Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1886-10-15
JUDGE GARY'S DECISION.
The New Trial Overruled and the Prisonc
Asked Whit They Have to Say.

The New Trial OverTul5d and the Prisoners
Asked What They Have to Say.
Judge Gary commenced the reading of
his decision promptly at 10 o'clock. He
said that it was important to determine
whether or not there was evidence to
show that there was combination among
the defendants for any purpose what
ever, and, if so, to discover if possible
what that object was. With this objec
in view he reviewed the evidence at great
length, reading copious extracts from the
Arbieter Zeitung and the Alarm He
then referred to the speeches of the
prisoners, and said that the whole went
to show that what they claimed in refer
ence to the eight hour movement or in
reference to strikes, was that its employ
ers chose to employ other men in the
place of those who might strike, then
the employment of other men must be
prevented by force, and if the police
then undertook to resist the force which
might be used to prevent the employment
of those men, that was to be the ground
on which the police, or militia, or who
ever exercised that force, might be des-
troyed. This, the Court, was not a law
full object, and he added that there was
no doubt but that the force which would
extend to the carrying out of that object
in taking human life was murder. "It
is impossible" said the Court, "to argue
that any set of men have a right to die
tate to other men whether they shall
work or not for a particular individual,
and if they chose to work in defiance to
that dictation to drive them off by force,
and if the police undertake to prevent
the use of that force, then they have the
right to kill the police. 1t is impossible
10 contend for any such principle as
that,
As to Neebe's part in the conspiracy
there was the evidences of witnesses of
his presiding at meetings called in the
interest of this movement. There was
evidence that the meeting marched to the
Board of Trade building for the purpose
of forcibly entering and sacking it. A
red flag was found in his home. He was
also connected with the Arbeiter Zeitung.
He had distributed the day before the
HaymaIket meeting the circular calling
the meeting to some extent. 1t was plain
that he associated with the other seven in
the encouragement of the movement
which had for its object the overthrow of
the government. 1t was not necessary
that any of the defendants should have
anticipated the throwing of the bomb on
the night of May 4. The instructions to
the jury had not gone upon that ground.
but that they had generally advised a
class to commit murder, and had left the
occasion, time and place to the individual
will, and pursuant to this course some one
unknown. did throw the bomb that caused
the death of Matthias J. Deegan. There
| was no precedent for the case. No such
! h.l haEn-a toll ,,la
/ in this country. His Honor then re-
| cited the statute bearing upon the
! question, reviewed the speeches of
/ the prisoners delivered at the Hay
market, referred to the bomb throwing
and said the bomb was of Linngs manu-
| facture. Il think this, upon the whole
| proof that no case could be tried OF
| such magnitude as this with less in the
way of irregularity of proceeding in the
trial that was done in this case The mo
| tion must be overruled."
Captain Black entered an exec ptiou and
I desired two or three weeks time before
/ sentence was passed 10 prepare the bill OF
/ exceptions. This the court denied, bu
aid the sentences would be proceeded
with, and that ample SINE would be giver
for making up the record and preparing
the bill of exceptions.
His Honor said: Prisoners at the bar
for the first time during this painful and
protracted proceeding it Is my duty tt
speak to you and call upon you individ
ually and separately now to say whethel
you have anything to say why sentenc'
should not be passed upon you according
TO the verdict of the jury. viii call frs
upon Mr.. Neebe.@
NEEBE's ABUSE
Oscar Neebe had no sooner taken tn,