“The proof in this case, with the exception of Gilmer’s testimony, showed and shows only that the State has a case within those sections which I have last read to you, and no other, if they have a case against them at all. Now, gentlemen, I have read to you the section of the statute relating to accessories. As I have told you before, it is only the perpetrator and abettor in the perpetration of a crime who, under the decision of almost every supreme court in the United States and England, can be held.”
Mr. Salomon touched on one or two minor points and concluded as follows:
“That view of the law, that they must be proven to be accessories to the crime, is the one point only upon which the prosecution can sustain their case, and is the only one upon which this case must proceed, according to our view. Now, these defendants are not criminals; they are not robbers; they are not burglars; they are not common thieves; they descend to no small criminal act. On the contrary, this evidence shows conclusively that they are men of broad feelings of humanity, that their only desire has been, and their lives have been consecrated to, the betterment of their fellow-men. They have not sought to take the life of any man, of any individual, to maliciously kill or destroy any person, nor have they sought to deprive any man of his property for their own benefit. They have not sought to get McCormick’s property for themselves; they have not sought to get Marshall Field’s property for themselves, and to deprive Marshall Field of it feloniously, but they have endeavored and labored to establish a different social system. It is true they have adopted means, or wanted to adopt means that were not approved of by all mankind. It is true that their methods were dangerous, perhaps; but then they should have been stopped at their inception. We shall expect to prove to you, gentlemen, that these men have stood by the man who has the least friends; that they have endeavored to better the condition of the laboring man. The laboring men have few friends enough. They have no means, without the combination and assistance of their fellow-men, to better their condition, and it was to further that purpose and to raise them above constant labor and constant toil and constant worry and constant fret, and to have their fellow-men act and be as human beings and not as animals, that these defendants have consecrated their lives and energies. If it was in pursuance of that, wrought up, perhaps, through frequent failures and through the constant force exercised against them, that they came to the conclusion that it was necessary to use force against force, we know not, and we do not expect to prove nor to deny that these defendants advocated the use of force, nor do we now intend to apologize for anything they have said, nor to excuse their acts. It is neither the place nor the time for counsel in this case, nor of the gentlemen of the jury, to either excuse the acts of these defendants nor to encourage them. With that we have here nothing to do. Our object is simply to show that these defendants are not guilty of the murder with which they are charged in this indictment. But the issue is forced upon us to say whether it was right or wrong, and whether they had the right to advocate the bettering of their fellow-men. As Mr. Grinnell said, he wanted to hang Socialism and Anarchy; but twelve men nor twelve hundred nor twelve thousand can stamp out Anarchy nor root out Socialism, no more than they can Democracy or Republicanism, that lie within the heart and within the head. Under our forms of government every man has the right to believe and the right to express his thoughts, whether they be inimical to the present institutions or whether they favor them; but if that man, no matter what he advocates or who he be, whether Democrat, Republican, Socialist or Anarchist, kill and destroy human life deliberately and feloniously, that man, whether high or low, is amenable to criminal justice, and must be punished for his crime, and for no other.
“Now, what was the object of these defendants, as they are charged, in being so bloodthirsty? Their purpose was to change society, to bring into force and effect their Socialistic and Anarchistic ideas. Were they right or were they wrong, or have we nothing to do with it? As I told you, they had the right to express their ideas. They had the right. They had the right to gain converts, to make Anarchists and Socialists, but whether Socialism or Anarchy shall ever be established never rested with these defendants, never rested in a can of dynamite or in a dynamite bomb. It rests with the great mass of people, with the people of Chicago, of Illinois, of the United States, of the world. If they, the people, want Anarchy, want Socialism, if they want Democracy or Republicanism, they can and they will inaugurate it. But the people, also, will allow a little toleration of views. Now, these defendants claim that Socialism is a progressive social science, and it will be a part of the proof which you will have to determine. Must the world stand as we found it when we were born, or have we a right to show our fellow-men a better way, a nobler life, a better condition? That is what these defendants claim, if they are forced beyond the issue in this case.... In furtherance of that plan, what have these defendants done? Have they murdered many people? What was their plan when they counseled dynamite? They intended to use dynamite in furtherance of the general revolution; never, never against any individual. We will show you that it was their purpose, as the proof, I think, partly shows already, that when a general revolution or a general strike was inaugurated, when they were attacked, that then, in fact, while carrying out the purposes of that strike or that revolution, that then they should use dynamite, and not until then. If it is unlawful to conspire to carry out that thing, these men must be held for that thing. We shall show you that these men, in carrying out their plan for the bettering of the condition of the workingmen, inaugurated the eight-hour movement. They inaugurated the early-closing movement. They inaugurated every movement that tended to alleviate the condition of the workingman and allow him a greater time to his family, for mutual benefit. That is what these defendants set up for a defense. That is what they claim was their right to do, and that is what they claim they did do, and they did nothing more.
“Now, gentlemen, we don’t say that we desire to go into this proof, because we think it has nothing to do with this case, if our theory is correct; but if we are forced to show why they did these things it is simply to convince you that their objects were not for robbery, not for stealing, not to gain property for themselves, and not to maliciously or willfully destroy any man’s good name or his property interests.
“We expect to show you, further, that these defendants never conspired, nor any one of them, to take the life of any single individual at any time or place; that they never conspired or plotted to take, at this time or at any other time, the life of Mathias Degan or any number of policemen, except in self-defense while carrying out their original purpose. We expect, further, to show you that on the night of the 4th of May these defendants had assembled peaceably, that the purpose of the meeting was peaceable, that its objects were peaceable, that they delivered the same harangue as before, that the crowd listened, and that not a single act transpired there, previous to the coming of the policemen, by which any man in the audience could be held amenable to law. They assembled there, gentlemen, under the provision of our Constitution, to exercise the right of free speech, to discuss the situation of the workingmen, to discuss the eight-hour question. They assembled there to incidentally discuss what they deemed outrages at McCormick’s. No man expected that a bomb would be thrown; no man expected that any one would be injured at that meeting; but while some of these defendants were there and while this meeting was peaceably in progress, the police, with a devilish design, as we expect to prove, came down upon that body with their revolvers in their hands and pockets, ready for immediate use, intending to destroy the life of every man that stood upon that market square. That seems terrible, gentlemen, but that is the information which we have and which we expect to show you. We expect to show you further, gentlemen, that the crowd did not fire, that not a single person fired a single shot at the police officers. We expect to show you that Mr. Fielden did not have on that night, and never had in his life, a revolver; that he did not fire, and that that portion of the testimony here is wrong. We expect to show you further, gentlemen, that the witness Gilmer, who testified to having seen Spies light the match which caused the destruction coming from the bomb, is a professional and constitutional liar; that no man in the city of Chicago who knows him will believe him under oath, and, indeed, I might almost say that it would scarcely need even a witness to show the falsity of his testimony, because it seems to me that it must fall of its own weight. We expect to show you, gentlemen, that Thompson was greatly mistaken; that on that night Schwab never saw or talked with Mr. Spies; that he was at the Haymarket early in the evening, but that he left before the meeting began and before he saw Mr. Spies on that evening at all. We expect to show that Mr. Parsons, so far from thinking anything wrong, and Fischer, were quietly seated at Zepf’s Hall, drinking, perhaps, a glass of beer at the time the bomb exploded, and that it was as great a surprise to them as it was to any of you. We expect to show you that Engel was at home at the time the bomb exploded, and that he knew nothing about it. With the whereabouts of Lingg you are already familiar. It may seem strange why he was manufacturing bombs. The answer to that is, he had a right to have his house full of dynamite. He had a right to have weapons of all descriptions upon his premises, and until he used them, or advised their use, and they were used in pursuance of his advice, he is not liable any more than the man who commits numerous burglaries, the man who commits numerous thefts, who walks the streets, is liable to arrest and punishment only when he commits an act which makes him amenable to law.
“I did not expect to address you concerning Mr. Neebe, and it is unnecessary for me to make much comment on that, but we will show you that Mr. Neebe did not know of this meeting, that he was not present, that he was in no manner connected with it, and there is no proof to show that he was. We will also prove to you, gentlemen, that Mr. Fielden did not go down the alley, as some of the witnesses for the State have testified, but that he went down Desplaines Street to Randolph, and up Randolph, as, indeed, if my memory serves me right, the statements made by Mr. Fielden immediately after the occurrence already sufficiently show.
“Now, gentlemen, in conclusion, as I stated to you a moment ago, we do not intend to defend against Socialism, we do not intend to defend against Anarchism; we expect to be held responsible for that only which we have done, and to be held in the manner pointed out by law. Under the charge upon which these defendants are held under this indictment, we shall prove to you, and I hope to your entire satisfaction, that a case has not been made out against them. Whether they be Socialists or whether they be Anarchists we hope will not influence any one of you, gentlemen. Whatever they may have preached, or whatever they may have said, or whatever may have been their object, if it was not connected with the throwing of the bomb it is your sworn testimony to acquit them. We expect to make all this proof, and we expect such a result.”
On the Monday following, being the 2d of August, the defense began its testimony. The first witness introduced was Carter H. Harrison, then Mayor of Chicago. His evidence was as follows: