fired at the police while he was standing on the wagon and before the bomb was thrown, while some of the others testified that he first climbed down off the wagon and fired while standing by a wheel. On the other hand, it was proven by a number of witnesses, and by facts and circumstances, that this evidence must be absolutely untrue. A number of newspaper reporters, who testified on the part of the State, said that they were standing near Fielden—much nearer than the police were—and beard all that was said and saw what was done; that they had been sent there for that purpose, and that Fielden did not make any such threats as the police swore to, and that he did not use a revolver. A number of other men who were near, too, and some of them on the wagon on which Fielden stood at the time, swear to the same thing. Fielden himself swears that he did not make any such threats as the police swore to, and further, that he never had or used a revolver in his life. But if there were any doubt about the fact that the evidence charging Fielden with having used a revolver as unworthy of credit, it is removed by Judge Gary and State's Attorney Grinnell. On November 8, 1887, when the question of commuting the death sentence as to Fielden was before the governor, Judge Gary wrote a long letter in regard to the case in which, in speaking of Fielden, he, among other things, says: "There is in the nature and private character of the man a love of justice, an impatience at undeserved sufferings. * * * In his own private life he was the honest, industrious and peaceful laboring man. In what he said in court before sentence he was respectful and decorous. His language and conduct since have been irreproachable. As there is no evidence that he knew of any preparation to do the specific act of throwing the bomb that killed Degan, he does not understand even now that general advice to large masses to do violence makes him responsible for the violence done by reason of that advice. * * * In short, he was more a misguided enthusiast than a criminal conscious of the horrible nature and effect of his teachings and of his responsibility therefor."
The State's attorney appended the foregoing letter, beginning as follows: "While endorsing and approving the foregoing statement by Judge Gary, I wish to add thereto the suggestion * * * that Schwab's conduct during the trial, and when addressing the court before sentence, like Fielden's, was decorous, respectful to the law and commendable. * * * It is further my desire to say that I believe that Schwab was the pliant, weak tool of a stronger will and more designing person. Schwab seems to be friendless."
If what Judge Gary says about Fielden is true; if Fielden has "a natural love of justice and in his private life was the honest, industrious and peaceable laboring man," then Fielden's testimony is entitled to credit, and when he says that he did not do the things the police charge him with doing, and that he never had or used a revolver in his life, it is probably true, especially as he was corroborated by a number of creditable and disinterested witnesses.
Again, if Fielden did the things the police charged him with doing, if he fired on them as they swear, then he was not a mere misguided enthusiast, who was to be held only for the consequences of his teachings; and if either Judge Gary or State's Attorney Grinnell had placed any reliance on the evidence of the police on this point, they would have written a different kind of a letter to the then executive.
