Omaha daily bee., 1906-11-07
FAMOUS TRIAL RECALLED.
supreme Event In the Life of the Late
Judge Gary.


Minneapolis Journal
The sudden death of Judge Gary in Chi
cago, after a continuous service on the
bench Of forty-three years, serves to re-
call the fact that even in republics some
men attain a position OF mastery over
the community which continues them I'm
responsible place through all the strange
vicissitudes of politics. Judge Gary was
first elected in 1853 and served as Judge
up to the day of his death He was
usually nominated by both parties, but
even when this did not happen, II was
taken for granted that he would be elected
and he always was.
The supreme event in Judge Gary's long
judicial career was the trial of the Hay
market anarchists in 1885 It was of
course trial which made the most OF
the deep-seated differences between
Americans. On the one side were men
who held that the anarchists were being
tried for their opinions; that through
them the freedom of speech was being
attacked by the element which distrusted
popular institutions. On the other was
the sentiment that they were bloody as
sassins who were seeking TO introduce
into America the idea of Russian nih-
ilism.
Under the circumstances 1t could not
be but the rulings of the presiding judge
would be closely watched and the least
bias would be narrowly noted. Judge
Gary ruled fairly. but he ruled fearlessly
and practically took his life in his hand.
When the anarchists were convicted he
sternly sentenced them TO death He was
attacked fiercely as a tool of the aristo-
Gratis. but kept silence. Only once did
L H..
after the trial, when he wrote a magazine
article dealing with the case in which ne
| expressed his conviction that the an
srehists were properly punished. mot for
| opinions but for abhorrent deeds" In
sentencing Spies, Parsons and their COM
/ rades he used this language:
Zach man has a full right to advo-
cate by speech OF print such opinions as
suit himself, but IL he proposes murder as
means of enforcing them he puts his
own life at stake; and no clamor about
/ free speech or evils to be cured or wrongs
10 be redressed will shield him from the
/ consequences Of his crime. His liberty is
not a license TO destroy"
This sounds brave and IL was brave,
but Il must be remembered that the an
archists were poor and contemplate,
though dangerous members OF the COM
munity When we witness the spectacle
Of man who almost as clearly counseled
violence as Parsons. and from whose ad-
vice one dastardly crime did Indirectly
arise Offering himself for ruler Of a great
| state, We cannot but feel that the an
srehists made a mistake in not making
their propaganda broad enough. With
money and circulation and the appearance
of being defenders OF the people against
tyranny they might have achieved as great
and as safe a position Hearst But
they combined In themselves the legis-
lative and executive functions OF anarchy
They wrote and distributed the law OF
murder and they fashioned and distributed
the instruments Of death. They should
have divided their functions; the party
making public opinion should have sepa-
rated itself from the faction which hurled
the bombs. Then they might all have es-
capped and continued their work Of reform.
ing society by terrorizing Il.
Mr.. Arthur Brisbane Is a great deal wiser
and shreWder man 1han Parsons. Hesrsi
Is q smarter individual han sDieL