Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. 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, abets, assists, advises, or encourages shall be considered as principal, and punished accordingly. The specific crime which was committed, and which, I expect to show you the law says, no matter whether these defendants advised generally the use of dynamite in the purpose which they claimed to carry out, and sought to carry out, yet if none of these defendants advised the throwing of that bomb at the Haymarket, they can not be held responsible for the action of others at other times and other places. The law protects every citizen. If a man be guilty of conspiracy, or if he be guilty of treason, he is liable to punishment for that offense, and not for a higher one.
Fear is the father of cruelty.
It was no ordinary case. May. Perhaps it was that feeling, in a large measure, which led to the arrest and presentment of these eight defendants. Perhaps it was something of that feeling which will explain the conduct of the prosecution in this case. I am not disposed to say that there has been any willful or deliberate intent on the part of the representative of the State to act unfairly. I am not disposed to charge that there has been upon their part any disposition to do an injustice to any man.