The advocate and Topeka tribune., 1893-07-19

ana nBQ CONVERSATION WIN MI. Orlnu6ll, In6
states attorney, in regard to the evidence
against Neebe, in which conversation, accord
ing to Mr.. Harrison and Mr. Winston, the
states attorney said that he did not think he
had a case against Neebe, and that he wanted
to dismiss as to him, but was dissuaded from
doing so by his associate attorneys, who
feared that such step might influence the
jury in favor of the other defendants
"Mr Harrison, in a letter, among other
things, says:
l was present in the court room when the
state closed its case. The attorney for Neebe
moved his discharge on the ground that there
was no evidence to hold him on. The states
attorney, Julius S. Grinnell, and Fred 5.
Winston, corporation counsel for the city, and
myself were in earnest conversation when the
motion was made. Mr.. GrjRRCil stated to as that
he did not think there ICGS sufficient testimony to
COnUict Neebe l thereupon earnestly advised
him, as the representative OF the state, to dis
miss the case as to Neebe, and, II remember
rightly, he was seriously thinking Of doing so
but on consultation with his assistants, and
on their advice, he determined not to do So
lest 1t would have an injurious effect on the
case as against the other prisoners.
took the position that such discharge, being
clearly justified by the testimony, would not
prejudice the case as to the others.
"Mr. Winston adds the following to Mr.. Har-
rison's letter:
March 21, 1851 concur in the statement OF
Mr.. Harrison. | never believed there was suf-
fcient evidence to convict Mr. Neebe, and so
stated during the trial. F. S. WINSTON
an January, 1889, Mr.. Grinnell wrote letter
to Governor Fifer, denying that he had ever
made any such statement as that mentioned
by Mr.. Harrison and Mr.. Winston also that he
did believe Neebe guilty; that Mr.. Harrison
suggested the dismissal of the case as to Neebe
and. further, that he would not have been sur
prised if Mr.. Harrison had made a similar sug-
gesTion as to others, and then he says: 1 said
to Mr.. Harrison at that time substantially that
/ was afraid that the jury might not think the
testimony presented in the case sufficient to c0Huic
Neebe, but that it aUas their propince to pass
upon it, -.
snow, if the statement of Messrs. HarrisLA
and Winston Is true, then Mr.. Grinnell should
not have allowed Neebe to be sent to the peni-
tentiary; and even If we assume that both Mr.
Harrison and Mr.. Winston are mistaken, and
that Mr.. Grinnell simply used the language he
now says he used, then the case must have
seemed very weak to him. If, with a jury
prejudiced to start with, judge pressing for
conviction, and admit the almost irresistible
fury with which the trial was conducted, he
still was afraid the jury might not think the
testimony in the case sufficient to convict
Neebe, then that testimony must have seemed
very weak to him, no matter what he may
now protest about it.
MOTION TO DISMISS NEEBEs CASE.
"When the motion to dismiss the case as to
Neebe was made, defendants counsel asked
that the jury might be permitted to retire
while the motion was being argued, but the
court refused to permit this, and kept the jury
present where it could hear all the court had
to say, then when the argument ON the motion
was begun by defendants counsel the court
did not wait to hear from the attorneys for
the state, but at once proceeded to argue the
points itself with the attorneys for the de-
PENDANTS, so that while the attorneys for the
state made no argument on the motion, twenty
five pages of the record are filed with the col
loquy or sparring that took place between the
court and the counsel for the defendants, the
court in the presence of the jury making in
situations as to what inference might be
drawn by the jury from the fact that Neebe
owned little stock in paper called the
Arbeiter ZeituRg and had been seen there, al
though he took no part in the management
until after the Haymarket troubles, it appear
ing that the Arbeiter Zeitang had published
some very seditious articles with which, how
ever, Neebe had nothing to do. Finally one of
the counsel for the defendants said: Il ex-
pected that the representatives Of the state
might say something but as your honor saves
them that trouble, you will excuse me if re-
ply briefly to the suggestions you have made
Some other remarks were made by the court,
seriously affecting the whole case and preju-
dicial to the defendants, and then, referring
to Neebe, the court said:
Whether he had anything to do with the dis