Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Testimony of Harry L. Gilmer (second appearance), 1886 Aug. 10.

Volume N, 146-151, 6 p.
Gilmer, Harry L.

Direct examination by Mr. Foster. Testified on behalf of the Defense, Spies, August et al.

Answered questions regarding a conversation that he had with witness Graham (vol.N 144-146). Testified on various topics (page numbers provide a partial guide): Spies, August (vol.N 149), Fischer, Adolph (vol.N 149), identification of the bomb-thrower (vol.N 147).

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HARRY L. GILMER, re-called by defendants for further cross examination, and testified as follows:

MR. FOSTER: Q. You have been sowrn, and testified in this case before?

A. Yes.

Q Do you know this gentleman, (pointing to Mr. Graham.)?

A I think I have seen him before at the central station.

Q At the time you stated the second day after the Haymarket meeting that you had a conversation with a gentleman by the name of Allen, the reporter, a newspaper reporter, I will ask you if this is the gentleman that you designate as the newspaper reporter?

A I will say in answer to part of your question --

MR. GRINNELL: Answer it yes or no.

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THE COURT: Do you think that is the man?

A I don't think he is -- I am not positive.

MR. FOSTER: Q. Did you have any conversation with this gentleman?

THE COURT: Stand up Mr. Graham and put on your hat.

MR. GRAHAM: I got this hat since. (Mr. Graham here stands up.)

THE WITNESS: I think he is one of the parties that was the in front of the central station.

MR. FOSTER: Q. You learned that he was a reporter from that conversation, did you not -- he told you he was a reporter?

A I don't think he did that I recollect of.

Q You had a conversation with him, did you not, and with Mr. Allen in regard to your seeing some one throw the bomb?

A I never testified that I had any conversation with Mr. Allen.

Q Did you have a conversation with Mr. Allen at the place you designate on La Salle Street, or about the central station at any place in regard to recognizing the man who threw the bomb, if you should see him?

MR. GRINNELL: Ask him the direct question.

THE WITNESS: What is your question?

Question read.

MR. FOSTER: Q. Did you have such a conversation with this

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gentleman, Mr. Graham or Mr. Allen, or in their hearing.

A I had no conversation with any one where Mr. Allen overheard the conversation, to my recollection. I think this gentleman, (pointing to Mr. Graham) stepped up afterwards and asked me if I thought I could identify the man who threw the bomb, and I said that I could if I ever saw him.

Q Where was that now, Mr. Gilmer?

A. Well, it was there at the central station -- I could not designate the exact spot now.

Q And when was it?

A Well, it was the first time I was down town after the riot -- I don't remember whether it was one or two days afterwards.

Q One or two days?

A I can't say exactly the time.

Q. Didn't you say you painted all the next day on 22nd Street and Wabash Avenue?

A I testified that if I worked that day I worked up there.

Q Didn't you testify that you did paint on 22nd and Wabash Avenue all that day, and it was the day following you went to the central station?

A My testimony is to the effect that if I worked that day I worked there.

Q You don't now say you worked that day?

A. Refer to my testimony.

Q In this conversation with this gentleman, Mr. Graham,

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who sits here before you, didn't you say that you saw the man throw the bomb, but his back was to you, and that you could not see him very well, but you believed that he had whiskers.

A No sir, I did not.

Q Didn't you say to Mr. Graham in that conversation, at that time and place, that you saw the man light the fuse and throw the bomb, and that it was the same man, or words to that effect?

A I don't think I said so to him.

Q Didn't you say that it was a man of medium size, with dark clothes, and that you saw him light the fuse and throw the bomb, but that his back was to you, and you would not be certain as to whether he had whiskers or not?

A No sir.

Q You said nothing of that kind?

A I did not.

Q Did you say to him that the same man who threw the bomb lighted the fuse?

A No sir.

Q Did you say to him that one man lit the fuse, and another one threw the bomb?

A I didn't have any such conversation with him.

Q You did not have any conversation of that character with him?

A No sir.

Q In this conversation did you state that Mr. Spies and Mr. Fischer were there in a circle with the man whose picture you saw here, the man who threw the bomb, and that Mr. Spies lit

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the bomb in the presence of Mr. Fischer, and that another man had thrown it?

A I had no such conversation with Mr. Graham.

Q You didn't say anything about that at all? Didn't you say in this conversation that the man who threw the bomb lit it or that you saw the man light the bomb and throw it, but he stood with his back to you?

A No sir, I did not tell him any such thing.

Q Nothing of that kind?

A No sir.

Q The other day in your conversation you were asked as to where you lived, and you stated that you had lived in Des Moines.

Objected to.

THE COURT: You cannot go over the whole business again.

MR. FOSTER: I want as long as he is on the stand to ask him a few additional questions, having no relation to this testimony, but having relation to other testimony.

Objected to.

THE COURT: I won't go back to that.

MR. FOSTER: We asked to re-call him for the purpose of laying the foundation for testimony, which we could not, by the exercise of the most extraordinary diligence have ascertained at the time of the first cross examination. We want to show that he was arrested for larceny and burglary in

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Cedar Rapids.

THE COURT: It would not be admissible. A man being arrested is the act of other people. If he committed larceny or burglary that is another thing. You can ask him whether he committed larceny and burglary if you want to.

MR. FOSTER: I am not disposed to ask him that, to take his word for it.

Q Do you know the Hon. A. R. West of Cedar Rapids?

Objected to; objection sustained.

Q You stated the other day that your wife was dead --

THE COURT: (Interrupting) I won't go back to that.

MR. FOSTER: I want to ask the question, and make an offer to prove. We make this proposition in good faith. I want to cross examine him as to whether or not he has not one living wife in Wisconsin and one in Chicago.

THE COURT: That don't matter. All those matters are collateral. You could not introduce any independent testimony on that subject.

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