The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-12
ANARCHISTS ON THE RACK.
Argument for the State in the Anarch-
lists Trial Begun by Mr.. Walker.
He Tells the Jury What the law Is-The De-
PENDANTS May Be Guilty Without Hav-
ing Committed an Overt Act.


this forenoon, the defendants in the Anarchists
trial marched into Judge Gary's crowded court
room, headed by August Spies. The prisoners
all looked smiling and comparatively uncon-
cerned, and greeted their LADY friends with
smiles. They had scarcely taken their seats
when young lady, with basket on her arm.
went along the line, and presented each OF them
with bunch Of flowers. One of the papers,
this morning. stated that Mrs Black, the wife
of the leading counsel for the defense, supplied
the Anarchists with their morning bouquets.
She was quoted as saying In a florists shop: Il
want these for the poor saints at the Criminal
Court The dear martyrs are being sorely tried
by the tyrants now. and / fear something will
happen to them. But if anything does, there
are-thousands ready to tear their oppressors to
pieces" Mrs Black Indignantly denied the re-
marks attributed to her to reporter this morn
ing. When court was opened Officer Palmer
was called to the stand. Palmer testified
concerning the arrest of Schnaubelt Officer
Palmer said that Schnaubelt could speak En-
glish, although he had strong German accent
The witness was not cross-examined.
Detective Bonneld was recalled. and testified
that he was present when Spies was first arrest
ed and taken before the chief of police. he was
asked to relate the conversation which occurred
then. Mr. Ebersold did not lay his hands on
Spies threaten him in any manner such as
stated by Spies. The assistant States attorney
was called to the stand. The States attorney
desired to have him testify concerning the stuff
taken from the Arbeter Zeitung Office, which he
had charge of. He also desired to offer in evil
dence proof-sheet Of the column in which the
word s'Ruhe" was inserted. The defense object
ed and the objection was sustained. Mr.. Grin
nell then announced that the State rested
After consultation the defense announced that
they had neglected to prove two facts. They
had desired to introduce two witnesses. one who
movements at the Haymarket, and would also
testify against the witness Thompson.
The defense said that the two witnesses
had disappeared and intimated that the prosecu-
Hon was responsible for their disappearance
Mr.. Grinnell stated that he had seen this insinu
alton in the Arbeter Zeitung and, upon seeing
1t. the State had used every means in their power
20 produce the two men. The paper stated that
pne Of them (Legner) was In Kansas City, and
the chief OF police there had been instructed
Eeveral days ago to endeavor to find him, but
could not A long discussion then took place as
TO the order in which the closing arguments
should be made It was finally decided that
Assistant States Attorney Walker should open
the argument, Zeisler, of the defense. to follow,
TO be succeeded by Ingraham for the prosecu-
ton, Foster and Black for the defense. and Grin
nell to close for the State in the order named.
This result was not arrived at without consider
Gble discussion.
Mr.. Walker began by saying In this Republic all
men stood equal before the law, and when the per-
petrator of any crime stood before the bar for
trial, the goddess OF Justice was indeed blind
until his guilt had been proven. No matter
whether he was Socialist or an Anarchist the
very law which he had desired to throttle now
ytood as his protector until his guilt was shown
and in this case the proof had made the defend
ants guilty beyond any shadow of a doubt. Mr.
Walker then addressed himself to the jury, to
which he paid the usual compliments. He next
called their attention to several definitions of
the phrase beyond reasonable doubt" He
quoted from a number Of authorities to show
shat when the mind Is convinced as to the guilt
OF defendant. no fear of the punishment the
Jury might be called upon to impose should
affect their punishment in declaring the guilt Of
She criminal
Mr.. Walker said ga reasonable doubt ia one
which rises from careful analysis of the testi-
mony. When q man is convinced of the guilt of
person. then he is guilty beyond reasonable
doubt The jury is not allowed to dsbelieve, as
Jurors, if they believe men. The oath you
have taken imposes no obligation on you to
doubt where you would not doubt had no oath
been imposed" Mr. Walker read from authori
fss defining the word murder" the crime with
which the defendants in this case are charged.
and quoted to show that anyone who aids
assists, or encourages a murder shall bedeemed
guilty, and be punished accordingly, and whether
the principal is punished before or after. or at
ALL those who assisted aided. or encouraged are
equally guilty. and shall be deemed guilty of
murder. He then quoted from the speech of
Mr.. Solomon, OF the defense, in which the latter
said that if the defendants were guilty of con-
spiracy, convict them of conspiracy, not of MUIR
der, and he further read from Mr.. Salomon'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 yet the counsel asked il they had
murdered many people.
The speaker then paid glowing tribute to the
heroism of the police the night of the Haymar-
ket riot, and said it was only account of their
bravery and action under their leader-Inspector
Bon6eld-that many were not murdered and the
social revolution for which the defendants ad
NIT they bought dynamite and arms accom-
plished Mr. Walker read from the laws OF Illi-
nois showing that when three or more persons
conspired to do an unlawful act and in further
Rnce OF said conspiracy the unlawful act was
committed, the conspirators were guilty, wheth-
Or they were present when the act was COM
3nitted or not land that said Mr.. Walker lis
why these men are guilty. and they are guilty.
The defendants lawyer said these men had only
been guilty or conspiracy / agree with Mr..
Solomon that the defendants were guilty of con-
Bpiracy, but do not agree with him that they
should be punished Only for conspiracy The result
of their conspiracy was the throwing of the
bomb which resulted in the death of Matthias
began. and the punishment for murder is death"
Mr Walker read from decision rendered by
the Supreme Court of Illinois in the case of
Brennan against the people. In this case the
counsel for four men who had been found guilty
Of murder took the case up to the Supreme
Court, on the ground that it had not been shown
that the defendants had themselves actually
participated in the murder The court on this
point held that they might be found guilty of
murder although they took no part in the kill
ing. It was sufficient that they conspired to do
che unlawful act If several persons conspire to
do an unlawful act, and death hannens in the
prosecution OF that conspiracy, all are alike
guilty of the homicide, and he who advises ana
encourages another to do the unlawful act is
guilty and responsible for all consequences of