The theory that because the Doctor might have, under certain circumstances, died from a stroke of apoplexy, was no reason why he had died of apoplexy.

"If he died of apoplexy," cried the State's Attorney, "why were his shirt and pantaloons cut to get them off him? Why was he stripped, his body put in one sewer and his clothes in another? The physicians, some of them, admitted that such wounds as found on the Doctor's head might not cause death. Well, a bullet in the bowels of a man might not kill him, but if a man with a bullet wound there was found dead, it would be judged by any man of sense that the man died from the effects of the bullet wound."

The assault upon the testimony of the State by Attorney Forrest came in for extended argument. "It showed how weak is the testimony of the defense," he exclaimed, "it shows how weak it is when this three-day lawyer spends nearly the whole of that time on our evidence and but fifteen minutes on his own. Forrest did quote a little Scripture, so did the devil. Forrest talked about Matthew, Mark, Luke and John, about whom his Sunday-school teacher taught him. He said that they disagreed; and because they disagreed, he tried to argue, that Mrs. Conklin and the young ladies who corroborated her, must have lied because they agreed. The only thing that Matthew, Mark, Luke and John have to do with this case is that they all point to Calvary, and, gentlemen, the evidence in this case points to Calvary [Cronin was buried at Calvary]. It was easy for him to deny the truth of our testimony, and especially that of Mrs. Hoertel, but he didn't attack Mrs. Hoertel's character. Why? Because they knew it was spotless."

"Now, the gentleman says there are other witnesses, and among them Dinan, has an interest in the museum, and all that. Why, Dinan made the statement he made here before the coroner's inquest. The same statement he made here, he made in the presence of Dan Coughlin, and yet this learned lawyer, who spent three days talking about witnesses and not fifteen minutes over his own defense, tells you Dinan swears in this case because he has an interest in keeping the gray horse in the museum. Then, gentlemen, you remember his attitude toward Mrs. Conklin, whose evidence was straight forward, who gave her testimony before the coroner, and who made her statement the very day after Dr. Cronin disappeared. What has he said but that he would have you believe she was sitting there committing willful and deliberate perjury; this woman who felt that Dr. Cronin was gone; who felt he was dead, who charged O'Sullivan with being in the conspiracy before she could induce the officers of the law to believe anything was wrong. He would have you believe, as he said, that she lied while upon the stand, and yet you noticed how she gave her evidence. The same tactics were pursued with Conklin and all the other witnesses. It was asserted that all of it came out after the coroner's inquest. Why look at it. He talked about the horse and well knows that she described and that she mentioned about his knees when before the coroner. Her identification of that horse was like your identification would be of a man who might come into your house to-night and you might see him under a gas jet. If you saw him in the street in daylight the next day you might not know him, but if you ever saw him under a gas jet under the same circumstances you would immediately say, 'There he is.' His stooping position, his eyes, and a dozen other things would strike your memory and make you certain of your identification.

"So with Mrs. Conklin. When she saw the horse in the same position it was on the evening Dr. Cronin was driven to his death, she immediately said, 'that is the horse.' Why, because she saw the unquiet appearance of the horse and the movement of its legs, and she at once said 'that is the horse.' But it was not necessary for her to be so positive in the identification of the horse. She said it was a white horse and a top buggy without side curtains from the very start, and the moment she saw Dinan's horse and buggy she identified it. Then he tells you that Mertes was fixed by us to see Coughlin driven up to that cottage, and he tells you that without Mertes we could not have proved that Coughlin was ever there. He also tells you that without Mrs. Hoertel and Mertes we could not prove that Cronin was murdered. Well, to a certain extent the great lawyer is right, for without any evidence we could not prove the crime. Now, take Coughlin's conduct in regard to that white horse. Or, before we reach that I would call your attention to the fact that it was known that Dr. Cronin had been driven away from the Conklin residence in a buggy drawn by a white horse, for on the Monday morning, long before it was known that Dr. Cronin was murdered, before any one had charged that there was anything wrong with him except Mrs. Conklin, word was sent out from the police force to see who had a white horse and buggy out on Saturday night, and yet this lawyer would have you, as an honest jury, believe that we were trying to have Mertes swear that he saw Coughlin drive there with a bald-faced brown horse for the purpose of swearing his life away. It is absurd to talk such stuff as that. Yet he would have you believe it. Mertes never mentioned the matter until after the body was found; until after the cottage was discovered and it was advertised as to what horse had driven Cronin away.

"But here is a significant fact to which I wish to direct your attention. Why should Dan Coughlin, on the Monday morning, before any one had charged that Dr. Cronin was murdered, when Captain Schaack said he would turn up all right, when he was not uneasy, when he told Mrs. Conklin to wait until night, when the world and every one almost had accepted the statement that the trunk had contained the body of a woman, on account of the statement made by a certain man, why should Dan Coughlin be so anxious about the horse his friend had driven? No one had told him that any one drove a white horse, and why should he say to Dinan, 'Don't mention it, because Cronin and I were not friends?' Gentlemen, at that time Coughlin knew that Dr. Cronin was murdered, and he knew that the white horse and buggy had carried him to his death. Think of the matter, and remember that it was on the Monday morning before any one had charged that anything had happened to Dr. Cronin that he was so anxious to have the matter concealed. Why was he induced to believe that that horse had taken Dr. Cronin to his death? No one had charged that he had anything to do with it; no one believed the poor woman, and why should Coughlin be so ready to believe it when Captain Schaack did not believe it, when the chief of police did not believe it, when the public prosecutor did not believe it, and when the community were led to believe that Dr. Cronin was alive? I ask you again, why should Dan Coughlin, on the 6th of the month, the second day after the murder, and before anything had been discovered, tell Dinan to keep still.

"This man, Forrest, tells you that because we have only one witness to a fact, therefore, it is put up and is a lie. He goes on to tell you about Matthew, Mark, Luke and John, and that is about all he knows about the Bible. He says Matthew, Mark, Luke and John are not agreed, and he quotes that to show that Mrs. Conklin and the two Miss McNearneys when they gave a description of the man who called for Dr. Cronin lied, because, as he says, they agreed in their description. The trouble with him is they didn't tell the story all alike, but the material part of it they did tell alike. All that leads up to the identification of the man who drove Cronin, the central figure, they do agree upon, and that is true. The same way with Matthew, Mark, Luke and John. While they give it in different language, do not they all point to Calvary, and so it is with this evidence of the Misses McNearney and Mrs. Conklin, and the evidence also of Dinan; it is the evidence of witnesses who tell the truth and it all points you to Calvary. I do not intend to dwell upon all that Forrest has talked to you about. He has talked about the evidence of that wagon, and seems to think a good deal more of sound than he does of sight. He regards sound as being far better than sight, hence I think he will appreciate my speech on this account.

"He says that wagon was driven from away across the railroad crossing onto Fullerton avenue. No one saw it cross the railroad track, and Officer Steib says, the first he saw of it it was east of Ashland avenue. He also says that before he saw it he heard it rumbling over the railroad track, but he does not know whether it was this wagon he heard rumbling or some other. But there is not enough in it for us to stop long to consider whether it crossed the railroad track or not. The fact is the same. They did not see it until it was east of Ashland avenue, and then they saw it coming back on Ashland avenue. There is no reason why they could not drive around the block if they wanted to, but we do not know what course they took, yet we do know they could have taken that course very easily, and if they had taken a direct course they would have been tracked from the cottage to the place of their destination.

"Forest then says to you: 'It is strange, isn't it, that they drove right down toward the city, where they could be seen by the police force?' It does not seem that the police force hurt them any. They were seen by half a dozen officers and not stopped, and the man who drove the wagon did not seem afraid of police officers, but on the contrary seemed to know just what police officer to strike. They got along to Fullerton avenue, and they knew that it was just the very thing to do to drive along a street where they would not be suspected. Suppose they had driven along Ashland avenue straight to where they went to dispose of the body, they would have been unquestionably tracked. But we are not here to argue why they did or did not do certain things. Those men who murdered Dr. Cronin and thrust his body into the sewer, can probably tell you far better than I can. There is reason for acquitting the men if you believe them guilty, simply because we can not tell exactly the way they drove around or in what direction. The fact is they were seen on Fullerton avenue, going east, about half-past 11 o'clock. At 12 o'clock they were seen going north on Clark street, and at 1 o'clock they were at Evanston avenue and Edgewater, and one man sat on the wagon, facing backward.

"Another point. Some one during the trial, and I think I took that position myself, during the time Forrest was arguing the question of the trunk, said they kicked it open. Now, it does not matter whether they kicked it open or not. Men who could open a sewer could pry that lock open as well as any one else. He wants you to understand that the officer pried it off, but you will remember that those two honest Germans testified that they found the lid separate from the trunk, and that they gathered it up and put it with the trunk. Now, it does not matter whether the lock was broken open or whether the trunk was kicked open. The fact is it was locked; that the trunk was in the wagon and the key was gone. Is it for us to say whether they pried open that trunk or kicked it open from the rear? Our theory is that they kicked it open, and that when they found it would not open wide enough they pulled the lock off. We don't know how it was done. His clients can tell you better perhaps than we can if they had anything to do with it, which we insist they had under the evidence."