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Seven To Hang

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THEY MUST DIE. Ottawa, HL, Sept 15. - Justice Magruder, for tbe Supreme Court of the State of Illinois, eitting at Ottawa, yeBterday affirmed the finding of the criminal court of Cook County, and thereby sentenced to death August Spies, Michael Schwab, Samuel Fielden, Albert K. Parsons, Adolph Fischer, George Engel and Louis Lingg, f ound guilty of the murder of Policeman MatthiasJ. Degan. By the same finding Oscar W. Neebe goes to the penitentiary for fifteen years. The date of the execution is flxed for November 11. The following is an abstract of the decisión, which is too lengthy for reproductlon in lts entirety: The crime charged is the throwing of a dynamite bomb on the evening of May 4, 1888, at a meeting held in Haymarket square, comer of Randolph and Desplainea streets, Chicago, when 9even policemen were killed and a number more injured. It is undisputed that the bomb was thrown, and that it was the cause of Degan's death, but there is not evidence to show that any one of the defendants had a hand in throwing it. It is conceded that no one of them actually committed the deed. The charge Is that they were acce9sones before the fact. There are sixty-nine counts in the lndictment. Some of the counts charge that the eight defendants above fiamed, being present; abetted and assisted in the throwing of the bomb; others, that, not being present, aiding, abetting orassistlng, they advised, encouragei, aided and abetted such throwing. Some of the counts charge that said defendants advised, encouraged, aided and abetted one Rudolph Schnaubelt In the perpetration of the crime; others, that they advised, encouraged, aided and abetted an unknown person in the perpetration thereof. The statute on this subject reads: '■Sec. 2. An accessory is he who stands by and aids, abets or assists, or who, not being present, aidln?, abetting, or assisting, hath advised, encouraged, aided or abetted the perpetration of the crime. He who thus aids, abets, assists, advises or encourages, shall be considered a principal and punished accordingly. "Every such accessory, when a crime is committed within or without this State by nis 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." In consideration of this statute the court asks the questions : Did the defendants have a common purpose or design to advise, encourage, aid or abet the murder of the pólice? Did they combine togetber and with others with a view to carrying that purpose or design lnto effect? Did they, or either or any of them, do such acts or make such declaratiou in furtherance of the common purpose or design as did actually have the effect of encouraging, aiding or abetting the crime in questionf The questions are based on the proposltions of law as laid down by the court and sustainefl by previous decisions in this and other States. The premises are held that if the defendants advised, encouraged, aided or abetted the klIng of Degan they are as gullty as though tUey took his life wlth their own hands. If any ot them stood by and aided, abetted or assisted in the chrowing of the bomb, those of them who did so are as guilty as thouga they threw it themselves. Joined to this is the charge that the defendants íonned a common purpose and were united in a common design to aid and encourage the murder of the pollcemen among whom the bomb was thrown. If they combined to accomplish 6uch murder by concerted action the ordinary law of conspiracy is applicable, anS the acts and declarations of one of them. done in furtherance of the common design, are, in contemplation oí law, the acts and declarations of all. This prosecution, however, is not for conspiracy as a substantive crime. Prooi of conspiracy is only proper so far as it may tend to show a common design to encourage the murder charged against the prisoners. It may be introduced for the purpose of establlshmg the position of the members of tlie combination as accessories to the crime of murder. Also the statute abolishes the distinction between accessories before the fact and principáis. By it all accessories before the fact are made principáis. As the acts of the principal are thus made the acts of the accessory, the latter may be charged as having done the acts himself, and may be indicted and punished accordingly. Following the propositions of law above laid down, the court holds that the evidence under them amply sustains the charge that the deiendants were engaged in a great conspiraey to overthrow the law, and that the throwing of the bomb in Haymarket square on the evening of May 4 was the direct result of that conspiracy. First, there was at that time existlng in Chicago an organization of Socialista or Anarchists whose purpose was the overthrow of all laws which were enacted or the protection of private property. This overthrowal was to be accomplished by forcé. The organization ■was a National one, divided into groups, eighty In all, of which there were located In Chicago seven. Schwab, Neebe and Llngg belonged to the North-side group; Engel a id Fischer to the Northwest; Spies, Par sons and Fielden to the American. Connected wiüi these groups were armed sections, the Lehr und Wehr verein, contalning 1,000 drllled men, and these soldiers were known by numbers instead of names, desire for secrecy being so great. The other armed sections were to be commanded by details from the Lehr und Wehr verein if called into action. The proof shows that it was this organization which called the meeting of May 4, during which the bomb was thrown. This bomb was spherical In shape, filled with dynamite and lighted by a fuse. The globe was of composite metal, mainly tin and lead, with a trace of antimony. This cotnposition is not a commercial metal, and yetLingg was discovered making bomb9 of exactly the same material, of the same íorm and corresponding so nicely that the nut which fltted the bolt which held the Haymarket bomb together also fltted the threads of other bolts found in Lingg"s room, and which were intended to hold tos:ether other similar bombs. The evidence also shows that the meeting ol May 4 was the result of a previous conference at wh ch all of the defendants look part; that the cali for the meeting, the w.ord "ruhe," wa3 piinted in two newspaperswhich some of the defendants controlled; that at that meeting when a speaker sald "W e are peaceable," he used the word "ruhe," whlch was the signal lor the bomb-throwing, and immediately the bomb was thrown. It Is held that the pólice were right in their presence at the meeting. The times were troublous, strikes were everywhere. There had been trouble at McConnick's the day before, and the circulars which called the meeting were threatening in their character. Henee itwaa the dutyof the pólice to be on hand to protectthe peace and to break up the meeting, whioh was not an orderly one. In view of the facts presented by the record, the flnding is that the defendants wereengaged in a common conspiracy; that that conspiracy was for the purpose of overthrowing the law; that the meeting was called to further that conspiracy, and the bomb-throwing was the resul t of it; that Offlcer Degan died f rom wounds received from the explosión of the bomb. Hsld, that the defendants are guilty of murder as a cessories before the fact. Justic Mulkey thought there was error in the record, but not enough to vitiate the verdict. He did not file an opinión. Chicago, Sept 15.- The doomed men nceived the news ot' the adverse decisión without manifestlng any eniotion. Their counsol will niake an etïort to get the case beforo the United States Supreme Court on a writ of error, failing in which all the preesure posslble will be brought to bear upon Governor Oglesby to secure a commutation of the sentences. The intelligence of the decisión was received wlth intense interest by all classes and gives general satisfaction. Dispatches from Philadelphia, Boston, St Louis, Pittsburgh, Cincinnati, Cleve land, NewYork, San Francisco and many other cities announce that the decisión of the Supreme Court is received everywhere with expressions of satisfaction and approval. Chicago, Sept 16.- The Anarchiste yesterday sent one of their representatives to New York to retain a lawyer as associate counsel with Captain Black to conduct the proposed proceedings before the United States Supreme Court Eobert G. Isgersoll, Benjamin F. Butler and Roger A. Pryor are particularly mentioned. Chicago, Sept. 17.- Intímate friends of the Anarchists who see them every day laugh at a report in circulation that the men would not accept leniency from the Governor. The fact is, their friends say, that all the men are ready and willing to accept any thing that may be offered them to save their necks from the gallows, and have authorized the following petition, which is being extensively circulated: "To His Excellency Richard .j. Ogletby, Ooternor of the State of Illinois: The underslgned, believing that in any case involving life, humanity and the State are better served by mercy than by the rigorous executlon oía sentence, tho justice of which is questioned by many of our people,respectf ully but urgen tly bespeak the exerolse of the Executive clemency by your Êxlency in behalf of August Spies, Mlchael Schwab, Osear Neebe, Albert R. Parsons, Samuel Fielden, Adolph Fischer, Louis Lingg and George Engel, being pursuaded that such action on your part will conduce to the peace oí the State." New York, Sept 19.- The streets are flooded with Anarchist circulara, printed in English and Germán, denouncing the Chicago authorities and the Illinois Supreme Court. A great mass-meeting to protest against the Supreme Court decisión has been called f or Monday evening at the Cooper Union. New Yobk, Sept. 20.- It is announced that General Eoger A. Pryor, of this city, has agreed to undertake the case of the conderaned Chicago Anarchists. Chicago, Sept 20.- The Anarchists were feeling quite blue yesterday over the remarks of State's Attorney Grinnell that he was through with the case and should interfere in no way with the sentence. They are said to have entertained strong hopee that the State's Attorney and his assietants would interfere in their behalf in obtaining executive clemency. Columbus, O., Sept. 20.- Circulars were distrib ated in all public places here yesterday calling upon workingmen to resist the "judicial murder" of the Chicago Anarchiste, to whom it refers as "our comrades." Itis very incendiary in tone, is signed by Tederations of Trades Unions" and countersigned "Columbus Group." Cleveland, O., Sept 20.- The Anarchist of this city are preparing to hold a great indignation meeting over the fate of their Chicago brethren. Yesterday the three leaders of Cleveland Anarchists, Christ Saam, Cari Kankie and Peter Koskop, were arrested for posting notices of the proposed meeting on telegraph polesand city poste.


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