MR. FOSTER FOR THE DEFENSE.
Mr. Foster, who followed for the defense, had not lived long in Chicago. He came in March from Davenport, Iowa, near which city he was born about forty years ago. He is of medium height and square build. His features are refined and intellectual. An abundant growth of rich auburn hair adorns his shapely head. Mr. Foster obtained considerable fame as a lawyer in his native state, took an active part in politics, and was one of the Blaine Electors in 1884, and was very active in the campaign of that year. After having made an energetic and finely-eloquent plea to the jury to cast aside all prejudice arising from hatred of the principles of the Anarchists, love of and loyalty to the land, inherent patriotism, and the teachings of the popular press, Mr. Foster proceeded, in order to set himself right, to tear down without apology the theory of the defense set up by Messrs. Salomon & Zeisler. He had no defense to make for Socialism—it is dangerous; Communism is pernicious, and Anarchism is damnable. Lingg had manufactured bombs, and he ought to be punished therefor; but he was on trial for throwing, not manufacturing bombs. Spies, Schwab and Fischer had no business to preach social revolution in America. If they were not satisfied with the state of things here they ought to have gone back to Germany and tried to reform things there. Mr. Fielden might have found occupation in teaching his brother Englishmen to be just to Ireland. Parsons he rebuked in an eloquent passage for his lack of patriotism. Having thus skillfully set himself right with the jurors, Mr. Foster proceeded to define the issue of the trial as he understood it, and as he wished the jury to understand it. He admitted the moral responsibility of some of the prisoners for the crime. He denied their legal responsibility.
“Our law knows no citizenship when a defendant is brought to the bar of justice. Our law is grand enough, our law is broad enough, the principles upon which our Government is founded are such that it matters not whether he be French, German, Irish, Italian, or wherever his birthplace may be. All men are equal before the law. They are all citizens of the United States except Louis Lingg. I believe the testimony shows that he has been in the country two years. I think that Spies said he came here in infancy. I know as a matter of fact that Neebe, born in the state of Pennsylvania, never was a foreigner. Schwab has been in this country long enough to be a citizen. Whether he is or not is entirely immaterial for the purposes of this case. I know that Fielden has been here more than twenty years. I know that Fischer has been in Chicago for the last ten to twelve years, and Engel for fifteen or twenty years. What is the importance of the suggestion that they are foreigners, and Germans, except that it is important to wring from you a verdict grounded on prejudice. * * * It was an open secret that the defendants were indicted for murder, conspiracy and riot, but I will only argue the question of conspiracy so far as it relates to the crime of murder. The question of Socialism was of no importance unless it was connected with the murder of Degan, and the defendants were not being tried for any offense but that of conspiracy which resulted in the murder of Degan. The prosecution had been trying to tote the defendants out into the underbrush and assassinate them on immaterial issues; but the defendants’ counsel were too smart to be seduced by the song of the siren. Suppose Spies et. al. did conspire to overthrow society and their conspiracy stopped there, then there was nothing to argue. A verdict rendered upon anything else than a conspiracy directly connected with the outrage perpetrated at the Haymarket, would fall to the ground and amount to nothing.”
Referring to the popular clamor against the Socialists, Mr. Foster said: “Outside of you twelve gentlemen, the judge upon the bench, and counsel on either side, there is not a man in Chicago who has a right to say he has an opinion founded upon the facts in this case. If these men are to be tried on general principles for advocating doctrines opposed to our ideas of propriety, there is no use for me to argue the case. Let the Sheriff go and erect the scaffold; let him bring eight ropes with dangling nooses at the ends; let him pass them around the necks of these eight men; and let us stop this farce now, if the verdict and conviction is to be upon prejudice and general principles. We boast of our courts of justice, of our equitable law, but if the time has come, when men are to be prejudged before the trial and convicted upon general principles, all that is grand, sacred, noble and praiseworthy in our temples of justice will be destroyed. Considering the experience of us all in relation to this Haymarket tragedy, considering the facts that we know to be true, do you blame me for saying I am afraid of your passions? I am afraid of your prejudices.” Holding up the Czar bomb, Mr. Foster exclaimed in a loud voice: “Hang Spies, and Neebe, and Schwab, and Parsons, and Fielden, and Fischer, and Lingg, and Engel!” Taking up a tin dynamite can he continued: “Among other things, three tin cans were found under a sidewalk in the city. Strangle them to death, in part because these three cans were found! When were they in possession of any of the defendants? Never, so far as the testimony is concerned. When were they prepared and filled at the house of any of the defendants, or any of their associates? Never, so far as the testimony is concerned. And yet they are not only introduced in evidence, their contents examined and sworn to, but you are expected to smell them; you are asked to examine them at the risk of a headache, and they want your noses near to their tops. Why? Because they were found in the city of Chicago. And that is part of the testimony upon which the lives of these eight men are to be destroyed. But it is all in a lifetime; it is all part of the grand combination; it is all in the great conspiracy, because counsel tell us it is. Such evidence was never introduced in any court of justice in the civilized world without objection. It was said Herr Most described such things in his book on ‘Revolutionary Warfare.’ There is not a word of testimony that any of the defendants ever read that book. But that does not make any difference. They are Socialists—hang them. That does not make any difference. They are Communists—hang them; they are Anarchists—hang them. I always supposed that the lowest creature that possessed life was entitled to some consideration. I supposed there was not a thing in existence so low, so poor or loathsome, but had some rights, and I do not believe it now, except it be a Socialist, Communist or Anarchist. That puts them beyond the pale of civilization; it puts them beyond the protection of the law; it convicts them of itself.”
W. P. Black and Wife.