"Of course they were not appointed to try him, gentlemen," exclaimed Mr. Longenecker, vehemently, "and they never did try him, for they never gave him a chance for his life. We don't contend they even went through the formality of a trial, but that this committee was appointed; that it acted; and that the result of its action was the removal of Dr. Cronin, we have no doubt. Now gentlemen," continued the State's Attorney, "the learned counsel who has more exceptions, and 'I object,' and 'wait a minute' in the record than he has evidence of the innocence of his clients, said that I was very tenacious about dates. I am. He called your attention to the fact that I had stated in my opening speech that dates would cut a figure in this case. They will. This was on the 8th day of February that this committee was ordered, and this, mark you, on the motion of a man who was an enemy of Dr. Cronin. The records, as shown by Patrick Henry O'Connor, show that Martin Burke was there, Patrick Cooney was there, John F. Beggs was there, and all these defendants on trial except P. O'Sullivan and Kunze. The record shows that. And now, before I forget it, remember, because I don't want to neglect defendant Kunze in this case, remember that if a conspiracy has been organized to do a certain thing—if there is a conspiracy to do a certain crime—whoever shall have joined that conspiracy has become a party to it, and they are bound by the acts committed prior to their joining the conspiracy and are involved in it as much going in the last hour as if they went in the first hour."
HISTORY OF THE CONSPIRACY.
"Now on this occasion, on the 8th day of February, we have Martin Burke, Daniel Coughlin, John F. Beggs, all present at this meeting, and on this night also Martin Burke was appointed a committee of one, as shown by the secretary's books, to pass upon the qualifications of Danahy's bartender (who swears to an alibi for Burke) for admission into the order. They were getting in their friends then. This was on the 8th of February. On the 16th of February John F. Beggs, senior guardian of this camp, wrote a letter to Spelman, the district officer, and on the 17th of February Spelman, the district officer, answers that letter, in which he says he knows of no authority under the constitution that authorizes him to inflict a penalty on a member who has committed the offense referred to by Beggs. Recollect, gentlemen, they talk about penalties; that he knows nothing in the constitution by which he is authorized to inflict a penalty. From these letters it will be seen that Mr. Senior Guardian Beggs had directed Spelman's attention to Dr. Cronin's camp, showing that he knew that it was in Cronin's camp that this minority report had been read, and to 'investigate' which the secret committee had been proposed by Coughlin. On the 18th of February John F. Beggs writes (and I will read you the letter) that he does not know of any 'written' law of the organization which authorizes the infliction of a penalty. On the 19th day of February Mr. Simonds appears and rents a flat and furniture is bought, and on the 20th the carpet is nailed down in the room on Clark street. 'Dates will cut a figure in this case.' This was all done in the month of February. On the night of the 22d of February this man (Coughlin), who moved to appoint that secret committee, already beginning his work as chairman of the committee, tells Henry Owen O'Connor that they have another Le Caron, and he says he has got it from good authority that it was Dr. Cronin who was the spy among them, and Mr. O'Connor would not hear any more and left him."
At this point Mr. Longenecker's attention was called by associate counsel for the defense to the fact that the words of Coughlin alluded to occurred on March 1 and not on February 22, and he made the necessary correction.
THE BEGGS-SPELMAN LETTERS.
"Now," continued Mr. Longenecker, "let us see whether there is anything else shown by these letters that passed between Beggs and Spelman. In the first place let us ask ourselves what was there to write about to Spelman if the object of the whole 'investigation' arising out of Thomas O'Connor's speech was to find out 'why' Cronin had read that minority report. There was no need to make any fuss about that. But suppose they wanted to create the belief that there was in the organization a man who was a spy or traitor, and that they wanted an excuse for killing him—that would be a very different matter."
The State's Attorney then proceeded to read to the jury the first letter written by Beggs to Spelman, dated Feb. 16. In this letter Beggs says: "It is charged that the senior guardian of Columbus Camp, at a recent meeting, to the assembled brothers read the proceedings of the trial of the executive at Buffalo." Mr. Longenecker compared this passage of Beggs' letter with the motion of Henry Owen O'Connor, carried by Camp 20, directing the senior guardian to notify the district officer "of the report going around regarding reports of the trial committee being read in one of the camps of this city."
"That motion was carried by the camp," said Mr. Longenecker, "but it seems that Mr. Beggs had found out what camp that report had been read in and all about it before he wrote as directed to Mr. Spelman."
Having alluded passingly to the passage in Beggs' letter protesting against the initiation of members into camps before their names were presented to Camp 20 and the central officers for ratification, which he said was in line with O'Sullivan's charge that U. O. D. men were being admitted to Cronin's camp, Mr. Longenecker took up Spelman's reply to this letter of Beggs. In this letter, which was dated Feb. 17, Spelman asked Beggs to refer him to that section of the law by which he was empowered to inflict a penalty on a senior guardian for disclosing the proceedings of a trial committee.