Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Testimony of Daniel Scully, 1886 Aug. 10.

Volume N, 157-163, 7 p.
Scully, Daniel.
Justice of the Peace.

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

Justice of the Peace, presided at hearing in which witness Stenner claims Officers Wessler and Foley named him as the man who fired from the wagon. Testified on various topics (page numbers provide a partial guide): Fielden, Samuel (vol.N 160).

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

Q What is your name?

A. Daniel Scully.

Q You are Justice of the Peace?

A Yes sir.

Q Have been such how long?

A Going on 16 years.

Q How long have you lived in Chicago, Mr. Scully?

A Since May 20th 1864.

Q You were at the Desplaines Street station, held the Justice Court there after the riots of May 4th?

A. Yes.

Q Do you remember the boy Stenner?

A I don't know him by name.

Q Do you remember the day that Mr. Furthman was there, on that preliminary examination?

A. Yes.

Q Did you hear the testimony of Officer Wessler and Foley on that occasion?

A I did.

Q Did Officer Wesley say in that examination, that Stenner was the man who fired the shot from over the wagon?

A He did not.

Q Did Foley state that Stenner was the man who fired the shot from the wagon?

A He did not.

Q Did Wessler at that time state that the man who fired

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the shot from the wagon was not in court?

A He did.

Q Did he at that time give a description of the man who fired the shot over the wagon that night as a stout man with heavy whiskers, saying at the same time that if he ever saw him again he thought he could identify him?

Objected to as not rebuttal.

Q I will ask another question in that connection? At that examination did not Officers Foley and Wessler each at that time on that preliminary examination state, that the pistol that Foley picked up was picked upon the sidewalk near the wagon?

MR. ZEISLER: Mr. Stenner did not testify to that.

MR. GRINNELL: Stenner testified that the pistol was picked up fifty feet from the wagon.

THE COURT: He did not testify he said it at the station.

MR. GRINNELL: The examination was made of Stenner as to whether he said it at the police station up stairs or down in the cell. He said finally as I remember, that it was not said down in the cell, but as he remembers it was said up stairs in the court.

THE COURT: I can't remember the particular details.

MR. GRINNELL: He did say it was taken up fifty feet away.

MR. BLACK: He said he was with the officer when it was done

MR. GRINNELL: Q. Who was the attorney representing Stenner or representing the defendants on that occasion?

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Objected to.

MR. GRINNELL: Salomon undertook to make out that he was the attorney? I want to show he was not the attorney.

MR. FOSTER: The witness was asked whether Mr. Salomon was his attorney, and he said no. Mr. Salomon's remark that there was a number there, and he wanted to know which one, is not any testimony in this case.

MR. SALOMON: Mr. Salomon said that he was there, and he defended a number of men, and he thought Stenner was one of those that he defended.

MR. GRINNELL: I wish to show by Mr. Scully that he appointed Ryan to defend Stenner.

MR. FOSTER: That amounts to your corroboration of our testimony, not a contradiction of testimony.

MR. INGHAM: To prove that another man was appointed attorney, corrobborates Salomon that he was appointed, does it?

MR. BLACK: Salomon has not testified.

THE COURT: He has not been sworn.

MR. BLACK: He has not made the statement that he was the attorney of this man.

MR. SALOMON: He said that he thought he had acted as attorney for that man. Mr. Salomon acted for a number of people and Justice Scully appointed Mr. Salomon, who acted for a number of men there -- that is what Mr. Salomon says, and

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thought Mr. Stenner was among that number.

Mr. GRINNELL: Q. Was the defendant Fielden in court there on that examination?

A No sir.

Q Stenner was discharged?

A Yes sir.

Q At the instance of Mr. Furthman?

A Yes sir.

Q Recommended him, did he?

A Yes sir.

THE COURT: I suppose it is admissible to ask him, to ask Mr. Scully whether Wessler did not say on examination before him whether he was a large man with whiskers, that fired the shot.

Defendants' counsel then and there excepted to the ruling of the court.

MR. GRINNELL: Q. What is the answer to that Mr. Scully?

A Wessler said ---

MR. BLACK: That should be yes or no.

MR. BRINNELL: Whether or not Wessler identified in court, described in court, the man that fired the shot over the wagon, or near the wagon, shooting in that direction, saying at the same time that he thought he could identify him if he ever saw him again, described him as a large man with whiskers; do you remember of this or not?

A Yes sir.

By Mr. Black.

Q. You are one of the police magistrates of the city of

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A. Yes sir.

Q Having your office on the West Side?

A. Yes sir.

Q How near the Desplaines Street station?

A At the Desplaines Street station.

Q How long have you occupied that position?

A I was appointed on the 3rd of May. If that was Monday, the night before the 4th -- the 4th was Tuesday I think.

Q. What was the date of this particular examination concerning which you have been interrogated?

A. I think it was on the 25th of May. It was continued twice. It was first continued, and the second time on account of the absence of the State's. Attorney, or his assistants.

Q How many men were under examination at that time?

A Nineteen or twenty -- I think twenty.

Q Do you remember the names of any of them?

A No sir.

Q How many police officers appeared in connection with the prosecution at that time?

A. There were a number -- I could not state the number.

Q. Can you give the names of them other than Wessler?

A. No sir.

Q. You remember that Wessler was there?

A. Foley was there, but I can't say whether he testified.

Q. Did you make any memorandum at the time of the testimony of the different witnesses who spoke of that occasion?

A. I did not, no sir.

Q. How fully is your time usually occupied with the discharge

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of your official duties as police magistrate at that station -- how many hours of your day on an average?

A. I commence at 8 in the morning, and get through about 10 -- on an average sometimes a little more and sometimes a little less.

Q So you have two hours on each day more or less in the discharge of your duties as police magistrate?

A. That is on the trial of cases.

Q. On the trial of cases as police magistrate -- do you in addition to that have civil jurisdiction as justice of the peace?

A Yes.

Q. And more or less of your time is devoted to the disposition of civil cases?

A. Generally the whole afternoon.

Q. That has been the case since you have been in office there?

A. Yes sir.

Q. I will ask you whether as a matter of fact you did appoint on that occasion Mr. Salomon to appear for a number of these defendants involved in that examination?

A. I did.

Q. You don't remember particularly what ones?

A. I don't remember the names. I may state Mr. Salomon appeared for a number of the prisoners, not all; some of them had neither counsel nor friends, and I asked Mr. Salomon to defend those prisoners that had no counsel.

Q. That had no counsel?

A. Yes, sir, with the exception of this one, and I asked Mr. Salomon if he would not defend him, this man spoken of.

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Q. Stenner?

A. And he was about to do it when Mr. Ryan, if I remember rightly, Mr. Ryan said that his friends had spoken to him, and then I told Mr. Ryan to defend him -- that is my recollection.

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