"All I desire that you should do, gentlemen, is this: After the arguments are finished, when the silvery-tongued orator is done and you retire to deliberate upon and consider your verdict, sit down and wait until your blood is cool, sit down and wait until calm judgment and cool discretion take the place of frenzied emotion, before you act, and by your action commit a deed which shall haunt you to your grave.
"Only a century ago Ireland blossomed as a rose. From the center to the circumference of that beautiful isle the smoke-stacks opened their black mouths toward the sky. Throughout the length and breadth of the land the fires glittered and gleamed upon the forges of industry, and everywhere the buzz of the spindle and the clatter of the loom were heard. Among the illustrious names which history gives us we find among them some of the grandest statesmen, some of the most eloquent orators and most learned scholars that ever lived upon this earth, either in times modern or ancient, were the sons of the Emerald Isle. But how have the mighty fallen! Armed forces have invaded the territory; the jury and the courts have been superseded by the drumhead court-martial; coats of tar and feathers have been resorted to; men, women and little children have been publicly whipped; the parliament has been stolen away; the smoke-stacks are cold and crumbled, and fires are out on the forges and in the furnaces, and the spindle and the loom are still."
Counsel read selections from the address of John F. Beggs to President Harrison at Indianapolis at the time he visited that city with the Irish national committee, and also President Harrison's reply to the address of the organization, and then said: "Do you question for a moment the loyalty of the Irish people in America, and would you condemn them for their loyalty to their mother country? It is not charged in this case that the Clan-na-Gaels are dynamiters. If it had been my brother Hynes is the only one connected with this case who could give you reliable and full information on that subject, because he is a dynamiter. It may possibly have been that some men would think that by throwing a little dynamite into England it would set Englishmen thinking favorably of the project of that old statesman, Gladstone, to give to the Green Isle liberty to govern herself. Or perhaps it might have been regarded as a matter of retaliation for the suffering and indignity which the sons and daughters of the Green Isle had encountered for years. I do not know anything about it and therefore shall not refer to it.
"Now, gentlemen, I have got an unpleasant duty to perform. I realize the fact that when we step upon the narrow walks of the city of the dead we are treading upon sacred ground. He who speaks of a soul departed in any other than words of commendation had better weigh well the purport of his language. Human charity is ever willing to bury with the bodies of men all the evil which they do, and remember only their virtues. That is commendable. That is right. Yet, gentlemen, I say I have a painful duty to perform because of certain expressions made by my client during the life of the man whose soul is now in eternity, and in order that I may protect his life I feel that I am justified even in censuring the conduct of the man during life, who has passed into eternity. The man who supposes or has supposed that Dr. Cronin, while here on earth, was an angel in disguise, is very much mistaken. Now, is that hard to say of a man who is dead? I hope you do not misconstrue the purpose for which I have stated it, or the object I have in view, but because my client has given his opinion while Dr. Cronin was alive. I have a right to give it so long as my client is alive in order that he may live, and that my language may be understood and justified in every regard. Whether or not this is an illegal organization, whether or not the dynamite policy existed as stated by Judge Longenecker in his opening argument, whether or not the purposes of the organization are to send dynamite to England and there to destroy human life and the lives of men and women and of children, as my friend says, I know not, but if that was the object of the organization the most active member and the promoter of the society and the purposes of the organization was Dr. Patrick H. Cronin.
"To that statement I emphatically object," said Judge Longenecker. "We wanted to prove the reverse of that, and that Dr. Cronin was expelled because he bitterly opposed the dynamite doctrine, and we were not allowed to do it. It is not right to make such an assertion against a dead man, and, for one, I will not sit here and listen to it. So far from Dr. Cronin ever taking a dynamite policy, so far from his being an active member in furthering such a purpose, we wished to prove that he wrote a circular bitterly opposing the dynamite policy, for which he was expelled from his camp. It is not right, it is not manly to charge upon a dead man something that is entirely without foundation and opposed to the truth."
"I claim that I have the right to argue that he was an active member in that project," retorted Mr. Foster, "because the gentleman shows that he organized camp after camp in this city and organized them on one basis."
"And that basis was diametrically opposed to any dynamite policy and also opposed to the triangle, which dictated that policy," said Judge Longenecker. "If Cronin were here and could defend himself it would be a different matter."
"I do not know of any testimony from which you can argue that there was any dynamite policy, Mr. Foster," said the court. "I certainly do not know of any such testimony, and therefore I do not think I can permit you to proceed on that ground."
"It is in testimony that the dynamite policy of the organization was approved, because they were all reunited," said Mr. Foster. "I know what Hynes has said and I claim the right to reply to him unless the gentleman for the prosecution particularly desires to interrupt me. He does not disturb me at all but simply interrupts me."
"I shall interrupt you just as long as you unjustly attack a dead man who can not defend himself," said Judge Longenecker.