Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1.
Testimony of Edmund Furthmann (first appearance), 1886 July 20.

Volume I, 495-499, 5 p.
Furthmann, Edmund.
Assistant State's Attorney.

Direct examination by Mr. Grinnell. Cross-examination by Captain Black. Testified on behalf of the Prosecution, People of the State of Illinois.

Confiscated manuscript materials, mail bags and copies of the "Revenge" circular from the Arbeiter-Zeitung offices on May 5, 1886. Testified on various topics (page numbers provide a partial guide): 1886 May 5 search of the Arbeiter-Zeitung office (vol.I 496), "Revenge" circular (vol.I 496), the Arbeiter-Zeitung (vol.I 495), meaning of "Ruhe" (vol.I 496).

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a witness for the People, having been duly sworn was examined in chief by Mr. Grinnell and testified as follows:

Q What is your name?

A Edmund Furthmann

Q You are assistant in the State'S Attorney's Office?

A Yes sir.

Q You were at the Arbeiter Zeitung office soon after the Haymarket massacre---when, as you remember?

Q I think it was about eleven o'clock, between eleven and twelve.

Q On what day?

A On the 5th of May.

Q You have seen all the matter that has been shown to Mr. Fricke, the last witness?

A Yes sir.

Q This has been in your possession since the day that you were there?

A It has been.

Q And obtained by you there?

A Yes sir.

Q Now, in what rooms did you obtain that--in the type-setting room?

A In the type-setting room.

Q Describe the inside of that room, Mr. Furthmann, as to the type ---I do not know what they call them--where they were placed around, the benches of the type or the cases for the type, different parts of that room, in a general way, so as to show what the

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room was used for?

A It was a type-setting room, which was full of desks and containing cases of type, and there were several tables there covered with stone, and at every case I suppose where the men were working was a hook containing a lot of manuscript which I took away.

Q When you got there that day how many men were there?

A We did not find any.

Q That time were doors locked?

A They were.

Q Do you remember where you found these particular or specific things---that is, take the one manuscript that has been introduced, the one with "Ruhe" on it?

A I do not think I could. I selected them before and since.

Q Took them from the hooks wherever you found them? and the manuscripts?

A Yes, I found them since.

Q Did you see any of the "Revenge" circulars, copies of which have been introduced in evidence here?

A Yes sir.

Q How many copies did you take from there that day---about how many?

A I should say twenty to twenty-five.

Cross-examination by

Q Mr. Furthmann, you say the doors were locked when you reached there?

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A They were.

Q What hour was that?

A Between eleven and twelve.

Q How did you get in?

A We got in after the doors were opened.

Q How did you open the doors and who opened them?

A By a locksmith.

Q Sent for a locksmith, did you?

A Yes.

MR. GRINNELL: I sent for him.

MR. BLACK: (Q) Did you have any search warrant for the purpose of entering those premises at that time?

A Not at all.

Q And you went there as the representatives of the law, did you?

A I suppose so.

Q To enter in violation of law the office of that paper, without a search warrant?

Objected to; objection sustained.

Q You did enter without a search warrant, did you?

A We did

Q Was there anybody there when you took these things away from there?

A No sir.

Q And did you carry away anything else besides these papers?

A Yes; we carried two mail bags away from there.

Q What did you do with those?

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A We took them over to the State's Attorney's office.

Q Was there anything in them?

A We placed all this manuscript into them.

Q Did you find anything else in them besides this manuscript?

A There is a lot there of manuscript yet that I have not examined.

Q That you have not examined. Tell me again, for I forget for the moment, what hour was it of the day that this was done?

A To the best of my recollection it was between eleven and twelve I think.

Q Who made up the party that was engaged in this entering and in the carrying away of this property?

A Mr. Grinnell, the State's Attorney, and Officer Haas, Lieut. Kiplet and myself.

Q Do you know whether or not before entering those premises by the convenient aid of a locksmith, the question of the propriety of such an entry without a search warrant was discussed between the parties?

Objected to.

MR. BLACK: The question is, whether the question of the propriety was discussed.

THE COURT: It cuts no figure.

MR. GRINNELL: I stand on the criticism.

MR. BLACK: We are not trying the State's Attorney for his anarchy now.

MR. GRINNELL: I am willing to be tried for that act.

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THE COURT: Well, that is not a subject of investigation here, whether the State's officers have done anything that they ought not to have done, or omitted to do anything that they ought to have done. That is not a subject of inquiry here.

MR. BLACK: I am glad to learn that there is something that is not being inquired into here, may it please your Honor.

THE COURT: If there were no reasonable grounds of suspicion then such an act would be a gross outrage.

MR. BLACK: The question of suspicion does not figure in the least under the laws of the State of Illinois.

THE COURT: Reasonable ground of suspicion.

MR. BLACK: That does not figure in the laws of the State of Illinois. If you want to enter premises and search them you have got to get out your warrant to search them. Without that you can'T nor any other officer of the law.

THE COURT: Well, whether you can't or not, that is not a subject of inquiry here.

MR. BLACK: Very well, then we will stop there.

Q Now you say you have had this manuscript in your personal possession from that day to this?

A Yes sir.

Q You brought it up here with the Court, did you, today?

A Yes sir.

Q You have been continuously in the State's Attorney's Office, as an assistant, from that day to this, have you?

A Yes sir.

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