THE PLOT TO MURDER CRONIN.
"Had he reference to the trial committee? Why, no. They contended they had been urging for that committee's report; would he have made such a remark as that if it had reference to the trial committee that tried the triangle? No, gentlemen, it had reference to this secret committee that had been appointed by John F. Beggs; and to show you that he had appointed it, on the 29th day of April, over on the South Side of this city, as is testified to by his friend Spelman, the district officer—on the 29th day of April what did he say? He said, 'That matter has all been amicably settled.' How settled? At the hour he spoke the cottage had been rented; at the hour he spoke the arrangements had been made; at the hour he spoke the sentence had been fixed; at the hour he spoke it had been 'amicably' settled—that was on the 29th day of April. Is there anything in the camp that shows it was amicably settled? Has there been a man to come here to say they visited Dr. Cronin's camp to investigate why he read this report! Has there been a man that dare come to the front and say that any investigation had been made—that anything had been done? No. Then, why was it that this man, Beggs, said that it had been amicably settled? Because the committee had agreed that certain things had to be done, and that they would be done, and therefore there was no occasion for any further investigation. That is why he told Spelman on the 29th of April that this matter had been amicably settled. It had been.
"Following that, when he says, 'That committee reports to me alone,' it is no wonder he made that remark, knowing in his heart what had been done; knowing the results that were to follow, no wonder he said 'That committee reports to the senior guardian alone.'
"Now, if he made that remark—that it was to report to him alone—where is the man that will assert that there was no committee appointed? We do not contend that there was a committee appointed as provided by the constitution in a legitimate way in their order. There is no such contention here; but that they assumed to appoint a committee; that they did appoint a committee, and that that committee was a committee of three. We contend that that was done for the purpose of covering up the deeds of these men that followed the appointment of the committee. You remember. There is nothing said about the appointing the committee to try Dr. Cronin—nothing is said about the appointing the committee to do anything except to find out how it was that this was done. If it had been intended to do anything in an honorable way—in a way that they must, to be honorable to themselves and the society, and appointed that committee as Denis O'Connor said, to go up and find out about the matter and report back—then it might be considered as of nothing. But they didn't do it. Tell me that it was 'amicably settled!' What had they done in the camp? What report had been made? What steps had been taken to investigate the matter? No one knows except the senior guardian and his committee just what was said or done."
THE LAW OF CONSPIRACY.
"Now, gentlemen, I shall not bother you by reading much law at this time. As I stated, I want to go over the evidence, but at this point I want to call your attention, before entering upon the other evidence, to the Spies case. I will only read from the syllabus, and leave the case for others who may wish to refer to it, either on the side of the people or on the side of the defense. I want to call your attention to the law of conspiracy as laid down in that case." [Here Judge Longenecker read a long extract bearing on the point that where two or more persons combine to do an illegal act, they are all guilty, whether they are all present at the consummation of the crime or not.] He then proceeded: "That is all I desire to read you upon the law of conspiracy. We have talked about Camp 20 and actions of this order, and we now come up to another part of the case. You will remember that Throckmorton, of the real estate agency of Marshall & Knight, on Clark Street, told you that a man by the name of Simonds appeared there on the 18th of March and inquired in reference to a flat. He wanted to rent two rooms on the upper floor of 117 Clark street. The agent told him they had two rooms on the floor below, and he said he didn't want them—that he preferred to have those on the upper floor, fronting on Clark street. You will remember that he stated that they could not rent two rooms in that flat and he would have to rent the entire flat, and the man said he would see Mr. Marshall concerning it. Next day, the 19th, the man appeared again at the office, and Throckmorton saw Mr. Marshall, who would not rent two rooms and said he would have to take the entire flat. The fellow said all right, and paid them $40 for the top flat, which, as you will remember, was in the neighborhood of Dr. Cronin's office, just opposite the Chicago Opera House building. You will further remember that Throckmorton testified that the man pulled the money out of his pocket in a careless way and paid $40. I don't know whether he understood why he wanted the front rooms at that time, but he paid a month's rent and signed a lease. Mr. Marshall corroborates that statement."
THE PURCHASE OF THE FURNITURE.
"On the same day this man, J. B. Simonds, appeared at Revell's store. Now, it does not matter whether we have shown that he was a member of Camp 20 or any thing about it. It does not matter whether we know who he is, but it is part of the means used in this case, and for that reason it was admitted in evidence. He said to Hatfield, the salesman, that he wanted some of the cheapest furniture he could get. He was taken to the department where the cheapest furniture is kept. He was quick and firm in his selections. When he was shown a cheap bedstead he said, 'That is all right; I will take that.' When he was showed cheap chairs, he said, 'I will take them.' When Hatfield showed him other pieces of furniture, he said promptly, 'I will take them.' Then he said he wanted a cheap trunk, the largest in the store. They went to the trunk department and they picked out a packing trunk of the largest size. He said he wanted a common valise and a strap for the trunk. These articles were all produced and he went away. That must have been before the signing of the lease for the flat, because he comes back the next day and tells them to deliver the goods. He picked out the commonest furniture, stating that it was only for temporary use. The next day he went back and paid for the furniture and it was moved to 176 Clark street.
"Now, gentlemen, have you any doubt about that furniture going to that number? None of you can have a doubt on that question. When he went back to Revell's he said he wanted a larger sized strap; that the strap he got was too small, too light, and Mr. Hatfield said he would get him a larger strap, which he did and charged him 50 cents for it. Mr. Allen, who moved the furniture, said he took a bed; a bureau, a washstand, a mattress, a bowl, and pitcher, the trunk (the valise and strap were inside the trunk) and all the articles that this man Simonds had purchased, to 117 South Clark street. The shipping clerk Neahr, who packed the goods testified that the goods taken over there were the same as those bought by Simonds. This was followed by the evidence of McHale, the carpet layer, who said he laid the carpet in the front room of 117 Clark street; that Simonds appeared there and was very easy about the matter, not caring just how the carpet was laid, and he had the carpet laid in the front room. It is not for us to say what the objecting was in renting the flat at 117 Clark street; it is true that that number was selected; it is true that this furniture was purchased; it is true that the trunk was purchased and went with this furniture. Now we find that the only living person identified as occupying the room, in which this furniture was placed and the carpet laid, is the man Kunze. He was seen there with another man taller than himself. They were seen there frequently during the time the flat was occupied by this man Simonds, and Kunze was the man who was identified as being in that flat at the time. That is testified to by James, testified here in a manner that must convince you that he was telling the truth, because, in his evidence, he was not over-anxious about anything else. When the learned counsel for the defense asked him if he had ever been mistaken about men he had seen on the street, James said he might have been, that such a thing could happen, but he was not mistaken as to Kunze being the man who was in the flat. That evidence was before you, and that is the first time Kunze appears in this case, with the exception, perhaps, of his trip with Coughlin down to Peoria, which was in relation to another matter, and was only shown for the purpose of letting the jury know the intimacy that existed between Coughlin, the chairman of the committee and this man who was seen in the flat. He is just the kind of character, just the kind of man that Daniel Coughlin would have selected to occupy that room.
"This flat is occupied. We have shown that the furniture was moved in there, that the trunk was moved in, that the valise and all the articles purchased at Revell's were moved into that flat, and stayed there until the night of the 20th. You will remember that Collector Goldman, who collects the rents for this real estate firm, went to collect the rent for the flats on the morning of the 20th of March. He didn't find any one in, but he peeped through the letter hole and saw the carpet and furniture still there and went away. But when he returned the next morning, the 21st of March, the flat was vacant. And if you remember the other evidence, you will find that they moved in the evening. Now, why was that flat rented? Why was this furniture purchased? Is there any explanation on earth except that it was purchased and moved in for the very purpose for which it was used thereafter? Why they selected that flat at 117 South Clark street is not for us to answer. Why they should have moved the furniture in there first is problematic, except it was for the purpose of losing the identity and stopping the tracing of the property from where it was first purchased. That might have been the object. It is not necessary we should account for the reason of their having moved this furniture into that flat, but it is one piece of evidence in this case that follows along the line of the conspiracy.