Affiant Sigmund Zeisler, attorney for the defense, stated that in late September 1886, he met on the street James H. Cole, a juror in the case of Illinois v. August Spies et al. In his conversation with Zeisler, Cole stated that the jury could not have been mistaken as to the evidence presented during the trial because all of the jurors kept copious notes as the evidence was being introduced. Further, Cole stated to Zeisler that the jury knew their verdict before the lawyers began their closing arguments.

MR. SALOMON read the affidavit of Sigmund Zeisler.

Sigmund Zeisler, being on oath first duly sworn, deposes and says, that he resides with his family at No. 307 East Chicago Avenue, in the City of Chicago, Cook County aforesaid, and is a practicing attorney at law in said city; that about a week or ten days ago he met Major James H. Cole, who was one of the jurors in the trial of the above cause. It was about noon and in front of the Chicago Opera House on Washington Street, between Clark and La Salle streets, that affiant met said J. H. Cole and got into a conversation with him, in the course of which he, the said Cole, said in substance the following, viz: "Well, I tell you, we (meaning the jury in said trial) could hardly make a mistake as to what the evidence was. When the taking of evidence commenced, I myself suggested to the other jurors, that this was probably going to be a very long and tedious trial, that the mass of evidence will be enormous, and that we all ought to take notes of the evidence as it would be introduced. You saw," added the said Cole, "that that proposition was carried out. Every one of us had a full synopsis of the important points of the evidence. No, there could be no mistake about the evidence, we all know what it was, before the lawyers commenced their arguments," or words to that effect.

Affiant further says, that he was present at the trial of the above cause during all the time evidence was introduced therein

and always had a place near the seats of the jurors in said case, and he noticed that most of the said jurors were almost incessantly writing in little note books, while evidence was introduced, most of them in long-hand, one juror, named John B. Greiner, in short-hand. And further affiant saith not.

Sigmund Zeisler.

Subscribbed and sworn to before me this 30th day of September A. D. 1886.

Charles Werno,
(SEAL) Notary Public.