The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-08-19
Afternoon Session.

toIney Grinnell would begin the clos
ing address in the Anarchist trial upon
the assembling OF court in the after
noon had a tremendous effect upon
the public. Half an hour before Judge
Gary took his seat, the four officers on
duty at thu main entrance OF the Grim
mai Court building, were obliged to
close the doors, so great was the pres.
sure from the outside. The thousand
or more persons then striving for adj
mission were informed that the court
room was already packed to its
utmost. Several prominent lawyers,
who had watched the progress
OF the trial from its beginning were
sternly refused admission by the ex-
asperated doorkeeper, and even one
or two belated reporters whom they
knew perfectly well were forced to use
strategy to gain entrance. For the
fir time during the progress Of the
trial the galleries of the C .urtroom
were opened and they were almost in
stantly packed. 1t was some moments
before Judge Gary could secure the
quiet from the audience which he has
all along demanded. Then Mr.. Grin
nell stepped in front Of the Judges
bench and said: "May it please the
Court, gentlemen of the jury, l
shall have to ask your great indul-
gence as / approach this part
of my duly in which there is
no pleasure to me, in humility and in
fear; humility, in view of the import
ance OF the interests which ere placed,
in a measure, in my charge, and that
the ieJult may in some way depend
upon me for that l may leave undone,
or unssid something that should be
said. Therefore l shall need your
careful consideration, which l know
you will accord me-"
Mr.. Grinnell devoted the first part
of bis address to comparing the de-
fendsnts to fevolutionists, celebrated
in his Org. "Why," he said, 'these
men have been compared to George
Washington. Then, gentlemen, let
these defendants be AIKEN out OF this
co rtroom and crowned with gar
lands
A little further on Mr.. Grinneil dis
cussed the question of free speech and
referred to John Stewart Mills advo-
cscy of that right, while, however, he
declared that person waa directly
responsible for whatever unlawful
effe;ts might result from his utter
ancee.
The bearing of the defendants, which
had grown somewhat confident during
the addresses of Mr.. Foster aud Capt.
Back, changed visibly before Mr.
Grinnell had spoken dozen sentences.
From Spies to Engel the line was one
of pale faces and anxious demeanor.
Their evidences OF anxiety increased
when Mr.. Grinnell, impressing upon
the jury the great Importance of the
case, said: "When the bomb
exploded in the hay market, the
sound OF that explosion reached
all around the world. After enlarging
upon this point the States Attorney
explained to the jury the nature of the
indictment against the defendants and
the penalty which the law allowed
them to impose. The indictment was
for murder, and the penalty could be
q sentence to the State penitentiary
for any number of years over fourteen,
or the extreme penalty OF death.
While the Indictment specified the
murder OF one man, it covered the
murder of seven police officers. If
the Jury acquitted the defendants that
acquitted them OF the murder OF all
these men. The State had no appeal,
and no one OF the defendants could be
again indicted and tried for any of The
offenses covered in the present indicl-
meDt. The defendants could appeal,
however, and this state Of things
made it incumbent upon the jury 10
use due delibeTation in arriving at
their decision.
The States Attorney next turned
his attention to some portions of Capt
Blacks address. He was particularly
emphatic in his reference to Capt.
Blacks statement to the jury that it
was their prerogative to ignore if they
chose the instructions of the Court in
weighing the evidence. THAT r.
mark" declared the States Attorney,
"is the most extraordinary illustration
OF what constitutes free speech that
we have had here. In no other conE-
try would lawyer expect such dec
laration to be listened to. Gentlemen,
it is the provinces OF the Court to in
stTuct you upon the law. Bslore you
conclude to disregard these insruc-
tions let me ask you to hesitate, pause,
considerp Mr. Grinnell devoted con-
siderable time to illustrations relating
to conspiracy, and to the guilt borne
by persons who encourage or advise
Others TO commit crimes.
Mr.. Grinnell's language on this
point YVES practically the came used
BY him in opening the osse for the
State and is illustrated by the course
taken by the prosecution throughout
the progress OF the trial. When muir
ders resulted through a conspiracy, he
said, or in a crowd where the i'm.
mediate perpetrator of the crime could
not be identified, all who could be
identified with plan or purpose to
commit the crime were equally guilty
and could be convicted. II the Gaze
which the attorneys for the defense
had endeavored to establish should
prevail, no anarchist could ever
be convicted in this country.
This was because anarchists were
autonomous; each member for
himself. II these men were &C.
Quilted, the 5000 anarchists in
this country were safe to propa-
gate their doctrines by whatever
means were to their liking. Mr..
Grinnell disclaimed any desire TO in
terest or afnuse the jury, but wished,
he said, to place the facts Of the case
plainly before them.
He criticised number oil remarks
made by Capt Block, who, be said,
was eloquent and rhetorical for the
sake OF posterity, and proceeded to cor
rect him on several points with appar-