Affirmation by the Illinois Supreme Court in an opinion written by Justice Magruder, of the judgement of the Criminal Court of Cook County in the case of Illinois vs. August Spies et al. Decision addresses the issues raised by the counsel for the convicted in their Writ of Error. The Illinois Supreme Court found there were no errors in the case sufficient to overturn the conviction.

Document concludes with a signed statement from Alfred H. Taylor, Clerk of the Supreme Court, certifying the record and the opinion of the court on October 11, 1887 as true and complete.

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This case comes before us by writ of error to the Criminal Court of Cook County. The writ has been made a supersedeas.

Plaintiffs in error were tried in the summer of 1886 for the murder of Matthias J.Degan on May 4th, 1886 in the City of Chicago, Cook County, Illinois. On August 20th, 1886, the jury returned a verdict finding the defendants August Spies, Michael Schwab, Samuel Fielden, Albert R.Parsons, Adolph Fischer, George Engel and Louis Linng guilty of murder, and fixing death as the penalty. By the same verdict they also found Oscar W.Neebe guilty of murder and fixed the penalty at imprisonment in the penitentiary for fifteen years.

About the first day of May 1886 the working men of Chicago and of other industrial centers in the United States were greatly excited upon the subject of inducing their employers to reduce the time, during which they should be required to labor on each day, to eight hours. In the midst of the excitement growing out of this eight-hour movement, as it was called, a meeting was held on the evening of May 4th, 1886, at the Haymarket on Randolph Street in the west division of the City of Chicago. This meeting was addressed by the defendents Spies, Parsons and Fielden. While the latter was making the closing speech and at some point of time between ten and half past ten o'clock in the evening, several companies of policemen, numbering 180 men, marched into the crowd from their station on Des Plaines Street and

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ordered the meeting to disperse.

As soon as the order was given, some one threw among the policemen a dynamite bomb, which struck Degan, who was one of the police officers, and killed him. As a result of the throwing of the bomb and of the firing of pistol shots, which immediately succeeded the throwing of the bomb, six policemen besides Degan were killed, and sixty more were seriously wounded.

It is undisputed that the bomb was thrown, and that it caused the death of Degan. It is conceded that no one of the convicted defendants threw the bomb with his own hands. Plaintiffs in error are charged with being accessories before the fact. There are sixty-nine counts in the indictment. Some of the counts charge, that the eight defendants above named, being present, aided, abetted and assisted in the throwing of the bomb; others, that, not being present, aiding, abetting or assisting, they advised, encouraged, aided and abetted such throwing. Some of the counts charge that said defendants advised, encouraged, aided and abetted one Rudolph Schnaubelt in the perpetration of the crime; others, that they advised, encouraged, aided and abetted an unknown person in the perpetration thereof.

The Illinois Statute upon this subject is as follows: (Chap 38; Div.2; Secs 2 and 3)

"Sec.2. An accessory is he who stands by, and aids, abets,

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or assists, or who, not being present, aiding, abetting, or assisting, hath advised, encouraged, aided or abetted the perpetration of the crime. He, who thus aids, abets, assists, advises or encourages, shall be considered as principal and punished accordingly."

"Sec. 3--Every such accessory, when a crime is committed within or without this State by his aid or procurement in this State, may be indicted and convicted at the same time as the principal or before, or after his conviction, and whether the principal is convicted or amenable to justice or not, and punished as principal."

This statute abolishes the distinction between accessories before the fact and principals; by it all accessories before the fact are made principals. As the acts of the principal are thus made the acts of the accessory, the latter may be charged as having done the acts himself, and may be indicted and punished accordingly. (Baxter vs People 3 Gilm.368; Dempsey vs People 47 Ills 326.)

If therefore, the defendants advised, encouraged, aided or abetted the killing of Degan, they are as guilty as though they took his life with their own hands. If any of them stood by and aided, abetted or assisted in the throwing of the bomb, those of them who did so, are as guilty as though they threw it themselves

It is charged, that the defendants formed a common purpose, and were united in a common design to aid and encourage the murder of the policemen among whom the bomb was thrown. If they combined to accomplish such murder by concerted action, the ordinary

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law of conspiracy is applicable, and the acts and declarations of one of them, done in furtherance of the common design, are, in contemplation of law, the acts and declarations of all. This prosecution, however, is not for conspiracy as a substantive crime. Proof of conspiracy is only proper so far as it may tend to show a common design to encourage the murder charged against the prisoners. It may be introduced for the purpose of establishing the position of the members of the combination as accessories to the crime of murder.

The questions which thus present themselves at the threshold of the case, are these: Did the defendants have a common purpose or design to advise, encourage aid or abet the murder of the police? Did they combine together and with others with a view to carrying that purpose or design into effect? Did they or either or any of them do such acts or make such declarations in furtherance of the common purpose or design, as did actually have the effect of encouraging, aiding, or abetting the crime in question?

The solution of these questions involves an examination of the evidence.

The first inquiry which naturally suggests itself, is: who made the bomb which killed Degan?

First, the bomb was round. Zeller, a witness for the defense, says of it, as he saw it going through the air: "it seems to me it was more round and about as big as a baseball." Taylor, another witness for the defense, says:

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"I saw the bomb enough to know it was a round bomb."

There is much evidence in the record as to the different kinds of bombs and as to the mode of their construction. The simplest and cheapest form is what is known as the gas-pipe bomb, the mode of constructing which is hereafter explained.. The gas-pipe bomb is the one which the ordinary, unskilled laborer would be most apt to make, if he desired to use such a weapon.

The round bombs however, are more expensive and their construction is more difficult and more liable to discovery. Such a bomb consists of two semi-globes, which, if made of iron, must be obtained at a foundry, or if made of zinc or other material, require the use of brass or clay molds and facilities for melting the metals entering into their composition. The semi-globes must be fastened together by solder or by bolts. Holes must be drilled for the insertion of the bolts and also for the insertion of the caps and fuse. Care must be taken to fill in the dynamite properly and to insert the fulminating cap into the dynamite and the fuse into the cap. The construction of such bombs requires time and skill and involves considerable expense in the purchase of materials.

Second, the bomb thrown at the hay-market was exploded by means of a projecting fuse, ignited before leaving the hand by a match or a lighted cigar. This abundantly appears from the evidence

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of those who saw it before it fell. One witness says it was like a fire-cracker in the air: another, that "it was like a burnt out match, that was lit yet", another, that it was a "streak of fire" in the air; still another calls it "a little tail of fire quivering in the air."

As we understand the evidence in regard to the mode of constructing a round bomb with a fuse, the method is as follows: where the two semi-globular shells are fastened together, and the dynamite is filled in through an opening made for that purpose, a fuse six or eight inches long is inserted in a detonating cap: the cap is pinched so as to hold the fuse; the cap is then inserted about two-thirds of its length into the dynamite through the opening, and five or six inches of fuse are left to project outside of the bomb.

There are bombs which do not have the projecting fuse. When explosion is desired from a distance, a wire and electric battery are used. A primer bomb has a percussion cap on each side, so that, when it is thrown, "whichever side strikes will explode the cap." Another sort of bomb is described in the testimony as having the appearance of a fruit-can, containing a glass tube connected with the top by a screw and so fixed as to explode whon thrown against a hard substance.

The bomb with a projecting fuse of six or eight inches is made to be thrown into a crowd of men and when "only a few minutes are desired to get away", and "only so much fuse is required as can burn in the interval of throwing." When the fuse projects

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in the manner indicated it is necessary to apply a light externally to the end of the fuse before the bomb is thrown.

Third, the shell of the bomb, which exploded, was of composite manufacture. Pieces of the shell were taken by the physicians from the body of Degan and from the body of officer Murphy, who had fifteen shell wounds. These pieces were subjected to chemical examination and were found to be composed of tin and lead, with traces of antimony, iron and zinc. The Degan piece contained slightly more tin than the Murphy piece, but the ingredients of the two pieces were exectly the same.

The chemists, who made the analysis here referred to and who have given their testimony in relation to the same, swear, that there is no commercial substance which has the same composition as these pieces of shell. Commercial lead, they say, never contains tin. Solder is composed of tin and lead, but the proportion of tin in solder to the amount of lead therein is so different from the proportions of those ingredients in the pieces of shell so analized, that the latter could not have been made of solder. Experiments also demonstrated that the exploded bomb could not have been made out of old lead pipe, that had been plugged or mended with solder. The proportions of lead and tin in such case are vastly different from their proportions in the pieces of the bomb, which were subjected to examination. In the latter, lead was the basis of the preparation, but tin, or some other metal containing tin, was mixed with the lead.

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Fourth, the bomb, which exploded, had upon it a small iron nut. One Michael Hahn was standing on the north west corner of Des Plaines and Randolph Streets when the bomb exploded at the Haymarket meeting, and was struck by a part of it. On the morning of May 5th, 1886 a surgeon extracted from his body an iron nut, threaded in the circular opening through its center, so as to fit upon the screw end of a bolt, of which it had evidently been a part. The discovery of this nut points unerringly to the conclusion that the two semi-globular halves of the exploded bomb had been fastened together by a bolt and had not been soldered together. The evidence shows that soldering was the usual method of fastening together the two halves of the round bomb.

The four characteristics of the exploded bomb, which have been thus indicated, were found to exist in the bombs, which were made by the defendant Louis Linng.

First, many of the bombs made by Linng were round or globular in form. The defendant Linng came to this country for the first time in the summer of 1885 from some place in Germany In August of that year he became acquainted with William Seliger,a German carpenter who had resided in America, three years and a half. Two weeks before Christmas, 1885, he went to board and room at Seliger's house, No 442 Sedgwick Street, in the north division of the City of Chicago. More than six weeks before May 1st, 1886 he brought a bomb to the house and said he was going to make bombs. Some six weeks before that date or about the middle

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of March 1886 he brought dynamite there. He had three different kinds of dynamite. He had no regular employment for about four weeks prior to May 1st 1886. During this time he was experimenting with dynamite and with round and long or gas-pipe bombs. He exploded the latter in the woods north of the city, and "says he put one right in the crotch of a tree and slit it all up". During a period of six weeks prior to May 1st 1886 he was at work from time to time making semi-globular bomb-shells, and was often assisted in this work by Seliger and by two men, named Thielen and Hermann or Henmann. These semi-globes appear to have been all finished before May 4th 1886, and, of course, were intended for round bombs, the only kind in the construction of which such shells were used. After Linng's arrest, round bombs were found in a trunk in his room and under a sidewalk on Sigel street, where he is proven to have hidden them and in the possession or under the control of one Lehmann, to whom he is proven to have given them. It thus appears that the exploded bomb corresponded in shape and form with many of the bombs, made by Linng.

Second, the bombs made by Linng had the projecting fuse so as to be exploded by the external application of fire.

On April 30th, 1886, being the Friday before the day of the Hay-market meeting, Linng brought to Seliger's house a large wooden box, about three feet long, from 16 to 18 inches high and from 16 to 18 inches broad, inside of which was a tin box, containing dynamite. On the next Tuesday, May 4th 1886, he was occupied during the afternoon and until after seven o'clock in the

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evening, in filling this dynamite into gas-pipes and globular shells, using a flat piece of wood, which he had made for that purpose. He was assisted in his labors by a number of persons, and among these were Seliger, Thielen and Hermann, already mentioned, and two men named Huebner and Hunsenberg or Muensenberger the latter of whom was probably the blacksmith hereafter referred to. Upwards of fifty bombs were finished that afternoon, and the work on them would appear to have been continued up to or beyond the hour on that evening for which the Haymarket meeting had been called, as hereafter stated. The rooms in Seliger's house, which were used by Linng and his assistants for their work, are spoken of as the front room and the bed room. The witness Lehmann, visited these rooms twice on Tuesday afternoon in company with a countryman of his, a Prussian named Smideke, who went there with him to buy a revolver. His first visit was made at five o'clock in the afternoon, at which time he saw there Linng, Seliger Huebner and a person, of whom he speaks as follows: "one whose name I did not know; it is said that he is a blacksmith." They were in the bed-room and each had a cloth tied around his face, but the witness "could not precisely see what they were doing."

The second visit was made to the rooms at seven o'clock in the evening and lasted about ten minutes. At this time Lehmann did not get into the bed-room, but they were busy there as at the first visit. He saw Huebner working at some coil of fuse which looked like strings or white cord; he was cutting it into

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pieces; they were putting fuse into caps in the front room. During one of these visits Linng gave to Lehmann a small leather hand-satchel or trunk, which the latter took home and placed in his woodshed, and at three o'clock next morning after he had learned of the destruction wrought at the Haymarket, carried "away to the prairie there burying its contents. The satchel contained a tin box or can nearly full of dynamite, and three round bombs, some caps and two coils of fuse.

Another circumstance may be mentioned in this connection. After ten o'clock on Tuesday night when Linng and Seliger were on Larabee street just south of North Avenue in the north division of the city, a patrol wagon passed them, which was manned with policemen and had been summoned to the Haymarket by a call through the telephone. Linng proposed to throw among the policemen in the wagon a bomb, which he had about his person, and, for the purpose of exploding it, demanded a light of Seliger, who was smoking a cigar at the time. It thus appears that the bombs made by Linng were made with the projecting fuse, and so, corresponded with the second feature of the exploded bomb, as already noticed.

Third, the shells of the round bombs made by Linng were constructed of composite metal. Their correspondence in this particular with the shell of the exploded bomb tends very strongly to show, that the same hand which made them also made the exploded bomb.

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Linng, Seliger, Thielon and Hermann were frequently engaged in "molting and casting" in Seliger's kitchen during the six weeks before May 1st 1886, Linng melted lead or some other metal in a ladel on the kitchen stove. A pan is identified as one which was used by him in making the semi-globes, found in his round bombs. He also made use for such purpose of clay molds, constructed by himself. One of these clay molds could only be used twice.

Pieces of bomb shells proven to have been made by Linng in the manner and with the materials here indicated, were subjected to chemical analysis. They were composed of a certain percentage of tin, and the remainder was lead with traces of antimony, iron and zinc. Out of four bombs examined the percentage of tin in the different bombs varied slightly in three and in the fourth considerably more than in the other three. As a result of the chemical analysis, the piece of shell taken from Degan's body, and the pieces of the shells discovered in Linng's possession after his arrest, were shown to be composed of exactly the same ingredients.

After May 4th there were found in Linng's room a metal cap, a cold chisel, a file, shells, loaded cartridges, "metal and also some lead", "some babbitt metal, some sheets of lead", bolts, pieces of metal in a japan dinner box with 4 dynamite gas-pipe bombs, 2 loaded and 2 empty, a Remington Rifle, a round dynamite bomb loaded, two pieces of solder, a blast hammer and a smaller

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pointed hammer, a couple of iron bits and drills, a two-quart pail with saw-dust in the bottom, a tin quart basin with fuse and saw-dust or dynamite in it, two long cartridges of dynamite and some fuse already fixed, fuse about four inches long and caps, a big coil of fuse in the trunk, a piece of block tin, a piece of candle-stick. Babbitt metal is an alloy of copper, tin, and zinc. Many of the articles found were chemically analized. The candle-stick or toy proved, upon analysis, to contain tin, lead, antimony zinc and a trace of copper. All the ingredients necessary to make up the composite material, out of which the exploded shell was constructed, were thus discovered to be in Linng's possession.

The shell of the globular bomb, if entirely of lead, would be soft and yielding, and on this account would fail to furnish that degree of resistence to the dynamite, which appears from the evidence to be necessary, in order to make the explosion effective. It was evidently for this reason, that some other substance, such as tin, was combined with the lead to give the shell a firmer consistence and make its effect more deadly. With the same end in view nails and wire, as will be hereafter seen, were recommended by the defendant Engel to be put around the gas-pipe bombs.

It appears, that of the bombs made by Linng, which were analized, each differed slightly from the others in the amount of tin, though all contained the same ingredients. It also appears that the two halves of the same bomb would differ

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somewhat in the proportions of the metal present, and this accounts for the fact, that the piece from Degan's body contained a very little more tin than the piece from Murphy's body, each evidently coming from a different half of the bomb.

These slight differences are such as would naturally be expected, when shells were made with the rude materials with which Linng worked, melting his metals in a small ladel on a kitchen stove, casting half a shell at a time, making use of clay molds made by himself each one of which could only be used twice.

Fourth the semi-globular halves of each round bomb made by Linng were fastened together by a bolt, upon one end of which was screwed a small iron nut showing a reasonable correspondence between the Linng bombs and the exploded bomb in the fourth peculiarity of the latter, which has been heretofore mentioned.

On the morning of Tuesday May 4th, Linng left Seliger's house to go to a meeting on the west side and did not return until one o'clock in the afternoon. Before leaving he instructed Seliger to go to work at the bombs, remarking that they would be taken away that day. He gave Selger a bolt, and said "that he had not enough of those bolts", and told him to go to Clybourne Avenue and "get there some that he had already spoken to the man about."

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about fifty of the bolts were procured in accordance with the directions thus given. Seliger was engaged in the forenoon in drilling holes in the shells already on hand for the bolts to pass through. He was chided by Linng, upon the latters return for having progressed so slowly with the work and was informed that they would "have to work very diligently during the afternoon"

The evidence shows that the bolt used by Linng was a metallic pin running through the bomb, that a head was formed on one end of this pin and on the other end there was cut a thread upon which was screwed a moveable piece called a nut, the head at one end and the nut at the other holding the two semi-globes together. These bolts were found in the bombs afterwards taken from the possession of Linng and proven by the undisputed testimony in the case to have been made by him.

The nut taken from the body of Hahn, and which was a part of the exploded bomb, was applied to the threaded end of one of the bolts taken from a bomb made by Linng and was found to fit it exactly. This cannot be regarded otherwise than as a circumstance of very grave significance.

In view of the considerations thus far presented, and of others which will suggest themselves as the examination proceeds we think the jury were warrented in believing from the evidence that the bomb, which killed Degan was one of the bombs made by the defendant Linng.

This conclusion receives endorsement from the fact that the making of such bombs as have been described is a new, unusual and dangerous occupation. There are no bomb manufactories. A

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bomb is not an article which can be bought in the market like a revolver. He who would use such a weapon must make it himself.

AAccording to the evidence in this record dynamite is composed of nitro-glycerine and clay or saw-dust it must be handled with care; it will explode if subjected to too great a degree of heat; it should not be exposed to the rays of the sun, or placed too near the fire; if kept for any length of time it must be stored with caution, for instance it is recommended that it be wrapped in oil paper, placed in a box of saw dust and buried in the cellar; when in handling it it gets upon the skin headache is produced, if its dangerous gases are inhaled frightful pains in the head will be the result. Moreover information as to its peculiarities and as to the safest mode of handling it is limited and to some extent not accessible.

For these reasons so hazardous a business as filling bomb-shells with dynamite will rarely be engaged in. Hence when a murder is the result of the explosion of a dynamite bomb, and, about the time of the murder a man is found making such bombs near the scene of the explosion, his responsibility for the crime viewed in connection with other criminating circumstances which may exist will be a more natural inference than where some more common weapon of destruction has been used.

The next question to be considered is; why did the defendant Linng make the bomb which killed Degan?

In order to satisfactorily answer this question it becomes necessary to examine the character and purposes of an association with which all the defendants in this case were connected.

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The record shows the existence of an organization known as the International Workingmen's Association, or the International Arbeiter Association, generally called the "Internationals." and sometimes designated for brevity as the I.A.A.

The platfrm or declaration of principles adopted by this organization was published by a certain bureau of Information and by certain newspapers, called the "Alarm" and the "Arbeiter Zeitung" which are more particularly referred to hereafter. It appeared in all the issues of the later paper during the months of February, March and April, 1886. It is too long for insertion here. It urges that the present system, under which property is owned by individuals, should be destroyed, and that all capital, which has been produced by labor should be transformed into common property. It says: "It is only when capital is made common and indivisible that all can be made to partake fully and freely of the fruits of common activity; only by the impossibility of acquiring individual (private) capital can every one be compelled to work who claims the right to live." It charges, that the government, the law, the schools, the churches, the press, are in the pay and under the away of the property owning and capitalistic classes and that the laboring classes must achieve their deliverance through their own strength.

This International platform thus addresses the workingmen: "As in former times no privileged class ever relinquished its tyranny, no more can we take it for granted, that the capetilists of the present day will forego their priviliges and their authority without compulsion. * * * It is therefore self evident, that the fight of proletarianism (the laboring classes)

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against the bourgeoise (the middle classes) must have a violent revolutionary character and that more wage conflicts can never lead to the goal. We could show, by numerous illustrations, that all attempts which have been made in the past to do away with the existing monstrous social system through peaceable means, for example through the ballot box have been entirely useless and will be so in the future. * * *. We know, therefore that the ruling classes will not voluntarily relinguish their prerogatives and will make no consessions to us. Under all these circumstances there is only one remedyleft-- force. * * * Therefore it is your right, it is your duty, says, Jefferson, to arm yourselves. Agitation with a view to organization, organizations for the purpose of rebellion; herein is indicated in a few words the way, which workingmen must take if they would rid themselves of their chains."

It is here admitted that the property of each individual in the community could not be taken away from him and put into a common fund to be divided among all the members of the community without a resort to revolution and force. The way to the result sought to be reached by the International platform here referred to, leads, through the crimes of robbery, theft and murder, to the destruction of the existing system of social order and of all the laws and institutions upon which that system is based.

The association whose principles are thus outlined in its platform, was divided into groups, of which there were eighty in the United States in March, 1885, located principally in the centers of industry. For some time prior to May 1, 1886 there was a number of these groups in Chicago. The following are

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spoken of by different witnesses. the north side group which met at No. 58 Clybourne Avenue in the north division of the city; the northwest side group, which met at Thalia Hall, No. 636 Milwaukee Avenue in the northwestern part of the city; the American Group, which met generally at No. 54 West Lake street in the west division of the city, but sometimes at Baums Pavilion at the corner of cottage Grove Avenue and 22nd street in the south division of the city, and at No 45 North Clark street, No. 106 Randolph Streetand on the lake front; the group, "Karl Marx," which met at 63 Emma street in the west division; the group "Freiheit" which met on Shuman street in the south division; the southwest side group which met at No. 611 Throop street in the southwestern part of the city; the group, Jefferson No.1," which met at 600 Milwaukee Avenue

The defendants Schwab, Neebe and Linng belonged to the north side group, the defendants Engel and Fischer to the northwest side group, and the defendants Spies, Parsons and Fielden to the American group. Spies had also belonged to the northwest side group.

The members of these groups were known by numbers and not by names. The members of the north side group began to be known by numbers in July 1884. The number of the witness Seliger, who belonged to the northside group was 72. Certain members of these groups were armed with rifles and drilled regularily once a week at their respective places of meeting, taking their rifles home with them after drill. These armed members were known and designated as the "armed sections," of the groups. The north side group met every Monday night at 58 Clybourne Avenue and the armed section drilled there every Sunday morning. The armed section of

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the American group met every Monday evening at No.54 West Lake street. The northwest side group met Thursday evening at No.636 Milwaukee Avenue. The southwest side group met every Saturday evening at 611 Throop street.

There was also a certain armed socialistic organization called the Lehr und Wehr Verein whose members seem to have been members also of the International Groups but to have been of a higher rankand to have attained a higher grade in the perfection of their drill than was the case with the ordinary members of the "armed sections." The evidence does not disclose the exact number of those, who belonged to the Lehr und Wehr Verein at the time of the trial, but in 1879 it had 1000 men. Its members were armed with Springfield rifles and were known by numbers. They conducted their drills and military exercises at Thalia Hall, No 636 Milwaukee Avenue, where the Northwest side group the most radically anarchistic of all the groups, held its meetings.

The Lehr und Wehr Verein had four companies in Chicago. The witness August Krueger, whose number was 8, was orderly sergeant and corresponding secretary of the second company. Godfried Waller whose number was 19 and Bernard Schrade whose number was 32 were members of this second company. Schreade also belonged to the northwest side group and says they drilled once a week and kept their Springfield rifles at home. The third company seems to have had a drill every Thursday evening at a Workingmen's Hall on West 12th street.

The "armed section" of the American Group was called the "International Rifles" After one of its drills on August 24th 1885 at No. 54 West Lake street, ten men, dressed in blue blosues and

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each armed with a Springfield rifle and who belonged to the first company of the Lehr und Wehr Verein, were introduced into the room and drilled for the benefit of the new members of the "International Rifles." It was then and there stated, that, in case of a conflict with the authorities, the International Rifles were to act in concert with the Lehr und Wehr Verein and obey the orders of its officers. From this it would appear that the Lehr und Wehr Verein or its officers were to direct the movements of the ordinary "armed sections," when occasion should require.

In the spring of 1885 there were in the city of Chicago 3000 of these armed socialists of whom the defendant Parsons then said that "they were well armed with rifles and revolvers and would have dynamite and bombs when they got ready to use them." As they were known by numbers no record was kept of their names and a system was adopted by which the members would be as little known to each other as possible.

These groups were represented by a general committee composed of delegates from all the groups of the International Association in Chicago. This committee met every two weeks in a building in the south division of the city known as No. 107 Fifth Avenue and called by the witnesses the "Arbeiter Zeitung Building." or the building of the International Arbeitur Association. The meetings of this committee were held in a library room which is spoken of by one of the witnesses as belonging to the Arbeitur Zeitung newspaper hereinafter mentioned, and which was located in the rear of the office room of that paper. In August 1885 at the time of what is called the "car-drivers strike," the

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witness seliger was present in this room as a delegate from the north side group to the meeting of the general committee and speaks of the defendant Spies as being there present on that occasion.

The members of the general committee had been in the habit of meeting in this library room for a number of years, certainly since 1880. One Mieschberger was the librarian.

An exception should be made to the statement that all the groups appointed delegates to the general committee. The north west side group did not do so, and the reason given for this by Fricke, who was at one time a member of that group and for two years book keeper of the Arbeiter Zeitung, was, that the principles of the northwest side group were more strongly anarchistic than those of the other groups. It was called an ""autonomous" group..

A newspaper called the Arbeiter Zeitung and conducted in the interest of the German speaking groups of the International Arbeiter Association, was published in the building No. 107 Fifth Avenue and had its office and editorial rooms there. Its superintendent and chief editor was the defendant Spies. The defendant Schwab was co-editor and wrote some of the most important of the editorials. The defendant Fischer was a type setter in the office and about the first of May 1886 was the head foreman of the printing department. This paper was owned by a corporatin in which Spies, Schwab, Fischer and Neebe were stockholders. It was printed in the German language, and, besides its daily issue, had a Sunday edition called the "Fackel," and a weekly edition called the "Vorbote." Its circulation was about 3600. Notices

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of the meetings of workingmen were inserted in its columns without charge.

Another newspaper by the name of the "Alarm," owned by the International Arbeitur Association and conducted in the English language in the interest of the English speaking groups, was also published at the same building, No. 107 Fifth Avenue. Its editor and manager from October, 1884 to May 1886 was the defendant Parsons. The defendant Fielden owned some of the stock in the corporation which controlled it. Its circulation was about 2000. It was first issued as a weekly and afterwards as a semi-monthly paper. Still another newspaper called the "Anarchist" was started in January or February 1886 by the northwest side group and two of the south side groups. It was under the management of the defendant Engel. Its origin was announced as being due to the fact that the Arbeitur Zeitung was not outspoken enough in its anarchistic principles. Its efforts were directed to the same ends as those contemplated by the other papers mentioned.

All the bills for the printing of the Arbeiter Zeitung and the Alarm were made out to the Arbeiter Zeitung and were paid by the defendant Spies, occasionally by check, but generally in currency.

There was a bureau of information of the Internationals. This also had its head quarters at the Arbeiter Zeitung building. The bureau of Information designated to act for the years 1885 and 1886 consisted of the defendants Spies and Parsons, the librarian Hirschberger, one Belthazer Rau, an advertising agent of the Arbeiter Zeitung and one Joseph Bach a member of the north side group and afterwards a director of the Arbeitur Zeitung. Letters

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were always addressed to Spies, as a member of this bureau, at 107 Fifth Avenue.

Besides the regular weekly meetings of the groups heretofore mentioned in their respective halls, there was occasionally a meeting of all the "armed sections" of the different groups at No. 54 West Lake Street, known as Greif's Hall.

These meetings of the armed sections whose members were located in the north, south and west divisions of the city, were irregular. They were called by a signal given by the Arbeitur Zeitung. This signal was: "Y- Komme Montag Abende," or "Y- come Monday night." Whenever these words appeared in the letter box column of the Arbeitur Zeitung they were understood to be a summons to the "armed sections" to meet on Monday night at Greif's Hall.

The evidence in the record shows that there were in the city of Chicago twenty five or thirty labor unions containing from 15,000 to 16,000 laborers, and that delegates from the unions constituted a body called the Central Labor Union. The large majority of those who belonged to the labor unions were well-meaning workingmen, whose designs were not unlawful and the object of whose organization was to better their own condition. They did not all belong to the groups of the International Association. But the members of those groups were as a general thing, also members of the different labor unions.

It thus appears that the branch of the International Workingmen Association which existed in Chicago during the year 1885 and up to May 4th 1886 was a compact, well disciplined organization. At the head of it was a general or central committee. Next to the

[11-B]

committee came the Lehr und Wehr Verein a secret military organization divided into companies. Next to the Lehr und Wehr Verein came the "armed sections" of the various groups, practicing their weekly drills at night and on Sunday in various parts of the city, and, in some instances, under the direction of the officers of the Lehr and Wehr Verein. Next came the unarmed members of the groups, who were constantly in contact with their armed brethern and in hearty sympathy with their purposes and principles. As to some of the groups however all the members seem to have been engaged in arming and drilling.

There can be no doubt that the organization here described was an unlawful conspiracy. First, its purpose was unlawful. It designed to bring about a "social revolution." "Social revolution" meant the destruction of the right of private ownership of property, or of the right of the individual to own property; it meant the bringing about of a state of society in which all property should be held in common. As a court, we are not concerned with the question, whether it was right or wrong to adopt and advocate an abstract theory in regard to the ownership of property, such as is here indicated. But this abstract theory assumed a concrete and practical form. The police and militia were looked upon as protectors and guardians of the form of ownership in property which was objected to. Hence, "social revolution" meant war upon the police and militia. The destruction by force of the police and militia in the city of Chicago was the practical object which this organization proposed to accomplish in that city

[12-B]

Second, its methods were unlawful. The arming and drilling of the groups was in violation of the militia law of the State or Illinois, which provides that, "it shall not be lawful for any body of men whatever, other than the regular organized volunteer militia of this state, and the troops of the United States, to associate themselves together as a military company or organization or to drill or parade with arms in any city or town of this state without the license of the governor, thereof" etc. It is not pretended that any such license was ever issued to these groups by the Governor of the State.

The central or governing authority of this International organization had its headquarters in the Arbeitur Zeitung building and in a room connected with the office of the Arbeitur Zeitung newspaper. From that place mainly its policy was dictated and the orders which controlled its movements, were issued. Among the principal persons who shaped its policy and outlined its course of action were the defendant. Spies, Schwab, Engel, Lingg Fielding, Parsons, Fischer and in a subordinate degree Neebe.

These defendants sought to use the organization for the purpose of bringing about the "social revolution," and, to that end, endeavored to increase its membership and perfect its discipline so as to hurl it against the police and militia, as the representatives of law and order. Among the means employed to accomplish this were, "agitation with a view to organization," and "organizations for the purpose of rebellion." The object of "agitation" was to increase the ranks of the "armed sections" of the International groups by recruits from the "Labor Unions" and other associations of working men. The meaning of "organization" was the arming of

[13-B]

such recruits with dyanimite and revolvers.

During the years 1885 and 1886 the defendants Spies, Schwabth Parsons, Engel and Fielden by numerous speeches, and by articles published in the newspaper organs above mentioned, persistently advised and encouraged the workingmen to arm themselves for a conflict with what were called the property owning classes and with the police and militia, who were regarded as the special protectors of those classes. These speeches were made at pic-nics in workingmen's halls, at gatherings of the International Groups, in Market square, from the windows of the Arbeitur Zeitung building. They denounced the police and militia. They inveighed against the "private right of property." They advised the purchase of rifles and dynamite.

Extracts from the "Alarm," "the Arbeitur Zeitung" and the "Anarchist" and from speeches of Schwab, Spies, Parsons, Fielden and Engel are set out in the statement which preceeds this opinion and which is hereby referred to and made a part of the opinion.

The articles in the "Alarm" were most of them written by the defendant Parsons but some of them by the defendant Spies. The articles quoted from the "Arbeiter Zeitung" were written by the defendants Schwab and Spies. The single extract from the "Anarchist" was written by the defendant Engel.

The articles and speeches so collated are of the most violent and incendiary character. They seek to inspire a feeling of hatred among the working men against the police and militia and the property owning classes. They not only recommend the workingmen to arm themselves with dyanimite and rifles but they give specific instructions how to handle and use dyanimite and how

[14-B]

to make bombs and how to procure weapons

[1-C]

They recommend the workingmen to attend the meetings of the International Arbeiter Association and read its organs. They advise the formation of special groups for committing deeds of violence, which are called "revolutionary actions", and point out the means of avoiding discovery after such deeds are committed. In the Arbeiter Zeitung articles will be found such expressions as these: "Each working-man ought to have been armed long ago;" "Daggers and revolvers are easily to be gotten, hand grenades are cheaply to be produced; explosives, too, can be obtained;" "The working men ought to take aim at every member of the militia." "Your passport to it (Eden) is that banner, which calls to you in flaming letters the word "Anarchy""; "Therefore, workingmen, do arm yourselves with the most effectual means;" "There is no other way than to become immediately soldiers of the revolutionary army and establish conspiring groups and let the ruins fall on the homes of such;" "(We wonder) whether the workingmen x x x will at last supply themselves with weapons dynamite and prussic acid;" "Workingmen arm yourselves;" "Enough is said about the importance of being armed x x x. We are to go to work to supply ourselves as quickly as possible with these useful things. x x x Dynamite bears several names herein America, among others it is known in trade also under the names of Hercules powder and giant powder;" "There marched a strong company of well-armed comrades of the various groups x x x the nitroglycerine pills were not missing;" "There exists to day an invistble network of fighting groups;"

[2-C]

"Every trades-union should make it obligatory to every member to keep a good gun at home and amunition;" "If we do not bestir ourselves for a bloody revolution we cannot leave anything to our children but poverty and slavery. Therefore prepare ourselves in all quietness for the revolution."

"The following expressions will be found among the extracts from the Alarm:

"One man armed with a dynamite bomb is equal to one regiment of militia &c;" "Every man, who is master of these explosives, cannot be approached by an army of men;" "How can all this be done? Simply by making ourselves masters of the use of dynamite, then x x x x x administer instant death, by any and all means, to any and every person, who attempts to continue to claim personal ownership in anything x x x x. Our war is not against men, but against systems, yet we must prepare to kill men who will try to defeat our cause x x x. The rich are only worse than the poor because they have more power to wield this infernal "property right,"

"Dynamite is the emancipator; In the hand of the enslaved it cries aloud, `Justice or annihilation.' But, best of all, the working men are not only learning its use, they are going to use it. They will use it, and effectually, until personal ownership-property rights--are destroyed &c x x x. Hail to the social revolution. Hail to the deliverer Dynamite;" Nothing but an uprising of the people and a bursting open of all stores and store houses to the free access of the public and a free application of dynamite to

[3-C]

every one who opposes, will relieve the world of this infernal nightmare of property and wages;" "Seeing the amount of needless suffering all about us, we say a vigorous use of dynamite is both humane and economical x x x. It is upon this theory that we advocate the use of dynamite. It is clearly more humane to blow ten men into eternity than to make ten men starve to death;" "Dynamite; Of all the good stuff, this is the stuff. Stuff several pounds of this sublime stuff into an inch pipe, gas or water pipe, plug up both ends, insert a cap with a fuse attached, place this in the imediate neightborhood of a lot of rich loafers who live by the sweat of other poeples brows, and light the fuse. A most cheerful and gratifying result will follow;" "The next issue of the Alarm will begin the publication of a series of articles concerning revolutionary warfare, viz: `The manufcture of Dynamite made easy'. `Manufacturing bombs.' `How to use dynamite properly &c." "All governments are domineering powers &c x x x. Assassination will remove the evil from the face of the earth. x x x Assassination properly applied is wise, just, humane and brave. For freedom, all things are just;" "Though everybody nowadays speaks of dynamite x x x x few have any knowledge of the general character and nature of this explosive. For those, who will sooner or later be foced to employ its destructive qualities in defense of their rights as men and froms a sense of presrvation, a few hints may not be out of place.

Dynamite may be handled with perfect safety, if proper care is used &c:" (then follow a series of minute directions).

[4-C]

During the months of December 1885, January, February and March 1886 the following notice appeared in the Arbeiter Zeitung:

" `Exercise in Arms.' Working men, who are willing to exercise in the handling of arms, should call every Sunday forenoon, at half past nine, at No 58 Clybourne Avenue, where they will receive instructions gratuitously."

In the Alarm from August 17, 1885 to April 24th 1886 appeared the following notice:

The armed section of the American group meets Monday night at 54 West Lake Street."

One Herr Most had prepared a treatise or book, entitled "Revolutionary Warfare," containing instructions, that entered into the minutest details, as to the best mode of preparing dynamite and other explosives and of making bombs and other weapons. From time to time in 1885 and 1886 the Alarm and the Arbeiter Zeitung published translations and extracts from this book, for the evident purpose of communicating the information in it to the members of the groups and to their other readers among the workingmen. Specimen extracts from this treatise are set out in the 'Statement,' which prefaces this opinion.

In the extract from the "Anarchist" will be found the following expressions: "All government we hate. x x x Complaints should be sent to G. Engel. x x Working men and fellows: x x x he, who would war successfully must equip himself with all implements adapted to destroy his opponents x x x, We strive towards the

[5-C]

overthrow of the existing order &C."

The defendant Schwab, in a speech delivered on April 26th 1886 about a week before the Haymarket meeting, said: "Every where police and murderers are employed to grind down working men. For every working man, who has died through the pistol of a deputy sheriff let ten of those executioners fall. Arm yourselves."

The defendant Spies, in a speech made in October 1885, said that "there were 9,000,000 of people, engaged in industrial trades in this country; there were but 1,000,000 of them as yet organized, while there were 2,000,000 of them unemployed; to make a movement, in which they were engaged, a successful one it must be a revolutionary one; don't let us x x x forget the most forcible argument of all - the gun and dynamite."

In speeches made by him, the defendant Parsons said in February 1885; "We need no President, no Congressmen, no police, no militia and no judges; they are all leeches sucking the blood of the poor, who have to support them by their labor; I say to you, rise, one and all, and let us exterminate then all. Woe to the police or the militia whom they send against us;" in April 1885 he said: "The only way to convince these capitalists and robbers is to use the gun and dynamite;" Again he said in April 1885: "If we would achieve our liberation from economic bondage and acquire our natural right to life and liberty, every man must lay by a part of his wages, buy a Coft's navy revolver a Winchester Rifle and learn how to

[6-C]

make and to use dynamite. Then raise the flag of rebellion, the scarlet banner of liberty, fraternity, equality and strike down to the earth every tyrant that lives upon this globe. Tyrants have no rights which we should respect. Until this is done, you will continue to be robbed, to be plundered, to be at the mercy of the privileged few; therefore agitate for the purpose of organization, organize for the purpose of rebellion, for wage-slaves have nothing to lose but their chains;" and in August 1885 referring to the street-car strike, he said; "If but one shot had been fired and Bonfield had happened to be shot, the whole city would have been deluged in blood and the social revolution would have been inauguarated."

The defendant Fielden, in speeches made by him, said in March 1885: "I want all to organize; every working man in Chicago ought to belong to our organization; it is of no use to go and beg of our masters to give us more wages or better times. When Isay `organize' I mean for you to use force; it is of no use for the working people to hope to gain anything by means of the ordinary weapons; every one of you must learn the use of dynamite, for that is the power with which we hope to gain our rights;" in October 1885 he said: "You must all organize and use force; you must crush out the present government, as by force is the only way, in which you better your present condition;" he said in January 1886: "It is quite true, that we have lots of explosives and dynamite in our possession and we will not hesitate to use it, when the proper time comes.

[7-C]

We care nothing either for the military or police, for these are in the pay of the capitalist;" again in March 1886 he said:

"We are told that we must attain our ends and aims by obeying law and order. Damn law and order: We have obeyed law and order long enough. The time has come for you, men, to strangle the law, or the law will strangle you."

The defendant Engle made a speech in German in February 1886 to a crowded hall of working men, of which one witness says:

"He advised everybody-- `every man wants to join them to save up three or our dollars to buy revolvers to shoot every policeman down;' he says he wants every working man whom he could get, to join them, and then advise every body you know-- you save up three or four dollars to buy a revolver that was good enough for shooting policemen down;" and again in the same month he made a speech to the northside workmen at Neff's Hall, 58 Clybourne Avenue where the northside group met, as already stated, in which he said "that those who could not arm themselves and could not buy revolvers should buy dynamite, that it was very cheap and easily handled; he gave a general description how bombs could be made, how gas-pipes could be filled; that a gas pipe was to be taken and a wooden block put into the end and it was to be filled with dynamite; then the other end is also closed up with a wooden block and old nails are tied around the pipe by means of wire; then a hole is bored into one end

[8-C]

of it and a fuse with a cap is put into that hole; that the nails should be tightened to the pipe, so that when it explodes there will be many pieces flying around; that gas-pipe could be found on the west side from the river, near the bridge."

The utterances by printed and spoken words, of which the quotations above made are specimens, were addressed to workingmen, of whom the defendant Spies says that they were "stupid and ignorant". While the members of the International groups were reading and hearing the appeals thus made to their prejudices, they were discussing their condition in weekly meetings and very many of then participating in weekly drills with arms.

The time, when the war against the police was to be inaugurated was not an indefinite period in the future. The evidence shors that the date fixed for the inauguration of the social revolution was the first of May 1886

Two years before May 1, 1886 the working people had "resolved that the eight hour system should be introduced in the United States at that date. The defendants in this case and the more radical members of the International groups had no faith in the eight hour movement. This abundantly appears from the testimony in the record. Gruenhut swears, that Spies did not consider the movement as amounting to anything, that he regarded it as "only a palliative measure, not radical enough." A want of confidence in it on the part of

[9-C]

of the defendant Spies is apparent from the language of some resolutions, introduced by him on October 11th 1885; at a meeting at the 12th street Turner Hall, one of which began in this wise:

"Resolved, that, while we are skeptical in regard to the benefits that will accrue to the wage-workers in the introduction of an eight-hour work day &c." At a speech made at the same meeting Fielden said: "The eighthour law will be of no benefit to the workingman." An article in the Alarm dated April 3rd 1886, in which the defendant parsons gives an account of a speech made by him to the American groups, shows that he only valued "the attempt to inaugurate the eight hour system, "because he thought it "would break down the capitalistic system and bring about such disorder and hardship, that the "social revolution" would become a necessity."

Engel said in the Anarchist: "We reject reformatory measures as useless play x x x. All endeavors of the working classes not aiming at the over throw of existing conditions of ownership x x are to us reactionary &c."

The first of May was fixed upon as the date for the inauguration of the "social revolution" because of the strikes and disturbances, which were then expected to grow out of the demand for the eight hour working day. It was anticipated, that many working men would then be out of employment and that their discontent and sufferings would drive them into an adoption of the revolutionary plans of the International groups.

[10-C]

The witness Johnson says, that, at the meetings of the armed section of the American group, "the first day of May was frequently mentioned as a good opportunity" for the revolution. In a speech in December 1885, at 12th street Turner Hall Fielden said:

The 1st of May will be our time to strike the blow, there are so many strikes and there will be 50000 men out of work.

Spies said that the conflict between the police and the "dynamiters" would probably occur, when there should be an universal strike for the eight hour law.

The International groups and other associations of workingmen were frequently urged to prepare to demand the eight hour law on the first of May 1886 with arms in their hands. They were told that such demand would be the more readily acceded to, if made by armed men.

In an article published in the Arbeiter Zeitung on the afternoon of Tuesday May 4th, 1886, only a few hours before the Hay market meeting occured, the defendant Spies said: Six months ago, when the eight hour movement began, there were speekers and journals of the I.A.A. who proclaimed and wrote: "Workmen, if you want to see the eight hour system introduced arm yourselves. If you do not do this you will be sent home with bloody heads and birds will sing May songs on your graves."

Looking into some of the statements made by the journals and speakers referred to we find the following:

[11-C]

The Arbeiter Zeitung said on January 22, 1886: "With empty hands the workingmen will hardly be able to cope with the representatives of the club, in case, after the first of May of this year, there should be a general strike, x x x x but if the working men are prepred to eventually stop the working of the factories, to defend himself with the aid of dynamite and bombs against the militia, which will of course be employed, then and only then can you expect a thorough success of the eight hour movement;" it is said on January 23, 1886: "Therefore comrades armed to the teeth we want to demand our rights on the 1st of May in the other case there are only blows of the club for you;" it is said on March 2, 1886, "Who wants to attack capitalism in earnest must overthrow the body guards of it, the well-drilled and well-armed "men of order," and kill then, if he does not want to be murdered himself. But for this is needed an armed and systematically drilled organization", and on the same page are these words: "The time up to the 1st of May is short. Look out."

The Alarm said on September-5th, 1885: "Now in regard to the proposed strike next spring, a few practical words to our comrades. x x x Will the manufacturing kings grant the modest request x x? No, sir, x x x The will then draw from the army of unemployed; the strikers will attempt to stop them. Then comes the police and the militia, x x Say, workingmen, are you prepared to meet the latter; are you armed?"

[12-C]

The defendant Spies on October 11, 1885 at the meeting at 12th Street Turner Hall, already referred to, introduced, in a speech made by him, the following resolution: "Whereas, A general move has been started among the organized wage-workers of this country for the establishment of an eight hour work day to begin May 1, 1886. And Whereas, It is to be expected that the class of professional idlers, the governing class, who pray upon the bones and marrow of the useful members of society, will resist this attempt by celling to their assistance the Pinkertons, the police and the State Militia. Resolved, that we urge upon all wage-workers the necessity of procuring arms before the inaugoration of their oposed eight hour strike in order to be in a position of meeting our foe his own argument force."

A little over two months after this resolution was introduced to wit: on December 29th, 1885, the northside group to which Schwab Linng and Neebe belonged, held a meeting at 58 Clybourne Avenue and adopted the following resolution: This assembly declares that the north side group, I.A.A. pledges itself to work with allmeans for the introduction of the eight hour day, beginning on the first of May 1886. At the same time the northside group cautions the working men not to meet the enemy unarmed on the 1st of May etc."

Besides the publication of extracts from Herr Host's book in the Alarm and Arbeiter Zeitung, the book itself was extensively circulated among the groups and other working men. The Arbeiter Zeitung inserted, without charge, on March 2, 15, 18 and 25, 1886

[13-C]

the following notice: 'Revolutionary Warfare' has arrived and is to be had through the librarian at 107 5th Avenue, at the price of ten cents." Hirschberger, the librarian here referred to, sold this book at picnics, where the defendants Fielden, Parsons, Spies, Schwab, Fischer and Neebe were present. It was distributed at meetings of working men. It was seen at such meetings in the 12th street Turner Hall, at Greif's Hall and at 106 Randolph Street, at all of which places Fielden and Parsons made speeches, and where the American group, to which they belonged, held meetings. The "books were sold there. The chairman had charge of the books."

One of the witness essays he saw copies of Herr Most's book at meetings of the northside group and that "the northside group bought and sold them."

[1-D]

The effort of the defendants to prepare for the disturbances expected to grow out of the eight hour movement on or about May 1st, 1886 were not confined to speeches or newspaper articles. Nor was the circulation of Herr Most's book on 'Revolutionary Warfare' the only step taken towards the instuction of the groups in the mode of preparing and using dynamite. The record discloses the adoption by the defendants of other and more practical measures in the work of preparation.

In the fall of 1885 the defendant Engle called on a gumsmith and enquired what a hundred or possibly two hundred large revolvers could be purchased for, stating that they were wanted for some society. He bought and paid for one of the pistols for the purpose of presenting it at a meeting of the society. After the Hay-market meeting a machine, which was intended to be used for the purpose of making bombs, was found by the police at Engles house. The proof shows that in the late spring or early summer of 1885, a part of this machine was made by a tinner on Milwaukee Avenue in pursuance of an order therefore given by Engle in person.

A witness engaged in the gun business, swears, that in February or March 1886 the defendant Parson called at his store and stated, that he wanted to buy 40 or 50 revolvers. Upon being shown the samples on hand, he declared that they were not what he desired, but that he wanted `old remodeled Remington revolvers'. The witness wrote for quoations as to the prices and gave them to Parsons upon his calling afterwards. He came in again once or twice but did not finally make the purchase.

[2-D]

The testimony shows, that in the summer of 1885 the defendants Fielder and Parsons particited in the drilling exercises, at 54 West Lake Street, of the armed section of the American group, to which they both belonged, and of which Fielden was the secratary and treasurer. A drill occured at that place on August 24th 1885. Fielden and Parsons were present and took part. Suspected persons were ejected, the door a were closed, and the company was drilled for a half or three quarters of an hour by a German drill master, going through the regular manual drill, marching counter-marching, turning, forming fours, wheeling &c. It was on that occasion that the ten members of the first company of the Lehr and Wehr Verein armed with Springfield rifles, were introduced and drilled before the members of the "armed section" of the American group. On that occasion also the "armed section" adopted the name of the "International Rifles" of which one Walter was elected captain and the defendant Parsons was elected lieutenant. The International Rifles there agreed, as here to fore stated, to act in concert with the Lehr and Wehr Verein and obey the orders of its officers in the event of a conflict with the authorities. At that meeting, the drill master exhibited two specimens of the latest improved dynamite bombs for the examination of those present. They were about the size and had the appearance of ordinary preserve fruit cans. The top part unscrewed and the inside of the cans was filled with a light brown mixture. There was also a small glass tube inserted in the center of the can. The tube was in connection with the screw, and it was explained where the can was

[3-D]

thrown against any hard substance it would explode. At a subsequent meeting at the same place on August 31st 1885 the defendants Fielden and Parsons were present and participated in another drill under Walters, which lasted an hour and a half. A consultation was had as to the best means of procuring arms. It was proposed that each member should pay so much a week, until enough should be raised to buy a rifle for each. The defendant Parsons proposed that a raid be made at night upon the armory of the militia.

It furthermore appears from the evidence, that the defendants Spies, Schwab Fielden, Parsons and Fischer were engaged in handling bombs and experimenting with dynamite. Samples of bombs were kept at the rooms of the Arbeiter Zeitung. Improved kinds of bombs were several times left there for the inspection of the defendant Spies. At one time two bombs, whose shells were of iron, and which were so made as to be exploded by percussion, were left with the defendant Spies at his office in the building No. 107 Fifth Avenue. At another time two bombs, known as the Czar bombs, were brought to Spies at the same office and left there with him.

The defendant Spies admits in his testimony that he purchased bars of dynamite and caps and fuse for the purpose of experimenting with them. On the morning after the Hay-market meeting there were found at the office aforesaid a coil of fuse two bars of dynamite and a box containing fulminating caps for the explosion of dynamite.

[4-D]

Three witnesses swear that they were at the office of the Arbeiter Zeitung in April 1885 on the evening of what is known as the Board of Trade demonstration and after the demonstration had ended; that Spies, Parsons, Fielden and Schwab were present; that a dynamite cartridge, a coil of fuse and a fulminating cap were taken by Spies from a drawer in a desk and handed to Parsons, by whom they were exhibited to the witnesses. On that occasion Parsons said, that they were preparing for a warfare against the police and militia with bombs and dynamite and rifles and revolvers; and Fielden, who was standing at the elbow of Parsons, said "that the next time the police attempted to interfere with them they would be prepared for them," "and perhaps in the course of a year or so."

In August 1885 Seliger was present at the office of the Arbeiter Zietung at a meeting of the general or central committee of the International Association. He was there as a delegate from the north side group. The committee met in the evening in the library room belonging to the International Workingmens Association. The defendant Spies was present. Seliger saw there two bombs one round one and one long one. They were below the counter, Rau the advertising agent of the Arbeiter Zietung, was exhibiting them, while the delegates were present.

On Thanksgiving day in November 1885 there was a meeting of workingmen on Market Square. On that day at Thalia Hall the defendant Fischer gave to Godfried Waller, a member of the

[5-D]

Lehr and Wehr Verein, a gas-pipe bomb, seven or eight inches long, saying that it was to be used on market square in case of an attack by the police. Waller kept the bomb in his house two weeks, and then gave it to a member of the Lehr and wehr Verein who exploded it in the woods in a hollow tree.

Spies and other members of the organization, to which he belonged, were in the habit of going out into the country in the summer and practicing with bombs. their practice was directed to the two-fold objects of learning how to throw the bombs and also of learning how to explode them. An instance is referred to in the evidence, where one of them was exploded in a grove and demolished some of the trees.

One of the witnesses testifies, that in January 1886 at the Arbeiter Zeitung office he had an interview with the defendant Spies, at which one of the Czar bombs here to fore referred to, was produced and shown by Spies, and afterwards carried away by the witness. On that occasion Spies stated, that bombs were sometimes distributed through the Arbeiter Zeitung office, and that the one then shown was one of the samples they kept there. He also then stated, that a fuse bomb with a detonating cap inside, such as was the Czar bomb, had been proven to be the best kind, and that shells made of compound metal were much better that shells made of all lead or all metal. He spoke of a body of tall strong men in their organization who could throw bombs, weighing five pounds, 150 paces.

He stated that the bombs in question were to be used in case

[6-D]

of conflict with the police or militia.

Coming back to the defendant Linng, we think it quite apparent from the testimony, that his efforts in the matter of constructing bombs, as heretofore narrated, were made under the auspices of the International Association and in furtherance of its objects and purposes. What he did was merely a part of that general preparation, which the other defendants and the groups already described, were making for the conflict expected to take place in the early part of May 1886.

That this is so will appear from several considerations.

First --- In March 1886 the Carpenters union had a ball at Florus Hall, NO 73 West Lake street. A profit was made on the beer sold at this ball, and it was there suggested, that the money representing that profit should be used to buy targets lead &c. for some shooting practices, that were expected to take place. The money, was however, turned over to the "armed section" of the Carpenters Union, that is to say, to those members of the Carpenters Union, who belonged to the armed section of the different International groups. Several of these members came together at a subsequent meeting and resolved to buy dynamite and practice with that, instead of shooting at targets. The last named meeting also took place at Florus' Hall, and Linng and Lehman who both belonged to the "armed section" of the North side group,were present. Lehman says: "It was unanimously resolved, that we were to buy dynamite with it and to experiment with it to find out how it was used, how it was handled. We were unanimous that some one should take the thing in hand,

[7-D]

and Linng was entrusted with it, and he took the money and bought dynamite with it."

It was just about this time, to wit: the middle of March 1886 when Linng first brought a bomb and dynamite to Seliger's house and began to melt and cast and make shells, as heretofore set forth

It thus appears, that about two months or six weeks before the Haymarket meeting the defendant Linng was selected by certain members of the armed sections of the International groups as their agent to buy dynamite with their money and experiment with it and learn how to use and handle it.

The reason why Linng was selected for this work, is quite manifest. Although he was only 21 or 22 years old at the time of the trial, and prior thereto, had lived in this country only about nine or ten months, he seems to have taken an active interest in the movements of the International Association. He had been a Socialist in Europe "ever since he could think". As already stated he belonged to the armed section of the north side group. He was not only a member of the Carpenter's Union, but its financial Secretary. He was seen at meetings on the Lake Front, where some of the defendants already named were making speeches. He was present at meetings of the Central Labor Union. He made a speech on April 4th, 1886 at 650 Blue Island Avenue at the second meeting of the Lumber Shovers' Union. He was seen at almost every meeting of the Carpenter's Union at Zepp's Hall from September 1885 to May 1886. At a meeting of that Union at Zepp's Hall on the night of May 3d, 1886

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he is said to have made a lengthy report as to the organization of the Carpenters at the different shops,and to have had the floor two or three times in the discussion of the eight hour movement. On the morning of May 3rd young men came to his room at Seliger's house and had their names entered from the list of the union. He was well known to Bach and Spies: the former had known him five or six months. He carried reports of anarchist meetings to the Arbeiter Zeitung and had gone to that paper for that purpose at least five times. He was present on the afternoon of May 3rd 1886, at the attack hereafter mentioned of a mob of strikers upon a manufacturing establishment in the south western part of the city, and must have heard the address of Spies of that occasion. He claimed after his arrest, to have been clubbed by the police at that disturbance.

Second. Thielen, Lehman, Seliger Herman or Henman Huebner,who were with Linng on Tuesday after-noon, while he was filling the bombs, and some of whom were assisting him in his work, were all prominent members of the "armed sections" of the International groups. Huebner was the Libraniarn of the North side group and had charge of the distribution of Herr Most's book. Seliger, with whom Linng had boarded for months and who was his main assistant in making the bombs, was member of the general committee, which stood at the head of all the groups,and as has already been stated had been present with Spies at a session of that committee when Ran was exhibiting to its members samples of round and long bombs, such as Linng himself afterwards made.

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Third, One of the Czar bombs, which was in the possession of Spies in January 1886, was produced upon the trial of this cause in the court below. It is similar in all respects to the bombs made by Linng and to the bomb which exploded at the Hay market. We find photographic views of it in the record. It consists of two semi-globular shells factened together by a metallic bolt, with a head at one end and a nut at the other. It has a fuse and detonating cap,the latter pinched to hold the fuse,just as appears in the photographic representations, to be found in the record, of the bombs made by Linng.

The nut taken from the body of Hahn, corresponded as exactly with the nut upon the Czar bomb as with the nuts upon the Linng bombs.

A chemical analysis was made of the material of the shell of the Czar Bomb, and such material was found to be of the same composite manufacture,as that which characterized the Linng bombs and the Haymarket bomb. "The Spies bomb" or "Czar bomb" as found like the others to consist also chiefly of lead with a small quantity of tin and traces of the same antimony, iron and Zinc. "This circumstance, taken in connection with the delaration of Spies, that members of the International groups had, by practice and experiment, demonstrated the superiorty of compound metal in the construction of bomb shells, points very strongly to the conclusion, that the Czar bomb, retained by Spies in his possession in January 1886, was used by Linng as a sample and was the same bomb, which Seliger saw at his house

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in Linngs hands more than six weeks before May 4th 1886.

Fourth. Another circumstance is worthy of mention in this connection. In a communication upon the subject of making bombs, published by Spies in the Alarm on June 27th 1885 he says; "When filling bombs - X- X--X tie a handkerchief over the mouth and nose, so that you may not inhale the dangerous gases. --X--X--X In filling bombs use a little wooden stick &c".

It has already been stated, that when Linng and Huebuer were filling bombs on the afternoon of Tuesday May 4th 1886, each of them had a cloth tied around his face, and Seliger and Linng used a flat piece of wood, made by Linng for the purpose of putting dynamite into the shells. Thus the instructions given Spies in the Alarm were literally complied with by the bomb makers on May 4th 1886.

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WE THINK THE JURY WERE WARRANTED IN BELIEVING FROM THE EVIDENCE, THAT THE HOME, WHICH EXPLODED AT THE HAYMARKET, WAS MADE BY THE DEFENDANT LINGG IN FURTHERANCE OF THE CONSPIRACY ALREADY DESCRIBED.

THE QUESTION, WHICH NEXT SUGGESTS ITSELF, IS WHETHER THE BOMB, SO MADE, WAS THROWN AT THE HAYMARKET BY A MEMBER OF SAID CONSPIRACY, OR BY SOME ONE ACTING UNDER ITS DIRECTION AND IN PURSUANCE OF ITS DESIGNS.

IN ORDER TO SOLVE THIS QUESTION, IT WILL BE NECESSARY TO MAKE A PRELIMINARY INVESTIGATION AS TO THE DISPOSITION, WHICH LINGGAND HIS ASSISTANTS MADE OF THE BOMBS, CONSTRUCTED BY THEM, AFTER THEY WERE PREPARED FOR USE.

THE BOMBS, MADE AND FILLED ON TUESDAY AFTERNOON AND EVENING, WERE CARRIED BY LINNG AND SELIGER ON THAT EVENING FROM SELIGER'S HOUSE OVER TO NO. 58 CLYBOURNE AVENUE, KNOWN AS NEFF'S HALL. THE TRUNK OR SATCHEL IN WHICH THEY HAD BEEN PLACED, WAS CARRIED A PART OF THE WAY BY LINNG AND SELIGER BY MEANS OF A STICK DRAWN THROUGH THE HANDLE. THEY WERE MET ON THE WAY, HOWEVER BY MUENZENBERGER WHO HAS BEEN HERETOFORE SPOKEN OF, AND HE SEEMS TO HAVE THEN TAKEN THE TRUNK AND CARRIED IT THE REST REST OF THE WAY ON HIS SHOULDER. IT WAS ABOUT TEN MINUTES' WALK FROM 442 SEDGWICK STREET TO NEFF'S HALL. NEFF SAYS, THAT THEY REACHED HIS SALOON AT TEN OF FIFTEEN MINUTES AFTER EIGHT, BUT SELIGER STATES THAT THEY STARTED FROM HIS HOUSE WITH THE BOMBS AT HALF PAST EIGHT.

AT NO. 58 CLYBOURNE AVENUE THE FRONT ROOM ON THE FIRST

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FLOOR IS A SALOON. BACK OF THE SALOON IS A HALL OR ASSEMBLY ROOM BETWEEN THE SALOON AND HALL IS A PASSAGE WAY, WHICH CAN BE ENTERED BY DOORS LEADING FROM THE SALOON AND HALL, AND ALSO BY A DOOR OPENING UPON A WALK THAT LEADS ALONG THE SIDE OF THE BUILDING INTO THE STREET. ON THIS EVENING A MEETING OF PAINTERS WAS IN SESSION IN THE HALL. LINNG, SELIGER AND MUEZENBERGER FIRST WENT INTO THE SALOON, AND LINNG INQUIRED OF NEFF IF ANY ONE HAD BEEN THERE AND ASKED FOR HIM, TO WHICH HE RECEIVED A NEGATIVE REPLY. LINNG AND SELIGER, ACCOMPANIED BY MUENZENBERGER WITH THE SATCHEL OR TRUNK, THEN WENT FROM THE SALOON INTO THE PASSAGE-WAY ABOVE REFERRED TO. THE TRUNK WAS PLACED UPON THE FLOOR IN THIS PASSAGE-WAY OR HALL-WAY AND OPENED. SELIGER SAYS; "SEVERAL PERSONS CAME AND TOOK BOMBS. THERE WERE DIFFERENT ONES THERE, WHO TOOK BOMBS OUT FOR THEMSELVES." HE SAW THREE OR FOUR TAKE THEN. HE HIMSELF TOOK TWO AND CARRIED THEM IN HIS POCKET, UNTIL AFTER THE EXPLOSION THAT NIGHT, WHEN HE BURIED THEM UNDER THE SIDEWALK ON SIGEL STREET, WHERE THEY WERE AFTERWARDS FOUND, AS SHOWN BY THE TESTIMONY OF SEVERAL WITNESSES.

LINNG AND SELIGER THEN WENT OUT OF THE BUILDING, NO. 58 CLYBOURNE AVENUE, LEAVING THE OPEN SATCHEL WITH THE BOMBS IN IT IN THE PASSAGE-WAY, WHERE IT HAS BEEN DEPOSITED.

MUENZENBERGER ALSO DISAPPEARED. THE LATTER SEEMED TO BE A STRANGER; NEFF, THE KEEPER OF THE SALOON, NEVER SAW HIM, UNTIL HE BROUGHT THE SATCHAL THERE THAT NIGHT; LEHMANN DID NOT KNOW HIM, AS HAS ALREADY BEEN STATED; ALTHOUGH HE WAS AT SELIGER'S HOUSE THAT AFTERNOON FROM 4 TO 6 O'CLOCK WORKING AT BOMBS. SELIGER DID NOT KNOW HIS NAME AND DID NOT LEARN IT UNTIL SOME TIME AFTERWARDS.

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THIS CIRCUMSTANCE MATURALLY CALLS TO MIND THE INSTRUCTIONS IN REGARD TO REVOLUTIONARY ACTIONS, PUBLISHED IN THE ARBEITER ZEITUNG ON MARCH 16TH. 1885, AND SET FORTH IN THE `STATEMENT' HERETO PREFIXED, ONE SENTENCE OF WHICH IS AS FOLLOWS: "IN THE COMMISSION OF A DEED A COMRADE, WHO DOES NOT LIVE AT THE PLACE OF ACTION, THAT IS, A COMRADE OF SOME OTHER PLACE, OUGHT, IF POSSIBILITY ADMITS, TO PARTICIPATE IN THE ACTION, OR FORMULATED DIFFERENTLY, A REVOLUTIONARY DEED OUGHT TO BE ENACTED WHERE ONE IS NOT KNOWN".

IN THIS NARRATION IN REGARD TO THE DISPOSITION OF THE BOMBS TWO FACTS ARE NOTICEABLE. FIRST, THEY WERE CARRIED TO AND LEFT AT 58 CLYBOURNE AVENUE. WHY? NEFF'S HALL WAS KNOWN AS THE "SHANTY OF THE COMMUNISTS". THERE THE COMMUNISTS AND ANARCHISTS AND ALL THE VARIOUS SHADES OF THE SOCIALISTIC ORGANIZATION WERE IN THE HABIT OF MEETING. SOME STATEMENTS ALREADY MADE IN REGARD TO THIS PLACE MAY BE HERE BRIEFLY RECAPITULATED: IT WAS THE PLACE WHERE THE MEMBERS OF THE NORTHSIDE GROUP MET EVERY MONDAY EVENING AND ADVISED TOGETHER AND REVIEWED WHAT HAD HAPPENED AMONG THE WORKINGMEN DURING THE WEEK, AND DRILLED WITH HUNTING GUNS AND SHOTGUNS, AND, SOME OF THEM, ON SUNDAYS, WITH RIFLES, IT WAS THE PLACE, WHERE THE ARBEITER ZEITUNG REQUESTED WORKINGMEN, WILLING TO EXERCISE IN THE HANDLING OF ARMS, TO CALL EVERY SUNDAY FOR THE PURPOSE OF RECEIVING INSTRUCTIONS GRATUITOUSLY. IT WAS THE PLACE WHERE THE NORTHSIDE GROUP HAD ADOPTED A RESOLUTION CAUTIONING THE WORKINGMEN "NOT TO MEET THE ENEMY UNARMED ON MAY 1ST." &ETC. THE MANNER IN WHICH THE BOMBS WERE LEFT AT THIS PARTICULAR PLACE AND THERE EXPOSED TO VIEW, CONSIDERED IN CONNECTION WITH ALL THE

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other circumstances heretofore and hereafter mentioned, points strongly to the conclusion, that they were intended for the use, on that evening, of the members of the conspiracy, whose principles and purposes have already been out-lined.

Second, the fact, that as soon as the trunk was opened and deposited in the hall-way, men came forward and took bombs therefrom, indicates and expectation, that bombs would be found at that place at that time.

The prompt appearance of these men at 58 Clybourne Avenue as soon as Linng arrived there and their immediate appropriation of the bombs placed before them, are circumstances which tend to establish the existence of some more specific plan for the use of the bombs than that which has heretofore been pointed out. To ascertain what this specific plan was will require an examination of the events immediately preceding the explosion of the bomb at the Haymarket. Up to the last days of April 1886 the conspriacy, in which the defendants were engaged, was general in its character. Its object was the destruction of the police and militia of Chicago. The forces to be used in the accomplishment of this object were the International groups and such of the workingmen as could be induced to join those groups. The time, when the conflict between the workingmen and the police was to be precipitated, was about the first of May and in the midst of the excitement, which should prevail during the efforts of the laborers to shorten their hours of work.

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THE PREPARATIONS FOR THE EXPECTED CONFLICT BECAME MORE DEFINITE, AS THE EIGHT HOUR MOVEMENT APPROACHED ITS CULMINATION. INSIDE OF THE GENERAL CONSPIRACY ALREADY DESCRIBED AND GROWING NATURALLY OUT OF IT, A MORE DETAILED PLAN FOR SECURING THE ENDS SOUGHT TO BE ATTAINED WAS ORIGINATED, ADOPTED AND PARTIALLY EXECUTED.

EARLY IN THE EVENING OF MAY 3RD. 1886, XX COMMANDER OF THE LEHR AND WEHR VEREIN RENTED THE BASEMENT OF THE BUILDING, KNOWN AS NO. 54 WEST LAKE STREET AND ALSO CALLED GREIF'S HALL, FOR THE PURPOSE OF HOLDING THERE ON THAT EVENING A MEETING OF THE "ARMED SECTIONS" OF THE INTERNATIONAL GROUPS.

THE MEETING WAS HELD IN PURSUANCE OF THE ARRANGEMENT SO MADE. IT WAS SECRET. A GUARD WAS PLACED IN FRONT OF THE BUILDING AND ANOTHER WAS ALSO STATIONED IN THE REAR TO PREVENT ANY ENTRANCE INTO THE BASEMENT BY OUTSIDERS.

SOME SEVENTY OR EIGHTY MEMBERS OF THE "ARMED SECTIONS" FROM THE NORTH, SOUTH AND WEST DIVISIONS OF THE CITY WERE PRESENT. THE SESSION LASTED FROM EIGHT O'CLOCK TO ELEVEN O'CLOCK. THE MEMBERS PRESENT AT THIS GATHERING DISCUSSED AND ADOPTED THE PLAN HEREAFTER SET FORTH.

ON THE DAY BEFORE, THAT IS TO SAY, ON THE MORNING OF SUNDAY MAY 2ND. 1886 AT TEN O'CLOCK, THE MEMBERS OF THE SECOND COMPANY OF THE LEHR AND WEHR VEREIN AND OF THE NORTHWEST SIDE GROUP HAD MET AT BOHEMIAN HALL ON EMMA STREET IN THE NORTHWESTERN PART OF THE CITY. ON THAT OCCASION THE DEFENDANTS ENGEL AND FISCHER WERE BOTH PRESENT. ENGEL HAD THERE SUBMITTED TO THIS EMMA STREET METTING "A PLAN OF HIS OWN CONCEPTION, ACCORDING TO WHICH,

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WHENEVER IT WOULD COME TO A CONFLICT BETWEEN THE POLICE AND THE NORTHWESTERN GROUPS, THAT BOMBS SHOULD BE THROWN INTO THE POLICE STATIONS, AND THE RIFLE MEN OF THE LEHR AND WEHR VEREIN SHOULD POST THEMSELVES IN LINE IN A CERTAIN DISTANCE AND WHOEVER WOULD COME OUT SHOULD BE SHOT DOWN, ALL THOSE THAT WOULD COME OUT OF THE STATION OR STATIONS, HE SAID; THEN IT SHOULD PROCEED IN THAT WAY UNTIL WE WOULD COME TO THE HEART OF THE CITY. WITHIN THE HEART OF THE CITY, OF COURSE THE FIGHT SHOULD COMMENCE IN EARNEST. IT WAS ALSO ARRANGED, THAT THE MEMBERS OF THE NORTHWEST SIDE GROUPS SHOULD "MUTUALLY ASSIST THEMSELVES TO MAKE AN ATTACK UPON THE POLICE," AND "IF ANY ONE HAD ANY THING WITH HIM HE SHOULD USE IT."

THIS PLAN OF ENGEL HAD BEEN SUBMITTED BY HIM TO THE EMMA STREET GATHERING IN THE FORM OF A RESOLUTION AND HAD BEEN ADOPTED.

ON THE NEXT EVENING, THAT IS TO SAY, ON THE EVENING OF MONDAY MAY 3RD. 1886, ENGEL AND FISCHER WERE ALSO PRESENT AT THE MEETING IN THE BASEMENT OF GRIEF'S HALL AND ACTIVELY PARTICIPATED IN THE PROCEEDINGS THERE TAKEN. AMONG THOSE ASSEMBLED AT THIS MEETING THERE HAD BEEN DISTRIBUTED A CERTAIN CIRCULAR, WRITTEN THAT AFTERNOON BY THE DEFENDANT SPIES, KNOWN AS THE "REVENGE CIRCULAR" THIS CIRCULAR WILL BE HEREAFTER MORE PARTICULARLY REFERRED TO. IT ALLEGED THAT SIX WORKINGMEN HAD BEEN KILLED BY THE POLICE ON THAT VERY AFTERNOON AT A DISTURBANCE IN THE SOUTHWESTERN PART OF THE CITY, AND CALLED UPON THE WORKMEN TO ARM THEMSELVES AND "AVENGE THE ATROCIOUS MURDER, WHICH HAS BEEN COMMITTED UPON YOUR BROTHERS TODAY AND WHICH WILL LIKELY BE COMMITTED UPON YOU TOMMORROW".

THE CONTENTS OF THE CIRCULAR WERE DISCUSSED AND SUGGESTIONS

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were made as to what should be done within the next few days. The defendant Engel then presented to the representatives of all the groups the plan, which had been accepted, at his suggestion, on the day before, by the north west side group alone. There was some opposition to it. One member "thought that there was too few of us and it would be no better if we would place ourselves among the people and fight right in the midst of them. There was some opposition to that to be in the midst of the crowd, as we could not know, who would be our nearest neighbor of the crowd; there might be a detective right near us or some one else." The plan of Engel was, however, finally adopted.

The several features of the plan adopted on Monday evening deserve special consideration, in view of the occurrences at the Haymarket on the succeeding evening.

First, as to the attacks upon the police and the police stations. It was Engel's suggestion, that the members of the armed sections should come to the assistance of the workingmen, whenever a collision between them and the police should grow out of the eight-hour strike then in progress; that a bomb should be thrown into each police station in the city, beginning with that on North Avenue in the north division, and, the policemen as they rushed out of the station on account of the explosion of the bomb so thrown should be shot down by the rifle-men of the Lehr and Wehr Verein, stationed in line for that purpose; that the police would thus be prevented from coming from their respective stations to the scene of conflict, when they should be summoned by the authorities to do so; that the different "International" bodies,

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AFTER STORMING THE STATIONS AND SHOOTING DOWN THE POLICE, SHOULD MARCH INWARDS TOWARDS THE CENTER OF THE CITY, DESTROYING WHATEVER SHOULD OPPOSE THEM; THAT THE TELEGRAPH WIRES, AND THE HOSE OF THE FIREMEN SHOULD BE CUT; THAT THE RANKS OF THE INTERNATIONALS WOULD GAIN LARGE ACCESSIONS FROM THE WORKINGMEN, AS SOON AS THESE ATTACKS UPON THE POLICE SHOULD BE BEGUN.

SECOND, AS TO THE SIGNAL FOR THE INAUGURATION OF THE ATTACKS UPON THE POLICE. THE DEFENDANT FISCHER SUGGESTED THE GERMAN WORD "RUHE", THE SIGNIFICATION OF WHICH, IN ENGLISH, IS "REST" OR "PEACE", AS A SIGNAL WORD TO BE ADOPTED BY THE MEETING. HIS PROPOSITION WAS AGREED TO. BY THE TERMS OF IT, WHENEVER THE WORD "RUHE" SHOULD APPEAR IN THE LETTER-BOX COLUMN OF THE ABBEITER ZEITUNG, IT WAS TO BE UNDERSTOOD, THAT THE "SOCIAL REVOLUTION" HAD BEGUN; THE PUBLICATION OF THAT WORD IN THE PAPER NAMED WAS TO BE A SIGNAL TO THE MEMBERS OF THE "ARMED SECTIONS" OF THE VARIOUS GROUPS, THAT THEY WERE TO ARM THEMSELVES AND REPAIR TO CERTAIN SPECIFIED MEETING PLACES, AND, WHEN THEY SHOULD THERE BE INFORMED BY REPORT FROM A COMMITTEE HEREINAFTER NAMED, THAT A COLLISION OR CONFLICT HAD TAKEN PLACE BETWEEN THE POLICE AND THE WORKINGMEN, THEY WERE THEN TO PROCEED TO ATTACK THE STATIONS AND THE POLICEMEN THEREIN WITH BOMBS AND RIFLES, AS ALREADY STATED.

[1-F]

Third, as to the Haymarket meeting. The third feature of the meeting of the armed sections on Monday night was the arrangement made for a mass metting on Tuesday evening at the Haymarket Square. The Chairman, who presided on Monday night, suggested the holding of the mass meeting on the next morning, that is to say, Tuesday monring at ten o'clock, in the Market Square in the South division of the city. The defendant Fischer, however, objected to both the time and place designated by the Chairman. He advocated the holding of the mass meeting on Tuesday evening rather than Tuesday morning and at the Haymarket Square instead of the Market Square. His proposition was adopted by the members of the armed sections, and it was then and there agreed that the Tuesday evening meeting should be announced through a hand-bill. The defendant Fischer was commissioned to have this hand-bill printed and for that purpose, left the Monday night meeting while it was in session. He returned in about half an hour and reported that the printing office was closed. He, however, had the hand-bill printed the next day, as will be seen hereafter. Leaving for the present, the discussion of the provisions made on Monday night for the gathering at the Haymarket, it will be necessary to notice

Fourth, the appointment by the armed sections of a committee. As a part of the plan adopted on Monday night, a committee consisting of one or two from each group, was appointed, the business of which was to be present at the Hayarket and To "observe the movement not only on the Haymarket Square but in the different parts of the city, and if a conflict should happen," to report to

[2-F]

the members of the armed sections at their various meeting places, as above indicated. The committee was also entrusted with the task of publishing the word "Ruhe" in the Arbeiter Zeitung, when, in their judgement, the occasion for doing so should arise. As we understand the evidence, this same committee was to have the general control of the Haymarket meeting.

Fifth, a resolution was passed, that the details of the plan, adopted by those present on Monday night, should be communicated to absent members, who could be relied upon.

Rudolph Schnaubelt, who, a part of the evidence tends to identify as the thrower of the bomb on Tuesday night, suggested that the plan adopted should also be communicated to comrades living in other cities, so that the revolution should commence in other places as well as in Chicago. This suggestion, however, does not seem to have been acted upon by the Monday night meeting.

Returning now to a consideration of the appointment of the Haymarket meeting, considered as a part of the Monday night plan we think the jury were warranted in believing, from the evidence, that that meeting was not intended by those, who made the arrangements for holding it, to be a peaceable assemblage.

First the resolution, which provided for calling it was adopted be a secret gathering of the armed sections of the International groups. The record reveals many circumstances tending to show that a conflict was to be precipitated between the police and the twenty-five thousand workingmen who were expected to be present at the Haymarket. As one of the witnesses expresses it, it was

[3-F]

to be held "to cheer up the workingmen so that they should be prepared if a conflict should happen."

Second, The defendant Fischer, in the discussion on Monday night, assigned as a reason why the proposed mass meeting should not be held at Market Square, that the latter place was a "mouse-trap." This remark, under all the circumstances of the case, could have had no other meaning than that the conflict, which was expected to occur, might be too easily quelled by the authorities if it took place at Market Square. If the assemblage was to be entirely peaceable and lawful in its character, it could make no difference whether the place of its meeting was a "mouse-trap" or not. That the spot selected was not a mouse-trap will appear from an examination of the locality and its surroundings as they are shown upon the following plat or diagram:

The Haymarket is a widening of Randolh Street, which runs east and west. It begins on the east at Des Plaines Street and terminates on the west at Halsted Street, the latter streets running north and south and crossing Randolph street at right angles.

The speakers were not on the Haymarket itself but on Des Plaines Street, at a point a little more than a hundred feet north of the

[4-F]

eastern end of the Haymarket. They made their speeches from a truck wagon, which stood on the east side of Des Plaines Street next to the sidewalk and at a point about five or six feet north of the western end of Crane's alley, the pole end of the wagon looking to the north and the rear end to the south. Crane's alley begins on Des Plaines street at a point 90 feet north of Randolph street and runs east a short distance and there turns south into Randolph street. Lake street is the next street north of and parallel with Randolph street; and between it and Crane's alley is still another alley, running east from Des Plaines street to Jefferson street and tapped at a point half way between the latter streets by an opening extending north to Lake street. Between the Haymarket on the south and Lake Street on the north, a small street, called Eagle street runs westward from Des Plaines street to Halsted street crossing Union street, which runs north and south between the two streets last named.

Between Crane's alley and the alley north of and parallel with it is the Manufacturing establishment of Crane Bros., a large building closed and unlighted at night and in the shadow of which stood the wagon of the speakers. Some boxes had been placed on the edge of the east sidewalk of Des Plaines street a few feet south of the alley, furnishing a protection from the observation of those in the middle of the street.

On Lake street just north of the wagon were many gathering places of the workingmen, such as Greif's Hall, Zeff's Hall and Florus Hall. There were also several such places to the south

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on Randolph street. On Tuesday night, the halls and saloons in the neighborhood were crowded with workmen, who were out of employment by reason of the strikes and other disturbances, incident to the eight-hour movement, and whose feelings at this time, were hostile to the police by reason of the efforts made by the latter to stop the attacks of "strikers" upon non-union laborers.

It will thus be seen, that all the surroundings of the wagon, in the way of streets, alleys, halls, buildings, sympathetic crowds etc. furnished easy means of approach, escape and concealment. As a more strategical point, no better position could have been selected for the occurrences, which actually took place on Tuesday night, than the spot, where the speakers' wagon was located.

Third, the language of the Hand-bill, calling the Haymarket meeting, which was issued in pursuance of instructions from the armed sections assembled in Greif's building on Monday night, shows that the meeting was not intended to be altogether peaceable. On Tuesday monring at quarter past seven o'clock, Fischer went to a printing office at the corner of Randolph and Market streets, and procured the hand-bill in question to be printed. It is as follows:

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The testimony is abundant, that many copies of this hand-bill, containing the words: "Workingmen, Arm yourselves and appear in full force" were printed in German and English and distributed among the workingmen throughout the city on Tuesday, May 4th, 1886. Why urge men to come armed to an assemblage, if the assemblage is to be peaceable, especially where such arming is in violation of the law of the state?

It is true, that at a later hour in the day on Tuesday, a number of hand-bills were distributed, which were exactly the same as the above, with the exception that the words, "Arm yourselves and appear in full force" were omitted. But the evidence shows, that the objectionable words were only left out of the second set of hand-bills through fear that they might deter some of the workmen from attending the meeting.

All the hand-bills, however, both those with and those without the objectionable words, declared the object of the meeting to be, not to discuss the eight-hour movement, but to "denounce the latest atrocious act of the police, the shooting of our fellow-workmen yesterday afternoon." What was the act of the police on Monday afternoon for which they were to be denounced?

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A manufacturing company in the southwestern part of the city had employed certain laborers, belonging to organizations styled "Unions" and hence called "Union laborers"? These "Union" workmen had inaugurated a strike and quit work. The company employed in their places, other workmen, not connected with the "Unions" and called "Non-union" workmen. The striking "Union" laborers and certain "lumber shovers" had made a most violent attack not only upon the non-union laborers, but upon the buildings and property of the company. The police had been an summoned to quell the riot, and, as the result of their efforts to do so, one person and not six, had died from the effect of wounds received on that occasion.

The city authorities did their duty, when they ordered the police to stop this unjustifiable attack of the union workmen, reinforced by striking lumber-shovers upon men, who were pursuing their lawful business. It follows, that the Haymarket meeting was called for the purpose of denouncing the officers of the law, because they had done their duty.

Fourth, the testimony of Waller and Seliger shows, that some trouble, not clearly defined in the language of unlearned witnesses speaking through an interpreter, was expected to take place at the Haymarket meeting. The discussions at the Monday night meeting indicated such an expectation. What other construction can be placed upon such language as this, used at that meeting? "It would be no better if we would place ourselves among the people and fight right in the midst of them we could not know who would

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be our nearest neighbor of the crowd; there might be a detective right near us etc.

One of the witnesses says, that "it was planned to attack the police stations to prevent the police from coming to aid, if there should be a fight in the city", and that those present Monday night expected there would be a fight. That this fight was expected to take place at or near the Haymarket would appear from the fact, that, as soon as the stations were blown up, the armed men and the workmen joining them should march "to the heart of the city", where the fight would commence in earnest. The Haymarket was in the heart of the city. Linng stated to Seliger on Tuesday night "That there should be made a disturbance everywhere on the north side to prevent the police from going over on the west side." If the place, to which the police were to be kept from going by the attacks upon the stations, was in the heart of the city and on the west side, it could not have been very far from the Haymarket Square.

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FIFTH, THE SAME COMMITTE WHICH HAD CHARGE OF THE HAYMARKET MEETING AND HAD THE POWER TO CALL TOGETHER THE ARMED MEN AT THEIR MEETING-PLACES BY THE INSERTION OF THE WORD "RUHE" IN THE ARBEITER ZEITUNG WAS ALSO INSTRUCTED TO ATTEND AT THE HAYMARKET AND FROM THERE CARRY EARLY REPORTS TO THESE MEETING PLACES. THE THING THEY WERE TO REPORT TO THE ARMED MEN WAS A CONFLICT WITH THE POLICE. AS THEY WERE TO ATTEND AT THE HAYMARKET AND REPORT FROM THERE, A CONFLICT MUST HAVE BEEN EXPECTED THERE.

THAT THE PLAN ADOPTED ON MONDAY NIGHT WITH ITS PROVISIONS FOR BOMB-THROWING, SHOOTING, MEETING-PLACES, SIGNAL, COMMITTEE, MASS-MEETING, COMMUNICATION WITH ABSENT MEMBERS &C WAS AN UNLAWFUL CONSPIRACY, THERE CAN BE NO DOUBT.

THE QUESTION NOW ARISES WHETHER THE MURDER OF DEGAN WAS COMMITTED IN PURSUANCE OF THIS CONSPIRACY AND AS ONE OF THE OBJECTS. TO BE ATTAINED BY IT, AND WHETHER THE MURDER OCCURRED WHILE THE PARTIES TO THE CONSPIRACY WERE ENGAGED IN SUCH PROSECUTION OF IT THAT DEGAN'S DEATH IS TO BE CONSIDERED THE NATURAL AND NECESSARY OUTCOME AND CONSEQUENCE OF THAT PROSECUTION. IN OTHER WORDS, WERE THE OCCURENCES OF TUESDAY NIGHT THE RESULT OF THE CONSPIRACY OF MONDAY NIGHT? WAS THAT WHICH WAS DONE ON TUESDAY NIGHT DONE FOR THE PURPOSE OF CARRYING OUT THE PLAN OF MONDAY NIGHT?

FIRST, THE MAIN FEATURE OF THE MONDAY NIGHT PLAN WAS THE PROVISION FOR THROWING A BOMB INTO EACH POLICE STATION AND THEN SHOOTING DOWN THE POLICEMEN, AS THEY SHOULD COME OUT. THIS PROVISION HAD TWO PARTS; FIRST, A BOMB WAS TO BE THROWN, CREATING DESTRUCTION AND CONFUSION; SECOND, IN THE MIDST OF THE CONFUSION FOLLOWING UPON THE EXPLOSION OF THE BOMB, THE MEMBERS OF THE ARMED SECTIONS AND THE

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RIFLEMEN OF THE LEHR UND WEHR VEREIN WERE TO FIRE INTO THE POLICEMEN AND DESTROY THEM BEFORE THEY COULD RECOVER FROM THEIR SURPRISE. DID THIS FEATURE CORRESPOND WITH EITHER OR ANY OF THE EVENTS OF TUESDAY NIGHT? IN ORDER TO DETERMINE WHETHER IT DID OR NOT, IT IS NECESSARY TO NOTICE SOME OF THE OCCURRENCES, WHICH TOOK PLACE AT THE HAYMARKET MEETING.

THE CROWD IN ATTENDANCE THERE WAS IN THE MIDDLE OF DESPLAINES STREET, AND ON THE DES PLAINES STREET SIDEWALKS TO THE SOUTH OF THE WAGON, AND EXTENDED AROUND INTO THE HAYMARKET TO THE WEST, AND UP INTO LAKE STREET TO THE NORTH. THOSE APPEARING TO BE MOST IN SYMPATHY WITH THE SPEAKERS WERE NEAR THE MOUTH OF CRANE'S ALLEY AND ON AND AROUND THE WAGON.

THE STATION WHERE THE POLICEMEN HAD BEEN HOLDING THEMSELVES IN READINESS DURING THE MEETING, WAS LOCATED ON THE WEST SIDE OF DES PLAINES STREET, 75 FEET SOUTH OF THE HAYMARKET AND SOME 300 FEET OR MORE SOUTH OF THE WAGON AND BETWEEN RANDOLPH STREET ON THE NORTH AND WASHINGTON STREET ON THE SOUTH, THE LATTER BEING THE NEXT STREET SOUTH OF AND PARALLEL WITH RANDOLPH STREET. SOME ELECTRIC LIGHTS IN FRONT OF A THEATRE ON DESPLAINES STREET, SOUTH OF THE STATION AND IN THE NEIGHBORHOOD OF WASHINGTON STREET, SERVED TO LIGHT UP AT LEAST THAT PORTION OF DES PLAINES STREET SOUTH OF THE HAYMARKET.

THE POLICE FORMED IN LINE ON WALDO PLACE, A SMALL STREET RUNNING WEST FROM DESPLAINES STREET AND ON THE SOUTH SIDE OF THE STATION HOUSE. THEY MARCHED IN REGULAR ORDER-WITH THEIR HANDS DOWN, CLUBS IN THEIR BELTS AND PISTOLS IN THEIR POCKETS- NORTHWARD UPON DES PLAINES STREET, ACROSS THE EASTERN END OF THE HAYMARKET, UNTIL THEY CAME "ABOUT TO THE MOUTH OF CRANE BROS' ALLEY". HERE THEY

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HALTED, THEIR FRONT LINE BEING ONLY A FEW FEET SOUTH OF THE SOUTH END OF THE WAGON. ONE OF THE OFFICERS IN COMMAND THEN GAVE AN ORDER TO DISPERSE, AS HAS ALREADY BEEN STATED.

THE LANGUAGE IN WHICH THE ORDER WAS UTTERED, IS AS FOLLOWS "I COMMAND YOU, IN THE NAME OF THE PEOPLE OF THE STATE OF ILLINOIS, TO IMMEDIATELY AND PEACEABLY DISPERSE". THESE WORDS ARE THE SAME AS THOSE, USED IN SECTION 253 OF DIVISION 1 OF THE CRIMINAL CODE OF THIS STATE, WHICH PROVIDES THAT "WHEN TWELVE OR MORE PERSONS, ANY OF THEM ARMED WITH CLUBS OR DANGEROUS WEAPONS, OR THIRTY OR MORE, ARMED OR UNARMED, ARE UNLAWFULLY, RIOTOUSLY OR TUMULTUOUSLY ASSEMBLED IN ANY CITY XXXX IT SHALL BE THE DUTY OF EACH OF THE MUNICIPAL OFFICERS XXXX TO GO AMONG THE PERSONS SO ASSEMBLED XXX AND IN THE NAME OF THE STATE COMMAND THEM IMMEDIATELY TO DISPERSE".

IF THE POLICE OFFICERS HAD IMPROPERLY INTRUDED UPON THE MEETING IN QUESTION, SUCH INTRUSION WOULD HAVE FURNISHED NO JUSTIFICATION FOR THE ATTACK HEREINAFTER MENTIONED. PERSONS INJURIOUSLY AFFECTED BY SUCH IMPROPER INTRUSION OR ILLEGAL DISPERSION HAD THEIR REMEDIES AT LAW FOR DAMAGES SUSTAINED; OR THEY COULD HAVE DEMANDED AN INVESTIGATION BEFORE THE PROPER AUTHORITIES AND, UPON PROVING THEIR CHARGES, COULD HAVE OBTAINED THE DISMISSAL OF OFFICERS, GUILTY OF INFRINGEMENT UPON THE RIGHTS OF CITIZENS.

WE CANNOT SAY, HOWEVER, THAT IN VIEW OF ALL THE FACTS AND CIRCUMSTANCES SURROUNDING THE OCCASION, THE POLICE OFFICERS WERE JUSTLY CHARGEABLE WITH EXCEEDING THEIR AUTHORITY IN THE PREMISES. MUCH DISTURBANCE AND DISORDER EXISTED IN THE CITY. MANY STRIKES HAD RECENTLY OCCURRED AMONG THE LABORING MEN, MANY OF WHOM WERE OUT OF EMPLOYMENT AND SMARTING UNDER FEELINGS OF DISCONTENT. IT HAD BEEN REPORTED TO THE AUTHORITIES, THAT THE RIOT ALREADY REFERRED TO OF

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THE PRECEDING AFTERNOON IN THE SOUTHWESTERN PART OF THE CITY HAD BEEN MAINLY INCITED BY A SPEECH DELIVERED TO SOME "LUMBER SHOVERS" ON THE "BLACK ROAD" BY THE DEFENDANT SPIES, WHO WAS OBSERVED TO BE THE MOST ACTIVE SPIRIT AT THE HAYMARKET MEETING. COPIES OF THE "REVENGE CIRCULAR" AND OF THE HAND BILL PREPARED BY THE DEFENDANT FISCHER, HAD FALLEN INTO THE HANDS OF THE POLICE. A RUMOR HAD ALSO COME TO THEIR HEADQUARTERS, THAT IT WAS THE INTENTION OF PARTIES AT THE HAYMARKET MEETING TO PROCEED TO SOME NEIGHBORING RAILROAD FREIGHT HOUSES, WHERE NON-UNION LABORERS WERE EMPLOYED, AND BLOW THEM UP. IN ADDITION TO ALL THIS, IT WAS REPORTED TO THE OFFICER IN COMMAND OF THE FORCE AT THE DESPLAINES STREET STATION, THAT THE DEFENDANT FIELDEN, WHO WAS THEN SPEAKING, HAD JUST USED THE FOLLOWING LANGUAGE: "YOU HAVE NOTHING MORE TO DO WITH THE LAW, EXCEPT TO LAY HANDS ON IT AND THROTTLE IT, UNTIL IT MAKES ITS LAST KICK. XX KEEP YOUR EYE UPON IT, THROTTLE IT, KILL IT, STAB IT, DO EVERYTHING YOU CAN TO WOUND IT", AND THAT THE USE OF THESE WORDS HAD PRODUCED GREAT EXCITEMENT AND CAUSED NOISY DEMONSTRATIONS AROUND THE WAGON. UPON THE RECEPTION OF THIS REPORT, THE OFFICER IN COMMAND DECIDED UPON THE DISPERSION OF THE MEETING, AND HIS MEN MADE THE MOVEMENT FOR THAT PURPOSE, AS ALREADY STATED.

AS SOON AS THE ORDER TO DISPERSE WAS GIVEN, THE DEFENDANT FIELDEN DESCENDED FROM THE WAGON, MAKING USE OF THE WORDS "WE ARE PEACEABLE." WHETHER OR NOT THESE WORDS WERE UTTERED AS THE ENGLISH EQUIVALENT OF THE GERMAN WORD "RUHE" WHICH MEANT "PEACE" THE EVIDENCE DOES NOT CONCLUSIVELY SHOW.

CERTAIN IT IS, THAT NO SOONER HAD FIELDEN SAID "WE ARE PEACEABLE" THAN THE BOMB EXPLODED AND IN A FEW SECONDS THEREAFTER A VOLLEY OF SHOTS WERE FIRED.

WHETHER THE CROWD, WHICH, UPON THE ADVANCE OF THE POLICE

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IN THE MIDDLE OF THE STREET HAD SCATTERED TO THE NORTH OF THE WAGON AND TO THE SIDEWALKS ON THE EAST AND WEST SIDES OF DESPLAINES STREET, FIRED INTO THE POLICE OR NOT, IS ONE OF THE DISPUTED QUESTIONS IN THE CASE. ACCORDING TO THE TESTIMONY FOR THE STATE, PERSONS IN THE STREET AND UPON THE SIDEWALKS DISCHARGED THEIR REVOLVERS INTO THE MIDST OF THE POLICE, SOME OF THE WITNESSES ESTIMATING THE NUMBER OF SHOTS AT 75 OR 100. ON THE OTHER HAND, WITNESSES FOR THE DEFENCE SWEAR, THAT THE ONLY SHOOTING, WHICH WAS DONE, CAME FROM THE RANKS OF THE POLICE THEMSELVES. THAT THE LATTER FIRED INTO THE CROWD AFTER THE EXPLOSION IS AN ADMITTED FACT, BUT THE PROSECUTION CLAIMS THAT THEY DID NOT DO SO, UNTIL AFTER THEY WERE FIRED INTO.

WE THINK THE WEIGHT OF EVIDNCE IS IN FAVOR OF THE POSITION OF THE STATE UPON THIS SUBJECT. IF IT BE CONCEDED, THAT THE WITNESSES FOR THE PROSECUTION, WHO ARE, FOR THE MOST PART, POLICEMEN ARE INTERESTED ON ONE SIDE OF THE QUESTION, AND THAT THE WITNESSES FOR THE DEFENCE, WHO ARE, FOR THE MOST PART, PARTISANS OF, OR SYMPATHIZERS WITH, THE PRISONERS ARE INTERESTED ON THE OTHER SIDE OF THE QUESTION, THERE IS, YET, OTHER EVIDENCE, WHICH SEEMS TO BE DECISIVE OF THE MATTER.

THE TESTIMONY OF THE SURGEONS WHO ARE ENTIRELY DISINTERESTED, SHOWS THAT TWO POLICE OFFICERS DIED FROM THE EFFECTS OF BULLET WOUNDS AND THAT MANY MORE, WHO DID NOT DIE, RECEIVED BULLET WOUNDS. AS THE POLICEMEN WERE A SOLID BODY OF WEEL-DRILLED MEN STANDING TOGETHER IN THE STREET IN WELL-FORMED LINES AND ORDERLY RANKS, IT IS IMPOSSIBLE THAT THEY SHOULD HAVE SHOT INTO THEIR OWN MIDST. THIS BEING SO, THE BULLET WOUNDS RECEIVED BY THEM MUST HAVE BEEN CAUSED BY SHOTS FROM THE CROWD IN THEIR FRONT AND ON THEIR SIDE

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IN ADDITION TO THIS, IT HAS ALREADY APPEARED THAT MANY OF THE PERSONS AROUND THE WAGON HAD BEEN PREPARING FOR ALONG TIME FOR THE EVENTS EXPECTED TO GROW OUT OF THE EIGHT HOUR MOVEMENT ON MAY 1, 1886, BY EXCERCISES IN DRIXLLING, BY THE PURCHASE OF ARMS, BY EXPERIMENTS WITH DYNAMITE AND HAD BEEN REPEATEDLY URGED IN SPEECHES, IN NEWSPAPER ARTICLES AND BY THE CIRCULARS ALREADY MENTIONED TO MEET THOSE EVENTS IN A STATE OF ARMED PREPARATION.

MOREOVER, SEVERAL OF THE NEWSPAPER REPORTERS, WHO WERE PRESENT CONFIRM THE STATEMENTS OF THE POLICEMEN, THAT SHOTS WERE FIRED FROM THE SIDEWALKS INTO THE POLICE. ONE OF THE REPORTERS SAW SEVERAL MEN AROUND THE WAGON BOLDLY EXHIBITING THEIR REVOLVERS WHILE THE SPEAKING WAS COING ON. A REVOLVER WAS ROUND ON THE SIDEWALK NEAR THE WAGON, SEVERAL BARRLES OF WHICH HAD BEEN DISCHARGEO.

IT IS APPARENT FROM THIS REVIEW OF THE EVIDENCE, THAT JUST SUCH AN ATTACK WAS MADE AT THE HAYMARKET AS WAS CONTEMPLATED AND ARRANGED FOR BY THE CONSPIRACY OF MONDAY NIGHT. FIRST, A BOMB WAS THROWN AMONG THE POLICEMEN; NEXT SHOTS WERE FIRED INTO THEIR RANKS BY ARMED MEN, BELONGING TO THE ORGANIZATIONS HERETOFORE DESCRIBED AND WHO HAD BEEN GATHERED AROUND THE WAGON DURING THE EVENING., IN THE ORDER OF TIME, THE SHOOTING OCCURRED A FEW SECONDS AFTER THE BOMB EXPLODED. THIS WAS THE ORDER IN WHICH THE ONSET WITH THE TWO DIFFERENT KINDS OF WEAPONS WAS TO BE MADE ACCORDING TO THE TERMS OF THE CONSPIRACY. THE MODE OF ATTACK, AS MADE, CORRESPONDED WITH THE MODE OF ATTACK, AS PLANNED.

IT IS TRUE, THAT THE PLAN ADOPTED CONTEMPLATED THE THROWING OF A BOMB INTO EACH STATION AND THEN SHOOTING DOWN THE POLICE AS THEY SHOLD COME OUT. THIS WAS TO BE DONE, HOWEVER, NOT ONLY

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AT THE NORTH AVENUE STATION, BUT AT STATIONS "IN OTHER PARTS OF THE CITY". THE DES PLAINES STREET STATION WAS A STATION IN ONE OF THE "OTHER PARTS OF THE CITY" AND WAS AS MUCH EMBRACED WITHIN THE SCOPE OF THE PLAN AS THE REST OF THE STATIONS. IT WAS IN SIGHT OF THE SPEAKERS' WAGON AND ONLY A SHORT DISTANCE SOUTH OF IT. IF A BOMB HAD BEEN THRWON INTO THE STATION ITSELF AND THE POLICEMEN HAD BEEN SHOT DOWN WHILE COMING OUT, A PART OF THE CONSPIRACY WOULD HAVE BEEN LITERALLY EXECUTED JUST AS IT WAS AGREED UPON. IT COULD MAKE NO DIFFERENCE IN THE GUILT OF THOSE WHO WERE PARTIES TO THE CONSPIRACY, THAT THE MAN WHO THREW THE BOMB, AND HIS CONFEDERATES, WHO FIRED THE SHOTS, WAITED, BEFORE DOING THEIR WORK, UNTIL THE POLICEMEN IN THE STATION HAD LEFT IT AND HAD ADVANCED SOME THREE HUNDRED FEET NORTH OF IT.

IF A HIRE B TO SHOOT C AT THE SHERMAN HOUSE IN THE CITY OF CHICAGO ON A CERTAIN NIGHT, BUT B, SEEING C ENTER THE TREMONT HOUSE, ON THE SAME NIGHT, SHOOTS HIM THERE, A IS NONE THE LESS GUILTY OF AIDING, ABETTING, ADVISING AND ENCOURAGING THE MURDER OF C. IF THERE IS A CONSPIRACY TO KILL POLICEMEN AT A STATION HOUSE, BUT THE AGENTS OF THE CONSPIRACY KILL THE POLICEMEN AT A SHORT DISTANCE AWAY FROM THE STATION - HOUSE, THERE IS NO SUCH DEPARTURE FROM THE ORIGINAL AS TO RELIEVE THE CONSPIRATORS OF RESPONSIBILITY.

A PLAN FOR THE PERPETRATION OF A CRIME OR FOR THE ACCOMPLISHMENT OF ANY ACTION, WHETHER WORTHY OR UNWORTHY, CANNOT ALWAYS BE EXECUTED IN EXACT ACCORDANCE WITH THE ORIGINAL CONCEPTION. IT MUST SUFFER SOME CHANGE OR MODIFICATION IN ORDER TO MEET EMERGENCIES AND UNFORSEEN CONTINGENCIES.

THE INTERNATIONAL GROUPS, AS WILL BE SEEN HEREAFTER, HAD

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RECEIVED INFORMATION, THAT THE POLICE INTENDED TO HOLD THEMSELVES IN READINESS FOR THE EXPECTED OUTBREAK AT THEIR RESPECTIVE STATIONS. THE PRESENCE OF 180 POLICEMEN AT THE DES PLAINES STREET STATION, ONLY 75 FEET SOUTH OF THE HAYMARKET, SEEMED TO CONTRADICT THE CORRECTNESS OF THIS INFORMATION, AND TO INDICATE A CONCENTRATION INSTEAD OF A SCATTERING OF FORCES. ON THE PART OF THE AUTHORITIES. SUCH ACTION BY THE AUTHORITIES MAY HAVE OPERATED TO CHANGE THE ORIGINAL CONSPIRACY FOR SEPARATE ATTACKS UPON THE STATIONS AND MAY HAVE LED TO THE CONCENTRATION OF A LARGER MUMBER OF ARMED MEN AT THE HAYMARKET THAN WAS AT FIRST INTENDED.

THIS APPEARS FROM THE LANGWAGE OF SPIES IN HIS SPEECH FROM THE WAGON, WHEN HE SAID: "IT SEEMS TO HAVE BEEN THE OPINION OF THE AUTHORITIES THAT THIS MEETING HAS BEEN CALLED FOR THE PURPOSE OF RAISING A LITTLE ROW AND DISTURBANCE" &C AND WHEN HE ASKED "WHAT MEANT THIS ARRAY OF GATLING GUNS. INFANTRY READY TO ARM PATROL WAGONS AND POLICEMEN?" IT APPEARS FROM THE EXCITED DEMEANOR OF SCHWAB, WHO SAYS THAT HE WENT FROM THE ARBEITER ZEITUNG OFFICE TO THE HAYMARKET PASSING THROUGH THE TUNNEL AND WALKING ON WASHINGTON STREET, AND THAT HE TURNED FROM WASHINGTON STREET NORTH ON DESPLAINES STREET. THIS COURSE WOULD TAKE HIM BY THE DES PLAINES STREET STATION WHERE HE MUST HAVE SEEM THE POLICEMEN FORMING ON WALDO PLACE. JUST AFTER THIS, HE IS DESCRIBED BY TWO WITNESSES AS RUSHING ALONG HURRIEDLY AND ALMOST RUNNING INTO THE MAYOR; AND BY ONE WITNESS AS ENGAGED IN A CONVERSATION A FEW MOMENTS LATER WITH SPIES, IN WHICH THE WORD "POLICE" WAS USED. FISCHER AND WALLER, ALSO NOTICED THE MOUNTING OF PATROL WAGONS ON WALDO PLACE AND INDULGED IN SOME CONJECTURES AS TO WHAT IT MEANT. SOME CHANGE OF PROGRAMME WOULD ALSO

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SEEM TO BE INDICATED BY THE DELAY IN OPENING THE MEETING. IT WAS NOT CALLED TO ORDER UNTIL HALF PAST EIGHT OR NINE O'CLOCK, ALTHOUGH THE HOUR STATED IN THE HAND-BILLS WAS HALF-PAST SEVEN. IT WAS NOT ACTUALLY OPENED UNTIL LINNG HAD DEPOSITED THE BOMBS AT NO. 58 CLYBOURNE AVENUE. HE WAS EVIDENTLY SLOW IN HIS PREPARATIONS. MRS. SELIGER SAYS THAT HER HUSBAND AND LINNG AND HUEBNER AND THIELEN AND HERHANN AND SOME OTHERS, WHOSE NAMES SHE DID NOT KNOW, WERE AT WORK ON THE BOMBS AT HER HOUSE UNTIL PAST SEVEN O'CLOCK. FROM THE FACT THAT SELIGER AND LINNG WERE MET ON THE WAY TO NEFF'S HALL BY MUENSENBERG, THE BLACKSMITH, IT WOULD APPEAR THAT THE LATTER HAD BEEN SENT FORWARD TO HASTEN THEIR MOVEMENTS.

THE VARIOUS DETAILS HERE RELATED TEND TO SHOW THAT SOME OCCURRENCE HAD TAKEN PLACE WHICH HAD NOT BEEN EXPECTED OR PROVIDED FOR.

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BUT NOT WITHSTANDING THE FACT THAT THE MONDAY NIGHT CONSPIRACY MAY HAVE BEEN VARIED SOMEWHAT TO SUIT THE NEW CONDITIONS WE THINK THE JURY WERE WARANTED IN BELIEVING THAT THE BOMB WAS THROWN AND THE SHOTS WERE FIRED AS A PART OF THE EXECUTION OF THAT CONSPIRACY.

SECOND., THE SECOND FEATURE OF THE MONDAY NIGHT CONSPIRACY WAS THE PUBLICATION OF THE SIGNAL-WORD "RUHE" IN THE ARBEITER ZEITUNG, AN AFTERNOON PAPER, ISSUED EVERY DAY AT TWO OCLOCK. THE WORD "RUHE" WAS PUBLISHED IN THE ARBEITER ZEITING ON THE AFTER NOON OF TEUSDAY MAY 4 TH, 1886, ABOUT FIVE HOURS AND A HALF BEFORE THE HOUR FOR WHICH THE HAYMARKET MEETING WAS CALLED. IT APPEARED IN THE LETTER BOX COLUME IN THE HEAVY TYPE AND HEAVILY UNDERSCORED. ITS PUBLICATION ANNOUNCED THE ARRIVAL OF THE "SOCIAL REVOLUTION" IT WAS A CALL ISSUED TO THE "ARMED SECTIONS" TO ARM THEMSELVES AND REPAIR TO THEIR MEETING PLACE AND AWAIT ORDERS. HERE CERTAINLY WAS AN EXECUTION OF A PART OF THE CONSPIRACY SHORTLY BEFORE THE OPENING OF THE MEETING, AT WHICH THE MURDER OF DEGAN TOOK PLACE.

IT IS CLEAR THAT THE PUBLICATION OF THE WORD "RUHE" IN A GERMAN PAPER MIGHT NOT BE NOTICE TO THE ARMED MEMBERS OF THE AMERICAN GROUP, WHO PRESUMANLY COULD NOT SPEAK OR READ GERMAN. THE ALARM AT THIS TIME WAS ONLY ISSUED EVERY HALF MONTH. ACCORDINGLY ON TUESDAY AFTERNOON AT ABOUT THE SAME TIME WHEN THE WORD "RUHE" APPEARED IN THE ARBEITER ZEITING, THERE ALSO APPEARED IN ONE OF THE AFTERNOON ENGLISH PAPERS OF THE CITY THE FOLLOWING NOTICE: "AMERICAN GROUP MEETS TO-NIGHT, TUESDAY, 107 FIFTH AVENUE. IMPORTANT BUSINESS. EVERY MEMBER SHOULD ATTEND 7.30 O'CLOCK SHARP. AGITATION COMMITTEE".

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THE QUESTION, WHICH HERE NATURALLY SUGGESTS ITSELF, IS: WAS THERE A GATHERING OF THE ARMED MEN AT THEIR MEETING- PLAGES IN OBEDIENCE TO THE CALL, IMPLIED IN THE WORD "RUHE"?

THE EVIDENCE DOES NOT DISCLOSE HOW MANY MEETING PLAGES THERE WERE NOR THE LOCATION OF ALL OF THEM.

THE MEETING PLACE SELECTED FOR THE MEMBERS OF THE NORTH-WEST SIDE GROUP WOULD APPEAR TO HAVE BEEN WICKER PARK. BUT WHETHER THEY ACTUALLY MET THERE ON TUESDAY NIGHT OR WHETHER THE ARRANGEMENT FOR THEIR DOING SO WAS GIVEN UP IN VIEW OF SOME ALTERATION OF PLAN SUCH HAS ALREADY BEEN HINTED AT, THE RECORD DOES NOT DISCLOSE A LARGE NUMBER OF THE MEMBERS OF THIS GROUP WERE AT THE HAYMARKET ON THAT EVENING,.

ACCORDING TO THE TESTIMONY OF SELIGER AS TO THE DECLARATIONS OF LINGG, GREIF'S HALL OR 54 LAKE STREET WAS A DESIGNATED MEETING PLACE FOR SOME OF THE ARMED MEN. THIS HALL WAS CROWDED ON TUESDAY NIGHT WITH WORKING MEN, MANY OF WHOM WENT OVER TO THE HAYMARKET.

IT WAS ONLY TWO BLOCKS EAST FROM DES PLAINES STREET AND DISTANT ONLY A FEW MINUTES WALK FROM THE WAGON OF THE SPEAKERS. A GATHERING THERE WAS IN EFFECT, A GATHERING AT THE HAYMARKET ITSELF.

THE MEETING PLACE FOR THE AMERICAN GROUP ON THAT EVENING WAS THE ARBEITER ZEITUNG OFFICE AT 107 FIFTH AVENUE TWELVE OR FIFETEEN MEMBERS OF THAT GROUP MET THERE PURSUANT TO THE PUBLISHED NOTICE.

AT LEAST SIX OF THOSE PRESENT, INCLUDING THE DEFENDANTS PARSONS AND FIELDEN, BELONGED TO THE ARMED SECTION.

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THEY ALL LEFT AND CAME OVER TO THE HAYMARKET MEETING SOME TIME BETWEEN HALF PAST EIGHT AND NINE O,CLOCK TUESDAY EVENING.

THE MEETING PLACE OF MANY OF THE ARMED MEMBERS OF THE NORTH SIDE GROUP ON TUESDAY EVENING WAS NEFF'S HALL. LINNG, SELIGER, LEHMAN, SMIDEKE, THIELEN AND OTHERS WERE THERE ON THAT EVENING BETWEEN EIGHT AND HALF PAST NINE O'CLOCK.

MANY WENT THERE TO GET BOMBS. THIELEN WHO HAD RECEIVED TWO LOADED BOMBS, SOME CARTRIDGES AND TWO CIGAR BOXES FULL OF DYNAMITE FROM LINNG ON THAT AFTER NOON WAS THERE A CONSIDERABLE PORTION OF THE EVENING, AND IS SPOKEN OF BY NEFF AS "HANGING AROUND OUT IN FRONT OF THE SALOON ON THE SIDEWALK". WE THINK THE EVIDENCE WARRANTS THE CONCLUSION, THAT 58 CLYBOURN AVENUE WAS ONE OF THE MEETING PLACES, TO WHICH THE MEMBERS OF THE ARMED SECTIONS REPAIRED IN PURSUANCE OF THE ARRANGEMENT MADE ON MONDAY NIGHT.

SOME OF THE MEETING PLACES WERE TO BE AT CERTAIN "CORNERS" THE ARMED MEN WERE TO GO FROM THEIR MEETING-PLAGES TO ATTACK THE STATIONS, THEY WERE TO ATTACK THE STATIONS, IN ORDER TO PREVENT THE POLICEMEN FROM GETTING OUT OF THEM SO AS TO GO TO THE SCENE OF CONFLICT, WHEN THEY SHOULD BE SUMMONED, HEN