Spies v. People

Mr. Justice Magruder delivered the opinion of the Court: 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. Began, on May 4, 1886, in -the city of 'Chicago, Cook county, Illinois. On August 20, 1886, the jury returned a verdict finding the defendants August Spies, ¡Michael Schwab, Samuel Bielden, Albert E. Parsons, Adolph ¡Fischer, George Engel and Louis- Lingg 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 1st day of May, 1886, the workingmen 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 4, 1886, at the Haymarket, on Eandolph street, in the West division of the city of Chicago. This meeting was addressed by the defendants Spies, Parsons and Bielden. 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 one hundred and eighty men, marched into the crowd from their station on Besplaines street, and ordered the meeting to disperse. As soon as the order was given, some one threw among the policemen a dynamite bomb, which struck Began, 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 Began were killed, and sixty more were seriously ■wounded.

It is undisputed that the bomb was thrown and that it caused the death of Began. 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 Eudolph Schnaubelt in the perpetration of the crime; others, that they advised, encouraged, aided and- abetted an unknown person in the perpetration thereof.

The Elinois 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, 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 v. People, 3 Gilm. 368 ; Dempsey v. People, 47 Ill. 323 .

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 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 defence, 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 defence, says: “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 moulds 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 purehas'e of materials.

Second—The bomb thrown at the Haymarket 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 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 : When 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 kind 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 when 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 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 exactly 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 tip. 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 analyzed, 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 bomh, 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.

Fowrih—The bomb, which exploded, had upon it a small iron nut. One Michael Hahn was standing on the north-west corner of Desplaines and Randolph streets when the bomb exploded at the Haymarket meeting, and was struck by a part of it. On the morning of May 5, 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 Lingg.

First—Many of the bombs made by Lingg were round or globular in form. The defendant Lingg 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 1, 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 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 1, 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 1, 1886, he was at work from time to time making semi-globular -bomb shells, and was often assisted in this wnrk by Seliger and by two men named Thielen and Hermann or Heumann. These semi-globes appear to have been all finished before May' 4, 1886, and, of course, were intended for round bombs, the only kind in the construction of which such shells were used. After Lingg’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 lie 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 Lingg.

Second—The bombs made by Lingg had the projecting fuse so as to be exploded by the external application of fire.

On April 30, 1886, being the Friday before the day of the Hajonarket meeting, Lingg brought to Seliger’s house a large wooden box, about three feet long, from sixteen to eighteen inches high and from sixteen to eighteen inches broad, inside of which was a tin box, containing dynamite. On the next Tuesday, May 4, 1886, he was occupied, during the afternoon and until after seven o’clock in the 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 Munsenberg or Muensenberger, the latter of whom was probably the blacksmith hereafter inferred 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 Lingg and his assistants for their work, are spoken of as the front room and the bedroom. 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 Lingg, 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 bedroom, 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 bedroom, but they were busy there as at the first visit. He saw Heubner working at some coil of fuse, which looked like strings or white cord; he was cutting it into pieces; they were putting fuse into caps in the front room. During one of these visits Lingg 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, wheh Lingg and Seliger were on Larrabee 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.. Lingg 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 Lingg 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 Lingg 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. Lingg, Seliger, Thielen and Hermann were frequently engaged in “melting and casting” in Seliger’s kitchen during the six weeks, before May 1, 1886. Lingg melted lead or some other metal in a ladle 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 Lingg 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 Lingg’s possession after his arrest, were shown to be composed of exactly the same -ingredients.

After May 4 there were found in Lingg’s room a metal cup, 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 four dynamite gas-pipe bombs, two loaded and two empty, a Remington rifle, a round dynamite bomb, loaded, two pieces of solder, a blast hammer and a smaller pointed hammer, a couple of iron bits and drills, a two-quart pail with sawdust in the bottom, a tin quart basin with fuse and sawdust 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 candlestick. Babbitt-metal is an alloy of copper, tin and zinc. Many of the articles found were chemically analyzed. The candlestick 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 Lingg’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 resistance 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 effects 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 Lingg, which were analyzed, 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 somewhat in the proportions of the metal present, and this accounts for the fact, that the piece from Degan’s body eoniained 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 Lingg worked, melting his metals in a small ladle 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 Lingg were fastened together by a bolt, upon one end of ■which was screwed a small iron nut, showing a remarkable correspondence between the Lingg bombs and the exploded bomb in the fourth peculiarity of the latter, which has been heretofore mentioned.

On the morning of Tuesday, May 4, Lingg 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 Seliger 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.” 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 hy Lingg, upon the latter’s 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 Lingg 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 Lingg, and proven by the undisputed testimony in the ease 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 Lingg and was found to fit it exactly. This can not 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 warranted in believing from the evidence that the bomb, which killed Began, was one of the bombs made by the defendant Lingg.

This conclusion receives indorsement 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 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.

According to the evidence in this record, dynamite is composed of nitro-glyeerine and clay or sawdust; 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 he stored with caution, for instance, it is recommended that it be wrapped in oil paper, placed in a box of sawdust 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 not usually 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 Lingg make the bomb, which killed Began?

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.

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 platform 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 latter 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 fl.11 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 sway 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 capitalists of the present day will forego their privileges and their authority without compulsion. . . . It is therefore self-evident, that the fight of proletarianism (the laboring classes) against the bourgeoise (the middle classes) must have a violent revolutionary character, and that mere 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 relinquish their prerogative, and will make no concessions to us. Under all these circumstances, there is only one remedy left—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 spoken of by different witnesses: The North Side group, which met at No. 58 Clybourne avenue in the North division of the city; the North-west Side group, which met at Thalia Hall, No. 636'Milwaukee avenue, in the north-western 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 Baum’s Pavilion at the corner of Cottage Grove avenue and Twenty-second street in the South division of the city, and at No. 45 North Clark street, No. 106 Randolph street, and on the Lake Front; the group “Karl Marx, ” which met at No. 63 Emma street in the West division; the group “Freiheit,” which met on Sherman street in the South division; the South-west Side group, which met at No. 611 Throop street in the south-western part of the city; the group, “Jefferson No. 1,” which met at No. 600 Milwaukee avenue.

The defendants Schwab, Neebe and Lingg belonged to the North Side group, the defendants Epgel and Fischer to the North-west Side group, and the defendants Spies, Parsons and Fielden to the American group. Spies had also belonged to the North-west 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 North Side group, was 72. Certain members of these groups were armed with rifles and drilled regularly 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 aimed section drilled there every Sunday morning. The armed section of the American group met every Monday evening at No. 54 West Lake street. The North-west Side group met Thursday evening at No. 636 Milwaukee avenue. The South-west Side group met every Saturday evening at No. 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 rank and 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 1819 it had one thousand men. Its members were armed with Springfield rifles and were known by numbers. They conducted their drills and military exercises at Thalia Halfi No. 636 Milwaukee avenue, where the North-west 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. G-odfried Waller, whose number was 19, and Bernard Schrade, whose number was 32, were members of this second company. Schrade also belonged to the North-west 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 Twelfth street.

The “armed section” of the American group was called the “International Rifles:” After one of its drills on August 24, 1885, at No. 54 West Lake street, ten men, dressed in blue blouses and 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 Yerein and obey the orders of its officers. From this it would appear, that the Lehr und Wehr Yerein 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 three thousand 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 bomhs 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 hy the witnesses the “Arbeiter Zeitung Building,” or the building of the International Arbeiter Association. The meetings of this committee were held in a library ro&m which is spoken of by one of the witnesses as belonging to the “Arbeiter 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 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 Hirschberger 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 North-west 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 1st of May, 1886, was the head foreman of the printing department. This paper was owned by a corporation, 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 thirty-six hundred. Notices of the meetings of workingmen were inserted in its columns without charge.

Another newspaper by the name of the “Alarm,” owned by the International Arbeiter 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 two thousand. 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 North-west 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 “Arbeiter 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 headquarters 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 Bau, an advertising agent of the “Arbeiter Zeitung,” and one Joseph Bach, a member of the North Side group and afterwards a director of the “Arbeiter Zeitung.” Letters 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 “Arbeiter Zeitung.” This signal was: “Y.—Komme Montag Abend,” or “Y.—Come Monday night.” Whenever these words appeared in the letter-box column of the “Arbeiter 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 fifteen thousand to sixteen thousand laborers, and that delegates from these 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’s Association, which existed in Chicago during the year 1885, and up to May 4, 1886, was a compact, well-disciplined organization. At the head of it was a general or central committee. Next to the 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 und Wehr Verein. Next came the unarmed members of the groups, who were constantly in contact with their armed brethren 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.

Second—Its methods were unlawful. • The arming and drilling of the groups were in violation of the Militia law of the State of 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, 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 “Arbeiter Zeitung” building and in a room connected with the office of the “Arbeiter 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 defendants Spies, Schwab, Engel, Lingg, Fielden, 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 “organization 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 workingmen. The meaning of “organization” was the arming of such recruits with dynamite and revolvers.

During the years 1885 and 1886 the defendants Spies, Schwab, 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 ydth the police and militia, who were regarded as the special protectors of those classes. These speeches were made at picnics, in workingmen’s halls, at gatherings of the International groups, in Market square, and from the windows of the “Arbeiter Zeitung” building. They 1 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 “Arbeiter Zeitung” and the “Anarchist,” and from speeches of Schwab, Spies, Parsons, Fielden and Engel, are set out in the statement which precedes this 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 workingmen against the police and militia and the property-owning classes. They not only recommend the workingmen to arm themselves with dynamite and rifles, but they give specific instructions how to handle and use dynamite and how to make bombs and how to procure weapons. 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 workingman 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 workingmen ought tó 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 effective 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 . . . will at last supply themselves with weapons, dynamite and prussic acid;” “Workingmen, arm yourselves;” “Enough is said about the importance of being armed. . . . We are to go to work to supply ourselves as quickly as possible with these useful things. . ’ . . Dynamite bears several names here in 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; . . . the nitro-glycerine pills were not missing;” “There exists to-day an invisible net-work of fighting groups;” “Every trades-union should make it obligatory to every member to keep a good gun at home and ammunition;” “If we do not bestir ourselves for a bloody revolution, we can not leave anything to our children but poverty and slavery. Therefore prepare yourselves in all quietness for the revolution.”

The following expressions will be found in the extracts from the “Alarm:”

“One man, armed with a dynamite bomb, is equal to one regiment of militia,” etc.; “Every man, who is master of these explosives, can not be approached by an army of men;” “How can all this be done? Simply by making ourselves masters of the use of dynamite; then. . . . administer instant death, by any and all means, to any and every person, who attempts to continue to claim personal ownership in anything. . . . Our war is not against men, but against systems; yet we must prepare to kill men who will try to defeat our cause. . . . 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 hands of the enslaved it cries aloud, ‘Justice or annihilation.’ But, best of all, the workingmen are not only learning its use, they are going to use it. They will use it, eand effectually, until personal ownership, property-rights are destroyed, etc. . . . 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 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. . . . 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 immediate neighborhood of a lot of rich loafers, who live by the sweat of other people’s 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 Manufacture of Dynamite Made Easy,’ ‘Manufacturing Bombs,’ ‘How to use Dynamite Properly,’ ” •etc. “All governments are domineering powers, etc. . . . Assassination will remove the evil from the face of the earth. _ . . Assassination properly applied is wise, just, humane and brave. For freedom, all things are just;” “Though everybody nowadays speaks of dynamite, . . . few have any knowledge of the general character and nature of this explosive. For those, who will sooner or later be forced to employ its destructive qualities in defence of their rights as men, and ' from a sense of preservation, a few hints may not be out of place. Dynamite may be handled with perfect safety, if proper care is used,” etc. (Then follows.a series of minute directions.)

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

“ ‘Exercise in Arms.’ Workingmen, 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 24, 1886, appeared the following notice:

“The armed section of the American group meets Monday night, at No. 54 West Lake street.”

One Herr Most had prepared a treatise or book, entitled “Eevolutionary 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. . . . Complaints should be sent to G-. Engel. . . . Workingmen and fellows: . ... he, who would war successfully, must equip himself with all implements adapted to destroy his opponents. . . . We strive towards the overthrow of the existing order,” etc.

The defendant Schwab, in a speech delivered on April 26,' 1886, about a week before the Haymarket meeting, said: “Everywhere police and murderers are employed to grind down workingmen. For every workingman, 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 nine millions of people engaged in industrial trades in this 'country; there were but one million of them as yet organized, while there were two millions 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 . . . 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 them 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 Colt’s navy revolver, a Winchester rifle, and learn how to 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 hut 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 inaugurated. ”

The defendant Bielden, in speeches made by him, said in March, 1885 : “I want all to organize; every workingman 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 I say, ‘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. 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 Engel made a speech in German in February, 1886, to a crowded hall of workingmen, of which one witness says: “He advised everybody—‘every man wants to join them, to save up three or four dollars to buy revolvers to shoot every policeman downhe says he wants every workingman, 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 police'men down;” and again in the same month he made a speech ■to the North Side workmen at Neff’s Hall, 58 Clybourne ave,nue, where the North Side 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 hy means of wire; then a hole is bored into one end of it and a fuse with a cip 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 work.'ingmen, 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 them 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 shows, that the date, fixed for the inauguration of the social revolution, was the 1st 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 the defendant Spies is apparent from the language of some resolutions, introduced hy him on October 11,1885, at a meeting at the Twelfth 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,” etc. At a speech made at the same meeting Fielden said: “The eight-hour law will be of no benefit to the workingman.” An article in the “Alarm,” dated April 3,-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. . . . All endeavors of the working classes not aiming at the overthrow of existing conditions of ownership . . . are to us reactionary,” etc.

The 1st 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 workingmen 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.

The witness Johnson says, that, at the meetings of the armed section of the American group, “the 1st day of May was frequently mentioned as a good opportunity” for the revolution.

In a speech in December, 1885, at Twelfth 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 fifty thousand 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 1st 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 4, 1886, only a few hours before the Haymarket meeting occurred, the defendant Spies said: '“Six months ago, when the eight-hour movement began, there were speakers 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:

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 1st of May ■of this year, there should be a general strike; . . . but if the workingmen are prepared 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 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 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 them, if he does not want to be murdered himself. But for this is needed an armed and systematically drilled organization;” and on the same jDage are these words: “The time up to the 1st of May is short-Look out!”

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

The defendant Spies, on October 11, 1885, at the meeting, at Twelfth 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 prey upon the bones and marrow of the useful members of society, will resist this attempt, by calling 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 inauguration of the proposed eight-hour strike, in order to be in a position of meeting our foe with his own argument—force.”

A little over two months after this resolution was introduced, to-wit, on December 29, 1885, the North Side group, to which Schwab, Lingg and Neebe belonged, held a meeting: at No. 58 Clybourne avenue and adopted the following resolution: “This assembly declares that the North Side group, I. A. A., pledges itself to work with all means for the introduction of the eight-hour day, beginning on the 1st of May, 1886. At the same time the North Side group cautions the workingmen not to meet the enemy unarmed on the 1st of May,” etc.

Besides the publication of extracts from Herr Most’s book in the “Alarm” and “Arbeiter Zeitung,” the book itself was extensively circulated among the groups and other workingmen. The “Arbeiter Zeitung” inserted, without charge, on March 2, 15, 18 and 25, 1886, the following notice: “ ‘Revolutionary Warfare’ has arrived and is to be had through the librarian at 107 Fifth 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 workingmen. It was seen at such meetings in the Twelfth 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 witnesses says he saw copies of Herr Most’s book at meetings of the North Side group and that “the North Side group bought and sold them.”

The efforts of the defendants to prepare for the disturbances expected to grow out of the eight-hour movement on or about May 1, 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 instruction 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 Engel called on a gunsmith ■and inquired 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 Haymarket meeting a machine, which was intended to be used for the purpose of making bombs, was found by the police at Engel’s 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 therefor given by Engel in person.

A witness engaged in the gun business, swears, that in February or March, 1886, the defendant Parsons called at his store and stated, that he wanted to buy forty, or fifty revolvers. Upon being shown the samples on hand, he declared that they were not what he desired, but that he wanted “old remodeled Bemington revolvers.” The witness wrote for quotations as to the prices and gave them to Parsons upon his calling after-wards. He came in again once or twice, but did not finally make the purchase.

The testimony shows, that in the summer of 1885 the defendants Fielden and Parsons participated in the drilling exercises, at No. 54 West Lake street, of the armed section of the American group, to which they both belonged, and of which Fielden was the secretary and treasurer. A drill occurred at that place on August 24, 1885. Fielden and Parsons were present and took part. Suspected persons were ejected, the doors were closed, and the company was drilled for half or three-quarters of an hour by a German drill-master, going through the regular manual of drill, marching, counter-marching, turning, forming fours, wheeling, etc. It was on that occasion that the ten members of the first company of the Lehr und 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 Walters was elected captain, and the defendant Parsons lieutenant. The International Rifles there agreed, as heretofore stated, to act in concert with the Lehr und 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 that where the can was thrown against any hard substance it would explode.

At a subsequent meeting at the same place on August 31, 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 Haymarket 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.

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 the 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 bomis 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 Zeitung,” 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 Workingmen’s Association. The defendant Spies was present. Seliger saw there two bombs, one round one and one long one. They were below the counter. Eau, the advertising agent of the “Arbeiter Zeitung,” 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 Lehr und 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 und Wehr Yerein, who exploded it in the woods in a hollqw 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 object 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, heretofore 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 dhey 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 than 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, one hundred and fifty paces.

He stated that the bombs in question were to be used in ease of conflict with the police or militia.

Coming back to the defendant Lingg, 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 Floras 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, etc., 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 sections 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 la'st-named meeting also took place at Floras Hall, and Lingg and Lehmann, who both belonged to the “armed section” of the North Side group, were present. Lehmann says: “It was unanimously resolved, that we were to buy dynamite with it, and 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, and Lingg was intrusted 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 Lingg 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 Lingg 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 Lingg was " selected for this work is quite manifest.. Although he was only twenty-one or twenty-two 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 carpenters’ 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 4, 1886, at 650 Blue Island avenue, at the second meeting of the lumber .shovers’ union. He was seen at almost every meeting of the carpenters’ union at Zepf’s Hall from September, 1885, to May, 1886. At a meeting of that union at Zepf’s Hall on the night of May 3, 1886, 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 3, young men came to his room,at Seliger’s house and had their names entered upon 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 3, 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 on that occasion. He claimed, after his arrest, to have been clubbed by the police at that disturbance.

Second — Thielen, Lehmann, Seliger, Hermann or Heumann, and Huebner, who were with Lingg on Tuesday afternoon, 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 librarian of the North Side group, and had charge of the distribution of Herr Most’s book. Seliger, with whom Lingg had boarded for months, and who was his main assistant in making the bombs, was a 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 Ban was exhibiting to its members samples of round and long bombs, such as Lingg himself afterwards made.

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 Lingg, and to the bomb which exploded at the Haymarket. We find photographic views of it in the record. It consists of two semi-globular shells fastened together by a metallic bolt, with a head at one end and a nut at the other.

It has the ,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 Lingg.

The nut, taken from the body of Hahn, corresponded as exactly with the nut upon the czar bomb as with the nuts upon the Lingg 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 Lingg bombs and the Haymarket bomb. The “Spies bomb” or czar bomb “was 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 declaration of Spies, that members of the International groups had, by practice and experiment, demonstrated the superiority 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 Lingg as a sample, and was the same bomb, which Seliger saw at his house in Lingg’s hands more than six weeks before May 4,1886.

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 27, 1885, lie says: “When filling bombs . . . tie a handkerchief ■over mouth and nose, so that you may not inhale the dangerous gases. ... In filling bombs use a little wooden stick,” etc.

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

We think the jury were warranted in believing from the evidence, that the bomb, 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 disjiosition, which Lingg and 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 Lingg 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 Lingg 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 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 or 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 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. Lingg, Seliger and Muenzenberger first went into the saloon, and Lingg inquired of Neff if any one had been there and asked for him, to which he received a negative reply. Lingg 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 them. 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.

Lingg 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 had 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 satchel there that night; Lehmann did not know him, as has already been stated. Although he was at Seliger’s house that afternoon from four to six o’clock working at bombs, Seliger did not know his name and did not learn it until some time afterwards. .This circumstance naturally calls to mind the instructions in regard to revolutionary actions, published in the “Arbeiter Zeitung” on March 16, 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 No. 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 organizations 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 North Side 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 North Side 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 other circumstances heretofore and hereafter mentioned, points strongly to the conclusion, that they were intended for the use, on that evening, of ihe members of the conspiracy, whose principles and purposes have already been outlined.

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 an expectation, that bombs would be found at that place at that time. The prompt appearance of these men at No. 58 Clybourne avenue as soon as Lingg 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 conspiracy, 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 ahd 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 1st of May and in the midst of the excitement, which should prevail during the efforts of the laborers to-shorten their hours of work.

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 3, 1886, the commander of the Lehr und 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 hereinafter set forth.

On the day before, that is to say, on the morning of Sunday, May 2, 1886, at ten o’clock, the members of the second company of the Lehr und Wehr Yerein and of the Nortlnwest Side group had met at Bohemian Hall on Emma street in the northwestern part of the city. On that occasion the defendants Engel and Eischer were both present. Engel had there submitted to this Emma street meeting “a plan of his own conception, according to tvhich, whenever it icould come to a conflict between the police and the north-tvestern groups, that bombs should be thrown into the police stations, and the riflemen of the Lehr und Wehr Verein should post themselves in line at a certain distance, and whoever would come out should be shot doten— 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 North-west Side groups should “mutually assist themselves to make an attack upon the police,” and “if any one had anything 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 3, 1886, Engel and Eischer were also present at the meeting in the basement of Greif’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 south-western part of the city, and called upon the workingmen to arm themselves and “avenge the atrocious murder, which has been committed upon your brothers to-day and which will likely be> committed upon you to-momio.”

The contents of the circular were discussed and suggestions 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 were too few of us, and it would be 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 light 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 riflemen of the Lehr und 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, after storming the stations and shooting down the police, should march; inward 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 “Buhe,” 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 “Buhe” should appear in the letter-box •column of the “Arbeiter 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.

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 meeting 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 morning, 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-hill. 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 he 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—

Fonurth—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 Haymarket 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 the members of the armed sections at their various meeting places, as above indicated. This committee was also intrusted with the task of publishing the word “Buhe” in the “Arbeiter Zeitung,” when, in their judgment, 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.

Budolph Schnaubelt, whom a part of the evidence tends to identify as the thrower of the bomb on Tuesday night, sugr gested 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.

Beturning now to a consideration of the appointment of the Haymarket meéting, 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 by 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 pfeeipitated 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 to be held “to cheer up the workingmen so that they would 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:

[[Image here]]

The Haymarket is a widening of Randolph street, which runs east and west. It begins on the east at Desplaines 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 Desplaines street, at a point a little more than a hundred feet north of the eastern end of the Haymarket. They made their speeches from a truck wagon, which stood on the east side of Desplaines 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 Desplaines street at a point ninety feet north of Randolph street, and runs east a short distance and then 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 Desplaines 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 Desplaines 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 Desplaines 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 a Greif’s Hall, Zepf’s Hall and Florus Hall. There were also several such places to the south 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 mere 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 sectipns assembled in Greif’s building on Monday night, shows that the meeting was not intended to be altogether peaceable. On Tuesday morning at a 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:

ATTENTION, WORKINGMEN!

GBEAT MASS MEETING To-night, at 7:30 o’clock,

AT THE Haymabket, Randolph St. bet. Desplaines and Halsted.

Good speakers will be present to denounce the latest atrocious act of the police, the shooting of our fellow-workmen yesterday afternoon.

Workingmen, Arm Yourselves and Appear in Full Force!

The Executive Committee.

The testimony is abundant, that many copies of this handbill, 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 4,1886. Why urge men to come armed to an assemblage, if the assemblage is to be peaceful, especially when 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 ?

A manufacturing company in the south-western 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 summoned to quell the riot, and, as the result of then 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, re-enforced by striking lumber-shovers, upon men, who were -pursuing their lawful business. It follows, that the Hay-market 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 expécted 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 better if we would place ourselves among the people and fight right in the midst of them; we could not know who would be our nearest neighbor óf 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. - Lingg 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.

Fifth—The same committee, which had charge of the Hay-market meeting, and had the power to call together the armed men at their meeting places by the insertion of the word “Buhe” in the “Arbeiter Zeitung,” was also instructed to attend at the Haymarket and from there carry reports to them at their 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, etc., was an unlawful conspiracy, there can be no doubt.

The question now arises whether the murder of Began 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 Began’s death is to be considered the natural and necessary outcome and consequence of that prosecution. In other words, were the occurrences of Tuesday night the result of the conspiracy of Mónday 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 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 Desplumes street, and on the Desplaines 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 evening, was located on the west side of Desplaines street, seventy-five feet south of the Hay-market and some three hundred feet or more south of the wagon, and between Eandolph street on the north and Washington street on the south, the latter being the next street south of and parallel with Eandolph street. Some electric lights in front of a theater on Desplaines street, south of the station and in the neighborhood of Washington street, served to light up at least that portion of Desplaines street south of the Hay-market.

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 Desplaines street, across the eastern end of the Haymarket, until they came “about to the mouth of Crane Bros.’ alley.” Here they 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, ... it shall be the duty of each of the municipal officers . . . to go among the persons so assembled . . . 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 hy such improper intrusion or illegal dis-. persion 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 lights of citizens.

We can not say, however, that, in view of all the facts and -circumstances surrounding the occasion, the police officers were justly chargeable with exceeding then 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 the proceeding afternoon in the south-western part of the city had been mainly incited hy a speech delivered to some “lumber shovers” on the “Black Boad” by the defendant Spies, who was observed to be the most active spirit at the Haymarket meeting. Copies of the '“Bevenge 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. . . . 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 signal-word “Buhe, ” 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 dfew seconds thereafter, a volley of shots was fired.

Whether the crowd, which, upon the advance of the police in the middle of the street, had scattered to the north of the wagon and to the sidewalks upon the east and west sides of Desplaines street, fired into the police or not, is one of the disputed questions in the ease. 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 seventy-five or one hundred. 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 evidence 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 us 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 well-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 sides.

In addition to this, it has already appeared that many of the persons around the wagon had been preparing for a long time for the events expected to grow out of the eight-hour movement on May 1, 1886, by exercises in drilling, 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 going on. A revolver was found on the sidewalk near the wagon, several barrels of which had been discharged.

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 organization 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 should come out. This was to be done, however, not only at the North avenue station, but at the stations “in other-parts of the city.” The Desplaines 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 thrown 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 a short distance away from the station house, there is no such departure from the original design 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, can not. always be executed in exact accordance with the original conception. It must suffer some change or modification in order to me'et emergencies and unforeseen contingencies.

The International groups, as will be seen hereafter, had. received information that the police intended to hold themselves in readiness for the expected outbreak at their respective stations. The presence of one hundred and eighty policemen at the Desplaines street station, only seventy-five 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 number of armed men at the Haymarket than was at first intended.

This appears from the language 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,” etc., 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 Desplumes street. This course would take him by the Desplaines street station, where he must have seen 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 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 Lingg had deposited the bombs at No. 58 Clybourne avenue. He was evidently slow in his preparations. Mrs. Seliger says that her husband and Lingg, and Huebner and Thielen, and Hermann, and some others, whose names she did not know, were at work on the bombs at her house until past seven o’clock. Prom the fact that Seliger and Lingg were met on the way to Neff’s Hall by Muenzenberger, 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.

But notwithstanding the fact, that the Monday night conspiracy may have been varied somewhat to suit the new conditions, we think the jury were warranted 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 “Buhe” in the “Arbeiter Zeitung,” an afternoon paper, issued every day at two o’clock. The word “Buhe” was published in the “Arbeiter Zeitung” on the afternoon of Tuesday, May 4, 1886, about five hours and a half before the hour for which the Haymarket meeting was called. It appeared in the letter-box column in 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 places 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 Began took place.

It is clear that the publication of the word “Buhe” in a German paper might not be notice to the armed members of the American group, who presumably 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 “Buhe” appeared in the “Arbelter Zeitung, ” 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.”

The question which here naturally suggests itself, is: Was there a gathering of the armed men at their meeting places in obedience to the call, implied in the word “Buhe ?”

The evidence does not disclose how many meeting places there were, nor the location of all of them.

The meeting place selected for the members of the Northwest 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 as 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 West Lake street, was a designated meeting place for some of the armed men. This hall was crowded on Tuesday night with workingmen, many of whom went over to the Haymarket.

It was only two blocks east from Desplaines 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 fifteen 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.

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. Lingg, Seliger, Lehmann, 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 Lingg on that afternoon, 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 Clybourne 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 places 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. Hence,, many of the meeting places would be near the stations.

One of the stations to be attacked, and which was specifically named at the Monday night assemblage, was the North avenue station. The evidence shows, that Lingg, Seliger, Lehmann, Smideke, Thielen, and two large men, belonging-to the Lehr und Wehr Verein, all of whom were armed with, bombs, were seen standing and moving between eight and ten o’clock on Tuesday night, at corners and on streets in the near neighborhood of the North avenue station.

Seliger and Lingg were also that night still further north in the neighborhood of a police station near the corner of Webster and Lincoln avenues. Others, who left 58 Clybourneavenue just after the bombs had been deposited there, “went ahead” of Seliger and Lingg, so that the course taken by them must have been still further northward and in the neighborhood of Deering, where the defendant Schwab made; a speech to some striking workingmen about ten o’clock on that night after he had left the Haymarket.

One or more of these meeting places or corners was in the neighborhood of the Desplaines street station. A group of about twenty-five men were standing, on Tuesday evening, at the south-west corner of Halsted and Eandolph streets, two blocks west of the Desplaines street station, and one of the witnesses speaks of seeing Spies and Schwab going into the thickest of this group between eight and nine o’clock. “About an hour previous to the meeting” at the Haymarket, Engel and Fischer, both members of the armed sections, were seen at the corner of Desplaines and Eandolph streets. During the evening Fischer and Waller, the latter of whom is proven to have had a revolver, and both of whom belonged to the Lehr und Wehr Verein, were so near the Desplaines street station as to observe the mounting of five or six patrol wagons with policemen. The speakers’ wagon itself was only a short distance north of that station, and armed men were gathered around it all the evening, as has already been shown.

Thus it is proven, that armed men did gather at certain corners and meeting places on Tuesday night. There is evidence, which would warrant the jury in believing, that such gatherings took place in obedience to the call agreed upon at the Monday night meeting.

Third—The third feature of the Monday night conspiracy was the appointment of a mass meeting at the Haymarket. The meeting was held and its general character has already been discussed.

Fourth—The fourth branch of the conspiracy had reference to the action of the committee, that was charged with the double duty of publishing the signal-word “Euhe” and of reporting to the armed men at their meeting places any conflict or collision that might occur at the Haymarket or elsewhere. Did this committee attend at the Haymarket and carry reports thence to those gathered at the “corners” and other meeting places?

Upon the reception of these reports, attacks were to he made upon the police. The thing to be reported was any collision oí conflict, that might happen to occur between the police and the workingmen. Such collisions ordinarily grew out of attempts to protect employers or non-union laborers against strikers. But that an act of interference with a meeting of workingmen would be regarded as coming within the meaning of the word “conflict” or “collision,” as here understood, is apparent from Lingg’s statement, made to Seliger when he first brought a bomb to the latter’s house and showed him| pipes and shells. This statement was, that the bombs would be used not only “on occasions of strikes, ” but “where there were meetings of workingmen and they should be disturbed by the police.”

At the Haymarket the collision grew out of an attempt to disperse a meeting that appeared to have been called for an illegal purpose. The movement of the police upon the crowd for the purpose of effecting this dispersion was such a coming together of policemen and workingmen, as would very naturally' be construed by many of the conspirators or their unlearned agents to be within the meaning of the Monday night plan; To regard the advance of the police into the midst of those standing around the wagon as authorizing and justifying the attack contemplated by the terms of the Monday night conspiraey was a natural interpretation of those terms, in view of all the circumstances and of the character of the parties concerned.

As the march to the wagon and the order to disperse did fiot occur, until the station had been left, the police were out ■ of the station, before the occasion for the attack arose, and' ■hence the throwing of the bomb into the station itself was an unnecessary act.

Even if it be true, that the committee already named made no report to the armed men at their meeting places, as contemplated by the terms of the conspiracy, it may be said that such report was unnecessary, so far as those posted near the Desplaines street station were concerned. The only object of such reports was to give information of a conflict or collision. The armed men at the Haymarket themselves saw the collision and heard the order to disperse, and were therefore informed of the arrival of the occasion for an attack without any report from the committee.

However this may be, the evidence tends to show, that certain parties did go from the Haymarket to one or more of the meeting places on Tuesday night, and that they so went, as bearers of some message or communication. Whether the communication, suggested by this passage of persons from point to point, had any reference to the large gathering of policemen at the Desplaines street station, does not appear.

Belthazar Rau, the advertising agent of the “Arbeiter Zeitung,” was one of the most active men in the promotion of the schemes of the Internationalists. As has already been stated, he exhibited a specimen bomb in August, 1885, to the central committee in session at the “Arbeiter Zeitung” office, when Seliger was present as a delegate. The written copy of the words “Y.—Homme Montag Abend,” published in the “Die Eackel” on Sunday, May 2, and calling the meeting of the armed men on Monday night, was in his handwriting. He introduced Spies to the chairman of the meeting of the lumber shovers on Monday afternoon. He distributed the “Revenge Circular” Monday evening at Zepf’s Hall. He knew the meaning of the signal “Ruhe,” and, according to the testimony of Spies, talked with the latter about it . on Tuesday afternoon. On Tuesday night he was seen moving among the crowd on the Haymarket. On that evening he made two trips between the “Arbeiter Zeitung” office and the Haymarket, once in company with Schwab, and again in company with Fielden, Parsons and Snyder. He was seen at Zepf’s Hall just after the explosion. He was in consultation with Spies, Schwab, Friclie and others at the “Arbeiter Zeitung” office on Tuesday afternoon between five and seven o’clock; and, on Tuesday morning between nine and ten o’clock, he was present at the same place with Fischer, Spies, Schwab and Grueneberg at an interview in reference to the hand-bills heretofore mentioned. Gruenhut speaks of him as being on an agitation committee and on the committee for the Internationalists. Special mention is made of him by Herr Most in his letter to Spies.

This same Ban on Tuesday night went from the Haymarket to the meeting of the American group then in session at the office of the “Arbeiter Zeitung, ” and, in obedience to a notice from him, all those gathered there went over to the speakers’ wagon on Desplaines street. .

Parsons, in speaking of what took place at the “Arbeiter Zeitung” office, says: “Some one, I understood it was a committee, came over from the Haymarket; they stated that they came from the Haymarket- or some one told me- they did.” Fischer stated after his arrest, that he was at the “Arbeiter Zeitung” office that night, and he was a member of the executive committee, that called the Tuesday night meeting, as shown by the signature to the hand-bill.

Thus there is evidence, from which the jury were warranted in believing, that Fielden and Parsons and their associates were called from their meeting place to the Haymarket by the summons of a committee.

Furthermore, about eight o’clock or a little before that time on Tuesday evening, the defendant Schwab was at the office of the “Arbeiter Zeitung,” and several telephone messages passed between him and a letter-carrier of that paper in the north-western part of the city. He went over to the Hay-market and, leaving there later in the evening, took a Clybourne. avenue ear at the court house, and went to Deering, at or near the corner of Clybourne and Fullerton avenues. When he arrived at his destination, he was standing on the back platform of the ear. During his journey he passed by No. 58 Clybourne avenue, where men had just been helping themselves from the open satchel of loaded bombs, where Lingg had just inquired of Neff, the saloon-keeper, if “some one had been there asking for him,” where Thielen, who had been with Lingg that afternoon, while he was making bombs, was “hanging around . . . out in front of the saloon on the sidewalk.” During this journey, he passed the intersection of Larrabee street and Clybourne avenue about the time when Seliger, Lingg, Smideke and Lehmann were standing there. He passed the intersection of North avenue with Clybourne avenue a short distance west from the North avenue station, which had been especially singled out for attack. His course was near the spot, where two large men, armed with bombs, members of the Lehr und Wehr Verein, had been seen standing on that night, and from which they had gone ahead towards the north. It was said at the Monday night meeting, that, when the police stations should be attacked, the Internationals hoped to gain accessions from the workingmen. S chwab went late on Tuesday evening to address several thousand “striking” workingmen, assembled at a point not a great distance north from the stations visited on that evening by Seliger and Lingg, and, in order to reach the point in question, went directly by the meeting place of the North Side group, to which he himself belonged, and among the corners where armed members of that group had been hovering all the evening, as if in expectation of some order or signal.

There is no direct or positive evidence, that he passed by No. 58 Clybourne avenue and the corners in its neighborhood, as a member of the committee referred to, for the purpose of summoning to the Haymarket some one or .more of those, who had helped themselves to Lingg’s bombs. But there are circumstances, which, taken in connection with all the other evidence in the case, point very strongly in the direction here indicated.

The evidence of the defence tends to show, that Schwab’s trip to Deering had no other object than an address to the workingmen, that Ban’s visit to the “Arbeiter Zeitung” was for the sole purpose of getting speakers for the Haymarket, and that the American group met at the office of the “Arbeiter Zeitung” on that evening to effect an organization of the. sewing-girls. It was for the jury to say whether the evidence of the defence upon this subject was of greater weight than the various circumstances already detailed, which, we think, the jury had a right to look at in the light 'of the principles advocated by the International organization, and in the light of the peculiar methods, recoriitnended by that organization for concealing its real designs. The “Arbeiter Zeitung, ” in its instructions “about revolutionary deeds” as found' in its issue of March 16, 1885, says, that where a special group is formed - for the purpose of action, the public groups “have to serrve as a covering, as a shield behind which one of the most effective weapons of revolution is bared;” that “the danger of discovery ought to be weakened as much as possible, and, if it can be, should be reduced to naught.”

Fifth—The fifth feature of the plan under consideration was the resolution to communicate its details to absent members.

The record furnishes no direct evidence upon this subject, but it shows that persons, who were present at the meeting on Monday night, were in the company of several of the defendants on Tuesday and Tuesday night. Budolph Schnaubelt was in consultation with Schwab and Spies -on Tuesday night, and was on the wagon that evening with Bielden and Parsons. During the day on Tuesday Bafi and Fischer were in the “Arbeiter Zeitung” building with Spies and Schwab, and were there in the evening while Bielden and Parsons were in attendance upon the gathering of the American group.

We have thus reviewed somewhat in detail a number of the events of Tuesday night with a view of seeing whether they took place in accordance with and in pursuance of the provisions of thte Monday night plan. Viewed as evidences of a correspondence between what was done and what was planned, some of the occurrences here noted may be unimportant, but taking all the circumstances together, the jury were justified in finding that the actors upon the stage of Tuesday night’s tragedy were playing the parts assigned to them in the conspiracy of the previous night, and that the death of Began occurred as a part of the execution of that conspiracy, and while the parties to it were engaged in carrying it out.

The last and most important question to be considered is: Were the plaintiffs in error parties to the conspiracy formed on the evening of Monday, May 3, 1886 ?

Lingg:

The jury were warranted in believing from the evidence, that the plaintiff in error Louis Lingg, was a party to the Monday night conspiracy.

According to the testimony of the captain of the police, Lingg admitted after his arrest, that he was present on that evening in the basement of Greif’s Hall. If he was, then his presence there, taken in connection with his subsequent conduct, would tend strongly to establish his connection with the plot. It is claimed by the defence, that he was in attendance all the evening at a meeting of the carpenters’ union at Zepf’s Hall on Lake street at the north-east corner of Lake and Desplaines streets, two blocks west of Greif’s Hall and about half a block north of the spot where the speakers’ wagon was located on the next night. He certainly was at Zepf’s Hall during a part of the evening, but may have gone over to the other meeting in session at Greif’s Hall. A public announcement was made to those assembled in Zepf’s Hall, requesting all who belonged to the armed sections to go over to the basement of 54 Lake street. Sobrade says he went to the latter place from the gathering of the carpenters’ union because of an announcement that “the members of the L. u. W. V. should go around to the meeting on Lake street/ This announcement certainly informed Lingg, that the armed sections were in session at a place just two blocks east of him.

It would make no difference, however, in view of his acts and declarations whether he was at the meeting Monday night or not. “Though the common design is the essence of the charge of conspiracy, it is not necessary to prove, that the defendants came together and actually agreed in terms to have that design and to pursue it by common means. If it be proved, that the defendants pursued by their acts the same object, often by the same means, one performing one part and another another part of the same, so as to complete it, with a view to the attainment of that same object, the jury will be justified in the conclusion, that they were engaged in a conspiracy to effect that object.” 3 Greenleaf on Evidence, sec. 93.

Let us examine some of Lingg’s acts and declarations:

The plot of Monday night required the use of bombs to carry it into effect; Lingg and his assistants were making bombs on Tuesday. He brought dynamite to Seliger’s house on Friday, but made no preparations to fill bombs with it until the day. of the Haymarket meeting. He knew all about the details of the conspiracy. On Tuesday night he told Seliger the meaning of the word “Buhe,” and that its insertion in the- paper had been provided for. in the meeting of the previous night. He took a copy of the paper at Seliger’s house and showed him the signal-word in the letter-box column. On Monday night about the time the meetings at Zepf’s Hall and Greif’s Hall were adjourning, he came up behind Lehmann and several other members of the armed sections, who were standing on the sidewalk at the entrance to Greif’s Hall, and reproached them for their stupidity, calling them fools and oxen. When Lehmann, who had been standing guard most of the evening on the outside to prevent intruders from entering the basement, asked him what had taken place at the meeting they were just leaving, he said in reply, that if they wanted to know something they should ■come to 58 Clybourne avenue the next evening. Lehmann •did go to 58 Clybourne avenue the next evening in obedience to this injunction. As has been already stated, Lingg carried loaded bombs there and spread them out, so that members of the International groups could help themselves to them. His remark to Lehmann shows that what he did on Tuesday night was done in pursuance of a resolution formed on Monday night. Thielen, Hermann, Huebner and Lehmann, who were with him •on Tuesday afternoon, while he was ■ making bombs, were all present at the Monday night meeting.

We regard it as a very significant circumstance, as showing -the connection between the conspiracy of Monday night and the bomb-making of Tuesday afternoon, that parties who are proven without any contradiction whatever to have been at the meeting in the basement of Greif’s Hall on Monday night and to have belonged to the band of conspirators that met there, went to Seliger’s house on the very next afternoon and were there associated with Lingg in making the bombs that he carried to Neff’s Hall Tuesday night.

It was as late as eleven o’clock on Monday night when Lingg told Lehmann and several other members of the armed ■sections to come the next night to Neff’s Hall. It was as early as seven o’clock on the very next morning when he set Seliger to drilling holes in the bomb shells and instructed him to get bolts to fasten the shells together, accompanying his instructions with the statement, that the bombs would be taken away that day.

Lingg. said on Tuesday afternoon, while he and his assistants were at work at the bombs, that they were to be carried to 58 Clybourne avenue as soon as they were finished and were to be used that night, and that they were “going to be good fodder for the capitalist and the police when they came to protect the capitalists.” When he returned to Seliger’s house from the West Side at one o’clock on Tuesday, he reproached Seliger with the slow progress he had made in his. work.

It may be here stated, that six weeks before this time, when. Lingg first brought dynamite to Seliger’s house, he remarked that every workingman should have dynamite and learn to' handle it, as there was to be considerable agitation.

Between nine and ten o’clock on Tuesday night Lingg and. Seliger appeared before the North avenue station, and Lingg proposed to Seliger to throw a bomb into the station and shoot down the policemen, two of “ whom were sitting in front, of the building. Whether their failure to carry the proposition into effect proceeded from a want of courage, or from disappointment at not receiving some message or signal, that, was expected at Neff’s Hall, is not disclosed by the evidence. But the proposition itself bears a startling resemblance to the first and main feature of the Monday night plot as already noticed.

■ Lingg’s conduct during Tuesday and on Tuesday night shows, that he expected a disturbance to occur Tuesday evening. He and Seliger and Lehmann and Smideke were standing on Larrabee street near Clybourne avenue about half past nine o’clock, when either Lingg or Seliger remarked that “ ‘we should not keep together, we four,’ and then we went, apart.” He became wild with excitement after the patrol wagon, manned with policemen, had passed him and he had been unable to light his bomb soon enough to throw it at the wagon. ■ After that, during the evening, he frequently referred to what was going to happen on the West Side and at the Haymarket, and was with difficulty restrained by Seliger from going to the West Side.

Seliger swears, that he was present at the meeting of the carpenters’ union on Monday night and was there at the same time with Lingg; he also states, that, before he went, he learned that there was to be a meeting at the Haymarket on the night of the 4th of May. It would thus appear, that ¡Fischer's proposition to hold a mass meeting at the Haymarket was the subject of consultation and arrangement among the members of the groups, before he went to the gathering of the armed men on Monday night.

The proof discloses two circumstances, occurring after the explosion of the bomb on Tuesday night, which tend to show Lingg’s connection with the Haymarket crime. About eleven o’clock on that evening the Lehmanns, the Hermanns, the Hagemanns and Hirschberger, the librarian, were in Neff’s saloon. Some of them had just come from the Haymarket and they were talking about the explosion of the bomb. In the midst of their conversation Lingg and Seliger entered the saloon, when one Hermann said in an energetic voice to Lingg: “Ton are the fault of all of it” or, “that is your fault.” Thereupon, a subdued conversation took place between Hermann and Lingg. This circumstance is sworn to by both Seliger and Neff, and is competent testimony as against Lingg.

After this, when Seliger and Lingg were on their way home from Neff’s saloon, Lingg “made the remark that he was even now scolded—chided—for the work he had done.”

The details of the plan adopted on Monday night, as the same are herein set forth, are proven by testimony which is uncontradicted. The evidence introduced by the prosecution as to the acts and declarations of Lingg on Tuesday and Tuesday night and during several weeks prior thereto, is also uncontradicted by any testimony offered on the part of the defence, so far as we have been able to discover. What are the inferences to be drawn from these uncontroverted facts? The jury, who are the judges of the facts in criminal as well as in civil cases, have a right to draw from proven circumstances such conclusions as are natural and reasonable.

The intentions of men can only be determined from their acts. “Murder is the unlawful killing of a human being, in the peace of the people, with malice aforethought, either expressed or implied.” (Criminal Code, sec. 140.) We said, in Davison v. The People, 90 Ill. 221 : “Malice is always presumed, where one person deliberately injures another. It is. the deliberation, with which the act is performed, that gives it. character. It is the opposite of an act, performed under uncontrollable passion, which prevents all deliberation or cool reflection in forming a purpose.”

• Here is a man, connected with a certain organization, engaged in arming and drilling for a conflict with the police. He is experimenting with dynamite and in -the construction of bombs under the direction of armed members of that organization. He makes bomb "shells, fills them with dynamite, takes-them to the meeting place of armed members of that organization, pnts them*where access to them can be easily had, using such precautions as such dangerous explosives naturally require. At once, certain of these armed members, such as the two large men of the Lehr find Weln: Yerein already spoken of, come forward and take bombs and go their several ways. In a little more than an hour afterwards, one of these very bombs is thrown into a crowd of policemen and explodes and kills one of them. Was not the conduct of this man, who-thus coolly and carefully prepared the weapons for one definite class of men to use in the murder of another definite class of men, marked by “deliberation,” as that term is defined in the authorities ?

It was a fair conclusion from the evidence that Lingg knew that the bombs he was making would -be thrown among the police. It was a fair conclusion from the evidence, that he intended the bombs he placed in the hall-way to be used by the members of the International groups, not only in the interest of the general movement against the police with which he was connected, hut in the interest of the particular conspiracy, that was concocted on Monday night.

Even if he did not know the name of the particular individual who was to throw the bomb, he knew that it would be thrown by some one belonging to the sections or groups already described, and this was sufficient to affect him with the guilt of advising, encouraging, aiding or abetting the crime charged in the indictment.

He may not have known what particular policeman would be killed, whether Matthias J. Began, or another. But when he opened the loaded satchel at Neff’s Hall on Tuesday night, that act, viewed in the light of all the antecedent, attendant and subsequent occurrences, was virtually a designation of the body or class of men, who were to be attacked. When one of such class was killed, the guilt was the same as though a person bearing a particular name had been pointed out as the victim.

Even if he did not know that one of the bombs would be thrown on that evening at a particular place called the Hay-market, it was sufficient that he knew it was to be used at that point in the city, where a collision should occur between the workingmen and the police. Such a collision did occur at the Haymarket.

Counsel for the defence claim, that there is no proof showing the bomb to have been thrown by any one of the members of the organization, for whose use Lingg may have made it; that the bomb may have been thrown by some person outside of that organization and having a private grievance of his own against the police; in other words, that the bomb-thrower has not been identified as a member of the conspiracy or as a person employed by it or acting in its interest.

We think, however, that the jury were justified in believing from the evidence, that the man, who threw the bomb, was either a member of the conspiracy, or an agent employed by it. This appears from the facts already recited. Three circumstances especially served to identify him as being connected with the conspiracy. First, the bomb, that exploded, was one of the bombs made by Lingg; second, the bombs made by Lingg were finished and distributed so short a time before the explosion, that they could hardly have been obtained elsewhere than from his possession, or by others than those for whose use he intended them; third, the throwing of the bomb occurred almost at the same time with the firing of the shots; the latter followed so closely upon the former, that the two can not be regarded otherwise than as parts of a joint attack, showing that the man, who threw the bomb, and the men, who fired the shots, were acting in unison with each other; this negatives the idea of independent action by an outside individual having a private grudge; the character of the attack as a joint one and the concert of action between those making it identify it as that kind of an attack, which the conspirators planned to make. Moreover, there is no evidence in the record of the making of bombs by anybody except Lingg and those associated with him.

Engel and Fischer:

As to the defendants Engel and Fischer, it has already been shown, that they originated the Monday-night plan and procured its adoption first by the North-west Side group and second company of the Lehr und Wehr Verein on Sunday morning, and afterwards by the representatives of all the groups on Monday night. They advised and induced a band of seventy or eighty armed and drilled men to enter into a plot to murder the police with bombs and pistols in a certain contingency, and to agree to certain details as to committee, signal-word, fiiass meeting, hand-bill, meeting places, etc., with a view of carrying that plot into effect. The murder of Began took place as the legitimate consequence of an attempt to accomplish the objects of the conspiracy originated and planned by themselves. Therefore they aided, abetted, advised and encouraged the commission of that murder. Both were present at the Haymarket meeting on Tuesday night.

The evidence tends to show that Engel was at his home on Milwaukee avenue near the Haymarket, when the explosion occurred. That some of the conspirators might be at home, when the collision with the police should happen, was a contingency that was provided for by the terms of the plot; in the event of a collision at night, the committee appointed to watch the movement was to report to the armed men at their homes.

It has already been stated, that Fischer was at the Hay-market early in the evening, and was seen walking about on Desplaines street and in front of the station, and was present while Fielden, the last speaker, was talking. There is testimony on the part of the prosecution tending to show that he was in the neighborhood of the wagon and near the mouth of Crane’s alley, when the bomb was thrown. There is also testimony on the part of the defence tending to show, that at that time he was in the saloon at Zepf’s Hall. Zepf’s Hall was just a few steps north of the wagon and in sight from it. The hall was crowded that night with workmen, and on the upper floors several meetings, among others that of the furniture workers, were in session. Between it and the Hay-market persons were passing back and forth. Fischer may have stepped into the saloon a few moments before the explosion and may have been there at the precise moment of its occurrence, although one of the newspaper reporters, who was in the saloon at the time, says he did not see him.

ít would make no difference, however, in the degree of responsibility, with which Engel and Fisher are chargeable under the facts already narrated, that they were not actually among those who stood around the wagon, when the bomb was thrown. Where persons combine to stand by one another in a breach -of the peace with a general resolution to resist all opposers, and, in the execution of their design, a murder is committed, all of the company are equally principals in the murder, though at the time of the act, some of them were at such a distance as to be out of view, if the murder be in furtherance of the common design. Wharton on Homicide, (2d ed.) sec. 338; Williams v. The People, 54 Ill. 422 .

On the morning after the Haymarket massacre about ten or eleven o’clock the defendant Fischer was arrested while coming down the stairs of the “Arbeiter Zeitung” building. The officer found upon his person a 44-caliber, self-acting revolver loaded and also a file. He wore a belt and sheath under his coat, the belt having a brass buckle upon it with the letters. “L. & W: V.,” a buckle of the Lehr und Wehr Verein society. “The file, an old-fashioned, three-cornered file, ground to a sharp edge, very sharp on the point, with a wooden handle, was in. the sheath; the revolver was stuck in a slit in the belt ; there were ten cartridges in his pocket; there was also a fuse cap—a fulminating cap—in his pocket; the fulminating cap was bright.” At Fischer’s house after his arrest were found a. box of nearly fifty 44-caliber cartridges and a light blue blouse, such as is worn by the Lehr und Wehr Verein.

Spies and Schwab: v

We will now consider the relations of the defendants Spies- and Schwab to the Monday night plot.

By the terms of the plot, the word “Buhe” was to be published in the “Arbeiter Zeitung” as a signal to the members-of the armed sections to arm themselves and gather at their meeting places, there to be ready to attack the police when the committee appointed should give information of a disturbance. That word was published in the paper, which was-issued on the afternoon of Tuesday, May 4. Its publication, was the act of the defendant Spies. He wrote with his own hands the words “Brief Kasten—Buhe”—the former of which means “letter-box” in German—and, from the original manuscript so written by himself, the printers set up the type from which the words were printed in the paper of Tuesday afternoon. “Ruhe” was not only in his handwriting, but he underscored it twice, as if to give it greater emphasis and prominence. If he knew its meaning as a signal-word and the object of its insertion in the paper, as explained on the night before by his own foreman, the defendant Fischer, then he was lending himself by its publication to the execution of the plan of Monday night. “Nor is it necessary to prove that the conspiracy originated with the defendants, or that they met during the process of the concoction; for every person entering into a conspiracy or common design, already formed, is deemed in law a party to all acts done by any of the other parties, before or afterwards, in furtherance of the common design.” 3 Greenleaf on Evidence, sec. 93.

There is evidence tending to prove, that Spies inserted this word in the International organ as a member of the committee, whose business it was to do so, because that same committee was in charge of the Haymarket meeting, and he was the most active man in the management of that meeting. He himself inserted among the editorial notices in the “Arbeiter Zeitung” on Tuesday afternoon the following notice in almost the same words used in the hand-bill, printed by Fischer: “Attention, workingmen! Grand mass meeting this evening at half-past seven o’clock on the Haymarket, Randolph, between Desplaines and Halsted streets. Good speakers will denounce the latest rascally deed of the police in killing our brethren yesterday afternoon, in shooting our brethren yesterday afternoon.” He organized the Haymarket meeting and addressed it. He mounted the wagon and called for Parsons. He selected, as the speaker’s, stand, the wagon with all its advantages of location, as already specified. He moved among the workingmen on the Haymarket and pressed them north into Desplaines- street to the neighborhood of the wagon so selected. In his address he spoke confidently as to the. intentions of the committee,- charged with the double duty already indicated, saying among other things: “The committee that called the meeting wanted to tell you certain facts,” etc.

In explanation of the publication of the word “Buhe,” the defendant Spies swears that its meaning was stated to him for the first time by Bau, his advertising agent, and Fischer, his foreman, on Tuesday afternoon after its appearance in the paper, and that he instructed them to speak to the armed men of its insertion at that time, as a mistake. Bau and Fischer were not placed upon the stand to confirm this explanation, and whether it was credible, in view of his printed utterances on that day and several previous days and in view of all the other features of his conduct, as disclosed in the record, was a matter for the jury to determine. If they did not believe his explanation as against the evidence, which tended to contradict it, then they were justified in finding, from the circumstances already mentioned and those hereafter stated, that he was as much a party to the plot as Engel and Fischer and Lingg.

That plot, as has already been shown, contemplated the throwing of a bomb into each police station, and then, in the confusion, using, fire-arms against the policemen. In an article upon the riot of Monday afternoon, written by the defendant Spies and published in the same Tuesday afternoon edition, in which the word “Buhe” appeared, he says: “If brothers, who defended themselves with stones (a few of them had little snappers in the shape of revolvers) had been provided ivith good weapons and one single dynamite bomb, not •one of the murderers would have escaped his well-merited fate.” Here is a suggestion of that very mode of attacking the police, which was the main feature of the Monday night conspiracy. This suggestion was made to the workingmen Tuesday afternoon. Tuesday night the very thing suggested took place, that is to say, a bomb was thrown not into a station, but among the police a few feet from a station, and, after it was thrown, “good weapons” were fired into them, killing several and wounding several more. The article in question did not stop, however, with a suggestion of an attack upon the police in the mode specified. It closed by saying: “Last night thousands of copies of the following circular were distributed in all parts of the city,” and then quoted and re-published in full the German portion of the “Revenge Circular,” that had been composed by Spies and distributed among the workingmen on Monday night, thereby urging such workingmen in the most vehement terms to arm themselves and make war upon the police. A translation of this German circular is given hereafter.

The reason why the plan of Monday night provided for throwing a bomb into each police station and shooting the escaping policemen was that the latter might be thereby prevented from going to the scene of the disturbance, which was expected to take place. Such plan would naturally be based • * « 6 upon information, that the police intended to hold themselves in readiness at their stations for a summons to some point of conflict. On the afternoon of April 30, 1886, being the Friday preceding the Tuesday, on which the Haymarket meeting occurred, the “Arbeiter Zeitung,” in an editorial written by one or the other of its two editors, Spies and Schwab, thus addressed its three thousand six hundred readers among the members of the International groups and the unions of the workingmen:

“As we are informed from reliable source, the police have received secret orders to keep themselves prepared in their" stations, as a labor conflict is feared on Saturday of next week. You see the capitalistic sluggards are thirsty for the blood of workingmen. The workingmen will not permit themselves to be kicked by them like dogs any more. They will not be tortured to death any more by unlimited work, and they will not be starved any more. For this opposition they want vengeance and they cry for blood. May be that this cry will be heeded—but then, beside the red life-sap of the extortioner’s victim, there may flow a little of the black-dragon ; poison of the extortioner. To the workingmen we again say at this hour, am yourselves. You have but one life to lose. Defend that with all means. And in this connection we want to caution the a/rmed workingmen as yet to conceal their arms so that they will not be stolen by the minions of the law, as it has happened in various instances.”

Here was a statement that the police had “received secret orders to keep themselves prepared in their stations” for a labor conflict expected to occur in about a week, which statement was accompanied with a caution to the workingmen to arm themselves and to conceal their arms. The injunction to arm could have had no other object than to meet the preparations which the police had received secret orders to make. Such preparations could be of no avail, if the stations should be blown up and the police themselves should be shot down. Therefore, the plan of Monday night was exactly adapted to rendering the action of the police in keeping themselves prepared in their stations useless and of no effect. So exactly does the plan in question fit the state of things spoken of in the editorial of April 30, that it would appear to have been suggested by that, editorial.

When it is remembered, that, on the very day on which this editorial made its appearance, Lingg brought to Seliger’s house the large box of dynamite, already alluded to, and that, on the next Sunday morning, Fischer, who, as foreman of the “Arbeiter Zeitung,” was all the time at work und

This text is long and has been trimmed here. Open the source document for the complete record.