Trial of the Haymarket Eight

The trial of the defendants charged in the Haymarket affair, titled, Illinois vs. August Spies et al., which began on June 21, 1886, and went on until August 11, was conducted in at atmosphere of extreme prejudice by both public and media toward the defendants. It was presided over by Judge. Judge Gary displayed open hostility to the defendants, consistently ruled for the prosecution, and failed to maintain decorum. A motion to try the defendants separately was denied. The defense counsel included Sigmund Zeisler, William Perkins Black, William Foster, and Moses Salomon. Selection of the jury was extraordinarily difficult, lasting three weeks, and nearly one thousand persons called. In the end a jury of 12 was seated, most of whom confessed prejudice towards the defendants. All union members and anyone who repressed sympathy toward socialism were dismissed. Despite their professions of prejudice Judge Gary seated those who declared that despite their prejudices they would acquit if the evidence supported it, refusing to dismiss for prejudice. Eventually the peremptory challenges of the defense were exhausted. Frustrated by the hundreds of jurors who were being dismissed a bailiff was appointed who selected jurors rather than calling them at random. The bailiff proved prejudiced himself and selected jurors who seemed likely to convict based on their social position and attitudes toward the defendants. The prosecution, led by Julius Grinnell, argued that since the defendants had not actively discouraged the person who had thrown the bomb, they were therefore equally responsible as conspirators. The jury heard the testimony of 118 people, including 54 members of the Chicago Police Department and the defendants Fielden, Schwab, Spies and Parsons. Albert Parsons' brother claimed there was evidence linking the Pinkertons to the bomb. This reflected a widespread belief among the strikers.

Indictment
On June 4, 1886 an indictment of August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel, Louis Lingg, William Seliger, Rudolph Schnaubelt and Oscar Neebe for murder was returned by the grand jury. "Charged with making an unlawful, willful, felonious and with malice aforethought assault on the body of Mathias J. Degan causing him mortal wounds, bruises, lacerations and contusions upon his body."

July 16

 * 1) At 11 AM, Friday, July 16, the prosecution led off with the testimony of an architectural draftsman who had prepared a map of Haymarket Square and floor plans of three meeting halls. They were admitted as People's exhibits 1-4.
 * 2) Police Inspector John Bonfield testified that, following orders, between 10:00 and 10:30 PM he led a force of about 180 Chicago police who had been assembled at the Desplaines Street Station adjacent to Haymarket Square to the Square where the Haymarket rally was underway. He testified that when the force was near the speaker's wagon the "statutory order to disperse" was given by Captain Ward. The speaker complied, descending from the wagon. Bonfield testified that he heard a hissing sound behind him followed by an explosion which wounded and killed a number of policemen. He testified that immediately after the explosion that gunfire was directed at the policemen, then returned by them. He testified that in a short time the crowd had fled from the square. He also testified that he had seen two posters, one a call for a mass meeting at Haymarket Square at 7:30 PM the evening of May 4 containing the language "Workingmen Arm Yourselves and Appear in Full Force" signed "The Executive Committee," admitted as Peoples' Exhibit 5 and the other entitled "Revenge! Workingmen to Arms!!!" admitted as People's Exhibit 6
 * 3) Godfried Waller testified, in German through an interpreter, that he was a cabinet maker from Switzerland who had lived in the United States for 3 years. When asked if he was or had been a member of any "socialistic organizations", he testified, "A society called the "Lehr and Wehr Verein", a society for exercise in arms and instruction..." He testified that alerted by publication of the code letter "Y"-- "Come Monday night." in the Arbeiter Zeitung he attended a meeting of the "armed section" at Grief's Hall on May 3. He testified that 70 or 80 men attended and that he chaired the meeting. He testified regarding the content of the meeting and the decisions made. He testified as to what he was doing during the evening of May 4 during the Haymarket rally, the bombing, and thereafter.
 * 4) When Waller was asked, "Mr. Waller, did you ever have any bombs?" the defense counsel, Mr. Foster, objected, but, after an extended discussion, the question was permitted, the court taking an expansive view of what might constitute conspiracy, holding that preparations to resist the police might be conspiracy although a specific time, place, and actions were not designated.
 * 5) Waller resumed his testimony, testifying that he had received a pipe bomb from Fischer and that bombs had been distributed to others in the fall of 1883 prior to a mass meeting at Market Square on Thanksgiving Day. He testified that they were to be used if the police should attack the workingmen. He testified regarding the names of those who attended the meeting he chaired, but could remember only a few names.

July 17
Saturday 10 A.M., July 17, A. D. 1886:
 * 1) Godfried Waller resumed his testimony testifying that had attended a meeting on May 2 at which a plan proposed by the defendant Engel was adopted. He testified that the plan was that if there was a conflict with the police that the police stations were to be bombed with dynamite bombs and that survivors were to be shot when they emerged from the stations. He testified, "...bombs should be thrown into the Police stations and the rifle men of the Lehr and Wehr Verein should post themselves in line in a certain distance and whoever would come out should be shot down. Q Come out of where? A All those that would come out of the station or stations, he had said: then it should proceed in that way until we would come to the heart of the city. Q What else? A That is about all. Within the city, of course the fight should commence in earnest." On cross-examination Waller testified in response to questions about when the Engel plan was to be employed. He testified that no attack by the police was anticipated at the Haymarket rally. He testified that he was not at the rally when the bomb was thrown, but that about two weeks after the bombing he was arrested and interviewed by Captain Shaack and Mr. Furthman. He testified that although he was under indictment that he had not been arrested but had returned to the police station a number of times. He testified that he had received money for rent and living expenses and help with obtaining employment. He testified that he had attended a meeting in early June at Foltz's Hall together with other workers who had been indicted. In response to the question, "Now were you not informed at that meeting that all of you were indicted for conspiracy, but Mr. Grinnell said that he had the capiases in his pocket, and would not have them used against you, would not have you arrested as long as you would do as he pleases and make those statements that you had made before?," Waller testified that speakers at that meeting, ethnic Germans, had advised him and the other indicted workers that they should cooperate with the police, "It was said there that we should tell the truth, that that would do us more good in a suit, or the proceedings against us than if we did not. Mr. SALOMON: He said: "We were all indicted." THE INTERPRETER: O, yes---that we were all indicted: that we should tell the truth; that we were all indicted for conspiracy, and that it would be of more benefit, of greater benefit to us in the proceedings against us if we would tell the truth than if we would lie---tell the contrary. Then we were asked who were in work---who had work and who had not. Then I think one of those gentlemen present gave work, provided work for one of those that had none, that were out of work. Mr. ZEISLER: Is that all that was said? A It was said that we could get further without such means, without the shedding of blood, and that we could have carried through our movement, our agitation in favor of the eight hour law without bloodshed; that they themselves were in favor of the eight hour day."
 * 2) Bernardt Schrade, a carpenter and immigrant from Prussia who had lived in the United States for five years, testified through an interpreter that he had been a member of the Lehr and Wehr Verein, knew Godfried Waller and had attended the meeting Waller chaired on May 3 and the meeting on May 2 where it was said the workers should defend themselves if they were attacked by the police. He testified that he was at the Haymarket rally but had left when the shower started so was not there when the bomb was thrown.
 * 3) Police Lieutenant Edward J. Steele testified that he commanded a company of 25 police that were present at the time of the bombing. He testified that the police were armed but that had not drawn their arms when the order to disperse was given. He testified that immediately after the bomb exploded persons in the crowd fired on the police who then returned fire. He testified that Captain Ward who was in front of him gave the order to disperse, that the bomb landed behind, and that 7 of his men were wounded.
 * 4) Police Lieutenant Martin Quinn testified that he commanded a company of 24 police and was in the first rank of the police positioned to the left of Lt. Steele's company. He testified that his men were armed but had not drawn their weapons, that he heard Captain Ward tell the crowd: "I command you in the name of the People of the State of Illinois, as an unlawful assembly, to disperse, and I call upon citizens, you and you, present, to assist me in so doing", that immediately there was an explosion, and that he observed the crowd, including defendant Fielden whom he saw fire one shot, fire at the police. He testified that the police returned fire, that 14 of his men were injured either by bullets or shell fragments, and that two died.

July 19
Monday, July 19, 1886, 10 AM:
 * 1) Police Lieutenant James P. Stanton testified that he commanded a company of 18 police, that he was in the center of the formation in the second rank, and that the "shell" landed about four feet to his left in the center of his company. He testified that most, if not all, of his company were wounded and that two, including Methias J. Degan, died, and that he himself was wounded in eleven places and was hospitalized for over two weeks. He testified that he saw the bomb in the air and on the ground, that it was about three inches in diameter, about the size of a baseball, and that it had a fuse. He testified that the police were armed but had not drawn their weapons when the bomb exploded. He testified that he drew his weapon and returned fire after the bomb exploded.
 * 2) H.F. Krueger testified that he was a police officer in Lt. Steele's company, that he was at right front of the formation, and that after the explosion he saw Fielding fire two shots in the direction of the police.
 * 3) John Wessler testified that he was a police officer in Lt. Bowler's company to the right in the second rank, that he saw the bomb, and that about 100 shots were fired by persons in the crowd at the police. He testified when he ran towards the speaker's wagon he saw Fielding shooting toward the police from the cover of the wagon and that he shot Fielding. He was closely cross-examined regarding his identification of Fielding as being the person he saw shooting as when he previously made his report he had not named the man he shot as Fielding.
 * 4) Peter Foley testified that he was a police officer in Lt. Bowler's company on the right side of the formation, that he saw the bomb in the air and its lighted fuze, that immediately following the blast that persons in the crowd fired on the police, and that he, on orders, returned fire. He testified that after running forward he observed Wessler shooting at a person who was laying beneath the wagon.
 * 5) Luther Moulton testified that he was an official in the Knights of Labor in Grand Rapids, Michigan. He testified that in February, 1885 August Spies explained his theories of social revolution to him on the occasion of Spies and Moulton speaking at labor meeting and testified as to his recollection of those theories.
 * 6) George W. Shook testified that he was employed in a factory in Grand Rapids, Michigan, that he was a witness to a conversation between Luther Moulton and August Spies regarding Spies's theories of social revolution, the state of preparedness of the workers of Chicago, and plans for additional organization of workers. He testified as to his recollection of the conversation.
 * 7) Police Lieutenant James Bowler testified that he commanded a company of police which was in the second rank to the right of the formation, that he heard Captain Ward command the meeting to crease and disperse, that the bomb landed in the midst of his company, and that his company suffered 18 casualties, 15 wounded, 3 dead. He testified that the police were armed but had not drawn their weapons at the time of the explosion. He testified that after the explosion he saw firing from the vicinity of the speakers wagon and from the crowd and returned fire.
 * 8) Louis C. Baumann testified that he was a police officer who was in the front of the police formation about sixth from the right and about three or four feet from the speaker's wagon when the notice to disperse was given and the bomb exploded. He testified that he saw Fielden speaking from the wagon then after the explosion saw him firing a revolver from a position on the sidewalk behind the wagon wheel. On cross-examination he admitted he had never seen Fielden before that night and that he had been told by other officers that the last speaker was Fielden, however he had seen his picture in the newspaper.
 * 9) Edward John Hanley testified that he was a police officer in Lt. Steele's company in the first rank, fourth from the right, and about five feet from the speaker's wagon. He testified that after the explosion he saw Fielden firing a revolver and that Fielden then fled into the alley with other men who were also firing toward the police.
 * 10) James K. Magie testified that he had attended a public meeting at the Twelfth Street Turner Hall on October 11, 1885, that the meeting was attended by Fielden and August Spies, and that Spies had proposed a resolution which advocated the use of force which he, Magie, had opposed. However, he could not remember the contents of the resolution, testifying "that is the only point that is clear in my mind--that in substance the resolutions proposed force instead of reason or the ballot, and I spoke against the resolution." An objection to that answer was sustained and the witness was allowed to refresh his memory by reading the resolution in The Alarm, a newspaper published by some of the defendants. The witness still unable to repeat the resolution but gave more detail about it containing language which said the force would be required to enforce the eight-hour day, that he had opposed it because in his opinion it advocated use of force, "I said that all reforms could be brought about by the ballot; I was opposed to force. I believed this was the best government that I know anything about. I spoke in general sympathy with the working men and that I was in favor of even less then eight hours, and six hours I thought was enough. I remember that I spoke ten minutes about in that tenor.". He testified that Spies had denounced him as "a political vagabond" and that the resolution had passed with almost universal support from the 500 people who were in attendance. He testified,
 * 11) John Wessler was recalled and again cross-examined regarding his identification of the man who was shooting from near the wagon the night of the explosion.
 * 12) Thomas Greif, operator of Greif's Hall, testified that he had rented the basement of his building on May 3 for a meeting of the "Ypsilon folks".
 * 13) John E. Doyle testified that he was a police officer in Lt. Bowler's company, 11th from the right, that he was injured by 10 fragments of the bomb, that the explosion knocked him down, and that he saw a man in grey clothes shooting at the police. He testified that he was able to get off one shot himself but collapsed and was carried off.
 * 14) Charles Spierling testified that he was a police officer in Lt. Quinn's company in the first rank, thirteenth from the east, third from the west, about 12 feet from the speaker's wagon, and that he saw Fielden dismount from the wagon fire one shot a bit before the explosion. He testified that he drew his gun and fired two shots toward the wagon then three shots toward the crowd.
 * 15) James Bonfield testified that he was a police officer, the brother of Captain Bonfield the Inspector of Police, that he arrested August Spies and Schwab on [August 5] at the office of the Arbeiter Zeitung and found in the office a blasting cap, a piece of fuse, and a revolver, and that later he had seized a copy of the "Revenge Circular". He testified that that evening together with newspaper reporters he interviewed Spies. During Bonfield's testimony the "Revenge Circular," Peoples' exhibit 6 was introduced into evidence and the English portion read to the jury. Bonfield testified, regarding Spies, "He said he approved of the [m]ethod, but he thought it was a little premature, that the time had hardly arrived to start the revolution, or the warfare." Bonfield testified that he had questioned Fischer regarding a blasting cap found in his pocket when he was arrested and regarding the preparation of the "Attention Workingmen" circular, People's exhibit 5, which "he acknowledged it was he that got it up" and had printed. On cross-examination Bonfield admitted that he had no arrest or search warrants, only orders issued at the Central Police Station by Lt. Shea to arrest "Fielden's name given and Schwab and Spies and Parsons". On re-direct Bonfield testified that keys taken from Spies unlocked a drawer where dynamite was found and that he had seen Rudolph Schnaubelt at the newspaper office.[Objections were made to his testimony on re-direct and some of his answers were stricken out.]

July 20
Tuesday, 10 A.M., July 20th, 1886:


 * 1) Henry E. O. Heinemann testified that he was a reporter for The  and that he had reported on a meeting held at the West Twelfth Street Turner Hall on October 11, 1885, that he had taken short hand notes which were used as the basis for a story printed in The Chicago Tribune. He testified that the meeting considered a resolution introduced by August Spies which was unanimously adopted. After his recollection was refreshed by reading the newspaper article he testified, "They began by referring to the eight hour movement that had been inaugurated by the confederated trades, and went on to say that the probabilities were that the property owning class would resist an attempt of the laborers to enforce eight hours by calling to their aid the police and the militia, and if the workingmen were determined on carrying their point they would have to arm themselves and be ready to enforce their demands by the same means that the property owning class would use. I think that is the substance." He testified that a deadline of May 1 1886 was set.
 * 2) J. A. West testified that he was a police officer who was on duty at McCormick's gates, at McCormick's Reaper factory on the afternoon of May 3, 1886 together with another policeman when a crowd of several thousand strikers attacked McCormick strike-breakers who were leaving work. His testimony was that the crowd threw stone and fire guns and that he was injured by being "bricked" and that he called for police assistance.
 * 3) James L. Fraser testified that he worked for a lumber dealer near the McCormick factory and that on May 3, 1886 he observed August Spies speaking to a crowd of striking McCormick workers from the top of a boxcar, and that while Spies was speaking, in German, another man, in "broken English", suggested to the crowd that they attack the "scabs" leaving the McCormick factory and that a portion of the crowd left for McCormick's. He testified that Spies after he finishted speaking departed.
 * 4) E. T. Baker testified that he worked for a lumber dealer located in the vicinity of the McCormick factory and that on May 3 he observed Spies speaking to a crowd of McCormick workers from the top of a railway car and that "[The crowd] patiently listened until we heard the bell ring at McCormick's factory, and all of a sudden a gentleman standing to the left of the speaker on the end of the car rushed forward, and shouted "Now boys, let us go for them damned scabs at McCormick's." Those are the exact words; I remember them very distinctly. At that moment the crowd commenced, a portion of it nearer McCormick'S factory commenced to move away, and I began to back in the opposite direction." He testified that he did not observe Spies after that but that about two thousand of the crowd went toward the McCormick gates.
 * 5) Archibald Leckie testified that he was a reporter for the Chicago Daily News and that he was present at the rally of McCormick strikers on May 3, 1886, that he testified that he arrived before the event began, that there were about 4,000 strikers present and a number of speakers on a box car including August Spies and a Mr. Fielding. He testified that Fielding, who he testified was not the defendant Fielden, gave an inflammatory address in German which seemed to advocate violence. He testified that in order to hear better he climbed on the railway car himself, but was chased off.
 * 6) Frank Haraster testified that he was president of the Bohemian section of the Lumber Shover's Union, that he was not a socialist, that he had been present at the meeting near McCormick and that he had objected to the tenor of the speeches given and attempted to prevent the crowd from going to the McCormick gate. He testified, "I told the people to keep quiet and not to listen to the speakers, that it should not culminate in a thing as had happened in 1877. I tried to keep the people quiet and they attempted to throw me off the car." and "When some people run towards McCormick's to drive out the scabs I tried to keep them back and get them to go home."
 * 7) John Enright testified that he was a police sergeant who responded to a call at the McCormick Reaper Works at about three in the afternoon on May 3, 1886 in a patrol wagon with nine other policemen, that when they arrived at the gate of the Reaper Works there was a crowd which and entered the gate and was throwing rocks at windows and breaking furniture, that the policemen entered the Works and, using clubs, attempted to drive the crowd out the gate. He testified that shots were heard from the crowd, he could not recall wether the crowd or police fired first, and that when the crowd began to press on the policemen that he fired at the crowd, "I tried to speak to the crowd and pacify them, and tell them for to go back and keep back; if they would not, some of them would get hurt; the more I would try and pacify them or keep them back, the more they would throw stones at me, and the rest of the men, so when I could not keep them back, and they would be closing right in on to me, I would fire." He testified that the stand-off lasted 20 to 25 minutes, but that when the crowd retreated no dead or wounded were left behind. He testified that there were 11 or 12 policemen in the yard, and that he had fired 5 shots, emptied his gun.

"Q Was the firing pretty general from the men that were under your command?

A Well, I believe they answered back.

Q The question is, Was the firing pretty general from the men under your command.

A Whenever the crowd would close on to them.

Q That is not the question. The question is, Was the firing pretty general from the men under your command?

A I believe so.

Q None of the policemen were shot, were they?

A No. They were some of them wounded with rocks."

He testified that the crowd dispersed as a number of other police arrived. "opposite the gate, that two wounded men were found, one of whom died later, that later investigation revealed 2 or 3 others who were wounded. He testified that as his company came up behind the crowd a couple of men in the crowd were shooting at police officers in front of them and that one was arrested but threw his gun away, one of several guns which were found.
 * L. F. Shane testified that he was a police officer and that he was one of 20 police dispatched from the Hinman Street Station to the Haymarket Reaper Works, about five blocks, to respond to a riot in progress, that when the company arrived Enright's company was
 * William Ward testified that he was a captain in the Chicago police force, that he was captain of the Des Plaines street station near Haymarket Square, and that he led between 175 and 180 policemen in formation to the Haymarket rally on the night of May 4, 1886 where, when he arrived at the speaker's wagon he ordered the assembly to disperse using statutory language. He testified that the speaker, Fielden, said "We are peaceable." and dismounted from the wagon, that shortly thereafter there was an explosion behind him and that immediately there was gunfire from the crowd behind the wagon and from the sides of the street, which the police responded to by drawing their guns and returning fire and also by drawing their clubs and charging the crowd. He testified that 7 policemen died from their wounds out of a total of 66 or 67 who were wounded.
 * Michael Hahn testified that he was a tailor who was in attendance at the Haymarket rally, that he was wounded in the buttocks and leg, and that a threaded nut was removed from his buttocks.
 * Reuben Slayton testified that he was a Chicago policeman detailed as a detective, that in the morning of May 5 he arrested Fischer at the office of Arbeiter Zeitung, that when searching him found a 44 caliber revolver and a homemade knife made from a file on a belt with a brass a buckle for the Lehr and Wehr Verein Society which Fischer was wearing and, in his pocket, ammunition and a blasting cap. He testified that Fischer said he was a compositor, that he had worked two years at the Arbeiter Zeitung, and that he carried the revolver for protection, but that he did not question Fischer further but took him to the Central police station. He testified that earlier that morning he arrested Fielden at his house, that Fischer had bandaged wounds and said he had attended the Haymarket rally and been wounded there. He testified he took Fielden to the Central Station. On cross examination Slayton admitted he had no arrest or search warrants for either man and that during a search later that day of Fielden's house nothing was found.
 * Theodore Fricke testified that he was the business superintendent of the Arbeiter Zeitung, having previously been the bookkeeper, that he knew August Spies who was the superintendent and chief editor of the paper and Schwab who was an editor under Spies. He testified that he knew Parsons who, he said, published The Alarm in the same building. He testified that he was familiar with the handwriting of both Spies and Schwab, and identified the writing of "Letterbox", in German, and "Ruhe!" on People's exhibit 10 as being Spies's. [Summary incomplete]

July 28

 * 1) Harry L. Gilmer, a painter, testified that he was at the rally in Haymarket Square, "looking for someone", and that while there he went into the alley behind the speaker's wagon and while there saw August Spies light the fuse of the bomb which was then thrown by a man he identified from a photograph as Rudolph Schnaubelt. He also testified that Adolph Fischer was present.

Physical evidence
A lead fragment from the wounds of one of the policeman was subjected to chemical analysis and found to be markedly different from commercial lead and similar to the casing of bombs found in the home of the defendant, Louis Lingg. Consultation with physicians who had tended the wounded yielded a nut used to bolt the bomb together and fragments of the casing which were turned over to chemists for analysis together with the bombs recovered from Lingg. Comparison showed a rough match with respect to the proportion of metals in the samples. Interviews revealed a long history of failed, semi-successful, and finally, successful experiments with dynamite and other explosives. Over a period of several years the design of bombs had been refined until the very effective bomb used at Haymarket had been developed.

Appeals
The case was appealed in 1887 to the Supreme Court of Illinois where it was unanimously confirmed on September 14, 1887 in a 225 page, 56,000 word opinion, then to the United States Supreme Court where the defendants were represented by John Randolph Tucker, Roger Atkinson Pryor, General Benjamin F. Butler and William P. Black. The petition for certiorari was denied.