CHAPTER XIII.

SULLIVAN'S ARREST CREATES A SENSATION--HIS FRIENDS STAND BY HIM--THE

NOTED IRISH LEADER IN COURT--EFFORTS TO SECURE HIS RELEASE--JUDGE TULEY

GIVES HIM HIS LIBERTY--ARREST OF MARONEY AND MCDONALD IN NEW YORK--THEIR

EXTRADITION REFUSED.

Although, from the nature of the testimony before the coroner's jury,

and the numerous developments in other directions, the arrest of the

ex-president of the Irish National League of America was not entirely

unexpected, it nevertheless produced a profound sensation, not only in

the United States, but also across the Atlantic. By many of his friends

and acquaintances in Ireland, the news was at first received with

incredulity, and afterward, when confirmation had been flashed over the

wires, with expressions of astonishment and denunciation of the course

of the authorities. Men like Charles Stewart Parnell and Michael Davitt

were not slow or conservative of words in giving utterance to the

opinion that a serious mistake had been made; that Sullivan was an

honest man, a patriot, a true worker in the cause of Irish liberty, and

altogether a man whom it would be impossible to convict of identity with

a conspiracy to assassinate one of his enemies. Meanwhile the Chicago

friends of the accused lawyer were not inactive. Bright and early on the

morning following his arrest they were in conference, for the purpose of

determining upon the best course to pursue in order that his freedom

could be secured. As a result of their deliberations, Counsellor A. S.

Trude, one of the leading members of the Chicago bar, appeared before

Chancellor Tuley upon the opening of the court, and secured a writ of

_habeas corpus_, calling upon Sheriff Matson to produce his prisoner in

court at three o'clock in the afternoon. The news spread rapidly.

Popular feeling had been re-kindled by the events of the week, and, long

before the hour designated, the court room was besieged by a crowd of

people anxious to see the distinguished suspect. Sullivan was brought

into the court room promptly on time, under escort of the sheriff and a

couple of broad-shouldered deputies. Owing to some difficulty in

securing a vehicle, and the stoppage of the street cars through an

accident, the sheriff and his prisoner had been compelled to walk from

the jail to the court room, a distance of nearly one mile, and strange

as it may seem, although the route took them through a leading

thoroughfare crowded with people coming and going, not one seemed to

recognize the official or his companion. No one would have imagined for

a moment that the latter had been the occupant of a cell over night. His

linen was immaculate, and his attire--a neat fitting Prince Albert suit

of black diagonal, with a black cravat tied in a simple knot over the

snowy shirt bosom and the turn-down collar--was absolutely faultless.

The occasion was one to try the soul of a strong man, but as he looked

over the court room and glanced into the faces of many of his bitterest

enemies, his expression was stoical, and he shook hands in a cheerful

manner with several friends who were in court to show their allegiance

to him. As counsel, he had Attorneys Trude, Windes and McArdle--the two

latter his law partners--ex-Senator Duncan and Hiram Gilbert. The people

were represented by State's Attorney Longenecker and his assistant,

Frank Baker, the former occupying his favorite attitude of leaning over

the bar of the court while the arguments were in progress.

It was developed at the outset that the unconditional release of the

prisoner was not desired, but that it was simply sought to secure him

his liberty upon substantial bail. The proceedings opened with the

reading of the petition to which Mr. Sullivan had affixed his signature.

In this he declared that the evidence before the coroner's jury, and

upon which his arrest was based, had been wholly insufficient to warrant

that action; that there was no competent evidence, direct or

circumstantial, tending to prove that he was guilty of the murder of

Patrick H. Cronin, or an accessory thereto, or had guilty knowledge

thereof, or knowledge or thought of conspiracy to accomplish the same;

that the verdict was based upon a large amount of incompetent and wholly

irrelevant testimony calculated to create prejudice, and that the

verdict rendered, so far as it reflected upon the conduct of himself

(Sullivan) was the result of passionate prejudice, created by the

admission of such evidence. The document concluded with a declaration

that the petitioner was not guilty of the crime with which he had been

charged by the verdict, and that he had had no connection whatever with

the murder of Dr. Cronin.

ARGUING ON THE PETITION.

The arguments were begun by States Attorney Longenecker, who demurred to

the application on several technical grounds, dwelling especially on

the point that the question as to the guilt or innocence of the accused

was a question to be decided in another court. The statement of the

accused regarding the insufficiency of the evidence was, he urged, a

conclusion which he was incompetent to arrive at.

[Illustration]

Mr. Gilbert replied for Sullivan, saying that it would be a practical

denial of justice to deprive his client of the right to be admitted to

bail. Mr. Trude followed with a lengthy address, in the course of which

he said that the bill of rights which guaranteed the inalienable rights

of citizens, provided that unless there was positive proof or a strong

presumption of guilt, the accused should not be held in imprisonment.

Mr. Sullivan he said, had made no effort to run away. He had been at

home at night and in his office by day, and hence he did not stand on

the same footing as a felon who had been brought back from some State to

which he had fled. Further argument followed, and it was finally agreed

that the court should read over the evidence taken before a coroner's

jury, before announcing his decision. Sullivan was thereupon remanded to

jail. Here he was held for forty-eight hours, or until three o'clock of

the following Friday afternoon. When brought down to the court room for

the second time, he looked careworn and anxious, and there was no smile

on his face as he greeted his attorneys.

SULLIVAN RELEASED ON BAIL.

Judge Tuley plunged into his decision without loss of time. He reviewed

the evidence which went to show that Cronin had been in fear of his

life, particularly from Sullivan, but held that there was no rule of law

which would admit this evidence before a jury. Sullivan, he said, had

not been shown to have been connected in any way with the obtaining of

the horse and buggy, with the renting of the Carlson cottage, or with

any of the other preliminaries of the crime.

It was shown, on the other hand, that Sullivan had resigned from the

Clan-na-Gael four years before-hand; and, if Cronin had been murdered

in the pursuance of the order of any camp, it was not very clear how

Sullivan, not being a member of the organization, could have influenced

that action. The judge went on to say that the protest made by Sullivan

against Dr. Cronin as one of the committee of six, showed the most

bitter and malignant hatred of the dead man, but the very fact that this

document was not made public until two or three weeks after the killing

of Cronin, seemed to argue that Sullivan was not connected with the

crime. It was almost impossible to believe that he would have

promulgated that protest two weeks after the murder, had he been

connected with the conspiracy. The evidence pointed to Sullivan as a

person who might have a revenge to gratify, but it failed to show any

direct act toward the gratification of that revenge. There was no doubt

but what the coroner's jury believed that Alexander Sullivan was

connected with the conspiracy, but it was largely influenced by hearsay

evidence. Striking out all but legal evidence, no impartial man could

think that it would be possible for any jury to convict the petitioner

on what remained, and as a man could not be deprived of his liberty on

the ground that more evidence would be produced to show him guilty, it

was apparent to him (the Judge) upon mature deliberation, that Sullivan

was entitled to bail. Upon the announcement of this decision there was

considerable discussion regarding the amount of bail, and in the end a

bond of $20,000 was agreed on by both sides. As bondsmen, there were

then presented Fernando Jones, a real estate dealer and one of the

oldest residents of Chicago; Daniel Corkery, a coal merchant; James W.

Touhy, an extensive dry goods merchant, and Michael W. Kerwin. The

state's attorney asked that they should be sworn and their property

scheduled. Mr. Jones affirmed that he was worth $20,000, and as his

wealth was in realty, estimated at about $2,000,000, the affirmation was

considered quite as good as an oath. Mr. Kerwin scheduled $400,000;

James W. Touhy, $175,000, and Daniel Corkery, $100,000. A bond was

quickly signed and Alexander Sullivan was once more a free man. His

friends crowded around him and congratulated him on having regained his

freedom. There were several minutes of hand-shaking, his countenance the

while expressing the satisfaction at the turn affairs had taken, and

then, with his friends and counsel, he left the court room. The bonds

remained in force until November the 8th of the same year, when, no

indictment having been returned against him, Mr. Sullivan appeared with

his attorney before Judge Baker and demanded that his bondsmen should

be released and himself declared discharged from all further connection

with the case. The State was at first inclined to resist the

application, but on the following day, finding that the law was entirely

on Sullivan's side, the objection was withdrawn; the bonds were declared

canceled and Alexander Sullivan, by reason of the failure of the grand

jury to find sufficient evidence upon which he could be brought to

trial, was legally declared innocent of all complicity in the atrocious

crime.

TWO ARRESTS IN NEW YORK.

On the same day that the coroner's jury returned its verdict, John J.

Maroney and Charles McDonald were arrested in New York on suspicion of

complicity in the murder. These arrests were made in accordance with

instructions issued by the State's Attorney and Chief of Police, of

Chicago, in the belief that Maroney was the man Simonds, who had hired

the Clark street flat, and that McDonald answered to the description of

the man who drove the Dinan rig. Both men had been prominent in the

Clan-na-gael, Maroney especially, having been one of the secret workers

for the "triangle." It was claimed by Luke Dillon that he had discovered

that Maroney was in Chicago under an assumed name from February 20th to

March 20th, that he reappeared on the morning of the day that the

physician was murdered under an assumed name, and that he left Chicago

for good on the following day. A complaint and information against the

two men was sworn out by John J. Cronin, the dead man's brother, and

upon this requisitions on Governor Hill of New York were issued by

Governor Fifer of Illinois, and entrusted to Detective Farrell. In the

meantime the prisoners had been arraigned at the tombs police court in

New York, before Justice Hogan, and remanded until the question of

extradition could be argued. This, however, did not meet the approval of

their friends, of whom over a hundred were in court, and the same

afternoon a writ of habeas corpus was applied for and granted by Judge

Andrews of the Supreme Court. The prisoners declared that they had been

in New York for weeks before and weeks after the murder of Dr. Cronin,

and in this they were corroborated by a large number of people.

Detective Farrell reached Albany on the following day, but Governor

Hill, upon looking over the requisition, promptly denied the

application, on the ground that it was not accompanied by an indictment,

and that no proof whatever was presented showing that the accused were

guilty of the crime charged against them. Upon receipt of this

information, Hatfield, the furniture salesman, Martinson, the

expressman, and Throgmorton, the real estate agent, started for New

York with a view of identifying the prisoners. Upon their arrival,

however, they utterly failed to find in either "suspect" the slightest

resemblance to the mysterious Simonds, and on the heels of this Judge

Andrews in the Supreme Court, handed down a decision upon the matter of

the writ of habeas corpus, ordering that the men be discharged from

custody, on the ground that there was not sufficient evidence produced

before Justice Hogan, in the police court, to justify their committal to

prison.

The Crime of the Century; Or, The Assassination of Dr. Patrick Henry Cronin · 第 13 / 26 章