doubt that the court endeavored to be fair--
no doubt that Judge Gary is a perfectly honest, upright man, but
I think his instructions were wrong. He instructed the jury to
the effect that where men have talked in a certain way, and where
the jury believed that the result of such talk might be the commission
of a crime, that such men are responsible for that crime. Of
course, there is neither law nor sense in an instruction like this.
I hold that it must have been the intention of the man making the
remark, or publishing the article, or doing the thing--it must have
been his intention that the crime should be committed. Men differ
as to the effect of words, and a man may say a thing with the best
intentions the result of which is a crime, and he may say a thing
with the worst of intentions and the result may not be a crime.
The Supreme Court of Illinois seemed to have admitted that the
instructions were wrong, but took the ground that it made no
difference with the verdict. This is a dangerous course for the
court of last resort to pursue; neither is it very complimentary
to the judge who tried the case, that his instructions had no effect
upon the jury. Under the instructions of the court below, any man
who had been arrested with the seven Anarchists and of whom it
could be proved that he had ever said a word in favor of any change
in government, or of other peculiar ideas, no matter whether he
knew of the meeting at the Haymarket or not, would have been
convicted.
I am satisfied that the defendant Fielden never intended to harm
a human being. As a matter of fact, the evidence shows that he
was making a speech in favor of peace at the time of the occurrence.
The evidence also shows that he was an exceedingly honest, industrious,
and a very poor and philanthropic man.
_Question_. Do you uphold the Anarchists?
_Answer_. Certainly not. There is no place in this country for
the Anarchist. The source of power here is the people, and to
attack the political power is to attack the people. If the laws
are oppressive, it is the fault of the oppressed. If the laws
touch the poor and leave them without redress, it is the fault of
the poor. They are in a majority. The men who work for their
living are the very men who have the power to make every law that
is made in the United States. There is no excuse for any resort
to violence in this country. The boycotting by trades unions and
by labor organizations i
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