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. Attended the Haymarket meeting and had a conversation with Officer Kelly, the Bailiff of the Desplaines Street station, in front of the station during the meeting. Testified on various topics (page numbers provide a partial guide): "Attention Workingmen" flier (vol.L 528), Zepf's Hall (vol.L 528), police knowledge of anarchist activities (vol.L 532), actions of police during the Haymarket meeting (vol.L 532).
Testimony of Theodore Weimeldt, 1886 Aug. 4.
Volume L, 526-532, 7 p.
Weimeldt, Theodore.
Canvasser for pictures and frames.
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[Image, Volume L, Page 526]
THEODORE WEIMELDT,
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 THEODORE WEIMELDT.
Q WHERE DO YOU LIVE?
A 84 WEST SCHOOL STREET.
Q HAVE YOU A FAMILY?
A YES SIR.
Q DO YOU LIVE THERE?
A YES SIR.
Q HOW LONG HAVE YOU RESIDED IN THE CITY OF CHICAGO?
A SINCE THE DAY I WAS BORN PRETTY NEAR.
Q HOW OLD ARE YOU?
A THIRTY SIX OR SEVEN-- BORN IN 1849.
Q BORN IN 1849, AND LIVED HERE EVER SINCE?
A YES SIR, ONLY I TRAVELED.
Q WHAT IS YOUR BUSINESS?
A CANVASSING FOR PICTURES AND FRAMES
Q HOW LONG HAVE YOU BEEN ENGAGED IN THAT BUSINESS?
A IN THE NEIGHBORHOOD OF EIGHT YEARS.
Q WHAT WAS YOUR BUSINESS BEFORE THAT?
A COOPER.
Q COOOPER BY TRADE?
A YES SIR.
Q FOR THE LAST EIGHT YEARS YOU HAVE BEEN CANVASSING FOR PICTURES AND PICTURE FRAMES?
A YES SIR.
Q WERE YOU AT THE HAYMARKET MEETING ON THE 4TH OF MAY LAST?
A I WAS FOR A TIME.
Q HOW DID YOU COME TO GO THERE?
A I WAS WALKING ALONG AND SAW MR. LEVI ON MADISON STREET WHO KEEPS A FURNACE STORE ON SOME BUSINESS, AND THERE WAS A CIRCULAR HANDED TO ME.
Q WOULD YOU RECOGNIZE THAT CIRCULAR IF YOU SAW IT, OR ONE LIKE IT?
A I MIGHT, I DIDN'T LOOK AT IT SO VERY CLOSE.
Q JUST LOOK AT THE CIRCULAR I SHOW YOU, MARKED "DEFENDANTS EXHIBIT 1", AND STATE WHETHER THAT IS THE NOTICE OR LIKE THE NOTICE THAT YOU SAW?
A THIS IS THE NOTICE I GOT.
Q NOW I WILL SHOW YOU A NOTICE LIKE THE ONE YOU ARE NOW EXAMINING EXCEPT THAT IT HAS THE BOTTOM LIKE "WORKINGMEN, ARM YOURSELVES AND APPEAR IN FULL FORCE."
A I DIDN'T GET THAT.
Q THE CIRCULAR YOU READ DIDN'T CONTAIN THAT CLAUSE?
A A NO SIR.
Q WHOM DID YOU SAY HANDED IT TO YOU?
A SOME MAN PASSING BY HAD A LOT OF THEM.
Q WHAT TIME IN THE EVENING WAS IT THAT YOU RECEIVED THE CIRCULAR?
A IT MUST HAVE BEEN IN THE NEIGHBORHOOD OF ABOUT SIX OR SEVEN.
Q DID YOU GO TO THE MEETING THAT NIGHT?
A I DID.
Q AT WHAT HOUR DID YOU GET THERE?
A I GOT THERE ABOUT HALF PAST SEVEN.
Q WHO WAS SPEAKING AT THAT TIME -- OR WAS ANY ONE SPEAKING?
A WHEN I WENT UP TO MARKET SQUARE THERE WAS NOBODY THERE FIRST.
Q DID YOU HEAR ANY SPEAKING AFTERWARDS?
A I WENT FROM THERE UP TO ZEPF'S HALL, AND HEARD SOME ONE AROUND THERE, AND SEEN A CROWD GATHERING AROUND DESPLAINES STREET, CRANE'S BUILDING, WENT DOWN THERE THEN, AND WHEN I GOT THERE I COULD NOT GET NEAR ENOUGH TO HEAR ANYTHING.
Q ARE YOU A SOCIALIST?
A NO SIR.
Q OR AN ANARCHIST?
A NO SIR.
Q OR A COMMUNIST?
A NO SIR, I AM AN AMERICAN.
Q WHO WAS SPEAKING AT ANY TIME, IF YOU WERE NEAR ENOUGH TO KNOW OR SEE?
A I COULD NOT RECOGNIZE ANY ONE--WAS TOO FAR OFF.
Q YOU WERE NOT NEAR ENOUGH TO RECOGNIZE ANY SPEAKERS?
A A NO SIR.
Q HOW LONG DID YOU STAY THERE BEFORE GOING AWAY?
A I STAID THERE IN THE NEIGHBORHOOD OF THREE QUARTERS OF AN HOUR I GUESS---SOMETHING LIKE THAT.
Q DID YOU THEN GO AWAY?
A YES, I WENT AWAY TO GET A GLASS OF BEER.
Q WHERE DID YOU GO TO GET A GLASS OF BEER?
A CORNER OF WALDO AND DESPLAINES.
Q I WILL ASK YOU IF DURING THE TIME YOU WERE GETTING YOUR GLASS OF BEER YOU MET WITH A GENTLEMAN BY THE NAME OF KELLY?
A I DID.
Q WHO IS MR. KELLY?
A BAILIFF OF DESPLAINES STREET. STATION.
Q WHAT IS HIS FIRST NAME?
A I DON'T KNOW. I ALWAYS CALL HIM MR. KELLY. THAT IS ALL THE NAME I KNOWED HIM BY.
Q HOW LONG HAVE YOU BEEN ACQUAINTED WITH MR. KELLY?
A FOUR TO FIVE YEARS, I GUESS, IF NOT MORE.
Q DID YOU HAVE A CONVERSATION WITH MR. KELLY AT THAT TIME?
A I DID.
Q WHERE?
A RIGHT AT THE CORNER OF THE STATION ON THE CURB STONE.
Q IN FRONT OF THE STATION?
A RIGHT IN FRONT OF THE STATION.
Q OF DESPALINES STREET STATION?
A YES SIR, OF DESPLAINES STREET STATION.
Q HOW NEAR WAS THAT TO WHERE YOU WERE GOING FOR YOUR BEER?
A IT WAS RIGHT ACROSS THE ALLEY THERE, WALDO PLACE, ACROSS THE STREET.
Q WAS IT ON THE ROAD TO WHERE YOU GOT YOUR BEER?
A YES SIR, ON THE ROAD, WAS GOING RIGHT IN THAT SALOON.
Q YOU PASSED HIM IN GOING TO THE SALOON?
A I PASSED THE STATION.
Q DID HE GO WITH YOU TO THE SALOON?
A HE DID NOT, FOR I DIDN'T ASK HIM.
Q HOW LONG A TIME DID YOU CONVERSE WITH HIM THERE?
A OH, ABOUT FIFTEEN OR TWENTY MINUTES.
Q I WILL ASK YOU WHAT MR. KELLY SAID, IF ANYTHING, IN REGARD TO TROUBLE THAT MIGHT BE EXPECTED THAT NIGHT?
OBJECTED TO.
THE COURT: HOW IS THAT COMPETENT?
MR. FOSTER: THE GENTLEMEN ON THE OTHER SIDE WERE PERMITTED TO TELL ABOUT EVERYTHING THAT WAS SAID DOWN AROUND DESPALINES STREET STATION THERE.
THE COURT: ABOUT THE ORDERS THAT THE POLICE HAD TO FALL IN, AND THE MANNER OF THEIR FALLING IN. I HAVE LOOKED UP THE RECORD AND IT CAME IN WITHOUT A SYLLABLE OF OBJECTION ON FROM ANY SOURCE IF THERE HAD BEEN ANY OBJECTION TO THE ORDERS GIVEN TO THE POLICE
AT THE STATION BEFORE THEY GOT UP IN THE NEIGHBORHOOD OF THE MEETING, IT WOULD HAVE BEEN UNDER CONSIDERATION WHETHER SUCH ORDERS COULD BE ADMITTED IN EVIDENCE OR NOT; BUT THERE BEING NO QUESTION MADE ON THAT SUBJECT, THERE WAS NO CONSIDERATION GIVEN IT. IT WENT IN BY MUTUAL CONSENT.
MR. FOSTER: WE HAVEN'T CONSENTED TO ANYTHING. WE HAVE OBJECTED TO IT.
THE COURT: IT CAME IN WITHOUT OBJECTION.
MR. FOSTER: IF MY MEMORY SERVES ME RIGHT, UNDER OUR OBJECTION MR. BONFIELD AND CAPTAIN WARD, PUT PARTICULARLY MR. BONFIELD WAS ALLOWED TO DETAIL WHAT INSTRUCTIONS HE HAD GIVEN MEMBERS OF THE DETECTIVE FORCE WHO WENT OUT INTO THE CROWD AND RETURNED AND REPORTED AS TO THE CHARACTER OF THE MEETING.
MR. GRINNELL: THE FACT DOES APPEAR THAT PARTIES WENT FROM THE STATION TO THE MEETING AND BACK AGAIN. WHAT THEY WENT FOR, WHAT THEY SAID WHEN THEY RETURNED, YOU DID OBJECT TO AND IT WAS NOT ADMITTED.
THE COURT: GET THE RECORD BEFORE IT IS TALKED ABOUT PUTTING ME IN A FALSE POSITION.
MR. FOSTER: I AM NOT TALKING ABOUT PUTTING ANY ONE IN A FALSE POSITION. I AM GIVING THE COURT MY RECOLLECTION OF THE TESTIMONY.
DEFENDANTS EXCEPT TO THE RULING OF THE COURT.
Q HOW LONG DID YOU CONVERSE WITH MR. KELLY?
A FIFTEEN OR TWENTY MINUTES.
Q IN FRONT OF THE STATION?
A YES,.
Q AT THAT TIME DID YOU OBSERVE A LARGE NUMBER OF PATROL WAGONS AND A LARGE NUMBER OF POLICE CONGREGATED THERE?
A I DID.
Q I WILL ASK YOU WHETHER YOU AND MR. KELLY LOOKED IN THE DIRECTION OF THE POLICE AND THE PATROL WAGON?
A WE DID.
Q AND DURING THAT TIME YOU CONVERSED WITH EACH OTHER?
A YES SIR.
Q I WILL ASK YOU WHETHER AT THE TIME YOU LEFT THE MEETING AND WENT DOWN THERE YOU INTENDED TO RETURN TO THE MEETING AGAIN?
OBJECTED TO.
A I DID SIR.
Q I WILL ASK YOU WHETHER OR NOT AFTER HAVING THIS CONVERSATION WITH MR. KELLY, THE BAILIFF OF THE DESPLAINES STREET STATION, WHETHER YOU RETURNED TO THE MEETING OR WHETHER YOU WENT HOME?
A I WENT HOME.
Q DIRECTLY HOME?
A DIRECTLY HOME.
Q DID YOU MEET ANYBODY ON THE ROAD HOME THAT DAY THAT WAS GOING TO THE MEETING?
A I DID, SIR, TWO OR THREE PEOPLE THAT I KNEW.
Q NEVER MIND WHAT YOU TOLD THEM. DID THEY CONTINUE TO GO TO THE MEETING OR DID THEY RETURN HOME?
A THEY RETURNED HOME.
MR. FOSTER: THAT IS ALL.