The Labor enquirer., 1886-10-02
Decision Rendered by Judge
McAIlister Of Chicago,
in 1879.
The Right Of the People to As
semble Independent Of
Government.
Details Of an Example Of the Chicago
Policies Brutality Before Their
Haymarket Crime.

In the Anarchist trial in Chicago, the
question of the right of free assemblage,
which had been invaded by the police,
was lost sight Of. Mayor Harrison testl-
fed that up to 10 o'clock. when the po-
lice made the attack, the meeting was an
orderly and lawful one, and similar tes-
timony was gwen bv Reporter English,
of the Chicago Tribune. Police Captain
Bonfeld-the man who led the unfortu-
nate attack admitted to Mavor Harri-
son, just before the mavor left for home,
that there was no danger, and that "the
reserve had been ordered home"
Twenty minutes later he led the attack,
for reasons which were not brought out
on the trial. Now" says George A.
schilling, "the important question is,
whether the citizens of this country
have right to repel by force an unlaw-
full attack upon peaceable assem- blage
by the riotous proceedings of. the po-
lice" Mr.. schilling quotes case that
bears upon this point. During the great
railroad strike of 1877, Chicago, in COM
mon with other cities, became involved
in labor troubles. The furniture Work
ers' union, at the request of some Of
their bosses, called meeting to adjust
grievances. The police hearing that q
meeting was in progross, proceeded to
break it up. Mr.. Wasserman, the pro-
prietor of the place, attempted to pre-
vent them from entering, but they
Knocked him down, and over his pros
trate form broke through the door, and,
without even reading the riot act, COM
menced shooting and clubbing. The
matter was subsequently made test
case in the courts, and the following ia
nous decision was rendered by Judge
McAllister on the subject:
CIRCUIT COURT OF Cook COUNTY, ILLINOIS.
Opinion, May g. 1879.-The Harmonic As
socfation Of Joiners VS.. Michael G. Hickey
ct alright Of Citizens to Assemble in
Peaceabe Manner.
The declaration in the bills of rights
respecting the rights of citizens to as
semble in a peaceable manner, etc.. is
not considered as confirming the right,
but as a guarantee against its depriva-
ton or Infringement by any Of the
powers or agencies of the government.
The right itself is regarded as the natu-
raj, inalienable right belonging to every
individual, and this right can be exer-
cised and enioved within the scope and
spirit of the constitutional provision, IN
dependently Of every other power of the
state government.
When meeting is called for any law
full purpose, one who goes there with the
purpose to disturb and break it up, is
trespasser, and all who participate, or
who, being present. encourage, aid, abet
or assist in creating such disturbance are
trespassers.-Ed Legal News.
MoALL1srER 1.-The plaintiff in this
case, an incorporated society Of work.
ingmen, brings this action of trespsss
against divers persons for forcible en-
trv into the hall of the plaintiff while
public meeting was IN session, and vio-
lently, with force and arms. ejecting
plaintiff from such ball and breaking up
said meeting The general issue was
filed, and stipulation made that all legal
defenses might be introduced thereun-
der. The cause was Submitted to the
court and heard without jury. The
facts established bv large number Of
witnesses and without any opposing EVIL
dence are:
That July 26, 1877, this society having
leased Turner hall, on West Twelfth
street, for the purpose, eld meeting
in the forenoon of that day in said hall,
composed of from 200 to 300 individuals,
most of whom were journeymen cabinet
makers, engaged in the several branches
of the manufacture of furniture in Chi
cago; but some of those in attendance
were the proprietors in that business, or
delegates sent by them. The object Of,
the meeting was to obtain conference
of the journeymen with such proprie-
tors, or their authorized deleg 4tes, with
the view of endeavoring to secure an in
crease in the price, or diminution of the
hours of labor. The attendants were
unarmed and the meeting was peace
able and orderly.
While the people we're sitting quietly
witch their backs toward the entrance to
the hall, with few persons on the stage
in front of them, all engaged merely in
! the business for which they had assem-
bled, force of from fifteen to twenty
policemen came suddenly into the hall,
many, if not all of them, having police
club in one hand and revolver in the
other; and making no pause 10 deter
mine the actual character of the meet
ing, they Immediately shouted: "Get
out of here, you damned SONS Of
bitches!" and began beating the people
with their clubs, some of them actually
firing their reyolvers. One young man
was shot through the back of the head
and killed.
CONTINUED on second pags.l