Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-08-12

CLOSING TESTIMONY FOR The SlAlE.
When court was opened Officer Palmer
was called to the stand. Palmer testified
concerning the arrest OF Schnaubelt. Of
| ficer Palmer testified that Schnaubelt
could speak English, although he had a
strong German accent. The witness was
not CrOSs-eXamined.
Detective Bonfield was recalled, and
testified that he was present when Spies
was first arrested and taken before the
Chief of Police He was asked to relate
the conversation which occurred at that
time. Mr. EbersOld did not lay his
hands on Spies or threaten him in
any manner, such rs stated by Spies.
The Assistant States Attorney was called
to the stand. The States Attorney de-
sired to have him testify concerning the
stuff taken from the .irbeitcr ZeituRg office
which he had charge OF. He also desired
/ to offer in evidence prOot-Shect OF the
column in which the word 'Ituhe' was
| inserted.
The defense objected and the objection
was sustained.
Mr.. Grinncll then announced that the
| State rested.
! ANARCHIST WITNESSES DISAPPEAR.
! Attcrconsultation, the defense announced
that they had neglected to prove two facts.
/ They had desired to introduce two wit
neSscS. one who would cOrrObOratc Spies
| testimony rs to his movements at the Hay
market and another who would testify
against the witness Thompson. The de
fcnSe stated that the two witnesses had
/ disappeared, and intimatcd that the prose
cuti0n waS..responsiblc for their disappear
anCe.
/ lIr. Grinncl stated that he had seen
! this inSinuation III the -irjct,r /ritHHg
and upon seeing it the State had ulcd
every means in their power to produce the
two mcn. The paper stated that one Of
[ them tI.cgncrl was in Kansas City, and
the Chief OF Police there had been i'll
Structcd several days ago to cadeayOr to
tiud him, but could not.
THE OPENING ARGUMENT.
4 lona discussion here took place rs TO
the order in which the closing arguments
should be madr 1t WAS finally decided
that Assistant States Attorney Walker
should open the argument, XeiSler of the
I tltltllSt To lDilO", l'l Dt NtlNSCGNNu "
ham for the prosecution, Foster and Black
Tor the defense, and Grinncll to close for
the State in the order named. This result
was not arrived ut without considerable
discussion.
Mr.. Walker began by saying that in this
republic all men stood equal before the
law, and when the pcrpetrator Ofany crime
stood before the bar turitrial, the Goddess
of Justice was indeed blind until his guilt
had been proven. No matter whether he
WAS a Socialist or an Anarchist. the very
law which he had desired to throttle
now stood Us his protector until his guilt
WAS shown, and in this case they had
made the defendants guilty beyond any
shadow OF doubt.
Mr.. Walker then addressed himself Ia
the jury, to which he paid the usual COM
pliments He next called their attention
tOseveral definitions Ofthe phrase. beyond
a reasonable doubt" He quoted from a
number of authorities to show that when
the mind is convinced aS to the guilt of Il
defendant. no fear of the punishment the
Jury might be called upon to impose should
affect their judgment in declaring the guilt
of the criminal.
Mr.. Walker said:
"A REASONABLE DOUBT
is one which rises from a careful analysis
of the testimony. When man Is con
WINGED of the guilt Of 4 person then he Is
guilty beyond n reasonable doubt. The
iurv is not allowed to disbelievc rs jurors.
if they believe IL men. The oath y0u have
lssEafi lon an mn IN
doubt where Won would not doubt had no
oath been imposed Mr.. Walker read
from authorities defining the word
murder" the crime with which the de-
PENDANTS in this case are charged, and
wanted to show that anyone who asserts OF
encourages murder shall DC deemed gull
" and be punished accordingly, and
whether the principal is punished before
or after or ut all, those who assisted, aided
or encouraged are usually guilty, and shall
he deemed guilty OF murder. He then
quoted from the spe ech of Mr.. Solomon, OF
the defense. iii which the latter said that
| if the defendants were guilty OfcQnSpiracy,
convict them of conspiracy, not of murder,
and he further read from Mr.. SOlomon's ;
| speech in which the latter asked:
"HAvE THEY MURDERED MANY PEOPLE:
Mr.. Walker said that only seven men were
murdered and some sixty wounded, and
vet the counsel asked if they had murdered
many people. The speaker then paid .
glowing tribute 10 the herOism of the po-
| lice the night of the Haymarket riot and
| said it was on aceQglt of their bravery and
action under their leader, Inspector Bon
| field, that many were not murdered ana
| the social revolution. for which the defend
ants admit they bought dynamite and arms,
ACCOMPLISHED Mr.. Walker read from
| the laws of Illinois showing
/ that when three or more persons
conspires to do an unlawful oct, and IN
furtherance of said conspiracy the unlaw-
| ful act was committed the consplrators
were guilty whether they were present
when the act was committed or not. And
| that" said Mr.. Walker. lis why these
men are guilty and they are guilty:
The defendants LAWYER said these men
had only been guilty of conspiracy
II agree with Mr.. solomon that the de-
fendants were guilty of conspiracy, but
| do not agree with him that they should
/ be punished only for conspiracy. The re,
suit of the conspiracy was the throwing Of
the bomb. which resulted N the death OF
Matthias Degan, and the punishment for
murder is death"
Mr.. Walker read from decision rem
dered BY the SupremeCourt, Of Illinois, IN
the case of Bremen against the people. In
the case the counsel for four men who
had been found guilty of murder took tbs
case, up to the Supreme Court on the
ground that il had not been shown thai
the defendants had themselves
| ACTUALLY PARTICIPATED
I in the murder. .t
The Court on this point held that they