2. Have you formed an opinion as to whether or not Dr. Cronin was taken to the Carlson cottage by the horse and buggy engaged by Daniel Coughlin from Dinan, the liveryman?
3. Have you formed an opinion as to whether or not Martin Burke, one of the defendants, was a tenant of the Carlson cottage?
4. Have you formed an opinion as to whether or not Dr. Cronin was killed in pursuance of a conspiracy?
5. Have you formed an opinion as to whether or not any of these defendants was concerned in said conspiracy, or was a member of said conspiracy?
This matter disposed of to the satisfaction of all concerned, the effort to secure twelve acceptable men was resumed. Day after day went by, however, and little progress was made. Both the city and the country were drawn on for material. Some of the venires were composed of the finest looking men that had ever tramped into the dingy court room. There were heavy manufacturers, business men of standing and influence, and wealthy farmers from the suburbs. One man after another expressed his belief that the prisoners were guilty, and the five men became gloomy and morose when confronted with the substantial proof of the terrible prejudice which existed against them. For a long while it looked as though there were not twelve American business men of independent means in Chicago who had not already formed a positive opinion, and one which could not be removed by any evidence, as to the guilt of the prisoners. The number of talesmen that passed through the mill each day ranged from twenty to thirty. A large proportion were excused from cause, while the others were peremptorily challenged by the State or the defense. Freeman Gross, a capitalist; was the first man who enjoyed any prospect of being a juror, and his selection was the net result of seven day's labor and an expenditure by the State of over $2,000. After however, he had been passed by both sides, matters were brought to the attention of the State's Attorney which warranted him in using a peremptory challenge upon the solitary occupant of the jury box and the second week opened with seven venires exhausted and the first selection still to be made. A bold move was made by Attorney Forrest on a side issue at this stage of the case. Failing to obtain an order of the Court which would enable him to secure possession of the blood-stained specimens from the Carlson Cottage, and which were held by the prosecuting authorities; in order that a microscopic examination might be made by experts in behalf of the defense, the lawyer, with three other men, invaded the Carlson cottage, disarmed old man Carlson and Lindgren, his son-in-law, who were in the place and who presented revolvers at their heads; and, with a jack-knife, cut several pieces out of the floor where the blood spots were thickest, and also out of the base-board just beneath the spot on the wall paper where the blood had splashed when the physician was leveled by a blow upon his head. No cognizance of these proceedings, however, were taken by the court, but on the following day an order was issued permitting certain experts to examine the specimens held by the State in the presence of other witnesses. By the end of the second week fifty-one of the one hundred peremptory challenges credited to the prisoners had been exhausted, and still the first of the jurors was not within sight. Up to this time 327 veniremen had been examined. Of these nearly 90 per cent. had already made up their minds; 8 per cent. were violently antagonistic to the Clan-na-Gael; 2 per cent. were opposed to secret societies of all kinds, and one per cent. were conscientiously opposed to capital punishment. On the latter question the point was raised as to whether a man who had conscientious scruples against the death penalty, where the evidence was purely circumstantial, was qualified to sit as a juror in a murder case in Illinois. It was at first ruled by Judge McConnell that such a venireman was qualified, but, after elaborate arguments by the prosecution and the citing of innumerable authorities, the Court decided to withdraw from its position. When the nineteenth venire was issued on September 19th, four men, Messrs. Pearson, Culver, Hall and Dix had been practically accepted by both sides. But this slow progress was not agreeable to little Kunze, and, becoming excited, he arose and asked permission to address the court. His counsel tried to get him to sit down, but the young German insisted upon being heard.
O'SULLIVAN AND KUNZE,
FROM PHOTOGRAPH
TAKEN DURING THE TRIAL.
"Shudge," he cried, waving his hand toward the bench, "I must speak mit you meinself."
"Your attorney will speak in your behalf," said the court.
"Nein! Nein!" exclaimed Kunze. "Mein attorney no speeg for me; I like mit mein own interest to talk mit you. Last Saturday Shudge Longenecker told I looze notings by being in chail, und I vas guilty not, und I looze notings by dat. But mein healt I looze by der chail, und dat is somedings; but it will maag me vell und I proof meinselef guildy not at all. Ein doctor no man can heal und he don'd know the woondt; und I vant der chudge to tell me vat I am chail in for to-day anyhow?"