Illinois vs. August Spies et al. trial transcript no. 1. Direct examination by Mr. Salomon. Testified on behalf of the Defense, Spies, August et al. Testified as to Gilmer's general reputation for truth and veracity. Testified on various topics (page numbers provide a partial guide): Gilmer, Harry (vol.L 274).
Testimony of Austin Mitchell, 1886 Aug. 3.
Volume L, 274-279, 6 p.
Mitchell, Austin.
Painter.
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[Image, Volume L, Page 274]
AUSTIN MITCHELL,
a witness called and sworn on behalf of the defendants, was examined in chief by Mr. Salomon, and testified as follows:
Q What is your name?
A Austin Mitchell.
Q Where do you reside?
A 295 West Randolph street.
Q How long have you lived there?
A Four years last May.
Q How long have you lived in the City of Chicago?
A Twelve of fourteen years.
Q What is your business?
A painter.
Q Are you a married man?
A No sir.
Q Do you know one Harry L. Gilmer?
A Yes sir, I know him by sight.
Q How long have you known him by sight?
A Perhaps six months.
Q Do you know his general reputation for truth and veracity where he resides---that is what people say about him?
THE COURT: The question don't call upon you to state what people say, but simply to state do you know, or don't know.
THE WITNESS: No sir.
MR. SALOMON: Q My question is, what do the neighbors about there, say about his general reputation?
THE COURT: That is not competent.
MR. SALOMON: Q Do you know what they say about him?
THE COURT: Don't tell what they say, but simply, do you know what his general reputation is?
THE WITNESS: No sir, I don't.
MR. SALOMON: Q Do you understand what the question is. What I wish to know is what do people around there say about Mr. Gilmer. Have you never heard people talk about him?
A Yes.
Q Have you heard them discuss his reliability for truth and varacity, whether he would tell the truth or otherwise?
THE COURT: That is not admissible.
MR. SALOMON: The witness doesn't understand the question.
THE COURT: Mr. Mitchell manifestly is familiar with ordinary English, and the question is, whether he knows what the general reputation of Gilmer is among the neighbors and associates for truth and veracity. He says he don't.
MR. SALOMON: I understand him to say now that he does. Do you understand the question Mr. Mitchell. What I wish to know is, if you know what people where he resided or has resided, say about him as to his general reputation for truth and veracity---whether you ever heard anybody discuss that--- yes or no?
A Yes.
THE COURT: That is not competent. Mr. Salomon puts the question whether he heard anybody discuss it. That don't make a general reputation. A general reputation is the general
talk of the men among those with whom he is acquainted, or with those who are acquainted with him.
MR. SA OMON: Q I will ask you if you know what people generally say about him as to his general reputation for truth and veracity.
THE COURT: That is not competent. The question which may be put is fixed by the statute.
MR. SALOMON: Q I will ask you again, Mr. Mitchell, do you know his general reputation for truth and veracity among his neighbors where he has resided?
THE COURT: Yes or no.
THE WITNESS: No sir, I don't: know.
THE COURT: Stand aside.
MR. FOSTER: I would like to ask this witness a few questions. There is as much trouble about this as there was about the question put to the jury. I would like to know whether he means it as a fact as to whether he is called upon to say that he of his own knowledge knows the character of a man that he is not acquainted with.
THE COURT: He understands that it is his general reputation among his neighbors and his associates.
MR. FOSTER: That is why I asked the court to allow me to ask a few questions.
THE COURT: Go on.
MR. FOSTER: Q Now, Mr. Mitchell, you say that you are not personally acquainted with him. You know him by sight?
A I have spoke to him.
Q How long have you known him?
A Six months, perhaps longer.
Q You have just a speaking acquaintance?
A That is all.
Q You know nothing of his character from mingling with him or associating with him?
A No sir.
Q Have you heard his character discussed by those who did associate with him or who knew him?
Objected to.
A I have.
THE COURT: That is not competent.
MR. FOSTER: Strike it out if the court says it is not competent.
Q You have heard persons discuss his reputation for truth and veracity--is that true?
Objected to.
THE COURT: That is not admissible unless the witness can state that he knows his general reputation. You can't get it in piece meal.
MR. FOSTER: Q How many people have you heard talk about it?
Objected to.
THE COURT: That is not material.
MR. FOSTER: Q You have heard people, you say, who knew him, talk?
Objected to.
THE COURT: I don't think that is competent.
MR. FOSTER: Q How long have you known this man by sight?
THE COURT: He has answered that.
THE WITNESS Six months.
MR. FOSTER: Q About six months you say?
A Yes sir.
Q How near did you live to him?
A He lived up on the third floor and I lived on the front floor.
Q In the same building?
A The same building.
Q Now the neighborhood there was composed of people who resided in a building of several stories?
A Three stories, two stories and a store.
Q Take the immediate neighborhood in which he lived---do you know what his general reputation is, from what you have heard discussed of the persons that resided in his immediate neighborhood?
Objected to.
THE COURT: That is not admissible.
Q Do you know his general reputation for truth and veracity in the immediate neighborhood in which he resided during the time that you have known him, and of what people say of that reputation?
A No sir.
Q You don't know what people say of his reputation?
Objected to.
MR. FOSTER: I guess we will have to let him go.