George N. McLean

The instructions of the court.

In his instructions to the jury Judge Gary said: “The Court instructs the jury that whoever is guilty of murder shall suffer the punishment of death, or imprisonment in the penitentiary for his natural life, or for a term of not less than fourteen years. If the accused are found guilty by a jury they shall fix the punishment by their verdict.

“The Court instructs the jury as a matter of law that, in considering the case, the jury are not to go beyond the evidence to hunt up doubts, nor must they entertain such doubts as are merely chimerical or conjectural. A doubt to justify an acquittal must be reasonable, and must arise from a candid and impartial investigation of all the evidence in the case, and unless it is such that, were the same kind of doubt interposed in the graver transactions of life, it would cause a reasonable and prudent man to hesitate and pause, it is sufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied beyond a reasonable doubt.

“If it does so prove, then your duty to the State requires you to convict whosoever is found guilty. The case of each of the defendants should be considered with the same care and scrutiny as if he alone were on trial. If a conspiracy having violence and murder as its object is fully proved, then the acts and declarations of each one of the conspirators, before or after May 4, which are merely narrative as to what had been or would be done, and not made to aid in carrying into effect the object of the conspiracy, are only evidence against the person who made them. What are the facts and what is the truth the jury must determine from the evidence, and from that alone. If there are any unguarded expressions in any of the instructions which seem to assume the existence of any facts, or to be any intimation as to what is proved, all such expressions must be discouraged and the evidence only looked to, to determine the facts.

“The Court instructs the jury as a matter of law that an accessory is he who stands by and aids, abets, or assists, or who, not being present, aiding, abetting, or assisting, has advised, encouraged, aided or abetted the perpetration of that caimecrime. He who thus aids, abets, assists, advises or encourages shall be considered as a principal and punished accordingly. Every such accessory when a crime is committed within or without this state by his aid or procurement in this state, may be indicted and convicted at the same time as the principal, or before or after his conviction, and whether the principal is convicted or amenable to justice or not, and punished as principal.

“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:

“We, the jury, find the defendants, August Spies, Michael Schwab, Samuel Fielden, Albert R. Parsons, Adolph Fischer, George Engel and Louis Lingg, guilty of murder, as charged in the indictment, and fix the penalty at death.

“We find the defendant, Oscar Neebe, guilty of murder in manner and form as charged in the indictment, and fix the penalty at imprisonment in the penitentiary for a term of fifteen years.”

Not a sound came from the spectators. For a moment the courtroom was silent as the tomb. The prisoners were struck with horror. Spies’ face blanched white as the paper on which his death sentence was written. His lips quivered, and he mechanically tapped the floor with his foot and nervously stroked his moustache. Neebe was completely stunned. The blood rushed to his face, and the perspiration stood out on his forehead in great drops. Schwab’s yellow face seemed to look into vacancy, and he had a wandering, stupid stare. Parsons was visibly affected, but he kept himself up better than the rest, and maintained a certain air of nonchalance. He made an effort to flaunt a red handkerchief out of the window at the crowd on the outside, but was promptly checked by a bailiff. Fielden fairly quaked. He shook like an aspen leaf, and in every way showed his great fear. Fischer was ghastly. When the verdict was first being read he held a half-consumed cigar in his mouth, but when the death penalty was reached the weed fell from his lips to the floor. Lingg appeared sullen and stoical, but when the sentence was read his face flushed, and he was seen to tremble. Engel betrayed no emotion. When the verdict became known to the thousands assembled outside a great cheer rent the air.

Captain Black asked that the jury be polled. The jurymen answered with firm voices. Captain Black said he would desire to make a motion for a new trial. State’s Attorney Grinnell said it would be impossible to dispose of the motion during the present term, but by agreement, the motion could be argued at the September term. This was agreed to by the defense.

The Court.—“Let the motion be entered and continued until the next term, and let the defendants be taken back to jail.” Judge Gary then arose and addressed the jury as follows:

“GENTLEMEN OF THE JURY:—You have finished this long and very arduous trial, which has required a very considerable sacrifice of time, and some hardship. I hope that everything has been done that could possibly be done to make those sacrifices and hardships as mild as might be permitted. It does not become me to say anything in regard to the case that you have tried, or the verdict you have rendered; but men compulsorily serving as jurors, as you have done, deserve some recognition of the service you have performed besides the meager compensation you have received.”

The Foreman of the jury said: “The jury have deputed to me the only agreeable duty, that it is in our province to perform, and that is to thank the Court and the counsel for the defense and for the prosecution, for your kindly care to make us as comfortable as possible during our confinement. We thank you.”

The jury then filed out, and scarcely had they left the room when a shrill voice was heard, and Mrs. Schwab fell heavily to the floor. She was taken out into the fresh air by policemen, and soon revived. Mrs. Spies followed up this scene by going into hysterics, and also had to be assisted from the room. The other women kept their nerves, and after the first shock maintained composure. In the meantime the crowd had closed in on the prisoners, and were examining them from head to foot. The bailiffs, however, promptly put a stop to this, and led the condemned men away to their cells.

THE JURORS.

The twelve good men and true, who sat in judgment for so many long and weary days, are all Americans by birth. Frank S. Osborne, foreman of the jury, is a widower of thirty-nine, and the father of three sons. He is head salesman of the carpet department of Marshall Field’s retail store, and came here from Columbus, Ohio. He is an Episcopalian.

Major James H. Cole, of Lawndale, the first juror accepted by both sides, was born at Utica, N. Y., forty-three years ago, and served throughout the Rebellion in the Forty-first Ohio Infantry. He came to Chicago from Chattanooga, Tennessee, six years ago, and though a bookkeeper by profession, is at present out of employment.

J. H. Brayton, principal of Webster SchooolSchool, lives at Engelwood with his family, although a native of Lyons, N. Y. He had arranged a hunting and fishing excursion for the summer, which was ruined.

A. H. Reed is of the firm of Reed & Sons, of Reed’s Temple of Music, 136 State street. He was born in Boston forty-nine years ago, but has been in the music business here for twenty-three years, living with his wife at 3242 Groveland Park. Mr. Reed is a Freethinker, but not an Atheist.

Andrew Hamilton, dealer in hardware, has lived in Chicago twenty years of the forty-one he has been on earth, and now lives with his wife at 1521 Forty-first street.

C. B. Todd, forty-seven years old, was born in Elmira, N. Y., lived in Minnesota for sixteen years after the war, but is now a salesman in the Putnam Clothing House. He served in the Sixth New York Heavy Artillery. Mr. Todd lives at 1013 West Polk street.

H. T. Sanford is but twenty-four years old, and is a son of the late Lawyer Sanford, compiler of the Superior Court reports of New York. For fifteen months past he has been voucher clerk for the Chicago & Northwestern, but before coming to Chicago he was a petroleum broker at New York. He and his wife live at Oak Park.

S. C. Randall, the youngest man on the jury, was born in Erie county, Pennsylvania, in 1864, and in the three years he has been in Chicago he has been a hotel waiter, a milk peddler, and is now a salesman for J. C. Vaughan & Co., seedsmen, 45 La Salle street.

Theodore Denker, shipping clerk for H. H. King Co., is twenty-seven years old, and lives at Woodlawn Park. He has lived in Chicago twenty-five years, and is not married.

Charles A. Ludwig is also twenty-seven years old, single, and is a clerk in the wood mantel shop of Charles L. Page & Co.

John B. Greiner is a clerk in the freight department of the Chicago & Northwestern Road, and lives at Humboldt Park. He is twenty-five years old, and single.

G. W. Adams, twenty-seven years old, travels in Michigan, selling paint for a Clinton street firm. He is a painter by trade, and lives with his brother at Evanston.

The following is the official Police Department report of casualties at the Haymarket: