THE STATE RESTS ITS CASE.
By this time the State had almost exhausted its list of witnesses. John E. McKennon, of the police department of Winnipeg, told about the arrest of Burke at that place,
COONEY, "THE FOX." and Henry Plainskef testified that on the morning after Dr. Cronin's murder, Burke and another man whom he recognized from a photograph as Cooney, entered a store on Clark street and purchased a cheap white shirt and two collars. Burke, he said, kept his coat buttoned closely about his throat, and acted in a suspicious manner. Gus Klahre testified that on May 6th Burke had brought to him to be soldered a galvanized iron box fourteen by twenty-six inches, and weighing about forty pounds. He was very particular that the contents of the box should not be seen, and while the work was being done, talked freely about Dr. Cronin's disappearance, saying that he was a British spy and deserved to be killed. The clothing, instrument case and other articles found in the Lake View sewer were exhibited to the jury and identified by several witnesses. As a finale to its case, the State endeavored to introduce the inside history of the Clan-na-gael, with a view of showing Coughlin's bitter hatred for Dr. Cronin, and ex-Police Officer Daniel Brown was called to testify on this point. Strenuous objections, however, were offered by the defense, and argument on the question extended over an entire afternoon. The State's Attorney insisted upon his right to show that four years before, Alexander Sullivan, who was on the Executive Committee at that time, and was charged with the fraudulent appropriation of funds, prosecuted Cronin, that Coughlin was on the trial committee, that Dr. Cronin was tried for reading a circular that reflected on Sullivan's character, and that notwithstanding this, four years later, Beggs stood up in his camp and defended Sullivan. To this Mr. Forrest responded that the defense had no vindication to offer for the triangle, nor any attack to make on it. They did ask, however, that Coughlin and his fellow-prisoners be tried for their own sins, and not for those of Alexander Sullivan. So far as counsel for the defendants were concerned they were willing to say "to perdition with Alexander Sullivan." They were not responsible for his acts, they did not appear there to apologize for him, but they did protest most solemnly as American citizens against the names of their clients being connected with that of Sullivan, and against the prejudice that existed against the latter being visited on the defenseless heads of the poor men who were on trial for their lives.
At the conclusion of the arguments, the evidence was ruled out by the court. The case for the State was practically closed on November 13th, and an adjournment was taken until the 16th, when one more witness was called for the prosecution. This was James Clancey, a staff correspondent for the New York Herald. His testimony was to the effect that he had called upon iceman O'Sullivan twice upon the day when Dr. Cronin's body was discovered and urged him to go and identify it. The iceman, however, had refused to do so, being greatly agitated and making several contradictory statements which to the witness, seemed additional evidence of guilt. On cross-examination it was developed that Mr. Clancey had been a worker in the cause of Irish liberty in years gone by, that he had been sentenced to penal servitude for life, for attempting to shoot two policemen who were about to arrest him for alleged participation in revolutionary schemes, and that he had been pardoned at the expiration of ten years through the intervention of several members of Parliament. When Mr. Clancey left the stand at noon on Saturday of November 16th, the formal announcement was made:
"We rest the case for the State."
JUDGE S. P. M'CONNELL.
CHAPTER XXII.
THE DEFENSE TAKES ITS TURN—UNSUCCESSFUL EFFORTS TO EXCLUDE THE BULK OF THE EVIDENCE GIVEN FOR THE STATE—ALIBIS FOR THE PRISONERS AND THE WHITE HORSE—A GENERAL DENIAL OF COMPLICITY IN THE TRAGEDY—REBUTTAL EVIDENCE FOR THE PROSECUTION.
Only the usual recess for lunch intervened between the closing of the case for the State and the opening of that for the defense. Mr. Forrest led off with some forty motions to exclude the testimony of as many witnesses who had been called by the prosecution, but each motion was overruled, and the usual exception taken. The first witness for the defense, Frederick J. Squibb, a stenographer, was examined with a view of showing that the evidence of several of the preceding witnesses differed materially from that which they had given at the coroner's inquest. Ex-Police Captain Michael J. Schaack, testified that Mrs. Conklin had absolutely failed to identify the white horse and buggy, and his testimony was corroborated in some parts by Lieutenant of Police P. G. Koch. The story of Neimann, the saloon-keeper, that O'Sullivan, Coughlin and Kunze were in his place drinking sherry wine late on the night of the murder was impeached by Jeremiah and James Hyland, cousins, both of whom swore that they visited O'Sullivan at his house on the night of Sunday, May 5th, took supper with him, remained several hours and then went over in a body to Neimann's saloon. The two men were placed alongside of Coughlin and Kunze for purposes of comparison, but few, if any, points of resemblance were to be seen between them. An alibi for Coughlin was the next thing in order, and ex-Detective Michael Whalen laid the foundation for it by swearing that he saw his brother detective at the Chicago avenue station from half-past seven until midnight on the night of the murder.
John Stift, a police officer, corroborated Whalen, but on cross-examination he destroyed the entire value of his testimony by stating that on the morning of May 5th he was put to work by Captain Schaack on the disappearance of the physician, while, as a matter of record the disappearance was not reported to the police until nearly twelve hours later in the day. Peter Koch was called in behalf of Kunze, with a view of showing that the association of the little German with Coughlin was due to the fact that both were working on a distillery explosion case. On the following day William Mulcahey, one of O'Sullivan's employes, testified that the iceman had told him of the contract with Dr. Cronin, and also declared that he was out delivering ice with O'Sullivan until after six o'clock on the night of the murder, that they all had supper together and that he and O'Sullivan slept together that night, both retiring late. Mulcahey positively swore that the iceman did not leave the house during the night. His testimony was corroborated by Thomas Whalen, O'Sullivan's cousin, who had lived with him for six years, and by James Knight, James Menahan and Patrick Brennan, all of whom were employed by O'Sullivan at the time of the murder. Robert Boyington, a carpenter, who boarded at the O'Sullivan residence, told the same story. Miss Kate McCormick, sister of Mrs. Thomas Whalen, as well as the latter, were examined on the same line, and both insisted, despite the sharpest kind of cross-examination, that the iceman did not leave the house on the fatal night. The alibi for Martin Burke was started by Mat. Danahy, who testified that the defendant was at his house from six to nine o'clock on the night of May 4th, and that he shook dice with him for a long time. He added that Burke and Cooney came to his saloon on the following morning (Sunday), and remained until late in the evening, during which time they engaged in several games of "cut-throat" euchre.
Other witnesses testified regarding seeing Burke in the saloon. Ex-Congressman John F. Finerty, M. J. Keane, John Dwyer and Matthew Brady all gave evidence to the effect that there was no inner circle in the Clan-na-Gael. Justice David J. Lyon testified that on the 22d of February in company with Beggs he called on Benjamin Harrison, at that time the President elect of the United States, at the latter's residence in Indianapolis, in reference to the procurement of an appointment for a friend to the office of sub-treasurer at Chicago. Witnesses were also called with a view of showing that the committee appointed by Beggs was a perfectly innocent one, and had no relation whatever to Dr. Cronin. An alibi for Dinan's white horse was furnished by Louis Budenbender, who had been brought all the way from Hoboken, N. J., to testify. His story was, that he was standing nearly opposite the Conklin residence on the night of May 4th, that he saw the buggy drive up and Dr. Cronin driven away; and that, having since seen Dinan's white horse, he was certain that it was not the same animal. The horse in the buggy according to Budenbender was a dark speckled gray with white legs and very different in appearance to Dinan's nag. Prof. Marshall D. Ewell, Dr. Harold H. Moyer and Prof. Lester Curtis were called to rebut the expert testimony for the State. Mrs. Hoertel was also recalled in behalf of the defense, with a view of showing that she had made a mistake in the dates upon which she had seen the men enter the Carlson cottage, and August S. Saltzman, a German, was positive that it was after the 8th of May when the two locks were changed on the doors of the Hoertel residence. Additional expert testimony was given by Dr. Edmond Andrews, who said that the wounds on the body of Dr. Cronin when it was found, were not necessarily fatal. Police Officer Stift, on being recalled, admitted that he had made a mistake in his previous testimony, and that it was on Monday instead of on Sunday that the orders concerning the search for the missing physician had been issued.
The case for the defense was practically closed on November 25th. Four additional witnesses were introduced, to support the previous testimony to the effect that O'Sullivan was at home on the night of the murder, and Mertes, the milkman was recalled with a view of showing that the version of what he saw on the night of May 4th in front of the Carlson cottage, as given on the stand, was materially different from the story he had told officers Rohan and Crowe two days after the body was found. In behalf of Kunze, J. W. Fralick, a master painter, swore that the defendant worked for him under the name of John Krogel, from April 20th to June 20th, and that on May 4th he was doing work for him in a house on 16th Street until after half past five o'clock in the evening. No evidence was submitted however, tending to show Kunze's whereabouts after that hour. Several witnesses were called to impeach the statement of old man Carlson, that when Burke rented the cottage on March 20th he went directly over to O'Sullivan's house and reported his success to the iceman. According to their statements, O'Sullivan was engaged that day in unloading several car-loads of ice at the freight depot of the Chicago & Northwestern Railway some miles away.