The Labor enquirer., 1886-09-11
Chicago's Authorities" Tread
Upon the Constitution
and Law.
The Right of the People to Over
throw Corrupt Government an
Inalienable One.
"The King Has Combined With Others
to Subject Us to Jurisdiction For
eign to Our Constitution"
For the Enquirer.

That raid on the meeting in hsymar,
ket square in Chicago. Nav 4, has taken
most remarkable form. Two hundred
police as an armed and unlawful mob
entered lawful and peaceable meeting
Cf citizens in an unlawful and threat
ening manner, and being resisted by q
single armed person, the police opened
without warning, murderous fire on
the entire congregation and kept it up
as long as a citizen could be Sc N to fire
at.
Instead of indcting, trying and hang
ing the mob of police for this ind iscrim,
mate murder of citizens, these same
guilty police, to cover up their crime,
are allowed at large to trump up evil
denCe against three Of the speakers of
that meeting and four Of their friends,
three of whom were not present, and
openly threaten the arrest and punish.
ment of all present at that meeting and
their sYmpathizers. The police are
aided and abetted in this by reporters,
detectives, district attorney aud his
assistants, and by Judge Of the superior
court, and applauded by every capitalist.
The character of this enormous crime
has no parallel in all history.
Lest it may be thought that l do not
understand the law l am about to q1ote,
| will state that more than twelve wears
ago | was, after rigid examination, ad
mitted to the bar of all the courts of
Massachusetts, and two years later al
mtted to practice in the courts of the
United States, and after practiCing law
in Boston tor six years | went to New
Mexico, and, passing another examina-
ton, was admitted as membe' of the
bar of all the courts Of that territory, and
| shall quote no law that DO not under
stand or that have not had spe cial oC-
CasiOn to examine.
Now, in regard to the haYmarket
strongest form, aCknOwledgD for the
sake of argument, all the state has ever
claimed against the people, and e5p4-
cialY against the eight in prison, anl
see who is guilty. Ifei her of the eight
men has violated some Law, then it may
to some extent excuse the polite IRON
tie murders they committed or caused
to be committed.
FIRST, Spies, Parsons, FIeIden AMI
Srhwab are charged with having pub
irIy advised the people to resist the
police with armed force, and publicly
instructed the people in the manufac-
ture and use ofarms aud the other four
have aided and abetted them in 50
doing.
secondly, That Lewis Lings did make
and bear arms and the others aided and
aOetted him in so doing.
Thirdly, That some person to the
court unknown obtained from said Lingg
with the same did forcibly resist the ap-
proach of the armed police when they
came to disperse public meeting on
haymarket square, and did by forcible
resistance kill one or more of said police.
Fourthly. That said unknown person
acted upon the advice and by the knoWl-
edge and consent Of the eigh; men above
mentioned.
Filthy, Tnat said unknown did not
use armed force against the individuals
killed, as individuals, but as officers Of
the law, intending thereby to begin a
Revolution or the overthrow Of the au-
thorltY of the state.
The above is exactly what the state
attempted to prove and the above Is
case in treason, and as the indictment
did not alege treason, the allegations
and the proof are at variance and the
trial was illegal. 1t is competent to al
lege murder and then prove assault and
battery or anything that leads up to
murder, but it is MT competent to
charge treason and prove murder, or
charge murder and prove treason, be-
cause they are two entirely different
crimes and the defense will be deceived
by the allegations. Conspiracy is not a
crime because me NAV consplre with
another to do many things that are not
criminal The question is, what did
they conspire to do, commit murder or
treason? And the indictment must al
Iege which, but cannot allege both, for
they may differ both in proof and pen
atty; much less alleging split the dlt-
ference" charge under the meaningless
word conspiracy"
Conspiring to murder one or more
persons is accessory before the fact to
murder, and is punishable the same al
murder, but conspiring to overthrow th'
authority of government, even by armed
force, if done through public speech anc
by publishing in public newspaper Ii
not unlawful, and proof of such speak
ing and writing is unlawful evidence
No man can be punished by law IN this
country for advocating armed resistance
to or aggression upon the authorities
Neither can the right to make. keep O
bear arms be punished even though tn