The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1886-08-26

were acquitted the three thousand an
aTchists In this country were safe to prop
agate their doctrines BY whatever
means were to their liking. Mr. Gfjnnell
disciAimed any desire TO interest or
emusa the jury, but wished he seid, to
them. he criticized . number Of re-
marks made By Capt Black, whos he
said, was eloquent and Fheterieal for the
sake OF poeterity. and proceeded to cor
rect him on several points with apparent
success. He said that the arguments
MADE By lawyers for the defence indioa-
ted that they like their ollenfss were
autonomous, and he added ,ridic1lO1s. BE
believed that the verdict which the Jury
would bring In this case would be one
that he could hand down 70 his children
with pride, II anarchy spared them. In
the course Of his address MF. Grinnel
took occasion to eay that Mr.. InGhamfs
address for the state was monument OF
o1e4pfy which was unansWerable. This
had been openly acknowledged by one
Of the attorneys In the case when the
court had adjourned on that day.
Capt. Biack-Grinnell. that statement
is outrageous. Such q remark was cer-
tainly not made by me nor any OF my
associates. The other counsel for the
defense objected ana denied that they
had thus cOmplimented Mr.. Ingham.
Mr.. Grinneli continued, saying that he
was only paying his associate deserved
compliment. A moment later similar
remark was made by the states
sensation in the court. Some
one in the crowded room applauded
vigorously. The court ordered that the
person or persons making the disturb
ance be instantly elected. The bailin
could not locate the parties, and the
states attorney moved that the entire
audience be removed. BE would pre-
fer, he ealds to speak only to the jury
Capt. Black seconded the motion, but
the court, after severely reprimanding
the audience, said that upon . recur.
renee of the disturbance that
section of the room In which the dis
turbanoe took place would be summArily
cleared. There was plainly to be felt .
strong under current OF az
SnSeSOs TSoS the through Hs
declarations OF the states attorney
appeared to steadily increase. The
court having announced that he
desired to consult with the
attorneys for both sides after adjourn
ment. when Capt. Black rose ct four
O'Clock to note an objection to Griuuell's
sinAtOre, the states attorney pro-
posed an adjournment then, as he had
been interrupted, so the court adjourned,
Mr.. Grinnell to conclude In the morning.
CHICAGO, Aug. 19.-In the anarchist
trial this morning Grinnel resumed his
| address. The court will begin his in
stTuctiOns to the jury about 80 p. m.
II was well understood that the pro-
ceedinGs in the criminal court. SO far az
the counsel In the case were concerned,
would close to day aud 6e Q result there
was an inordinate desire to hear the
closing by Mr.. Grinnell on behalf of the
state. Early in his address he said For
a few days after the Haymarket riot, for
q whole week, "a ia plain from the testi-
monY in this case and from Capt.
Setback, there Was not the least particle
! OF knowledge or suspicion. great as had
been the crime that was committed, that
it was any further reaching than
the result of these repeated iD4ammA.
tory speeches which our city had listened
to year after year. but the magnificent
efforts of Schasck, without my personal
knowledge at the time, got the leading
string which led up to the conspiracy.
Then it was for the first time that we
knew ofSohnaubelt, or that We knew or
suspected that q conspiracy existed at
all. When we had Spies under arrest l
confess to you then and after it was de-
veloped that conspiracy existed, that
did not suppose that q man living In
WOu1u 1AsO . COAe
spiracy so hellish and damnable as the
proof showed, and our investigation
subsequently showed, he had entered
into; and therefore, Notwithstanding
Qilmer's statement to US SO frequently,
he was not shown and not identified.
MIR. Grinnell concluded by saying that
the jury had the power to exact the lives
Of some Of the prisoners, TO others they
might give term Of years in the PEN
itnnkiaFU and again 1hRV MIGHT
acquit. He would not ask the jury to
take the life of Oscar Neebe.
The proof was not sufficient
to convict Neebe, but some OF them,
Spies, Fischer, Lingg, Engel, Fielden,
Parsons and SchWab, ought to have the
extreme penalty administered to them.
The anarchists were deathly pale.
Mr.. GrinnelI went on with tremendous
earnestness. Pointing his hand at the
prisoners he said: Personally have not
q word to say against these men, but the
law demands they be punished They
have violated the law, and you, gentle
men OF the jury, stand between the liv-
iog and the dead. Do your duty. Do
not disagree. Il you think ink that hat
serve the death penalty, give them
a life sentence, but do not disagree.
Mr.. Grinnell's voice was broken, he
said: Gentlemen, this Is no pleasant
task for nae, but it is my duty; do yours.
The closing words Of the states Attor-
ney were listened to with rapt attention.
The great crowd was still as death. Not
q whisper or rustic broke the stiffness.
The jury were keenly awake, and were
under the spell Of the genuine eloquence
of the speaker. The anarchists sat up
right In their seats. On the faces OF all
were set, hard lines, showing the inten-
sity of their emotions.
Al o'clock Judge Garry instructed
the jury. He gave the usual definitions
of murder and Its punishment. The jury
must not go beyond the evidence to hunt
up doubts nor must they entertain mere
IL coBiectural doubts. 10 Justify ao-
quittai, the ubt must be reasonable.
An accessory, the court defined as one
who, being present, aided or encouraged
il, and such accessory shall be considered
As principal and punished accordingly.
Such accessory, Within or without this
state, may be indicted aud convicted
before. after, or at the same time as the
principal, whether the principal is con-
voted or amendsble TO justice or not. II
the defendants threw the bomb, then the
defendants who were IN the conspiracy
are guilty of murder. Ii 1t was an an
archist conspiracy and the defendants
were parties to 1t, then they are guilty of
murder, though the date of the culmi-
nation Of the conspiracy Is not fixed.
The defendants should be aqaiLted uu
less the jury we're constrained to find
them guilty beyond = reasonable doubt.
II reasonable doubt was raised ~ to
the guilt of any of the accused by the
evidence or by the argument OF the
counsel or any hypothesis consistent
with the evidence, that doubt was deeis-
i've in favor OF the prisoners scquittal. A
verdict of not guilty meant only that the
guilt Of the accused had not been DEM
Onstrated IN the specific form prescribed
by law. The ev deAce to convict must
be beyond any reasonable doabt consist
ent with any hypothesis of innocence.
No jury should convict citizens
OF crime upon mere suspicion or simply
because Of 9 preponderance Of evidence.
bat upon being convinced Of guilt
beyond reasonable doubt. The Law i'm
posed upon the prosecution the burden
of proving that the defendants were
guilty as charged in the indictment, and
unless that had been done the jury
should find them not guilty. The in
dictment in the case was mere ACCUSE