AN APPEAL FOR JUSTICE.

"And, gentlemen, if, after hearing this evidence, you are satisfied that Dr. Cronin was murdered; if you are satisfied from the evidence that this thing has been deliberated upon from the 8th day of February, or from the 19th of April, when they rented the flat on Clark street, and all those deliberations to take away the life of this man Cronin; the appointment of a secret committee; the attempt to make it appear that the society was trying this man as a disguise to those who might not approve of such work; all these things, if they are proved to you; if it appears in evidence that this great deliberation was had, that this great conspiracy was concocted as we claim, that this man's life was taken away, as we shall prove--if all this satisfies your minds, then your duty will be plain, then you can give the correct answer to the question as to whether you have conscientious scruples against the death penalty. Gentlemen, we will present this evidence as rapidly as possible, but I trust you will be patient with us in this case. It is a matter that concerns the people as well as the defendants. We will present it as rapidly as we can, consistent with doing our duty; and when you have heard this evidence, if you are not satisfied that Dr. Cronin was murdered; if you are not satisfied that these men, whether present at the killing of the doctor, or whether only present in the conspiracy; if you are not satisfied that they are guilty of the charge, then, of course, turn them loose. But if this evidence shows this deep laid conspiracy; shows its premeditation; shows the coolness with which they planned it; if it convinces your minds beyond a reasonable doubt that they are guilty, then your duty is claimed to inflict upon them the highest penalty of the law."

[Ill.u.s.tration: John Kunze. John F. Beggs. Daniel Coughlin. Patrick O'Sullivan. Martin Burke.

THE FIVE DEFENDANTS IN COURT.]

CHAPTER XXI.

EVIDENCE FOR THE STATE--THE STORY OF THE CRIME RE-TOLD--A LONG LINE OF WITNESSES--SENSATIONAL DISCLOSURES AND MISSING LINKS SUPPLIED--A MASTERLY GROUPING OF THE TESTIMONY AGAINST THE PRISONERS.

Just as soon as the State's Attorney had resumed his seat, and the announcement had been made that the defense would postpone its reply until the end of the trial, the task of examining the witnesses was commenced. Report had it that the defense would contend that the body dragged from the catch basin had not been satisfactorily identified as that of Dr. Cronin's, and so the prosecution at once set out to prove the corpus _delicti_. A large array of witnesses, including ex-Captain Francisco Villiers, James Boland, Mrs. Conklin, James P. Holland, a reporter; H. F. Wisch, the barber; Stephen Conley, who had identified the body by the front teeth; Maurice Morris, by the Agnus Dei; and Joseph O'Byrne, by the broken finger of the right hand, were examined on this point and gave conclusive testimony. The story of the discovery of the body was next retold, and the medical men who had examined the corpse testified regarding its condition and the marks of violence which appeared upon the head and other portions of the body. There was a dramatic scene on the second day at the conclusion of the examination of Dr. D. G. Moore, who had a.s.sisted in the autopsy. It was developed in the course of the cross-examination that he had, but a few hours before, read the newspaper reports of Dr. Egbert's testimony of the previous day upon the same points. Thereupon Mr. Forrest demanded that the entire testimony be stricken from the record.

A DRAMATIC SCENE.

Judge McConnell, to the amazement of nearly everybody in the room, sustained the motion. A dramatic scene followed, and suppressed exclamations of surprise burst from the audience. Mr. Forrest, with a triumphant smile, walked hurriedly past his a.s.sociates and sipped a gla.s.s of water. For an instant the public prosecutors were dumbfounded.

Mr. Hynes was the first to contest the ruling. His face was crimson with excitement as he drew his ma.s.sive form above the table at which he was sitting and in a loud voice declared that if such an unprecedented ruling were followed, the trial might just as well stop then and there.

Raising his arm so that his clinched fist was on a level with the bar of the court, Mr. Hynes challenged Judge McConnell to show authorities to sustain such a ruling. Beside the big lawyer was Luther Laflin Mills, pale with emotion. Almost before Mr. Hynes had finished his thundering attack, the clear, resonant voice of Mr. Mills arose above the noise of the street and the mumbling of the auditors. He, too, declared that it was time to stop the case if the testimony of the rest of the State's witnesses was to be excluded for the reason that they had read the testimony of witnesses who had preceded them on the stand. State's Attorney Longenecker nervously watched the fight being waged by his a.s.sociates. Hurrying down the center aisle were Mr. Ingham and Mr.

Scanlan, who were on their way to the State's Attorney's office for authorities. Judge McConnell sat in his chair with his head in his hand.

Before him were Mr. Hynes and Mr. Mills, the first red and valiant in attack, the other almost startling in his pallor. The prisoners leaned forward and watched the struggle with intense interest. The prosecutors had scarcely resumed their seats to watch the effect of their first volley, when Mr. Forrest arose and intimated that Dr. Moore had been called at the eleventh hour to patch up the holes in the testimony of a.s.sistant County Physician Egbert. This was a taunt that brought Mr.

Hynes and Mr. Mills to their feet again and called forth a censure from the court. Judge McConnell, speaking in a low voice, then said that if such a ruling was enforced in its spirit there would be no reason for continuing the case, but he did not contemplate such a course. Mr.

Hynes, seeing that the court was retreating, now leaped to his feet, and with a burst of rhetoric that came very near provoking applause in the benches declared that with such a ruling as that delivered from the bench, the testimony of honorable men who would appear for the State, and who could not be influenced by newspaper reports would be excluded, while the testimony of perjurers who would swear that they had not read the newspaper accounts of the trial would go on record. As the big lawyer sat down, Mr. Ingham and Mr. Scanlan returned with law books piled high upon their arms. But the battle was now over, and the prosecution had won. With much deliberation and a gratuitous encomium on the press for its enterprise and influence, Judge McConnell reversed his previous decision, and ruled that the testimony of witnesses who had read the newspaper reports of the testimony of other witnesses was competent, and that it must be admitted.

Liveryman Dinan, who was put on the stand after this episode, repeated his former statements regarding the hiring of the white horse and buggy by Coughlin, and added, as something new, that, after he had unbosomed himself to Captain Schaack, the detective, meeting him on the street, had remarked to him: "I'd hate to trust you with anything; you're a clear case of weakener."

INSIDE OF CAMP TWENTY.

The inside history of the now famous Camp 20 was next taken up, and numerous witnesses were called to testify regarding its inner workings.

Among them were Junior Warden Michael J. Kelley, Recording Secretary John F. O'Connor, Andrew Foy, Patrick J. Ford and Stephen Colleran.

By these witnesses it was sought to show that over two months before the murder of the physician a secret committee had been appointed by Senior Guardian Beggs, on the motion of Coughlin, to investigate the charge that Dr. Cronin had read, in another camp, a circular antagonistic to the triangle, and that this committee had been ordered to report to the Senior Guardian alone.

This was the story as it had been related to Grand Jury, but on the stand most of the witnesses resorted to all manner of strategy to hamper the prosecution, and even the most inconsequential details of the doings of the camp had to be wrung from them. Colleran admitted, on being closely pressed, that he had seen Coughlin and Burke together in the central part of the city about the time that the plot to murder Dr.

Cronin was reaching its maturity, and he also gave conclusive evidence regarding the intimacy of c.o.o.ney "The Fox," with Coughlin and Burke.

No inclination to suppress the facts, however, was manifested by Thomas F. O'Connor, when he took the stand. This intrepid Irishman, who had been a member of the Clan-na-Gael for twenty-four years, was a captain in the organization, as well as a Fenian captain, and who had, moreover, distinguished himself as a staunch supporter of Dr. Cronin in the latter's merciless war upon the triangle, told his story without reserve. He said that at the meeting of Camp 20, on February 8th, Andrew Foy, in a speech, had declared that if there were yet four British spies in the Clan-na-Gael organization, as Le Caron had sworn before the Parnell Commission in London, the order ought to be destroyed at once.

To this the witness, arising and facing Senior Guardian Beggs, replied that the camps should look to the triangle for traitors, as he was possessed of positive information that Le Caron was the agent of that body. A scene of wild confusion ensued, a score of members leaping to their feet and demanding the source of Captain O'Connor's information.

This he refused to give unless it was insisted upon by Beggs. While the uproar was at its height, a motion was made by Coughlin that a secret committee be appointed to investigate the source of O'Connor's information, which was generally understood to be Dr. Cronin's camp.

There was no doubt but that this committee was appointed, for another witness, Dennis O'Connor, who had been in the Clan-na-Gael order for twenty-one years, testified that at a meeting on May 3d, he had heard somebody ask the Senior Guardian if "that secret committee had reported," although he could not recollect the reply. This deficiency of memory was supplied by the next witness, Financial Secretary Patrick Henry Nolan, who had heard Beggs reply that the committee would report to him alone.

Nolan had also met Burke and c.o.o.ney at a saloon on the day following the murder and noticed that both were well supplied with funds. There was a straining of necks in the Court room when the name of Patrick McGarry was called, and the athletic opponent of the triangle stalked past the jurors and up the steps leading to the witness stand. He was asked what he had said in Camp 20 when he made his bitter attack on the triangle and turning his honest face toward the jurors below, he replied:

"I referred to the unity that ought so exist among members of the organization and the members of the Irish race altogether, and the other gentleman had referred to it also. It was about the time that Le Caron had testified before the forgery commission in England and had referred to spies getting into the organization, and the other gentleman had referred to Irishmen coming to this country and the coming American citizens ought to educate their children, educate them first in the principles of American const.i.tution, also educate them to have a love for their forefathers' home, as there was nothing in the Irish race--nothing in Irish history--that Irishmen ought to be ashamed of in America. I said it was all very well to talk of unity and I wanted to see unity among the Irish people, but there could not be unity while members of this organization would meet in back alleys and in dark corners and villify and abuse the man who had the courage to stand out and take traitorism and robbery by the throat and strangle it. I said I was raising children and educating children, and as long as G.o.d allowed me to be over them I would educate them first as Americans and also educate them that if ever there should come an opportunity to strike a blow for Ireland's freedom they should do so. I said they could not be too particular about getting members in the organization, and that I had been investigating Le Caron's record, and I said there were men in this organization that were worse than Le Caron. I said that the man who gave Le Caron his credentials to go into the convention was a greater scoundrel than ever Le Caron could pretend to be. I said I had found out that Le Caron's camp did not exist in two years, did not have a meeting in two years, that the junior guardian given in the directory had not been in the town of Braidwood for over two years. I stated they must have known that such a camp did not exist only on paper. That was about the substance of my remarks."

A roar of applause, which the bailiffs vainly endeavored to suppress, came from the audience, as McGarry concluded.

"Did John F. Beggs make a speech in reply to yours" asked the State's Attorney.

"Yes" was the reply. "Beggs said that the visiting members should not be coming in there violating the hospitality of that camp, and that it would have to be stopped. He said that it was not right; that it was cowardly. I wanted to interrupt him, but the presiding officer, the chairman at the time, would not let me. I wanted to interrupt him when he used the word cowardly. He said they came in there attacking Alexander Sullivan, and it was cowardly to attack any one behind his back. Why did they not say so to his face if they had anything to say? He said Alexander Sullivan had strong friends in the camp, and he slapped his breast, and said, "I am one of them." That was about all that pa.s.sed. I wanted to get the floor to reply to him, and I did get the floor afterward. I said the gentleman had said it was cowardly. I wanted him to understand that I was no coward; that I would tell Alexander Sullivan, either there or anywhere else, what my opinion of him was, and every man who knew me knew what that was. I said, 'Why did you mention Alexander Sullivan's name? I have not mentioned it. I have not heard it mentioned here till the senior guardian of this camp mentioned it here.' I stated and I repeated that the man who gave Le Caron his credentials was a greater scoundrel than ever Le Caron pretended to be. That was all I said, and I should not have mentioned his name only it was brought out. I should say, that when Beggs said that Alexander Sullivan had stout friends in this camp and that he was one of them, he also said that he (Beggs) was for union and unity among the Irish people if it took war to make it."

The witness went on to tell how, when he heard that Dr. Cronin was missing, he had gone to O'Sullivan's house, and, in the presence of several witnesses, told him that his a.s.sociation with the mystery looked suspicious. One of the men suggested that perhaps the Ancient Order of Deputies had made away with the missing man, but McGarry replied that the crime was much nearer home, and that it would be found that his own race had killed him. When the reference was made to the Deputies, McGarry, suddenly turning his head, had seen O'Sullivan make a grimace as a sort of admonition to the other man to say nothing more. In concluding his testimony the witness told how Dr. Cronin, some time before his death, had been called to attend the supposed victim of a serious accident. He went up a flight of stairs, but upon entering the room, did not like the appearance of the man in the bed and with the remark, "My G.o.d, did you bring me here to murder me," went down the stairs several steps at a time.

THE b.l.o.o.d.y TRUNK PRODUCED.

Additional evidence was submitted to prove that neither Coughlin nor Beggs had entertained any kindly feeling toward the physician in his lifetime, but that on the contrary, they hated him with all the intensity of their strong natures. It was shown, for instance, that in saloons on the North Side of the city, not only Beggs and Coughlin, but also O'Sullivan, had repeatedly denounced Dr. Cronin in the most vituperative language, and that Coughlin in particular had remarked little more than a month before the murder that, "a prominent North Side Catholic would be done up if he could not keep his mouth shut." The attempt was made on cross-examination to show that the man to whom this language had reference, was John F. Finerty, the noted Irish orator and editor, but on this question the witnesses disagreed. As a matter of fact Mr. Finerty lived on the south side of the city. From this point the purchase of the furniture and trunk for the Clark Street flat, and which was afterward removed to the Carlson cottage, was taken up.

Hatfield, the salesman, repeated the testimony which he had given before the coroner's jury. The trunk itself, with the stains of Dr. Cronin's blood plainly visible on the outside was offered in evidence. So was the batting saturated with the life blood of the physician, and which was found in its interior when it was first discovered in the Lake View ditch. Cross-examination of the salesman failed to shake his opinion that the goods found in the cottage were those he had sold to the much-wanted "Simonds." Branching off, the prosecution took up the threats that had been made against the physician at different times prior to his murder, and "Major" Sampson, an individual not unknown in the criminal history of Chicago, told how he had been approached by Coughlin, who had asked him to meet Dr. Cronin some night and give him an "infernal good licking." Coughlin had also suggested that he might take another man with him in order that the job might be the more complete. Instead of complying with the request however, Sampson had gone to Dr. Cronin and acquainted him with the fact that he was in peril. The renting of the cottage was gone into detail. Mrs. Carlson told her story, and when she had finished, Mr. Mills turning his face toward the line of prisoners, asked the witness if she could recognize in the great audience before her, the face of Frank Williams. The silence was oppressive as the woman's eyes rested upon the prisoners.

THRILLING SCENES IN COURT.

"Do you see the man?" asked Mr. Mills, in an emphatic tone.

"Yes sir," replied the witness.

"Where is he?"

Mrs. Carlson leveled the index finger of her gloved hand at Burke. The latter chewed viciously at his tobacco and his eyes rolled wildly. The other prisoners did not dare to look at their companion. The witness went on to tell why it was certain that she had made no mistake in her identification. She knew Burke by his restless eyes, by his mouth, by the general contour of his face. Burke turned pale as the terrible ordeal proceeded. Dramatic in the extreme was the identification of Burke by old man Carlson. When asked to pick out Frank Williams from the hundred of faces that were turned toward him, he glanced about earnestly, but did not utter a word. The request was repeated, and again the old man scanned the audience without discovering the face.

Burke, his countenance rigid with determination, sat with his frightened eyes riveted upon the witness. Carlson was asked to leave his chair and walk among the people below him. Taking his soft hat in his hand, he walked slowly past the jurors and the lawyers. His eyes were fastened upon the prisoners. He began with Beggs. Then his gaze pa.s.sed from Coughlin to O'Sullivan and thence to Burke. The two men were but a few feet apart. With a grunt of satisfaction Carlson shook his old hat at the pale-faced prisoner.

"Is he the Frank Williams you saw?" asked Mr. Mills.

"Yes, sir," was the emphatic reply, and the painful silence which had prevailed in the court-room was broken by a prolonged buzz.

It was Coughlin's turn to turn pale when John C. Garrity was placed upon the stand. This witness told how on one occasion Coughlin had asked him if Sampson could be got to do a piece of work. When asked what it was, he replied that he wanted to have a certain fellow "slugged." Garrity asked what he wanted done to him, and Coughlin replied that he wanted a man to get a club and break his nose and knock his teeth out or disfigure him for life. Mortensen, the expressman, forged another link in the evidence by positively identifying Burke as the man who had hired him to cart the furniture to the cottage. When the witness pointed directly at Burke, the latter showed more anger than at any time during the trial. His face was flushed, his jaws set, and he glared savagely at the Swede. Edward Spelman, of Peoria, Illinois, the district officer of the Clan-na-gael, was another witness, but his memory was exceedingly treacherous. In fact, he could not remember any of the circ.u.mstances to which he had testified before the Grand Jury, and it turned out that, in the interval, he had visited the office of, and conferred with, Alexander Sullivan. The only fact of importance to which he testified was that he had seen Coughlin and Kunze together in Peoria, and that they appeared to be very intimate. The witness admitted that the following correspondence had pa.s.sed between himself and Beggs:

"CHICAGO,

Feb. 16, 1889.

"MY DEAR SIR AND BROTHER: I am directed to call your attention to the following subjects: First, it is charged that the S. G. of the Columbus Club (Dr. Cronin's camp) at a recent meeting read to the a.s.sembled members the proceedings of the Trial Committee. Second, I am directed to enter the protest of Camp No. 20 against the D.'s in Chicago electing or initiating men until their names are presented to D. No. 20 and the other D.'s for their consideration. The old rule by communication has become a dead letter since the formation of the Central Council, and I am informed that said council has not held a legal meeting since its formation. Good discipline calls for an investigation of the foregoing, which I feel you will attend to. Fraternally yours,

"Don't forget our reunion February, 22."

"J. F. BEGGS, S. G., D. 20."

"PEORIA, ILL., Feb. 17, 1889.

"FRIEND BEGGS: Yours of yesterday to hand and contents carefully noted. Will you kindly refer me to that section of our law where I am empowered to inflict a penalty on an S. G. for disclosing the proceedings of a Trial Committee? Under the const.i.tution I called the S. G. and J. G. together [meaning Senior Guardian and Junior Guardian] for the purpose of forming a council. If they fail to perform their duty I would like to know how I can remedy the evil you complain of. While I admit that no person should be admitted in Chicago unless his proposition should come before the council or the D.'s in your city, on accepting the position of the D. O.

[District Officer], I felt that I should be able in my own way to effect a reconciliation of our people in Chicago. But I must confess to you that I am greatly disappointed. My position is this: That if any person who is a member should violate the law, he should be tried as provided by our const.i.tution. What is the fact?