“If the defendants attempted to overthrow the law by force and threw the bomb, then the defendants who were in the conspiracy were guilty of murder. If there was an Anarchistic conspiracy, and the defendants were parties to it, they are guilty of murder, though the date of the culmination of the conspiracy was not fixed. If any of the defendants conspired to excite by advice people to riot and murder, such defendants are guilty if such murder was done in pursuance of said conspiracy; the impracticalness of the aim of the defendants is immaterial.
“Circumstantial evidence is competent to prove guilt, and if defendants conspired to overthrow the law and Degan was killed in consequence, the parties are guilty, and it is not necessary that any of the defendants were present at the killing.
“All parties to the conspiracy are equally guilty. Circumstantial evidence must satisfy the jury beyond reasonable doubt. In such case the jury may find defendants guilty. When defendants testified in the case they stood on the same ground as other witnesses.”
THE VERDICT.
The jury retired at 2:50 o’clock Thursday, August 19. The first intimation that an agreement had been reached was when word was sent to the Revere house to prepare supper for the jury, it having been understood that unless a decision as to the fate of the prisoners was reached before 10 o’clock, supper would not be served at that time. Friday morning the excitement of the crowd in front of the Criminal Court building was something intense while the verdict was being awaited. There was none of the joking and laughing that is heard on the only other occasion that brings a mob to stand without those dreary walls—the execution of a convicted criminal. Such conversations as were held were in a low tone, and related solely to the one topic—the probable conviction of the eight prisoners who were waiting for the hour which was to mean life or death to them. Both sides of the street were lined with people who awaited anxiously for some tidings from the court within. An army of bailiffs and policemen guarded the big doors, and the surging masses were only kept back by sheer force. The limited number who obtained admission to courtroom were the reporters and the immediate friends and relatives of the defendants. The gaily-dressed women who had attended the trial since the start were not there. The court officials decided that the relatives of the prisoners should be allowed in the courtroom, and at 9:15 o’clock the sister of Spies, with another young woman, made her appearance. Shortly afterward the mother of Spies, accompanied by a younger son, also entered the courtroom and took a seat on the back benches. At 9:20 Mrs. Parsons entered the courtroom, accompanied by a woman who attended her throughout the trial. She was given a seat between two policemen. The row of seats farthest removed from the judge were occupied by a force of police officers. Next below, seated in the order named, were Henry Spies; Mrs. Spies, the prisoner’s mother; Miss Spies; Chris Spies, and a young lady friend. Next below was Mrs. Martin. The ladies looked anxious. Mrs. and Miss Spies and Mrs. Parsons looked worn out, though the latter tried to appear unconcerned, and occupied her time in reading newspapers. It was 9:50 o’clock when the Judge came in. He looked nervous and excited. He was barely seated when Captain Black entered. The Captain took a seat near his wife. He had just paid a visit to his clients.
“Are they prepared for the worst?” asked Mrs. Black, anxiously.
“Prepared!” repeated the Captain. “Yes; fully prepared to laugh at death. They talk about the matter much more coolly than I can.”
A moment or two later the prisoners were brought in. They were not given their usual seats, but placed in a row on a bench against the wall at the Judge’s left, in the narrow aisle leading to the passage way to the jail. They sat in the same old order. Spies was at the head, next to the judge. All looked haggaredhaggard and excited. Even the usually stoicialstoical face of Lingg wore an expression of anxiety. Fischer was deathly pale and trembled visibly. These pale and trembling wretches were the braggarts who a few short weeks before were boldly proclaiming the doctrines of Socialism and Anarchy on the Lake front, in Zephf’s hall and the beer saloons of the North and West sides. They were the men who were advocating force and the use of dynamite, and the total annihilation of law and order, the theft of property, and murder of citizens. Their vapid mouthings were thrust upon assemblages of decent working men, their policy was Communism, their banner was the banner of blood, and their teachings were death and destruction. Bold and fearless as lions they appeared when indulging in flights of incendiary oratory. Like dumb, obedient beasts they bowed in submission before the most powerful scourge the law can wield—the death verdict.
The jurymen filed in and took their seats in the jury box. They looked determined and resolute. There was a death-like silence in the court. In a low voice the Judge asked: “Gentlemen, have you agreed?” F. E. Osborne, the foreman, rose and replied: “We have, your honor.” Taking out two sheets of foolscap from his side coat-pocket, he handed them to Clerk Doyle, who glanced at them and handed them to the Judge, who slipped them apart, trembling so that the leaves shook violently. A whispered consultation between the Judge and the Clerk followed, and the document was returned to Mr. Doyle, who read: