Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Testimony of Michael Whalen (first appearance), 1886 July 29.

Volume K, 636-640, 5 p.
Whalen, Michael.
Officer, Chicago Police Department.

Direct examination by Mr. Ingham. Testified on behalf of the Prosecution, People of the State of Illinois. People's Exhibit 131 a&b (vol.K 638) introduced into evidence.

Police officer at the Chicago Ave. Station. Found bombs under the sidewalk at 351 N. Paulina. Testified on various topics (page numbers provide a partial guide): Most, Johann (vol.K 639), experiments with explosives (vol.K 638), discovery of bombs or explosives out of doors (vol.K 637), discussion of legal procedure (vol.K 638), People's Exhibit #131 a&b (vol.K 638).

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a witness called and sworn on behalf of the people was examined in chief by Mr. Ingham and testified as follows:

Q You are a police offiecr?

A Yes sir.

Q Connected with what station?

A Connected with the Central station, detailed to the Chicago avenue station on the

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north side.

Q Did you ever see these cans before'

A I did.

Q When did you see them first?

A At 351 North Paulina street.

Q In the yard?

A In the yard.

Q How far is that from Wicker Park, do you know?

A I could not say positively. It might be very near a mile I think a half a mile.

Q Where is it with reference to other streets?

A It is one block north of Chiacgo Avenue.

Q Paulina street is where?

A Paulina runs north, crosses a little nothwest of division street. Paulina crosses near that Park.

Q What Park

A Wicker Park, I think.

THE COURT: Q Paulina street is east and west or north and south street?

A North and south.

Q How far is it west of state street?

Q It is two or three miles, about two miles.

Mr. BLACK: It is the second block west of Ashland, and Ashland is two miles west of State.

THE COURT: It would be two miles west of Dearborn street would it not?

Mr. BLACK: As near as I can get to it. Although the blocks may not be exactly the same, it may go into the record that it is parallel with Ashland Avenue and two blocks west of Ashland

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Avenue, and that Ashland Avenue is two miles west of State street,.

MR. INGHAM: Q We want to know its proximity to Wicker Park-- do you know?

A I do not.

Q How may cans did you find?

A Found four.

Q Are they in the same condition now as they were when you found them?

A There is one we emptied.

Q Did they have this arrangement in when you found them (indicating)?

A Yes sir, I looked at every one of them.

Q What did you do with them"?

A I fetched them to the station to return them to Captain Schaack.

Q One of these is partially full of liquid-- is that the same liquid, so far as you know?

A That is the same liquid.

Q Is there as much in there as there was when you found it?

A There was more than that in it. It was very near full, about two thirds full.

Mr. INGHAM: I offer this in evidence.

(Photograph of same marked People's Ex. 131, contained in volume of exhibits here to attached.

Objected to.

THE COURT: I have no intimation as to what was in them.

Mr. INGHAM: We expect to show the effect of it.

THE COURT: Are you willing to state what you expect to prove?

MR. INGHAM: We expect to show an officer experimented with one of these and threw the burning oil over a large distance.

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Our theory is it is a machine for the purpose of burning up buildings, to be used on that night. In Most's book this is described.

MR. GRINELL: Here is a phial connecting with a fuse and filled with powder. Touch this off and it will burn. It is either kerosene or some other inflammable liquid.

MR" BLACK: That is something that was found a month after the Haymarket. That was found on the 2nd day of June. It is not connected directly or indirectly with any of these defendants. There is no pretense that any of these defendants were in that locatily or in that neighborhood, or that any of these defendants ever had anething whatever to do with the manufacture of anything of this sort.

MR. FOSTER: You might as well show the centents of a Magazine where powder is kept outside of the city.

THE COURT: If there is evidence tending to show the dissemination of Mos't pamphlet, and then these articles in the Alarm, if they contain also the same things which were in Most's book as to the means of producing conflagrations, then perhaps they are admissible.

MR. BLACK: Without being connected with the defendants?

MR. SALOMON: They wre not on trial for attempting to produce conflagrations.

THE COURT: No, they are not on trial for anything but the offense charged in the indictment; but as I said in the begining if that one offense was incident to a large plan, then the

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investigation of that one offense lets in everything. As it stands at present I won't admit them.

MR. BLACK: Then we make a motion, which I do not ask your honor to rule upon, that this testimony be excluded until proper proof is made.

THE COURT: The right to make a motion to exclude all the evidence will exist at any time, and that motion may be made at any time,. If there is anything in the copies of the Alarm on this subject that is in evidence I would like to see that, and the portion of the translation of Most's book which you say refers to that.

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