"Now, a conspiracy is made up of certain acts by individuals, either together or separate, and every act that was done by either of these parties necessary to carry out the object of the conspiracy binds the others who were in the conspiracy. For instance, if a conspiracy existed, then the act of Coughlin in hiring the horse was the act of Burke, the act of Sullivan, or the act of Beggs, or any other person who engaged in that conspiracy. The renting of the cottage by Burke under the name of Williams was the same as if they had all gone there and rented it. The going over to P. O'Sullivan's to tell him they had rented the cottage was the going over of all those interested in the conspiracy, and so in making the contract with Dr. Cronin. If O'Sullivan made a contract and those other parties were in the conspiracy, and that was a part of the conspiracy, then they all entered into that contract as a part of the work to be done. Every act that was done by either of those parties before the commission of the crime is the act of all, if you believe there was a conspiracy to kill Dr. Cronin.
ALL ARE GUILTY.
"Another thing I wish to call attention to, and that is that the accessory is the same as the principal. It does not matter whether either of these parties struck the deadly blow; it does not matter whether they were a thousand miles away from the cottage—if it was a conspiracy and they were accessories to the crime, then they are principals to the crime just as much as if they helped to strike the deadly blow. For instance, three men may enter into a conspiracy, knowing that you have $1,000 in your house. You may live between Thirtieth and Thirty-first streets, on State. The three men go to rob your house. One stands at Thirtieth street and the other at Thirty-first street, and the other goes in and robs you of your money. All of these three men have committed burglary. The men who stood on the street corners are just as guilty as the man who went inside for the purpose of stealing your money.
"When you take this evidence into consideration, when you take the fact that this man Coughlin hired the horse, and another fact that after Dinan had gone to the station and Coughlin said: "Don't say anything about me engaging the horse and buggy; you may get me into trouble, because Cronin and I were not friends": when you consider that he claimed that the man for whom the horse and buggy were hired was named Smith; that he was sent out to hunt Smith and saw Smith and let him go; when you consider the hiring of the flat at 117 Clark street, the buying of the furniture and the trunk and the strap, the renting of the cottage, the contract between the doctor and this man O'Sullivan; the statement that a sister was to be there to occupy the cottage; the driving of the doctor from his home under the supposition that he was going to minister to the wants of an injured man; the appointment of a secret committee at the instance of Dan Coughlin; the fact that the senior guardian said that the committee reported to him and not to the camp; the statements that Dr. Cronin was a spy—the grouping together of all these things makes the conspirators as guilty as if the murder was the act of one man.
AN APPEAL FOR JUSTICE.
"And, gentlemen, if, after hearing this evidence, you are satisfied that Dr. Cronin was murdered; if you are satisfied from the evidence that this thing has been deliberated upon from the 8th day of February, or from the 19th of April, when they rented the flat on Clark street, and all those deliberations to take away the life of this man Cronin; the appointment of a secret committee; the attempt to make it appear that the society was trying this man as a disguise to those who might not approve of such work; all these things, if they are proved to you; if it appears in evidence that this great deliberation was had, that this great conspiracy was concocted as we claim, that this man's life was taken away, as we shall prove—if all this satisfies your minds, then your duty will be plain, then you can give the correct answer to the question as to whether you have conscientious scruples against the death penalty. Gentlemen, we will present this evidence as rapidly as possible, but I trust you will be patient with us in this case. It is a matter that concerns the people as well as the defendants. We will present it as rapidly as we can, consistent with doing our duty; and when you have heard this evidence, if you are not satisfied that Dr. Cronin was murdered; if you are not satisfied that these men, whether present at the killing of the doctor, or whether only present in the conspiracy; if you are not satisfied that they are guilty of the charge, then, of course, turn them loose. But if this evidence shows this deep laid conspiracy; shows its premeditation; shows the coolness with which they planned it; if it convinces your minds beyond a reasonable doubt that they are guilty, then your duty is claimed to inflict upon them the highest penalty of the law."
John Kunze. John F. Beggs. Daniel Coughlin. Patrick O'Sullivan. Martin Burke.
THE FIVE DEFENDANTS IN COURT.