CHAPTER XVIII.
IN COURT AT LAST—THE STATE'S ATTORNEY POINTS OUT THE ACCUSED, MAN BY MAN—A FORMIDABLE ARRAY OF LEGAL TALENT—OBJECTIONS TO LUTHER LAFLIN MILLS AND HIS ASSOCIATES OVER-RULED BY THE COURT—WEEKS CONSUMED IN THE WEARISOME TASK OF SECURING A JURY—SCENES AND INCIDENTS.
"THE STATE IS READY."
"May it please the Court and gentlemen of the jury: We are here to try the charge of murder lodged against Burke, who sits back behind that man there, with his hand up to his left ear; Patrick O'Sullivan, who sits in the bend of the table there; Daniel Coughlin, who sits behind Mr. Ames, his attorney, and Beggs; one Patrick Cooney, who is indicted jointly with them, and Frank J. Woodruff, who is not on trial in this case. John Kunze sits there behind the table, and John F. Beggs sits there with Coughlin. These men are all charged in this indictment with the murder of Dr. Patrick H. Cronin. It is alleged that they murdered him the night of the 4th of May, 1889, in this town."
Thus State's Attorney Joel M. Longenecker addressed Judge McConnell on the morning of Friday, August 30th. Less than four months had elapsed from the day that the physician was lured to his death; but the mystery surrounding the tragedy, at one time believed impenetrable, had been solved to the satisfaction of the officers of the law, and five of the accused were confronted with the bar of justice to answer for their participation in the crime. The court room was crowded to suffocation, although admission was restricted to members of the bar, jurors, representatives of the press, and others having orders from the Sheriff or State's Attorney. Outside the court room a great crowd of people of both sexes and all conditions of life clamored loudly but vainly to be admitted, and the officers on duty were compelled to draw their clubs in order that comparative quiet might prevail. The five prisoners, all neatly dressed and clean shaven, and looking fairly at ease, occupied positions as indicated in the remarks of the State's Attorney. They were well represented by counsel. Counselors Forrest and Judge Wing looked after the interests of Coughlin; Messrs. Donahue and David were there in behalf of O'Sullivan, the iceman, and Kunze; and Senator Kennedy of Wisconsin, with Messrs. Foote and Foster, were on hand for Martin Burke. At the same table with the State's Attorney sat Hon. Luther Laflin Mills, George C. Ingham and William J. Hynes. The three eminent counsel in question had been retained to assist in the prosecution, but the announcement of the fact was the signal for a vigorous protest from Attorney Forrest, who claimed that they had been employed by private parties. The protest, however, was promptly overruled, and the first ten men of the special venire took their seats in the jury box. Their names were William E. Cribben, A. P. Richardson, A. P. Hall, L. Brackenhoff, W. L. Bigley, A. W. Roth, F. E. Wheeler, R. F. Ridden, William Newman, Emery L. Lillibridge, George M. Fish and J. W. Bridger. They had hardly been sworn, however, when Lawyer Donahoe, on behalf of Kunze, again objected to the participation of Mills, Ingham and Hynes. He claimed that they had been engaged by private parties to appear in the case, that they had received money, or the promise of money from such parties, who were solely actuated by a desire to secure the conviction of the defendants, and that Attorney Hynes in particular was actuated, however, by a personal ill-will toward one of the defendants. The counsel offered to prove these allegations by calling the three lawyers in question to the stand; but the objection was again overruled, and, without further opposition, the State's Attorney proceeded with the examination of the talesmen. This proved to be a task of the most wearisome character, continuing throughout the month of September and on to the commencement of the fourth week of October. Five out of every six men that were called had formed opinions based upon what they had read in the public press, or upon what they had been told; that made it impossible for them to try the case fairly and on its merits. Many were opposed on principle to secret societies; others were particularly antagonistic to the Clan-na-Gael. It was evident from the start that the counsel for the defense intended to avail themselves of every possible technicality, and the questions propounded to the talesmen on the first day were so broad in nature that Judge McConnell was compelled to interfere. At the next session of the court a list of questions was submitted, which, so it was argued by Mr. Forrest, should be asked of every man in the interest of the defendants. The questions were as follows:
Have you now, or have you ever had, an opinion that during the year 1889 a secret committee was appointed by Camp 20 of the so called Clan-na-Gael Society, or some officer of said camp, to try the deceased, Dr. Cronin, for any supposed offenses?
Have you formed any opinion as to whether or not the alleged murder of Dr. Cronin was in pursuance of the action or finding of a secret committee, appointed by said Camp 20, or its officers, or any of them, to try said Cronin for any supposed offense?
Have you formed any opinion as to whether or not Dr. Cronin was killed in the Carlson cottage?