The Crime of the Century; Or, The Assassination of Dr. Patrick Henry Cronin

by Henry M. Hunt

"Although you may fully and confidently believe that one J. B. Simonds, the person who drove Dr. Cronin away from his home on the night of May 4th, and other unknown persons were members of a conspiracy to murder Dr. Cronin as charged in the indictment, and, indeed, that they did murder him, yet you can not and ought not use any evidence respecting the conduct and conversations of such persons, or any of them, against any defendant unless you are first convinced beyond every reasonable doubt, from the evidence, that such defendant was also a member of such conspiracy to murder Dr. Cronin.

"Although you may believe that a conspiracy existed to murder Dr. Cronin, and although you may further believe that he was murdered in pursuance of such conspiracy, yet the fact that a defendant did some act which contributed in some measure in producing the Doctor's death will not justify you in concluding that the defendant doing such act was a member of such conspiracy, unless you further believe, from the evidence, beyond a reasonable doubt, that said defendant, at the time of doing such act, actually knew and intended that the act done by him should be one of a series of acts to be done by others in producing the Doctor's death.

"A conspiracy may be established by circumstantial evidence, the same as any other fact, and such evidence is legal and competent for that purpose; so whether an act which was committed was done by a member of a conspiracy, may be established by circumstantial evidence, whether the identity of the individual who committed the act be established or not; and also whether the act done was in pursuance and furtherance of a common design, may be ascertained from the same class of evidence; and if the jury believe, from the evidence in this case, beyond a reasonable doubt, that the defendants or any of them, conspired and agreed together, or with others, to kill and murder Patrick Henry Cronin, and that in pursuance and furtherance of that common design and by a member or members of such conspiracy the said Patrick Henry Cronin was killed and murdered in manner and form as charged in the indictment in this case, then such of these defendants, if any, whom the jury believe from the evidence beyond a reasonable doubt were parties to such conspiracy, are guilty of the murder of the said Cronin, whether the identity of the individual doing the killing be established or not, or whether such defendants were present at the time of the killing or not.

"Under the charge of conspiracy against any of the defendants to commit murder, it must be proven, beyond every reasonable doubt, that such defendant combined with one or more persons in the common purpose and with the common design to murder the deceased before you will be justified in believing that the conspiracy existed as charged against him. Although you may believe that the defendant Burke rented the Carlson cottage and removed the furniture and other articles mentioned in evidence from 117 South Clark street to the said cottage, and although you may further believe that Dr. Cronin was murdered in the Carlson cottage, you are advised that these acts of the defendant Burke in themselves are insufficient to justify you in concluding that he was a party to the alleged conspiracy, unless it further appears, beyond all reasonable doubt, that such acts of the defendant Burke were deliberately and willfully intended by him to assist in the perpetration of the crime of murder.

"Although you may believe than Dinan's horse and buggy was used on May 4th to take the Doctor to his death, you are advised that the act of the defendant, Coughlin, in engaging such horse and buggy is insufficient to justify you in concluding that he was a party to the alleged conspiracy, unless it further appears beyond all reasonable doubt that such act of the defendant, Coughlin, was deliberately and willfully intended by him to assist in the perpetration of the crime of murder.

"Although you may believe that the contract between O'Sullivan and Dr. Cronin was used on May 4th to decoy the Doctor to his death, you are advised that the act of the defendant, O'Sullivan, in making such contract of itself is insufficient to justify you in concluding that he was a party to the alleged conspiracy, unless it further appears, beyond all reasonable doubt, that such act of the defendant, O'Sullivan, was deliberately and willfully intended by him to assist in the perpetration of the crime of murder, or that he knowingly and corruptly consented to the use of said contract in accomplishing the alleged murder of the deceased.

"In considering the circumstance of the contract made between Patrick O'Sullivan and Dr. Cronin, you are not permitted by the law to take into account or draw any inference from the fact that the witnesses McGarry, Capt. Schaack, Mrs. T. T. Conklin, and others testified that they expressed the opinion to Patrick O'Sullivan in conversing with him that the said contract was unbusiness-like, unusual, strange, and suspicious; such opinions furnish you no warrant for concluding that the object and purpose of Patrick O'Sullivan in making the contract was illegal or criminal.

"While it is necessary, in order to establish a conspiracy, to prove a combination of two or more persons by concerted action to accomplish the criminal or unlawful purpose alleged in the indictment, yet it is not necessary to prove that the parties ever came together and entered into any formal agreement or arrangement between themselves to effect such a purpose; the combination, or common design or object may be regarded as proved, if the jury believe from the evidence, beyond a reasonable doubt, that the parties were knowingly willfully, and actually pursuing in concert the unlawful object stated in the indictment, whether acting separately or together, by common or different means; providing they were leading intentionally to the same unlawful result.

"The evidence in proof of a conspiracy will generally, in the nature of the case, be circumstantial. Though a common design is the nature of the charge, it is not necessary to prove that the defendants came together, and actually agreed in terms to have that design and to pursue it by common means. If it be proved to the satisfaction of the jury beyond a reasonable doubt that the defendants knowingly and intentionally pursued by their acts the same object, one pursuing one part, and another another part of the same, so as to complete it with a view to the attainment of the same object, the jury will be justified in the conclusion that they are engaged in a conspiracy to effect that object.

"If the jury believe from the evidence, beyond a reasonable doubt, acting in the light of the entire charge of the Court, that the defendants now on trial, or some of them, conspired together, or together and with others who were to the Grand Jury unknown, to kill and murder Patrick Henry Cronin, and that one or more of the conspirators, in pursuance and furtherance of the conspiracy, did kill and murder the said Cronin in manner and form as charged in the indictment, then any or all of the defendants (if any) who so conspired are in law guilty of such murder, although they may not have actually killed the said Cronin, or been present at the time or place of the killing.