THE DEFENSE TAKES ITS TURN--UNSUCCESSFUL EFFORTS TO EXCLUDE THE BULK OF
THE EVIDENCE GIVEN FOR THE STATE--ALIBIS FOR THE PRISONERS AND THE WHITE
HORSE--A GENERAL DENIAL OF COMPLICITY IN THE TRAGEDY--REBUTTAL EVIDENCE
FOR THE PROSECUTION.
Only the usual recess for lunch intervened between the closing of the
case for the State and the opening of that for the defense. Mr. Forrest
led off with some forty motions to exclude the testimony of as many
witnesses who had been called by the prosecution, but each motion was
overruled, and the usual exception taken. The first witness for the
defense, Frederick J. Squibb, a stenographer, was examined with a view
of showing that the evidence of several of the preceding witnesses
differed materially from that which they had given at the coroner's
inquest. Ex-Police Captain Michael J. Schaack, testified that Mrs.
Conklin had absolutely failed to identify the white horse and buggy, and
his testimony was corroborated in some parts by Lieutenant of Police P.
G. Koch. The story of Neimann, the saloon-keeper, that O'Sullivan,
Coughlin and Kunze were in his place drinking sherry wine late on the
night of the murder was impeached by Jeremiah and James Hyland, cousins,
both of whom swore that they visited O'Sullivan at his house on the
night of Sunday, May 5th, took supper with him, remained several hours
and then went over in a body to Neimann's saloon. The two men were
placed alongside of Coughlin and Kunze for purposes of comparison, but
few, if any, points of resemblance were to be seen between them. An
alibi for Coughlin was the next thing in order, and ex-Detective Michael
Whalen laid the foundation for it by swearing that he saw his brother
detective at the Chicago avenue station from half-past seven until
midnight on the night of the murder.
John Stift, a police officer, corroborated Whalen, but on
cross-examination he destroyed the entire value of his testimony by
stating that on the morning of May 5th he was put to work by Captain
Schaack on the disappearance of the physician, while, as a matter of
record the disappearance was not reported to the police until nearly
twelve hours later in the day. Peter Koch was called in behalf of Kunze,
with a view of showing that the association of the little German with
Coughlin was due to the fact that both were working on a distillery
explosion case. On the following day William Mulcahey, one of
O'Sullivan's employes, testified that the iceman had told him of the
contract with Dr. Cronin, and also declared that he was out delivering
ice with O'Sullivan until after six o'clock on the night of the murder,
that they all had supper together and that he and O'Sullivan slept
together that night, both retiring late. Mulcahey positively swore that
the iceman did not leave the house during the night. His testimony was
corroborated by Thomas Whalen, O'Sullivan's cousin, who had lived with
him for six years, and by James Knight, James Menahan and Patrick
Brennan, all of whom were employed by O'Sullivan at the time of the
murder. Robert Boyington, a carpenter, who boarded at the O'Sullivan
residence, told the same story. Miss Kate McCormick, sister of Mrs.
Thomas Whalen, as well as the latter, were examined on the same line,
and both insisted, despite the sharpest kind of cross-examination, that
the iceman did not leave the house on the fatal night. The alibi for
Martin Burke was started by Mat. Danahy, who testified that the
defendant was at his house from six to nine o'clock on the night of May
4th, and that he shook dice with him for a long time. He added that
Burke and Cooney came to his saloon on the following morning (Sunday),
and remained until late in the evening, during which time they engaged
in several games of "cut-throat" euchre.
Other witnesses testified regarding seeing Burke in the saloon.
Ex-Congressman John F. Finerty, M. J. Keane, John Dwyer and Matthew
Brady all gave evidence to the effect that there was no inner circle in
the Clan-na-Gael. Justice David J. Lyon testified that on the 22d of
February in company with Beggs he called on Benjamin Harrison, at that
time the President elect of the United States, at the latter's residence
in Indianapolis, in reference to the procurement of an appointment for a
friend to the office of sub-treasurer at Chicago. Witnesses were also
called with a view of showing that the committee appointed by Beggs was
a perfectly innocent one, and had no relation whatever to Dr. Cronin. An
alibi for Dinan's white horse was furnished by Louis Budenbender, who
had been brought all the way from Hoboken, N. J., to testify. His story
was, that he was standing nearly opposite the Conklin residence on the
night of May 4th, that he saw the buggy drive up and Dr. Cronin driven
away; and that, having since seen Dinan's white horse, he was certain
that it was not the same animal. The horse in the buggy according to
Budenbender was a dark speckled gray with white legs and very different
in appearance to Dinan's nag. Prof. Marshall D. Ewell, Dr. Harold H.
Moyer and Prof. Lester Curtis were called to rebut the expert testimony
for the State. Mrs. Hoertel was also recalled in behalf of the defense,
with a view of showing that she had made a mistake in the dates upon
which she had seen the men enter the Carlson cottage, and August S.
Saltzman, a German, was positive that it was after the 8th of May when
the two locks were changed on the doors of the Hoertel residence.
Additional expert testimony was given by Dr. Edmond Andrews, who said
that the wounds on the body of Dr. Cronin when it was found, were not
necessarily fatal. Police Officer Stift, on being recalled, admitted
that he had made a mistake in his previous testimony, and that it was on
Monday instead of on Sunday that the orders concerning the search for
the missing physician had been issued.
The case for the defense was practically closed on November 25th. Four
additional witnesses were introduced, to support the previous testimony
to the effect that O'Sullivan was at home on the night of the murder,
and Mertes, the milkman was recalled with a view of showing that the
version of what he saw on the night of May 4th in front of the Carlson
cottage, as given on the stand, was materially different from the story
he had told officers Rohan and Crowe two days after the body was found.
In behalf of Kunze, J. W. Fralick, a master painter, swore that the
defendant worked for him under the name of John Krogel, from April 20th
to June 20th, and that on May 4th he was doing work for him in a house
on 16th Street until after half past five o'clock in the evening. No
evidence was submitted however, tending to show Kunze's whereabouts
after that hour. Several witnesses were called to impeach the statement
of old man Carlson, that when Burke rented the cottage on March 20th he
went directly over to O'Sullivan's house and reported his success to the
iceman. According to their statements, O'Sullivan was engaged that day
in unloading several car-loads of ice at the freight depot of the
Chicago & Northwestern Railway some miles away.
THE STATE ON REBUTTAL.
The rebuttal evidence for the prosecution was now in order. Dr. Patrick
Curran was called for the purpose of showing that James Lyman, a veteran
member of Camp 20, had publicly stated that Dr. Cronin's death had been
ordered by the executive, but the defense protested so emphatically
against the admission of this testimony that Judge McConnell, after
mature deliberation, decided that it was not admissible. Bailey Dawson,
the veteran Chicago politician, whom Beggs claimed to have met in the
rotunda of the Grand Pacific Hotel on the night of May 4th, was put on
the stand and swore he was a patient in the Emergency Hospital on that
date, and that he did not reach the Grand Pacific Hotel until May 11th,
when he was introduced to Beggs by a mutual friend. This testimony was
corroborated by Col. A. C. Babcock. The story told by the Hylands was
torn to pieces by A. B. Anderson, a liveryman, from whose evidence
appeared that on the night they claimed to have visited Niemann's saloon
in company with O'Sullivan, the place was crowded with patrons. Niemann
also stated that so far as he could remember, he had never seen the
Hylands in his place. Numerous witnesses swore that Salzman, who had
been introduced by the defense to impeach Mrs. Hoertel, had a bad
reputation for truth and veracity, was utterly unworthy of belief, and
had no regard whatever for the sanctity of the oath. Numerous other
witnesses were introduced to disprove various statements that were made
in behalf of the prisoners.
CRONIN'S KNIVES FOUND.
One more sensation was to be added to the many startling developments of
the trial, in its last stages. There was no session of court on
November 27th, in order that the attorneys for the State might be
afforded an opportunity to arrange the order of their arguments, and, as
the following day, Thursday, was the day of National Thanksgiving, the
case went over until Friday morning, November 29th. On the afternoon of
Thursday, Barney Flynn, a detective in the employ of the city, and
connected with the Chicago Avenue Station, went to Chief Hubbard with a
remarkable story. Flynn was the man who arrested Coughlin, after the
latter had concluded his interview with Chief of Police Hubbard. He took
him to the armory police station and searched him in the presence of
Captain Bartram. Among the other things he found in Coughlin's pockets
were two pocket-knives and a revolver. These Flynn carried with him to
the central station and placed in his box for safe keeping, and, when, a
few months later, he was transferred to the Chicago Avenue Station, he
placed them in a vault which he rented in the Fidelity Bank. There they
had remained undisturbed ever since. When Chief Hubbard heard this
story, he ordered the knives to be produced without delay. The attorneys
for the State were advised of the facts, and T. T. Conklin, who was sent
for, unhesitatingly declared that both knives had been the property of
Dr. Cronin. Flynn was placed upon the stand after the noon recess on the
following day and told his story.
[Illustration: FLYNN.]
Mr. Conklin followed the detective, and the knives were handed to him by
Judge Longenecker. He glanced at the larger one, which was medium sized
and with a pearl handle, and unhesitatingly declared that he himself had
given it to Dr. Cronin about a year before. "I ought to know it," said
the witness, emphatically, "for I carried it myself for nearly two
years."
The smaller knife, a little bone handled affair, of rather a peculiar
shape, was also identified by Mr. Conklin, as one he had found on the
street about nine months before. He had carried it home and placed it on
the mantle, where Dr. Cronin had found it and appropriated it to his own
uses. Both of these knives the physician had been in the habit of
carrying in the right-hand pocket of his vest.
The cross-examination by Mr. Forrest was extremely light, the witness
being simply asked whether the knives were not of a very ordinary
pattern. The witness admitted that he would not swear they were the
identical knives that Dr. Cronin had carried, because there were many
like them in the market, but he was positive that they resembled them as
closely as they could do even to the number of the blades. On
re-examination by the State's Attorney, Conklin said that no such knives
were found at his house after Dr. Cronin had disappeared. Prior to this,
at the morning session of court, Barnard F. Carberry, a bright looking
young fellow, gave evidence concerning a visit he had made to Matt
Danahy's saloon on the evening of May 4th, which appeared to put an end
to the last vestige of Martin Burke's alibi. Lawyer Forrest was then
given another inning, and introduced a long string of witnesses to
counteract the evidence which the State had submitted on rebuttal.
[Illustration: THE KNIVES.]
Owing to the fact that the discovery of the knives had taken the defense
somewhat by surprise, it was permitted to sandwich its rebuttal
testimony in between the speeches. On December 2d August Loewenstein, a
brother of Jacob Loewenstein, Coughlin's former partner in the detective
business, testified that he had sold a pair of pants to Coughlin on the
27th of April, one week before the disappearance of Dr. Cronin. The
garment had to be altered, and while Coughlin was waiting for them, he
took out of the pockets of the old ones some keys and two knives which
he laid upon a chair. Witness particularly recollected these knives
because he had asked Coughlin to give him one of them, and he was
positive that the two knives which had been identified by Mr. Conklin
were the same he had seen in Coughlin's possession. Jacob Loewenstein
also swore, with emphasis, that he had seen Coughlin's knives on scores
of occasions when he was traveling beats with him, and was more than
positive that those which had been placed in evidence were the identical
ones his partner had owned for a long period. One of them in particular
he could tell by the way it was ground, from the color of the handle and
the general appearance. The point, he said, showed it had been ground on
the sandstone at the station, and, as a matter of fact, he had seen
Coughlin grind it that way when he was standing by and talking to him.
This evidence was not materially shaken on cross-examination.
State's Attorney Longenecker opened his address on Friday, November
29th, and spoke for four hours. He resumed on Saturday, November 30th,
and finally finished at three o'clock on the same day. Judge Wing then
commenced his appeal for Daniel Coughlin, speaking two hours on
Saturday, six hours on Monday, December 2d, and about one hour on
Tuesday, December 3d. George Ingham followed on behalf of the State,
speaking continuously through the day until five o'clock, when he
closed. Daniel Donahoe, on behalf of O'Sullivan and Kunze, spoke from
ten A. M. to five P. M. on Wednesday, December 4th. Mr. W. J. Hynes, who
was Dr. Cronin's intimate friend during his lifetime, occupied the whole
of Thursday, December 5th, and a portion of Friday, December 6th, with a
royal tribute to the memory of the murdered patriot, and a grouping of
the facts of the conspiracy. Mr. Foster, on behalf of Beggs, and Mr.
Forrest, for the other defendants, followed in their turn. Luther Laflin
Mills had been selected to make the closing address, but a sudden attack
of illness, which confined him to his room, necessitated a change in the
programme, and State's Attorney Longenecker, on Dec. 13, brought the
speech-making portion of the trial to a close.
[Illustration: J. M. LONGENECKER, STATE'S ATTORNEY.]