The Socialists of New York held indignation meetings denouncing the verdict and expressing sympathy with their unfortunate brethren of Chicago. Mrs. Black, in a letter dated Sept. 22, prophesied that in case the sentence was executed widespread revolution and destruction of property and life would immediately be inaugurated. On the 27th Capt. Black served a notice upon State’s Attorney Grinnell for a new trial, on the ground that the verdict was not in keeping with the law; also that the court had allowed improper testimony, and had erred in his instructions. 1,191 men were called to serve as jurors in the case before the twelve eligible men were secured, and even then it was claimed by the defense that only ten of the twelve were competent.
On Friday, Oct. 1st, the Attorneys for the defense began their arguments for a new trial, drawing largely upon their imaginations to supply evidence in the case. They endeavored to introduce false affidavits from one Orrin Blossom, of No. 2,961 Wentworth Avenue, and A. Love, of La Grange, to impeach the testimony of Gilmer. But the wary State’s Attorney Grinnell had one move to make which blocked their game. He had counter affidavits from Orrin Blossom and Love proving that Love was not in the city on the night of the Haymarket riot after six o’clock, and that he never saw Harry Gilmer.
Three days were spent by the defense in arguing their claims for a new trial, and on October 7th Judge Gary rendered his decision in the case in the following language:
THE MOTION FOR A NEW TRIAL OVERRULED.
Judge Gary said:
“In passing upon this motion for a new trial the case is so voluminous, there is such a mass of evidence, that it is impossible, within anything like reasonable limits, to give a synopsis or epitome. I do not understand that either upon the trial before the jury or upon the arguments of this motion before me there have been any arguments tending or intended to deny that all of the defendants, except Neebe, were parties to whatever purpose or object there was in view—that the other seven were combined for some purpose. I, of course, do not wish to attribute to the defendants’ counsel any admissions which they have not made, but my impression is that there has been no argument tending or intending to deny that all the other seven, except Neebe, were engaged in the pursuit of some object. What it is, the counsel have debated before the jury and before me. Now, it is important to know what that object was, whether it was as counsel for defense have stated—merely to encourage working men to resist, if unlawful attacks were made upon them—or whether it was something else. There is no better way to ascertain what the object was, than to read what they have spoken and written as the object, while the events were transpiring. Now, from the files of their newspapers, which go back a good way, a good deal can be taken, which must of necessity be taken as the truth of what their object was. I have not had time and opportunity to arrange either the translations of the Arbeiter Zeitung or the files of the Alarm, and pick out those which in the fullest shape show what they were proposing to do. These translations from the Arbeiter Zeitung now come to my hands for the first time. I have here a translation of the Arbeiter Zeitung, January 11, 1885, headed ‘To Arms’.”
The Court proceeded to read numerous and lengthy extracts from translations offered in evidence of articles in the Arbeiter Zeitung, in which revolution by force was advised, and the approaching revolution, it was declared, would be greater than that of the last century. Among the extracts read were the following:
“Dynamite! Of all stuff, this is the stuff.”
“The day draws near when the working people of America, in an outburst of passion and ungovernable rage, will revolt and demand the total abolition of the existing state of things which brings to the working classes so much misery and death. Have you all prepared yourselves with knives, pistols, guns and dynamite for the unavoidable conflict between labor and capital?”
“It was decided at the last mass-meeting at No. 54 West Lake street that the next meeting will be devoted to the consideration of the military laws and necessity of using force in the warfare between capital and labor.”