Illinois vs. August Spies et al. trial transcript no. 1 Direct examination by Mr. Foster. Testified on behalf of the Defense, Spies, August et al.
Knows witness William Seliger (vol.I 506-546), he stayed at her house after being released from jail. Attempted to testify in regards to a letter written by Seliger and sent to Salomon & Zeisler in which he said that the statements he made to the police were extorted, untrue, and made on account of the threats made, and offers and inducements held out to him by the police.
Testimony of Sophia Glumm, 1886 Aug. 4.
Volume L, 511-515, 5 p.
Glumm, Sophia.
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[Image, Volume L, Page 511]
RESESS TO 2 O'CLOCK.
2 O'CLOCK P.M.
COURT RE-ASSAMBLED.
SOPHIA GLUMM,
A WITNESS CALLED AND SWORN ON BEHALF OF THE DEFENDANTS, WAS EXAMINED IN CHIEF BY MR. FOSTER, AND TESTIFIED AS FOLLOWS:
Q WHAT IS YOUR NAME?
A SOPHIA GLUMM.
Q WHERE DO YOU RESIDE?
A 673 WEST TWENTY SECOND.
Q HOW LONG HAVE YOU RESIDED IN CHICAGO?
A TWELVE YEARS.
Q DO YOU KNOW MR. SELIGER, MR. WILLIAM SELIGER?
A YES SIR.
Q DID HE EVER LIVE AT YOUR HOUSE?
A YES SIR.
Q WHEN?
A WHEN HE GOT DISCHARGED THE FIRST TIME OUT OF THE STATION.
Q YOU HEARD OF THE HAYMARKET MEETING ON THE 4TH OF MAY?
A YES SIR.
Q Q HOW LONG WAS IT AFTER THE FOURTH OF MAY BEFORE HE WAS DISCHARGED THE FIRST TIME FROM THE POLICE STATION?
OBJECTED TO.
Q BEFORE HE CAME TO YOUR HOUSE?
THE COURT: WHEN DID HE COME TO YOUR HOUSE THE FIRST TIME?
A I DON'T KNOW SURE, THAT DAY, BUT I THINK IT WAS THE 18TH OF MAY
MR. FOSTER: Q HOW LONG DID HE STAY AT YOUR HOUSE AFTER THAT TIME
A TWO WEEKS AND FOUR DAYS.
Q DO YOU KNOW WHERE HE WENT?
A WHEN HE LEFT MY HOUSE, HE SAID HE WAS GOING ---
Q |INTERRUPTING| DO YOU KNOW WHERE HE WENT?
THE COURT: IF SHE WENT ANYWHERES WITH HIM OF COURSE SHE CAN TELL THAT.
MR. FOSTER: FROM WHAT HE SAID DO YOU KNOW WHERE HE WENT OR WHERE HE LEFT TO GO?
THE COURT: THAT WOULD NOT BE ADMISSIBLE. I DON'T RECOLLECT WHETHER ANY FOUNDATION WAS LAID FOR IT OR NOT.
MR. FOSTER: Q HE WAS HOW LONG AT YOUR HOUSE?
A TWO WEEKS AND FOUR DAYS.
Q DURING THE TIME THAT HE WAS THERE, DID YOU HAVE ANY CONVERSATION WITH HIM IN RECARD TO A LETTER THAT HAD BEEN WRITTEN TO SALOMON & ZEISLER?
A YES SIR.
Q WHEN WAS IT THAT YOU HAD THIS CONVERSATION?
A WHEN HE FIRST CAME to me.
Q NOW, WHAT DID HE SAY IN REGARD TO THE CAUSE OR THE REASON FOR HIS WRITING THAT?
OBJECTED TO ON THE GROUND THAT NO FOUNDATION HAS BEEN LAID FOR THE QUESTION.
THE COURT: WHERE IS THE CROSS EXAMINATION OF SELIGER ON THAT SUBJECT?
MR. FOSTER: THIS QUESTION WAS ASKED HIM. |READS| "DIDN'T "YOU WRITE THIS LETTER VOLUNTARILY.
A YES, I WROTE IT BECAUSE
"I BELIEVED THAT I WAS NOT SAFE AT LIBERTY. I HAD TOLD AT VARIOUS TIMES THAT I WAS TRAITOR."
THE COURT: THAT IS NO CROSS EXAMINATION LAYING ANY FOUNDATION FOR HIS DECLARATIONS.
MR. FOSTER: HE SAYS HERE, HE GAVE AS A REASON---THE QUESTION WAS ASKED, "DIDN'T YOU WRITE IT VOLUNTARILY", AND HE SAYS, "YES, "I WROTE IT BECAUSE I BELIEVED I WASN'T SAFE AT LIBERTY."
THE COURT: IT IS NOT POSSIBLE I AM SAYING ANYTHING THAT IS NOVEL TO YOU IF I SAY THAT IN ORDER TO INTRODUCE A PRIOR DECLARATION OF A WITNESS ON ANY SUBJECT, YOU MUST FIRST CROSS EXAMINE HIM AS TO THE TIME, PLACE AND PERSON TO WHOM HE IS SUPPOSED TO HAVE MADE THOSE PRIOR DECLARATIONS.
MR. FOSTER: I WILL COMMENCE WITH REFERENCE TO ANOTHER STATEMENT.
Q DID YOU HAVE ANY CONVERSATION WITH MR. SELIGER DURING THE TIME HE WAS STOPPING WITH YOU?
A YES SIR.
Q WITH REFERENCE TO THE STATEMENT THAT HE HAD MADE TO THE OFFICERS OR TO THE COUNSEL FOR THE PROSECUTION, A WRITTEN STATEMENT THAT HE HAD MADE?
A YES SIR.
Q WHEN WAS IT YOU HAD A CONVERSATION WITH HIM ON THAT SUBJECT?
A A COUPLE OF DAYS AFTER HE CAME TO OUR HOUSE.
Q WHAT PARTICULAR STATEMENT WAS IT THAT HE REFERRED TO, OR WHAT DID HE SAY ABOUT THE STATEMENT?
OBJECTED TO.
Q NOT THE CONTENTS OF IT---I AM NOT ASKING YOU FOR THE CONTENTS ---WHAT DID HE SAY IN REGARD TO HAVING MADE ANY STATEMENT, AND
IF SO, TO WHOM?
THE COURT: I DON'T SEE WHY IF YOU ARE GOING TO OBJECT, YOU DON'T OBJECT TO THE FIRST QUESTION ABOUT HAVING ANY CONVERSATION. YOU DID PERMIT TWO QUESTION TO BE ASKED. THE OBJECTION SHOULD HAVE BEEN MADE AT THAT TIME. OF COURSE WHEN THEY CALL FOR A CONVERSATION YOU CAN'T OBJECT.
MR. INGHAM: I ALWAYS SUPPOSED THAT WAS THE TIME TO OBJECT
THE COURT: IF A CONVERSATION ITSELF CANNOT BE ADMITTED, THE THE QUESTION AS TO WHETHER THERE WAS A CONVERSATION IS OBJECTIONABLE. WHERE IS THE FOUNDATION FOR ANY CONVERSATION WITH SELIGER WITH THIS WITNESS?
MR. FOSTER: AFTER ASKING A GREAT MANY QUESTIONS, THIS QUESTION WAS ASKED MR. SELIGER: "NOW, THEN, DID YOU STATE TO ANY ONE "THAT THE STATEMENTS WHICH YOU DID MAKE WERE BECAUSE IF YOU MADE "THEM, YOU WERE PROMISED YOUR LIBERTY?"
THE COURT: YOU DON'T CLAIM THAT THIS IS ANY FOUNDATION FOR INTERROGATING THIS WITNESS AS TO WHAT SHE TALKED WITH HIM?
MR. FOSTER: THAT IS THE COMMON WAY OF PUTTING IT---DID YOU SAY TO SUCH A PERSON, YES OR NO---NOW, DID YOU SAY TO ANY ONE AT THAT TIME AT ANY PLACE.
THE COURT: BEFORE YOU CAN QUESTION A PERSON, YOU HAVE FIRST TO ASK THE OTHER ONE THE QUESTION. IT IS USELESS FOR ME TO SAY THIS BECAUSE YOU KNOW IT.
MR. FOSTER: I DON'T THINK IT IS GOOD PRACTICE FOR US TO STATE IN THE HEARING OF THE JURY WHAT WE WANT TO PROVE BY A WITNESS, BUT WE WANT THE RECORD TO SHOT WHAT WE WANT TO PROVE. WE WILL WRITE
OUT, AND HAND TO THE REPORTER IF THE GENTLEMEN HAVE ANY OBJECTION TO OUR MAKING THE OFFER PUBLIC BEFORE THE JURY.
THE COURT: YOU HAVE A RIGHT TO MAKE YOUR OFFER.
MR. FOSTER WE OFFER TO PROVE BY THIS WITNESS THAT MR. SELIGER SAID THAT THAT STATEMENT HAD BEEN EXTORTED FROM HIM BY THE OFFICERS, AND WAS MADE BY HIM, AND WASN'T TRUE, AND THAT IT WAS MADE ON ACCOUNT OF THE THREATS MADE, AND OF THE OFFERS AND INDUCEMENTS WHICH WERE HELD OUT TO HIM, AND THE PROMISE OF LIBERTY, IF THEY WERE MADE.
THE COURT: I OVERRULE ALL QUESTION AS TO ANY CONVERSATIONS BY SELIGER WITH THIS WITNESS, FOR THE REASON THAT SELIGER WAS NOT CROSS EXAMINED ABOUT IT, AND IT'S AN INDISPENSIBLE PREREQUISITE OF PUTTING IN HIS DECLARATIONS THAT HE SHALL HAVE BEEN FIRST CROSS EXAMINED.
DEFENDANTS' COUNSEL THEN AND THERE EXCEPTED TO THE RULING OF THE COURT.
MR. FOSTER: WE OFFER TO PROVE THE SAME STATEMENTS BY MRS. GEHRIGER.
THE COURT: I DON'T PASS ON ANY OFFER. YOU ASK THE QUESTION AND THEN I WILL PASS UPON THE QUESTION.