The great West. [volume] (St. Paul, Minn.) 1889-18??, 1893-11-17

lice to- and further that he never had or used
revolver in his life. But there any doubt about
the fact that the evidence charging Fielder with having
used revolver is unworthy of credit it is removed by
Judge Gary and States Attorney Grnnel. On Novem-
Der g. 1887 when the question OF committing the death
sentence to Fielder before the governor Judge
Gary wrote long letter in regard to the which,
in speaking OF Fielden he among other things, says:
There is in the nature and private character of the
man love of justice mpatience at undeserved sui
ferings In his private life he was the hon
est Industrious and peaceful laborng In what he
said in court before sentence he respectful and de-
corous His language and conduct since have been r-
reproachabe As there is evidence that he knew of
any preparation do the specific act of throwing the
bomb that killed Degan, he does not understand even
that general advice to large to do violence
makes him responsible for the violence done by
of that advice. In short, he was
more misguided enthusiast than a criminal con-
OF the horrible and effect OF his teachings
and of his responsibility therefor
The states attorney appended the foregoing letter
beginning follows: "While endorsing and approving
the foregoing statement by Judge Gary, wish to add
thereto the suggestion = that Schwabs conduct
during the trial and when addressing the court before
sentence like Fiedens decorous, respectful to the
law and commendabe. 1t is further my desire
to say that believe that Schwab was the plant weak
tool of stronger will and more designing person.
Schwab seems to be friendess."
If what Judge Gary says about Fielder is true; if
Fielder has natural love OF justice in his private
life the honest, Industrious and peaceable laborng
man, then Fiedens testimony is entitled to credit, and
when he says that he did not do the things the police
charge him with doing and that he had used
revolver in his e it is probably true especially he
is corroborated by number Of credible and dsnterest
ed witnesses.
Again, if Fiellen did the things the police charged
wit no irp6 thpma thnnJ
he not misguided enthusiast who was to be
held only for the consequences of his teachings, and if
either Judge Gary or States Attorney Grinnel had
placed any reliance the evidence of the police this
point they would have written different kind Of let
ter to the then executive
In the fall of 1887 number of the most prominent
business men OF Chicago NJ neither or not
to ask executive c mency he condemned
men. Mr. Grnnell was pl lie speech in
which in referring to this that he had
serious doubts whether FL oliver that
occasion or whether indeed ad One
Yet in arguing the CASE --------r. eme court the
previous spring much stress placed by the state
the evidence relating to what Fielder did at the Hay
market meeting and that court msled into attach
ing great Importance to it.
| 1t is clear that there is made out
against Fielder for anything that he did that night
and heretofore shown in order to hold him and the
other defendants for the consequences and eff of
having given pernicious and criminal advice to large
masses to commit violence, whether orally in speeches
in print, it must be shown that the person commit
ting the violence had read heard the advice for until
ne had heard read it he did net receive and if he
received the advice it not be said that he act
ed on it.
STATES ATTORNEY ON NEEBE'S INNO-
CENCE.
At the conclusion of the evidence for the state the
Hon. Carter H. Harrison, then mayor of Chicago, and
NJ %hono s.
go in the and had conversation with
Mr.. Grnne the states attorney in regard to the ey
dence against Neebe in which conversation according
to Mr. Harrison and Mr. Winston, the states attorney
said that he did think he had against Neebe
and that he wanted to dismiss him, but was dis
suaded from doing by his associate attorneys who
feared that such step might influence the jury in favor
of the other defendants.
Mr.. HARRISON in letter. among other things says
II present in the court when the state closed
it's The attorney for Neebe moved his discharge
on the ground that there evidence to hold him
on. The states attorney Mr.. Julius S. Grnnell and
Mr.. Fred S. Winston, corporation counsel for the city
and SELF in earnest conversation when the mo-
ton was made Mr.. Grinnel stated to us that he did
not think there sufficient testimony to convict
Neebe. thereupon earnestly advised him. the repre-
of the state dismiss the as to Neebe
and it remember rightly he seriously thinking of
doing so, but consultation with his assistants and
on their advice he determined lest it would
Injurious effect the case as against the other
prisoners. I took the position that such dis
charge being clearly justified by the testimony would
not prejudice the to the Others"
Mr.. Winston adds the following to Mr.. Harrison's
letter:
March 21, 1889.
concur in the statement of Mr. Harrson never |
believed there sufficient evidence convict Mr.
Neebe. and SO stated during the trial. F. WINSTON
Tn .Tannarv 1890 Mr. Grnnel1 wrote latta tn |