The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in ChicagoMcLean, George N.
History
The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in Chicago
McLean, George N.
Anarchists -- United States; Haymarket Square Riot, Chicago, Ill., 1886
Speaking of the jury as a whole, Mr. Grinnell said: "I wish and am
constrained to pay one tribute to that jury. It exemplified American
citizenship in this country more than any jury that was ever looked
upon. It embraced all walks of life. Three of them earned their living
by manual work. They came from all parts of the country and one of them
was born on foreign soil. They were not a class jury. They were honest
citizens with the solemn duty devolving upon them of determining what
should be done with those men. No judge could look in the faces of that
jury without saying: 'They are intelligent; they represent American
citizenship; they are fit to be trusted with the rights of freemen
under our constitution.' There was not a capitalist on that jury. They
were all common-place small dealers and intelligent men."
Mr. Grinnell said he would challenge any one to show that a single
member of that jury was not a competent juror, not only under the jury
law of Illinois, but under the common law. "Congress," he said, "had
recognized the right of States to make their own jury laws."
Section 800 of the Revised Statutes provides that "jurors to serve
in the courts of the United States in each State respectively shall
have the same qualifications and be entitled to the same exemptions
as jurors of the highest court of law in such State may have and be
entitled to at the time when such jurors for service in the courts of
the United State are summoned."
Almost every State in the North, he said, now had its new jury law, and
these laws have been sustained by the highest State courts.
THE SEIZURE OF SPIES' PAPERS.
Proceeding to the question of "unreasonable search and seizure" in
Spies' office, he said it did not strike him as being any part of this
case. He was not here to offer any apologies for his own conduct. He
then recited at some length the circumstances of the bomb-throwing
in the Haymarket, the search of the _Arbeiter Zeitung_ office, the
prying open of Spies' desk, the finding of dynamite and letters there,
the breaking open of Lingg's domicile, and the finding in his trunk
of dynamite bombs precisely like the one thrown. Mr. Grinnell was
interrupted at this point by General Butler, who said he should want to
cross-examine him if it was competent for him to do so.
Mr. Grinnell--"You shall have that privilege, General."
Mr. Grinnell, resuming, said that such seizure was not a thing which
this court could regulate. It had said in the Ker kidnapping case that
it was not for the court to determine how he (the prisoner) got here.
The court simply said: "You are here." The things seized in the search
of these prisoners' premises "were there," and it was for the court to
determine whether they were legally there. The only question was, "Are
these things testimony?" and that was not an inquiry for the court.
SIMPLY EVIDENCE.
Public-domain text, read in full here on John Shaqi.
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