Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1.
Testimony of Michael H. Marks, 1886 July 28.

Volume K, 367-374, 8 p.
Marks, Michael H.
Officer, Chicago Police Department.

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

Questioned August Spies and Samuel Fielden after their arrests. Testified on various topics (page numbers provide a partial guide): experiments with explosives (vol.K 369), 1886 May 5 search of the Arbeiter-Zeitung office (vol.K 367), items confiscated from the Arbeiter-Zeitung office or the defendants' homes (vol.K 368), Spies, August (vol.K 368), Neebe, Oscar (vol.K 367).

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MICHAEL H. MARKS, a witness called and sworn on behalf of the People; was examined in chief by Mr. Ingham and testified as follows:

Q What is your name?

A Michael H. Marks.

Q What is your business?

A Police Officer.

Q Connected with what station?

A The Central station.

Q Were you at the Arbeiter Zeitung building on the 5th of May?

A I was, sir.

Q What time did you go there?

A About ten o'clock in the morning.

Q Who did you go with?

A I went with several officers of the central station.

Q Tell what you found there after you got there?

A I went up to the third floor of that building, opened the door and walked right in. I didn't see anybody present. and walked down to the second floor, and went down to the second floor. There I met that gentleman sitting there, Mr. Neebe. (Pointing to Neebe) I says: "Who has charge of this office?" He says: "I am in charge in the absence of Mr. Spies and Mr. Schwab." I says: "Who occupies these rooms above this?" He says: "That is the editorial rooms of the Arbeiter Zeitung." I says: "Who occupies that floor?" He says: "They are the offices of Mr. Spies and Schwab." I says: "I am going up stairs to make a search of that floor." He says: "All right, you can go, but you will not find anything there but papers and writing material." I went upstairs and Mr. Neebe followed me. As I came in there was a desk there facing west.

Q Which room was that?

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A That was the front room on the third floor.

Q On the east or west side of the building?

A On the east side.

Q Which way does the building face?

A As you go up to it, if faces west. I faced west going up.

Q Which end of the building were you in, towards the street?

A I was towards the street on the east side of the street. And asked Mr. Neebe whose desk this was. He says: "That desk is the desk of Mr. August Spies." I then turned around the room going east, and there I found a closet. Mr. Duffy, Officer Duffy then came in and walked towards the closet with me. I seen a shelf about ten feet high. I got a chair and got onto it, and on the top of the shelf, I seen a large bag, kind of bag with brown paper a round it, and I lifted it off the shelf, and brought it down and walked towards Mr. Spies' desk, and placed it on a chair. Mr. Neebe was standing there, and I says: "What is this?" He says: "I don't know." I opened it and felt it. It was kind of yellowish greasy sawdust. He says: "I guess that is for cleaning type." Officer Haas was standing by the door, and I says: "You better go up stairs and call down Lieut. Shea." He goes up stairs, and Lieut. Shea comes down and looks at it, and he says "You better be careful how you handle that. Take it right over to the central station."

Q Was it taken to the central station?

A I took it over to the central station.

Q Have you seen that package in court?

A I have.

Q In connection with the testimony of what witness?

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A In connection with the testimony of Duffy and McKeough.

Q Look at the plat which I now show you, first floor, second floor, fourth floor (shows witness a plan of the Arbeiter Zeitung building). Where did you find that?

A Right in here.

Q Which room?

A Third floor.

Q In the closet?

A Yes, sir. The shelf was facing east and west.

by Mr. Black.

Q How large a closet was this?

A Just a small little closet.

Mr. INGHAM: Q Were you present at the time any experiments were made with any of the substances which you found there?

A Yes, sir.

Q Who made those experiments?

A Mr. Buck.

Q The witness who testified in this case?

A Yes, sir. Officer McKeough and myself.

Q What was the substance he experimented with-- where did he get it?

A From the bag I brought over to the central station.

Q The explosive he used came from that bag?

A Yes, sir, I was present when he took it out of the bag.

MR.BLACK: Q State how many feet that closet was each way?

A About five or six feet.

Q Was it as deep from ton rear as it was wide?

A No, it was a little deeper.

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Q How many sides of the closet had shelves on them?

A That was the only shelf there.

Q That was the only shelf in the closet?

A Yes, sir.

Q Was that shelf at one end, the side of the closet or back of the closet?

A It was at one end.

Q How high was that above the door going into the closet?

A Well, I don't know exactly.

Q Was it above the door at all?

A It was above the door.

Q You can't tell how high?

A Well, I can't tell. I did not take a good look at the door.

Q What hour of the day was it you made this search and find?

A About ten o'clock. It might be a little after.

Q Were there any other shelves in that closet than this one upon which this bag was found?

A That was the only shelf.

Q You say Mr. Neebe went up stairs with you.

A He followed me upstairs, yes, sir.

Q And went into this room where this closet was?

A Yes, sir.

Q He was in there you say while this search was going on, and you showed the bag to him?

A I did, yes, sir.

Q Who else was present at the time you showed that bag to Neebe, besides yourself and Neebe?

A Officer Duffy was in the room examining the library case about that time.

Q Was the three of you the only ones there?

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A Officer Haas was standing by the door.

Q Which way was Haas looking, into the room or out of the room?

A That I could not say, what way he was looking.

Q Duffy and Haas saw you show this bag to Neebe?

A Neebe was sitting on Mr. Spies desk.

Q The question is, whether Duffy and Haas saw you show this bag to Neebe?

A I don't know.

Q Did they see Neebe in the room there at that time?

A I suppose they did. I can't tell.

Q You don't know?

A I don't know.

Q Did they see Neebe go into that room with you or following you?

A I don't know what they seen.

Q So far as you know you are the only person that knew that Neebe wa in that room with you?

A I only know what I know myself

Q So far as you know you were the only person that knew that Neebe was in that room with you?

A I only know what I know myself.

Q So far as you know you were the only person that knew Neebe was in the room at that time---who was it found that bag?

A It was I that took the bag from the shelf.

Q Who found it?

A I did.

Q You got a chair you say and reached up and got it down?

A Yes, sir.

Q What part of the chair did you stand on when you got it down?

A I stood right on the chair the centre of it.

Q You were standing on an ordinary chair, and you reached up to this shelf and took the bag down?

A Yes, sir.

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Q What is your statue?

A Five feet eight.

Q Was Mayor Harrison in the room at that time?

A He was not.

Q Was he in the building at the time to your knowledge?

A I don't know.

Q Had you seen him on the second floor of that building just before you went up stairs?

A I did.

Q Did you leave the Central Station with Mayor Harrison?

A I did not.

Q How many officers were in the party with you going over from the central station to the Arbeiter Zeitung building?

A I judge about eight or ten.

Q But Mayor Harrison was not of the party?

A I don't know.

Q Did you find him at the building, the Arbeiter Zeitung building when you got there, or did he come there after you come in?

A I seen Mayor Harrison on the second floor of that building.

Q Do you know whether he got there before you did or afterwards?

A I don't know.

Q Do you say you asked Mr. Neebe who was in charge there?

A I did.

Q Was not that question asked by Mayor Harrison?

A Not that I know of.

Q You asked him?

A I asked him.

Q Neebe told you he was?

A He was.

Q Then you say when you went up stairs you suggested to him that you wanted to search and he responded, that you would not find anything, and he followed you, and you went first into this front

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A Yes, sir.

Q Did you find that package before Mayor Harrison left that building or afterwards?

A I seen Mayor Harrison on the second floor about two or three minutes after I went up stairs. I didn't see Mayor Harrison after that.

Q Was that after you had found the package or before?

A That was before I found the package.

Q Can you tell who were in the office besides yourself and Neebe when you had this conversation with Neebe on the second floor in which he told you that he was in charge there?

A There was Mr. Neebe, Mrs Parsons and a young man, two young men,

Q Who were they if you know?

A I don't know, they were writing and walking around the office, a gentle man and a lady.

Q You were then the only detective in the room at that time, the time of that conversation with Neebe, were you?

A No, sir.

Q What other detectives were present at that time?

A Detective Haas was present, and Boyd and two or three others.

Q Did Haas and yourself leave the building together with your find?

A No, sir.

Q Who went with you when you went over to the central station, taking this package?

A Well, I don't remember if it was Duffy or McKeough, either one of those two. Somebody went along.

Q Was Haas of the party that went with you from the central station to the Arbeiter Zeitung building?

A He was, yes sir.

Q You went a long together to the cbuilding, but did not come

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back together.

(No response)

Q Did you go up to the top floor to that building at that time?

A I did not.

Q Do you know as a matter of fact whether at the time of your visit there and finding this package, the compositors were at work in the upper floor, or whether they had been arrested and taken to the station?

A I did not know that they were arrested.

Q You can't tell then whether your visit was before or after their arrest?

A No, sir.

Q How long have you been in the detective service?

A At the central station about six months. At the Harrison station about a year.

Q About eighteen months altogether then?

A Yes, sir.

Q Think a moment-- did you take this bag down to the second floor where you first found Neebe and there exhibit it to Shea, or did Shea come up stairs to the third floor and there examine it.

A Shea came from the top floor down to the third floor, and examined it.

Q So that the exhibition of it was on the third floorL?

A On the third floor.

Q It was there that this examination by Shea took place?

A Yes, sir.

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