HOT WORDS FROM LAWYERS.
The monotony of the proceedings was interrupted on Saturday, September 28th, by the first sensational scene of the trial. It originated during the examination by Mr. Donahoe of John W. Johnson, a special venireman, who had testified that he had no prejudices against the Irishmen or the Clan-na-Gael.
"Have you any opinion," queried Mr. Donahoe, "outside of what you read in the newspapers, that Dr. Cronin was murdered?"
"He was certainly murdered—the papers said so."
"Have you any opinion as to who is responsible for his death?"
"I don't know anything about it."
"Did you read of the arrest of O'Sullivan and Coughlin?"
"Yes, sir."
"You believe they were arrested, don't you?"
"Yes, they certainly were arrested."
"This is bully-ragging," Judge Longenecker remarked to the court.
"I can not suffer this examination to be continued," said Judge McConnell.
"We are surprised at his answers," exclaimed Lawyer Forrest, "because of certain things we have been informed about."
"Put your questions in that way," said Mr. Hynes, "and disclose your informant."
"Oh, no," said Forrest, mockingly, "that will enable the scheme to be carried out."
The lawyers for the prosecution sprang to their feet to protest against the insinuation. With flashing eyes, Mr. Hynes exclaimed:
"I would like to call the attention of the court to the language of Mr. Forrest."
"Stop, gentlemen," said the court in an appealing voice.
"The language I used," cried Forrest, in a tone of defiance, "can be repeated."
"Nothing but the dignity of the court and the courtesy we owe to it prevent me from denouncing that remark as in the character of mendacity," ejaculated Mr. Hynes. "I do not do it because the courtesy of the occasion prevents it. The counsel owes it to the administration of justice to disclose the reason for his remarks."
"Sit down and have patience," shouted Forrest in mocking tones. "You will get it in time."
"In the absence of that explanation," continued Mr. Hynes, "I denounce counsel's statement as a deliberate invention and a wilful slander upon the administration of justice in this case. [Sensation.]
"Well, it is so denounced," said Mr. Forrest.
"I did not hear the latter part of counsel's remark," observed the court, referring to the words which roused the ire of Mr. Hynes.
"He said it was a scheme of ours," said Judge Longenecker.
"Oh, I made the remark," cried Forrest flippantly.
"Then, it was improper," responded the court, with a slight frown on his face.
"There is no scheme on the part of the prosecution," Mr. Hynes explained, "except to watch the schemes of the defense."
"I am surprised to see the gentleman so agitated," put in Forrest.
"I am agitated, sir," said Mr. Hynes to the court, "because I am sensitive in my honor, and the gentleman is not." [Sensation.]
Counsel on both sides were standing and gesticulating as if they wished to prolong this interesting colloquy.
"Take your seats, gentlemen," said the court, slowly. The lawyers meekly sat down. "The language employed by Mr. Forrest," continued Judge McConnell, "was highly improper. I don't care to visit the offence with any greater severity than condemnation."
Mr. Johnson was peremptorily challenged in behalf of Kunze, and the scene was over.
An entire month had now been consumed in the effort to fill the jury box, but only four men had been passed. Still, but twenty peremptory challenges remained to the defense on October 1st, and it was consequently certain that this stage of the case was nearing its end. All of the challenges yet to be used were to the credit of Beggs; those of the other prisoners having been exhausted. The second quartette of jurors, Messrs Walker, Allison, Corke and North, were secured on October 8th. During the next few days a number of special veniremen, whose answers to the questions propounded indicated that they were unbiased, were tendered by the State to the defense, but one and all proved unacceptable to Mr. Forrest and his associates. There was a startling interruption to the trial at this point, which is dealt with in the next chapter, and which necessitated a suspension of the proceedings in court for several days. Finally, late on the evening of October 22d, the last man of the third quartette of jurors was selected, and Messrs. Marlor, Bontecou, Bryan and Clarke took their seats with their colleagues in the box. All known records in the history of criminal jurisprudence, so far as time was concerned, had been beaten in the selection of this jury. The search for talesmen had lasted forty-five days. The number of veniremen that had been summoned was 1091, of which 927 had been excused by counsel for cause. In addition to the special veniremen there were twenty-four on the regular panel disposed of. One hundred and seventy-five peremptory challenges had been used, of which ninety-seven were credited to the defense, and at the time the last juror was accepted, there remained to the defendant Beggs but three peremptories and to the State twenty-two. The jury in the Anarchist case, notwithstanding that the seven defendants had 140 peremptory challenges between them, was procured in twenty-seven days, while the jury that tried the celebrated county "boodle" case, when the defendants had 240 peremptories, was made up in just eighteen days. The twelve jurymen chosen had cost the State in fees alone to the veniremen summoned nearly $5,000. Six of them, Messrs. Culver, Hall, Dix, Walker, Corke and Bontecou had been tendered by the defense to the State while the prosecuting lawyers were the first to be satisfied with Pearson, Allison, North, Marlor, Bryan and Clarke.
CHAPTER XIX.
STARTLING INTERRUPTION TO THE TRIAL—VILLAINOUS ATTEMPT TO FRUSTRATE THE ENDS OF JUSTICE—BOLD EFFORTS TO BRIBE THE SPECIAL VENIRESMEN IN THE INTEREST OF THE PRISONERS—A "HUNG" JURY WANTED—FORTUNATE DISCOVERY OF THE PLOT—THE "WHEELS WITHIN WHEELS" OF THE CONSPIRACY—PROMPT ACTION OF THE PROSECUTING AUTHORITIES—SPEEDY ARREST AND INDICTMENT OF THE GUILTY PARTIES—CRIME ADDED TO CRIME.
The thirty-seventh day of the trial—or rather of the effort to secure a jury—was productive of startling developments that temporarily suspended the further progress of the case. At the morning session there had been a wrangle between the State's Attorney and Counsellor Forrest concerning an application by the former for an order upon the prosecution to furnish the addresses of a number of female witnesses whose names were upon the back of the indictment. Judge Longenecker, who did not happen to be in a compliant mood, resisted the application, declaring that no law was in existence by which he was compelled to make public property of the location of those upon whom the State relied for evidence which was to make out its case. It was broadly hinted that the information was required for purposes that could scarcely be classed as legitimate, and there were suggestions that if the order was issued some of the witnesses in question might stand in need of protection. Despite these arguments, however, the presiding Judge took the other view of the matter and the defense gained its point. For the balance of the session the weary grind of examining the special veniresmen went on, but without result, and when the time for the usual recess arrived not an additional man of the many examined had been accepted by either side.