Illinois vs. August Spies et al. trial transcript no. 1. Direct examination by Mr. Ingham. Cross-examination by Captain Black. Testified on behalf of the Prosecution, People of the State of Illinois. Police officer at Haymarket. Claims in his testimony to have seen Samuel Fielden shoot at the police from behind the wagon. Testified on various topics (page numbers provide a partial guide): position of the defendants and others on the speakers' wagon (vol.I 299), street lights and/or lights on the wagon (vol.I 298), actions of police during the Haymarket meeting (vol.I 297), movement, position or tenor of the crowd (vol.I 299), time and place origination of the gunfire (vol.I 298), Knights of Labor (vol.I 300), Fielden, Samuel (vol.I 297).
Testimony of Louis C. Baumann (first appearance), 1886 July 19.
Volume I, 296-306, 11 p.
Baumann, Louis C.
Police officer, Chicago Police Department.
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[Image, Volume I, Page 296]
The People
vs.
August Spies, et al.
Monday, 2 P.M., July 19, 1886.
Louis C. BAUMANN,
a witness for the people, having been duly sworn, was examined in chief by Mr. Ingham, and testified as follows:
Q What is your name?
A. L.C.BAUMANN.
Q You are a police officer?
A. Yes sir.
Q Were you at the Hay market at the time the bomb was thrown?
A. Yes sir.
Q Whose company were you in?
A. Lieut Steele's.
Q What position did you occupy in that company---what position rehtive to the other men?
A. I just were a patrolman.
Q You were a patrolman?
A. Yes sir.
Q But what position in the company did you occupy--what place?
THE COURT--What number?
A I was in the 1st Company. I had place No.7.
MR. INGHAM--Place No.7?
A. Yes sir.
Q There were six men between you and the east?
A Yes sir.
Q Six men east of you?
A. Yes sir.
Q Where were you standing with reference to the wagon when the bomb exploded?
A. I was standing north of that alley there.
Q About how far from the wagon?
A. Well, I should judge about three or four feet.
Q After the bomb exploded what did you do?
A. I stood right there.
Q What did you see?
A. As soon as--well, what I did see, I saw Mr% Fielden, that he was standing on the hind wheel, behind the hind wheel of the wagon, and had a revolver in his hand and fired off a shot.
Q Where was Fielden when you saw him first?
A. He was standing on the wagon, sir.
Q Did you see him in the act of getting off the wagon?
A Yes sir.
Q Where was he standing when you saw him with a revolver in his hand?
A. He was standing on the sidewalk.
Q Where with reference to the wagon?
A. Right behind the hind wheel.
Q In what direction did he shoot?
A. He shot from east to west.
Q Did you see him fire more than once?
A. No sir.
Q Where was your attention directed after seeing him fire the first shot?
A. So we got called to fall in, and
we all went in the ranks and we shot, fired.
Q When you saw him fire the shot from behind the wagon, was that before or after the explosion of the bomb?
A That was after the explosion of the bomb.
Q About how much time in your opinion elapsed between the explosion of the bomb and the firing of that shot?
A I should say about half a minute.
Cross Examination by
MR. BLACK:
Q Mr. Baumann, you were in court this morning, were you--in this court room?
A. Yes sir.
Q Where have you been since court adjourned?
A. I have been to dinner.
Q And where else?
A. Nowhere else.
Q Nowhere else? Haven't you been in the State's Attorney's office down stairs?
A. No sir.
Q When did you first see Fielden?
A. On the night of the 4th May.
Q That was the first time you ever saw him?
A. Yes sir.
Q What light was there there for you to see him by, or recognize him by, when you came up?
A. Well, I could not tell if it was a torchlight or--he was standing on the wagon; I don't know if it was a torchlight or some other kind of light.
Q How far north of the alley did the wagon stand?
A Well, I should say about five or six feet.
Q And what part of the wagon was Fiedlen standing in?
A He was standing on a part of the rear end of the wagon.
Q When you first noticed him was he speaking to the crowd?
A Yes sir.
Q In what way--direction, was he facing at that time?
A He was facing about, you might say, southeast.
Q Southeast or southwest?
A Southeast.
Q Southeast. He was facing in, then towards Crane Brothers, was he?
A Yes sir.
Q When he was speaking--where was the crowd standing with reference to the wagon?
A Right on the sidealk.
Q Wasn't there any crowd over to the west of the wagon in Desplaines street?
A Some standing there, yes.
Q The major part of the crowd, however, you think was standing on the sidewalk between the wagon and Crane Bros.?
A Yes sir.
Q That was so, when you came up, was it?
A Yes sir.
Q The largest part of the crowd stood on the sidewalk between Crane Brothers and the wagon?
A How large a crowd?
Q The largest part of the crowd?
A Stood right there.
Q Then there wasn't a very large crowd there, was there?
A Well, I don't know. I should say a couple of hundred
Q And you think that as you came up there, and Fielden was addressing the crowd, that he was facing toward the southeast?
A Yes.
Q Addressing the people who were standing on the sidewalk and not turned toward the people who were out in the street?
A Yes sir.
Q That is your recollection, is it?
A Yes sir.
Q Now, I understand you stood No. 7 in the front rank of your division or company?
A Yes, sir.
Q That put you about 10 or 12 feet away from the curbstone, didn't it?
A Well, I should say about ten feet.
Q You saw Fielden fire but one shot?
A Yes sir.
Q And that you say he fired from the sidewalk, from behind the wheel of the wagon?
A Yes sir.
Q He was standing at that time behind the wagon and between the wheels, was he?
A He was standing--he was between the wheels.
Q Between the wheels and behind the wagon?
A Yes, sir.
Q On the sidewalk?
A On the sidewalk.
Q You saw him fire but the one shot?
A That is all.
Q During the whole evening that was the only shot you saw him fire, is it?
A Yes sir.
Q You say after he fired that shot you heard the command, "Fall in"?
A Yes sir.
Q And your men commenced firing?
A Yes sir.
Q Well, up to that time, Officer, had your men in your company broken ranks?
A Part of them, yes.
Q Part of it. Well, but in that part where you stood they had not broken ranks, had they?
A Yes sir.
Q How did that happen--that they broke ranks in the part of the company where you stood?
A Well, it came through that bomb shell that scattered it.
Q They scattered generally, did they? Where did they go to when the bomb exploded?
A Just stepped on one side.
Q Where were you when you heard the command to "Fall in."
A I was standing right at the wagon.
Q You were at the wagon?
A Yes sir.
Q At which side of it, the west side or at the south end?
A I was on the south end. I had hold on the hind wheel.
Q You had hold of the hind wheel?
A Yes sir.
Q Was that the west hind wheel or the east hind wheel; the one that was next to the street or the one that was next to the sid walk?
A It was the southwest wheel.
Q The southwest wheel?
A That was the wheel that stood in the street there?
A Yes sir.
Q You had hold of that at the time the command to "fall in" came?
A Yes sir.
Q And when the command to fall in came, you took your place in the ranks?
A Yes sir.
Q You did not see the bomb yourself, did you?
A I did not see the bomb, no.
Q How high was this wagon, Officer?
A Well, I don't know; I guess, maybe, seven or eight feet high.
Q You were standing on the ground?
A I was.
THE COURT: Which part of the wagon, do you mean?
Mr. BLACK: The side boards that means of course. (To witness) And I suppose you mean side boards, do you?
A I was standing on the pavement of the street.
Q You were standing on the pavement?
A Yes sir.
Q How the, did you have hold of the southwest wheel if you were standing on the pavement?
Mr. INGHAM: Pavement of the street, he said.
THE WITNESS: I was standing on the pavement of the street.
Mr. BLACK: Oh, well, we understand the street and the pavement of the street then, are the same thing, I suppose? You were standing in the street?
A Yes sir.
Q Now, the wagon, the side boards of the wagon were about seven or eight feet high, you think? It was one of those large trucks, wasn't it?
A Well, not exactly large trucks, but some kind like that.
Q And it had a bed on it, didn't it? And the sides to the bed raised, you think, about seven or eight feet from the street--is that correct?
A Yes sir.
Q You could not see over the side boards from where you stood, could you?
A Well, it wasn't sideboards on the wagon.
Q But what I mean is you could not see over the side of the wagon?
A There was only sticks in there.
Q You could not see over the side of the wagon from where you stood, could you?
A Yes sir.
Q Were your eyes above the level of the board?
A Yes sir.
Q Then do you think that board was seven or eight feet high?
Mr. INGHAM: He said they were not boards, they were sticks (The witness's answer, "There was only sticks in there" was here read by request of the court.)
Mr. BLACK: I did not catch that answer. There were sticks raised up. Now, tell me how high was the bed, the platform of the wagon?
A From the ground?
Q Yes, from the ground?
A Well, maybe about five feet.
Q Did you have hold of the wheel at the time you saw Fieldn fire?
A Yes sir.
Q When did you first see Fielden after that night?
A I haven!t seen him after that.
Q Until now?
A Yes sir.
Q When did you first see him here in court?
A This morning.
Q This morning--that is the first time?
A Yes sir.
Q And you have never seen him before?
A No sir.
Q How did you know it was Fielden, then?
A Well, I simply asked who that man was what fired the shot, and so they told me it was Fielden.
Q Who told you that it was Fielden that fired the shot?
A Some of the officers.
Q Yes, but who?
A I could not tell.
Q You did not know yourself then at the time that it was Fielden who was shooting, did you?
A No sir. I only know his face.
Q Now, what light did you have there that night to tell his face by?
A We had light enough to go and recognize any one.
Q Eaxctly. What was it? That is what I want to know.
A I don't know what kind of light it was.
Q Didn't you notice what the light was?
A No sir.
Q Haven't you b en in the court room until to-day during this trial?
A No sir.
Q This is the first day you have come in?
A Yes sir.
Q Where is your beat?
A My beat is on the west side.
Q Yes, but whereabouts?
A It is on between Morgan and Paulina street.
Q Morgan and Paulina on what street?
A Kinzie to Chicago avenue.
Q And you have not seen Fielden from that 4th of May until you saw him here to-day in court?
A Yes sir.
Q Where were you sitting to-day when you first saw him,
A I was sitting there (indicating)
Q Who pointed him out to you?
A I pointed him out myself.
Q You pointed him out?
A Yes sir.
Q You recognized him?
A Yes sir.
Q To whom did you point him out?
A To myself.
Q You yourself pointed him out to yourself?
A Yes sir.
Q You have seen his picture from time to time in th interval, haven't you?
A Well, we don't get very much time to go and look at the pictures.
Q Oh well, but you have looked at the pictures?
THE COURT: Say yes or no.
A No sir.
Mr. BLACK: You never have in fact seen his picture yourself?
A I have seen it in the paper, yes.
Q Oh well, that is what I wanted to know, whether you had not seen it in a paper in the interval--the interim-- Did you see Fielden stand up for identification when Krueger
was on the stand?
A I have seen him sitting down there.
Q Did you see him stand up this morning here in court?
A No sir; I did not come here so early; I was in the other court.
Q You were in the other court?
A I was in the police court.
Q Is this the first time you have ever testified anywh re in reference to any of these matters?
A Yes sir.
Q The first time?
A Yes sir.