The Programme of the Defense—Mayor Harrison’s Memories—Simonson’s Story—A Graphic Account—A Bird’s-eye View of Dynamite—Ferguson and the Bomb—“As Big as a Base Ball”—The Defense Theory of the Riot—Claiming the Police were the Aggressors—Dr. Taylor and the Bullet-marks—The Attack on Gilmer’s Veracity—Varying Testimony—The Witnesses who Appeared.
MR. MOSES SALOMON opened the case for the Anarchists on Saturday, July 31. He proceeded to state that the defendants had steadily refused to believe that any man on the jury would be willing to convict any of the defendants because of being an Anarchist or a Socialist.
“Mr. Grinnell,” said Mr. Salomon, “failed to state to you that he had a person by whom he could prove who threw the bomb, and he never expected to make this proof until he found that without this proof he was unable to maintain this prosecution against these defendants; and it was as this case neared the prosecution end of it that the State suddenly changed front and produced a professional tramp and a professional liar, as we will show you, to prove that one of these defendants was connected with the throwing of it. They then recognized, as we claimed and now claim, that that is the only way they can maintain their case here.”
Mr. Salomon next directed the attention of the jury to the charge against the defendants and said:
“As I told you a moment ago, they are not charged with Anarchy; they are not charged with Socialism; they are not charged with the fact that Anarchy and Socialism is dangerous or beneficial to the community; but, according to the law under which we are now acting, a charge specific in its nature must be made against them, and that alone must be sustained, and it is the duty of the jury to weigh the evidence as it bears upon that charge; and upon no other point can they pay attention to it. Now, gentlemen, the charge here is shown by this indictment. This is the accusation. This is what the case involves, and upon this the defendants and the prosecution must either stand or fall. This indictment is for the murder of Mathias J. Degan. It is charged that each one of these defendants committed the crime, each defendant individually; and it is charged in a number of different ways. Now, I desire to call your attention to the law governing this indictment and to read it to you; and I am presenting the law to you now, gentlemen, so that you can understand how we view this case and how the evidence is affected by what the law is.”
Mr. Salomon then read the law touching murder and the statute on accessories and explained:
“The law says, no matter whether these defendants advised generally the use of dynamite in the purpose which they claimed to carry out, and sought to carry out, yet if none of these defendants advised the throwing of that bomb at the Haymarket, they cannot be held responsible for the action of others at other times and other places. What does the evidence introduced here tend to show? It may occur to some of you, gentlemen, to ask: ‘What, then, can these defendants preach the use of dynamite? May they be allowed to go on and urge people to overturn the present government and the present condition of society without being held responsible for it and without punishment? Is there no law to which these people can be subjected and punished if they do this thing?’ There is, gentlemen, but it is not and never has been murder, and if they are amenable, as the evidence introduced by the prosecution tends to show, it is under another and a different law, and no attempt on the part of the prosecution to jump the wide chasm which separates these two offenses can be successful unless it is done out of pure hatred, malice, ill-will, or because of prejudice. The law protects every citizen. It punishes every guilty man, and according to the measure of his crime; no more and no less. If a man be guilty of conspiracy, or if he be guilty of treason, he is liable to punishment for that offense, and not for a higher one. This is what the people of the State of Illinois have said, and that is their law. That is what they want enforced, and that is what I stand here for as the advocate of these defendants. I claim for them, and for the entire people of this State, that the law shall be applied as it is found, and as they have directed it to be enforced. Now, what is the statute on conspiracy, of which these defendants may be guilty, if they are guilty of anything?”
MOSES SALOMON.
From a Photograph.
He next read the law with reference to conspiracy and proceeded: