The advocate and Topeka tribune., 1893-07-19
WEBER GASOLINE ENGINE.


and by facts and circumstances that this evil
dence must be absolutely untrue. A number
of newspaper reporters who testified on the
part Of the state, said they were standing near
Fielden, much nearer than the police were
and heard all that was said and saw what was
done; that they had been sent there for that
purpose, and that Fielden did not make any
such threat as the police swore to, and thathe
did not use a revolver A number OF other
men who were near, too, and some OF them on
the wagon on which Fielden stood at the time,
sWore to the same thing. Fielden himself
swears that he did not make any such threats
as the police swOre to, and further that he
never had or used a revolver in his life. But
II there we're any doubt about the fact that
the evidence charging Fielden with having
used revolver is unworthy Of credit, 1t is re-
moved by Judge Gary and States Attorney
Grinnel on November8 s, 1887, when the ques-
tion of committing the death sentence as to
Fielden was before the governor. Judge Gary
wrote a long letter in regard to the case in
which, in speaking of Fielden he, among other
things, says:
There is IN the mature and priUGte character Of
the man lore Of justice a" ,mpatI.e@sG9e zee al mn@G
SgrUed SUterjngS. IN ms OWRpTI-
rate life he lUaS the honest Industrious and peace
flJ Ia6Oring man. In WhGt he said IN court before
sentence he lOdS respectful and deCOrOuS. HIS Ian
gudgG and conduct since hare been trTepr0dchd06.
As there is no evidence that ne kneO Of any prepd
ration 10 do the specific act of UtrOW5ng the OOmO
that killed DCgdR he does not understand ereR nOW
that general GdUice to LOrge masses TO do violence
makes him responsible for the viote"ce d gone I Dy
he rCas More a misgWiied enthusiast than crimi
nal conscious of the horrible nature and effect OF
his teachings and Of hisrespOnsibiHty therefor.
STATES ATTORNEYS LETTER
"The states attorney appended to the fore
going letter beginning as follows:
While indorsing and approving the fore
going statement by Judge Gary, wish to add
thereto the suggestion that SChWaDs
conduct during the trial and when addressing
the court before sentence, like Fleldens, was
decOrous, respectful to the law and commend
able 1t is my further desire to say
that believe that SchWab was the plant,
weak tool Of stronger will and more design
ing person. Schwab seems to be triendless.
"If what Judge Gary says about Fielden is
true il Fielden has "a natural love Of justice,
and in his private life was the honest indus
trious and peaceable labOring man, then
Fielden's 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
never had or used revolver in his life, 1t is
probably true, especially as he is corroborated
\ by number of credible and disinterested
witnesses.
"Again, if Fielden did the things the police
charged him with doing, if he fired on them as
they swear, then he was not mere misguided
enthusiast, who was to be held only for the
consequences Of his teachings, and If either
Judge Gary or States Attorney Grinnell had
placed any reliance on the evidence of the po-
lice on this point they would have written a
different kind Of letter to the then executive.
"In the fall of 1887 number Of the most
prominent business men Of Chicago met to
consult whether or not to ask executive
clemency for any of the condemned men. Mr..
Grinnell was present and made speech, In
which In referring to this evidence he said
that he had serious doubts whether Flelden
had revolver on that occasion or whether
indeed Fielden ever had one.
"Yet in arguing the case before the supreme
court the previous spring, much stress was
placed by the state on the evidence relating
to what Fielden did at the Haymarket meet
ing, and that court was misled into attaching
great Importance to it.
at is now clear that there is no case mace
out against Fielden for anything that he did
on that night, and, as heretofore shown, in
order to hold him and the other defendants
for the consequences and effects OF having
given pernicious and criminal advice to large
masses to commit violence, whether orally in
speeches or in print, it must be shown that
the person committing the violence had read
-. or hoard the advice for until he heard or read
it he did not receive, and If he never received
the advice it cannot be said that he acted
on il.
JUDGE GRINNELL ON NEEBE's INNOCENCE
AT the conclusion Of the evidence for the