Haymarket Affair Digital Collection

Illinois vs. August Spies et al. trial transcript no. 1
Affidavits of John Carney and George W. Adams, 1886 Oct. 1-1886 Oct. 7.

Volume O, 114-117, 4 p.
Carney, John.
Adams, George W.

Affiant John Carney stated that he knew Michael Cull for over twenty years and found him to worthless, shiftless and to spend his wages on liquor rather than his family. Further, Cull stated to Carney that he had not sworn to the affidavit signed by him in this case.

Affiant George W. Adams stated that he knew Michael Cull and found him to be a worthless and shiftless person who spent his wages on liquor. Further, Adams stated that he never had the conversation with Cull that Cull swore to in his affidavit.

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Mr. Salomon: In view of what Your Honor has said, we have not presented an affidavit on the proposition that your Honor submitted to us that the jury be furnished the evidence. Your Honor will probably recollect that-- which we refused to concede.

THE COURT: That was done as a private matter between the Court and the counsel, not when the defendants or jury was were present.

Mr. FOSTER: No, that was an outside matter.

MR. SALOMON: The court made that proposition to, us to have the jury do that. We have not set that up in an affidavit.

THE COURT: You can have it in, that I did propose to the counsel, the defendants and the jury neither being in court, that as the testimony would probably be very voluminous, whether it would not be better, that the jury might have certainly before them what was the evidence, that they should be furnished day by day with two or three copies of the evidence. I made that suggestion to the counsel, and counsel did not choose to adopt it, and I supposed that was the end of it. You can have it in, of course.

CAPTAIN BLACK: We would like to have that in in connection with the point that we make, upon the taking of notes by the jury.

MR. GRINNELL: Mr. Walker will read such affidavits as we have in answer to those already put in.

MR. SALOMON: We of course enter a formal objection to the reading of these affidavits, for the reason that we have not been served with copies of them.

THE COURT: Very well. The general rules of practice require that as to the affidavis upon which a motion is made, copies shall be furnished to the other side, but that as to affidavits in

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reply, no copies are furnished beforehand. If there is new matter in the affidavits in reply, calling for a rejoinder, the party entitled to make the rejoinder has time afterwards to prepare it.

MR. WALKER: The first affidavits, If Your Honor pleases, are in regard to the jurors.

Mr. Walker read the affidavit of John Carney.

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State of Illinois, County of Cook. ss.

In the Criminal Court of Cook County.

The People etc.
Aug. Spies, et al.

John Carney, being duly sworn deposes and says, that he is resident of Evanston, of this County, Captain of Police of said town and that he has known Michael Cull for more than twenty years and that he knows him to be a worthless and shiftless person, that he spends for liquor whatever earnings he obtains for work, that he is the head of a family consisting of wife and at least five children and that said Cull does very little, if anything towards their support. And that said Cull informed this affiant that he, Cull, had not sworn to the affidavit signed by him and filed in this cause and that no oath was administered to him.

John Carney.

Subscribed and sworn to before me this 1st of October, A. D. 1886.

John Stephens, Clk.

MR. GRINNELL: Since this morning, I informed Mr. Salomon what Cull said, and he has been re-sworn to the affidavit as I understand

MR. SALOMON: Before the clerk of the court.

Mr. Walker read the affidavits of George W. Adams, Theodore E. Denker, Albert P. Love, and Orin S. Blossom.

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State of Illinois, County of Cook, ss.

In the Criminal Court of County of Cook.

September, 1886

The People
Aug. Spies et al.

George W. Adams being duly sworn deposes and says that he was one of the jurors in the above entitled cause and the party mentioned in the affidavit of Michael Cull, said Michael Cull is a worthless, shiftless person; whatever earnings he obtains from work he spends for liquor, and that he has a bad reputation in Evanston where he resides, for sobriety and truthfulness, that this affiant never had any conversation with said Michael Cull about the Haymarket matter, the throwing of the bomb, the action of the police about the same or either or any of the defendants and never had any conversation about the same in Michael Cull's hearing; that this affiant never heard said Michael Cull express the opinion attirbuted to him in his said affidavit. That this affiant never said to said Michael Cull, or to any one else or in the hearing of said Michael Cull "That the police ought to have shot them all down, that they (meaning the defendants) had no right in this country and that if I was on the jury, I'd hang all the damn beggers." That this affiant never expressed the foregoing opinion attributed to him to said Cull or any one else, nor did this affiant ever express anything in which such sentiment was contained.

Geo. W. Adams.

Subscribed and sworn to before me this 1st day of October A. D. 1886.

John Stephens, Clk.

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