THE MAN WHO DROVE THE WHITE HORSE.
"They all agree upon this low-crowned hat with the narrow brim and the condition of the man's face. The Doctor gathered up the cotton and splints and a little satchel in which he had his instruments. The man said: 'I have a horse and buggy here for you.' That attracted her attention to the window, and she looked out and stood by the south bay window, and looked down at the horse that was standing in front of the saloon, and she saw that the horse had an uneasy appearance, and, in describing the facts, she said that his knees were in motion. You remember she describes how he was standing there. Now, Dinan gave just the same description as to his appearance—that he looked as if he wanted to go but he was not much of a goer. Frank Scanlon was standing there, and he wanted to see the Doctor about an arrangement regarding a paper that the Doctor was publishing at that time, and gives the same description. Now, here are five or six witnesses that describe this man, three or four at the Doctor's office, and two at the livery stable.
"Now suppose the horse was not identified at all; suppose it was a bay horse or a brown horse or any other kind of a horse than a white horse or a gray horse, and suppose these two men had come that gave the same description of the man that appeared at Dinan's livery stable, and other witnesses identified him as the man that started away with the Doctor to treat one of O'Sullivan's men—keep that circumstance in mind—that Patrick O'Sullivan and Dan Coughlin were seen together on the night of the 24th of March, when Patrick O'Sullivan was to make this contract, that they both belonged to the same order, and that the contract was made and O'Sullivan says: 'My card will be presented to you if I am out of town.' Take that circumstance and what have you got? You have men who identified the horse that Dan Coughlin hired; you have that man driving north on Clark street in the direction of the Carlson cottage; you have that man presenting Patrick O'Sullivan's card and demanding the attention of the Doctor under the contract that Patrick O'Sullivan had with the Doctor, and you have them driving in the direction of the Carlson cottage. But that is not all the evidence we have on that point. Suppose that this is an ordinary horse that can not be identified, yet Mrs. Conklin tells you that that horse is a horse, that she remembers it not simply because it was a white horse and because it came from Dinan's livery stable, but she describes it from its uneasy motion; she remembers its legs and its knees. She says it has big knees, and Captain Schaack says it has big knees. And Mrs. Conklin, looking out of the window on that fatal night saw those knees. Why does she say that? The last time she saw Dr. Cronin alive he was sitting behind that horse that had knees that were wabbly. No wonder she remembers that horse, because she saw it in the same uneasy appearance that it had the night that Dr. Cronin was driven away. She identifies the horse from the knees and from the uneasy appearance, quite as much as if it was white or gray."
The State's Attorney then reviewed Captain Schaack's testimony as to how he had driven the horse around in front of Mrs. Conklin's house and as to the question of identification, and repeated his arguments that it was not the position in which the horse stood, but its peculiar, uneasy motion that enabled her to identify it. He considered that the identification of the horse by Mrs. Conklin was a fact that could not be disputed. The undertaker who arranged for Cronin's funeral and Mr. Scanlon had also observed the same horse, and he considered the identification complete.