"I leave the matter now in your hands. I have had this case on my hands for months and months. I feel now that the responsibility rests with you. I put it in your hands, believing confidently and expecting that you will do what your best judgment dictates. When you come to consider your verdict, think of the 4th day of May; think of that man gathering his little valise and instruments; think of him bringing to his bosom the cotton to relieve suffering; think of the splints in the box; think of his rushing out to the buggy; think of his crowded seat; think of him moving north to relieve suffering humanity. See him enter as a gentleman into the cottage; hear his cries of God and Jesus when, without giving him time to utter the other Trinity name, he was felled to the floor. Think of his wounds in his head; think of the grave in which he was placed; think of all these in making up your penalty, and may it be such a verdict as when His Honor pronounces judgment on it, that he, having an eye to God, may say: 'May the Lord have mercy on your souls.'"
Judge Longenecker received the congratulations of his colleagues for the able manner in which he had presented his case, and the Court inquired if Judge Wing wished to proceed at once. Judge Wing said he was ready to proceed if the Court desired he should go on.
An Appeal for Coughlin.
Judge Wing's address to the jury on behalf of Daniel Coughlin was an able effort, lasting over two days. He took the ground that there was absolutely no evidence whatever against his client, and quoted numerous cases in the criminal records of New York, Chicago and other cities to demonstrate the fact that circumstantial evidence was totally unreliable, and that it would be monstrous if a man's guilt or innocence were to be based upon a previous conviction. He urged that prejudice should not effect the verdict, and that the jury should not be biased against his client simply because he was a member of the Clan-na-Gael. The whole case, he said, was circumstantial, was interwoven with doubts, contradictions and possibilities, so as to be practically of no strength whatever when taken in a mass. Counsel reviewed the testimony of other witnesses for the State as it affected Coughlin, casting doubt on the evidence of Mertes, the milkman, scoring Major Sampson, and insisting there was no absolute proof that it was Dinan's white horse that drove the Physician to his death. Speaking of Sampson, he asked the members of the jury if they were going to act upon the word of a thief. Could they look the prisoner's wife in the face and say to her, "I sent your husband to prison upon the words of Major Sampson?" Could they go to his children and say to them, "I have made you, by my verdict the children of a felon. I have put eternal griefs upon you upon the words of a man who goes about the country with public speakers, seeking sporting privileges, and working 'Grangers' with the 'shell game?'" As to the knife episode, he said, that never since crime was committed by man had anyone heard of a guilty man keeping souvenirs of his crime, or preserving such evidences of his guilt. Never in the history of the world had such a thing occurred. The speaker went into the Camp 20 phase of the evidence, insisting there was an absolute lack of proof that any conspiracy had existed. He touched upon the telephone messages that passed between Coughlin and O'Sullivan, saying it was impossible that murderers or men plotting murder would trust a message to a fellow-conspirator through a telephone.
R. M. WING, ONE OF COUNSEL FOR DEFENSE.
He elaborated on the necessity of absolute proof of the cause of death, arguing that no one but a physician could definitely determine the cause of death, and unless it was shown beyond a doubt that the death of Dr. Cronin was caused as shown in the indictment, it was the duty of the jury to find the prisoners innocent. One of the most vital points in the case, the cause of the death of Dr. Cronin, remained unproved, and until this was settled, and settled beyond a doubt, the charge could not hold good and the defendants could not be convicted. Judge Wing dissected the evidence of the medical experts at length, ridiculing them mercilessly, casting doubt upon the theory of the State, that the blood found in the Carlson cottage was that of a human being. He concluded his address in these words:
"Gentlemen, I have tried to discuss this case fairly and conscientiously. We are about to part, and I beg you, in conclusion, not to go off upon any prejudice, or upon any passion or upon any suspicion. I beg of you to give these men a fair show. I believe you will do that. I beg of you to remember that a certain conclusion can only be reached after you have traveled on sure and certain ground. Do what you think is right under the law, gentlemen, and I do not doubt you will."