The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—InterviewsIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—Interviews
Ingersoll, Robert Green
Free thought
_Answer_. I have paid some attention to the evidence and to the
rulings of the court, and I have read the opinion of the Supreme
Court of Illinois, in which the conviction is affirmed. Of course
these men were tried during a period of great excitement--tried
when the press demanded their conviction--when it was asserted that
society was on the edge of destruction unless these men were hanged.
Under such circumstances, it is not easy to have a fair and impartial
trial. A judge should either sit beyond the reach of prejudice,
in some calm that storms cannot invade, or he should be a kind of
oak that before any blast he would stand erect. It is hard to find
such a place as I have suggested and not easy to find such a man.
We are all influenced more or less by our surroundings, by the
demands and opinions and feelings and prejudices of our fellow-
citizens. There is a personality made up of many individuals known
as society. This personality has prejudices like an individual.
It often becomes enraged, acts without the slightest sense, and
repents at its leisure. It is hard to reason with a mob whether
organized or disorganized, whether acting in the name of the law
or of simple brute force. But in any case, where people refuse to
be governed by reason, they become a mob.
_Question_. Do you not think that these men had a fair trial?
_Answer_. I have no 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.
Public-domain text, read in full here on John Shaqi.
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