The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-01
READY FOR THE OTHER SIDE.
The Prosecution Rests Its Case Against
the Haymarket Anarchists.
Attorney Solomon Opens for the Defense and
Mentions Few of the Things He Expects
to Prove in Behalf of His Clients.


the wearing of their red boutonnieres this
carded the one proffered him by a female sym
pathizer. The defendants. Spies, Schwab,
Fielden and Fischer, had colorless faces, show
ing the evident effect of the trial The young
bomb-maker Lingg was the only one Of the
cluster on trial who appeared to carry himself in
an unconcerned manner The courtroom was
crowded as usual.
John Deegan, brother of the murdered of
fcer. Matthias J. Deegan, was called, and testi-
fed to seeing the dead body of his brother at the
m orgue on the morning of May s.
Officer Burns testified to aiding in lifting Off
Deegan's body into the patroI-wagon soon after
the explosion of the boom, and testified to the
fact of his death. This was merely formal testi-
mony. The defense declined to cross-examine.
The State offered in evidence articles which
appeared in the Arbeiter Zeitung just prior to
the May massacre, outlining the violence which
would follow the inauguration of the eight-hour
movement One of the articles declared that 10
morning should pass without the announcement
being published that the carcass Of Pinkerton
detective had been found by the roadside. Under
date of Nov. II, 1885, notice was printed an
nouncing that armed drills would be held every
Sunday morning at No. So Clybourne avenue,
to prepare for the revolution on May l. On the
same date the method for fashioning dynamite
bombs was outlined. In December, 1885, an ar
ticle warned workingmen not to assemble on
May l, unless armed. In later article penned
by Spies he warned all workingmen to thorough
~ arm themselves and be prepared to fight the
police, the Pinkerton detectives and the militia
on May l. In January an article was printed
urging that dynamite bombs should be pre-
pared for use against these forces.
The defense suggested that the
that Spies should not be held responsible for the
suggestion. Other articles from the pen OF Spies
were read and published at various times down
to May A, urging workingmen to arm and fight
the police and militia to the death on May l. The
reading of an editorial, signed by Spies. directed
against justice of the Appellate Court and
threatening him with death by dynamite. owing
to his decision in favor of railway company as
against an injured employee caused the first wave
of merriment among the defendants during the
forenoon. The reading of these articles WAS pro-
longed more than had been expected, with the
prospect that it would extend the case for the
prosecution beyond the noon adjournment
Without concluding the reading of these arti-
cles. the court adjourned till p. NJ.
When the State had finished its readings de-
tective James Bonfield was placed on the stand
and identified some red flags and banners, which
we're brought into court, as those found IN
the the Arbeiter Zeitung Office. They
bore such inscriptions as Every Govern
ment is a Conspiracy Against the Peoples"
'Dick Oglesbv, who Murdered three poor
workingmen at Lemont, is not in this procession.
you can see him later" "Boys, stick together"
etc. Mayor Harrison being in court, the follow
ing inscription another banner created con-
siderable amusement and caused the Mayor to
smile. 1t read Garter Harrison, who dubbed
our citizens during the carmen's strike, is not in
this procession; you can see him later"
"Here the State rests" said States Attorney
Grinnell, and the court ordered the defense to
proceed with its case. After whispered consul
tation with his colleagues, Attorney Seeisler
rose and asked that the court authorize the re-
moval of the jury pending arguments upon mo-
ton which defense wished to make. Judge
Garry could not see the propriety of breaking up
the court on any such account; he knew of no
precedent in this country.
Mr.. Foster said he had never known such a
request to be refused, and the court replied that
such custom had been in vogue in Scotland,
but he knew of no case in which the cuatom
should be initiated here. II shall not remove
the jury" said the court.
Mr.. Solomon then moved that the case against
Oscar Neebe be dismissed He said: 1.-THE evil
dence brought in has been mainly to establish
what is called conspiracy. None of the evidence
brought in, however, identifies Mr. Neebe with
the defendants in the case. The
only witness brought here 80 show
that Mr.. Neebe has any connection with the case
stated that he distributed some circulars on the
Monday before the riot and that gun, pistol
and sword were found at his house. But none
of this evidence connects Mr.. Neebe in any way
with the overt acts which are the basis of this
triala
This theory was supported by each of the at
torneys for the defence in short speeches, and
when Judge Garry said: 81 shall not interfere
with the jury in the case of Neebe" 1.-THE motion
being that the judge instruct the jury to return
a verdict of acquittal in Neebe's easel,
Captain Black answered in impassioned
speech, which was, however, simply plea for
Neebe, on the strength of the grounds given for
the motion under discussion. One of Captain
Blacks illustrations was quite dramatic. Refer
ring TO the revolutionary articles and circulars
presented by the State, Captain Black pointed his
long finger at Mayor Harrison, who still occupied
a seat near that of the States attorney and said:
1.-THE municipal authorities knew of the publica-
ton of these articles, and standing idly by as
Neebe did. are just as culpable as he"
The court overruled the motion. Captain
Black as matter of form. made the same mo-
ton in the cases against all the other defend
ants, except Spies and Fischer. This was over
ruled and an exception taken.
Attorney Solomon then rose and opened the
case for the defense. First he complmented
the jury On its patient endurance of its trying
position, and asked that each member give the
same close attention to the evidence produced by
the defense as they had to all that had been
presented by the State. He asked the jury to
decide whether the States attorney had fulfilled
his promise in the opening of the case for the
State The States attorney had said that he
would produce in court testimony proving who
threw the bomb Had this been done? Mr.
Solomon claimed it had not. Proceeding to the
charges against the prisoners, Mr.. Solomon said
they were not charged with anarchy or social
ism, but shown by the indictment, the charge
was the murder of Matthias j. began. The law,
the attorney said, did not provide any
clause which declared or could be con-
strued to declare that the defendants had
committed murder. Mr.. Solomon read from the
statutes to show that the evidence brought
against these defendants did not prove that they
were accessories to murder. He then read from
several authorities to show what constituted the
offense of conspiracy. If the State had case
at all. it was the charge of murder or con
spiracy, and upon other. He would read, he
said, from the Reports as to the nature of the
evidence necessary to convict of murder or CON
spiracy II will read these" said Attorney Sal