs to be thrown, any violence to be resorted to? No. If the

police made an attack, a committee was to take word to the groups,

and the groups were then, and not till then, to determine what action

they should take in the line of offense. Does that make every man who

was present at the Monday night meeting responsible for the throwing

of the bomb? Not at all. Unless they are all responsible, it does not

make Fischer and Engel responsible. Engel was not at the Tuesday night

meeting. Fischer was there and went quietly away before the bomb was

thrown. There was absolutely nothing in connection with the Monday

night meeting which contemplated violence at the Haymarket or provided

for the throwing of the bomb.

“Let me call your attention, in passing, to another thing. When

Waller, having from some source heard of the lamentable occurrence

at the Haymarket, went to Engel’s house, he found him drinking beer

with two or three friends. After listening to the details of the

affair Engel said, while Waller was saying, ‘Let’s do something,’ ‘You

had better go home. I have no sympathy with a movement of this kind.

The police are of the common people, and when the general revolution

does occur, they should be with us. I am utterly opposed to this

slaughtering of them.’ That is the full extent of the case against

these two defendants, except the further fact that Fischer had a

pistol and a dagger. It is not right to hang any man for the Haymarket

murder simply because he had a dagger or a pistol in his possession.

“As to Lingg, he came from that republic sitting in the center of

Europe preaching the everlasting lesson of liberty. He came here

in the fall of 1885, and became a member of the Seliger household.

Whatever he knows of social and labor conditions in this country he

learned from those about him. He joined a carpenters’ union, being

himself a carpenter by trade. He attended the meetings of that

union. Young, active, bright, capable, he enters the band of which

they speak, and manufactures bombs. There is no law against that,

gentlemen; but they claim that is a circumstance from which you must

draw the conclusion of his guilt, when taken with other circumstances,

for the Haymarket tragedy. The State put on the stand one man, Lehman,

to whom he gave bombs. Did he tell Lehman to go to the Haymarket and

use the bombs there? No. Lehman swears that he said: ‘You take these

and put them in a safe place.’ And Lehman hid them where the officer,

piloted by him, found them. Does that prove that Lingg sent a bomb to

the Haymarket for the purpose of having somebody killed? How did he

come to make bombs? Was it a matter to engage in on his own volition

or responsibility? No. The Carpenters’ Union at one of its meetings

resolved to devote a certain amount of money for the purpose of

experimenting with dynamite. You may say that was not right, but he

was not responsible for it. There is no more reason in holding him

responsible for the Haymarket affair on account of his experiments

than there is to hold every other member of the Carpenters’ Union for

the same thing. That is how Lingg came to make bombs. Without dynamite

a bomb-shell is a toy. The Lingg bombs would kill nobody unless some

human independent agency took hold of them. Did Lingg know on Monday

night that one of his bombs was to be used? He could not have known

it, because the testimony is incontrovertible that it was understood

by the men who met at 54 West Lake Street there should be no violence

at the Haymarket meeting. And yet the State asks you to say that Lingg

shall be hanged because he manufactured bombs. The man who threw the

bomb did the independent act necessary for its explosion. Who was that

man? Was he connected with the defendants? The evidence does not show

it.

“And a word more about that. This boy Lingg was dependent upon others

as to his impressions of our institutions. He went to Seliger’s house.

Seliger is a Socialist; he has been in this country for years. He is

thirty-one years of age; Lingg is twenty-one. And yet the great State

of Illinois, through its legal representatives, bargains with William

Seliger, the man of mature years, and with his wife, older even than

himself, that if they will do what they can to put the noose around

the neck of this boy they shall go scatheless! Ah! gentlemen, what a

mockery of justice is this.”

Proceeding to discuss the Haymarket meeting, he held that there was no

law that could take away the right of the people to meet and consider

grievances. When it was proposed to adopt the Constitution, in 1787,

the States were so careful to preserve the rights of the people that

several amendments were put in. Capt. Black spoke of our forefathers,

who had made the name of the revolutionist immortal, and referred

to the meetings that had to be held as a preliminary to the great

struggle. It had been charged against these men that they were guilty

of misdemeanors for holding meetings, and they had been prosecuted for

crimes. Before the Constitution could receive the approbation of the

States, it had been necessary that the amendment providing that no laws

should be passed by Congress abridging free speech should be inserted.

Such a provision had been incorporated in the first Constitution of

Illinois in 1818, and renewed in the subsequent Constitutions of 1848

and 1870. The Haymarket meeting had been called for the common good.

Those men believed that a great wrong had been done, a great outrage

committed, and the rights of the citizens in that assemblage had been

invaded by an unlawful, unwarrantable and outrageous act.

“Bonfield, in his police office, surrounded by his minions, one

hundred and eighty strong, armed to the teeth, knew that the meeting

was quietly and peacefully coming to its close. Nay, he had said

so to Carter Harrison. When Parsons had concluded, Mayor Harrison

went to the station and told Bonfield that it was a quiet meeting,

and Bonfield replied, ‘My detectives make me the same report.’ Yet

Carter Harrison did not get out of hearing before Inspector Bonfield

ordered his men to fall in for that death march. Who is responsible

for it? Who precipitated that conflict? Who made that battle in that

street that night? The law looks at the approximate cause, not the

remote. The law looks at the man immediately in fault; not at some

man who may have manufactured the pistol that does the shooting, the

dynamite that kills, the bomb that explodes. I ask you, upon your

oath before God, in a full and honest consideration of this entire

testimony, who made the Haymarket massacre? Who is responsible for

that collision? If Bonfield had not marched there, would there have

been any death? Would not that meeting have dissolved precisely as it

proposed to do? Did the bomb-thrower go down to the station where the

police were and attack them? A bomb could have been thrown into that

station with even more deadly effect than at the Haymarket itself.

There they were, massed together in close quarters, in hiding, like a

wild beast in its lair ready to spring. Did the bomb-thrower move upon

them? Was there here a design to destroy? God sent that warning cloud

into the heavens; these men were still there, speaking their last

words; but a deadlier cloud was coming up behind this armed force. In

disregard of our constitutional rights as citizens, it was proposed to

order the dispersal of a peaceable meeting. Has it come to pass that

under the Constitution of the United States and of this State, our

meetings for the discussion of grievances are subject to be scattered

to the winds at the breath of a petty police officer? Can they take

into their hands the law? If so, that is Anarchy; nay, the chaos of

constitutional right and legally guaranteed liberty. I ask you again,

charging no legal responsibility here, but looking at the man who is

morally at fault for the death harvest of that night, who brought it

on? Would it have been but for the act of Bonfield?”

Captain Black went on to say that as long as the Mayor was there

Bonfield could not act, but as soon as Harrison had gone the officer

could not get to the Haymarket quick enough. The police, the speaker

urged, had been searching the files of the _Arbeiter-Zeitung_ and

the _Alarm_ for years to put before the jury the most inflammatory

articles. After alluding to Christ as the great Socialist of Judea,

who first preached the Socialism taught by Spies and his other modern

apostles, he compared John Brown and his attack on Harper’s Ferry to

the Socialists’ attack on modern evils, concluding:

“Gentlemen, the last words for these eight lives. They are in your

hands, with no power to whom you ace answerable but God and history,

and I say to you in closing only the words of that Divine Socialist:

‘As ye would that others should do to you, do you even so to them.’”

Anarchy and Anarchists A History of the Red Terror and the Social Revolution in America and Europe; Communism, Socialism, and Nihilism in Doctrine and in Deed; The Chicago Haymarket Conspiracy and the Detection and Trial of the Conspirators · 第 30 / 38 章