Owing to the fact that the discovery of the knives had taken the defense somewhat by surprise, it was permitted to sandwich its reb.u.t.tal 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 Sat.u.r.day, 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 Sat.u.r.day, 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.

[Ill.u.s.tration: J. M. LONGENECKER, STATE'S ATTORNEY.]

CHAPTER XXIII.

OPENING FOR THE STATE.--THE EVIDENCE REVIEWED--A MASTERLY ARGUMENT BY STATE'S ATTORNEY LONGENECKER--TRACING THE PLOT FROM ITS INCEPTION TO THE MURDER--AN APPEAL FOR JUSTICE--ARGUMENTS FOR THE DEFENSE--DONAHOE, WING, FOSTER AND FORREST MAKE THEIR FINAL PLEAS FOR THE PRISONERS, AND INGHAM, HYNES AND LONGENECKER CLOSE FOR THE STATE.

State's Attorney Longenecker was on his feet the moment the witness had left the stand. It was apparent that the State was determined to push the remainder of the proceedings with all possible speed. The prisoners looked anxious; the vast audience expectant.

"You may proceed," said Judge McConnell, and clearing his throat, the State's Attorney commenced a memorable address.

He spoke as follows:

"If the Court please, Gentlemen of the Jury, I want to talk to you about this case, about the evidence which you have been hearing from the witnesses. I shall not attempt to talk to any one except you twelve men, because you are now interested in the case and it is your duty to come to a correct conclusion. The responsibility rests upon you after we have done our work. I have no doubt that you twelve men are competent to render such a verdict in this case as will meet the demands of the law. I have no doubt that you are prepared on this evidence to render such a verdict as the evidence warrants you in rendering. Now, I say to you this, that I shall confine myself to the evidence in the case. My a.s.sociates will attend to the arguments and make the speeches. I want now to express my feeling of grat.i.tude to you for your patience during the hearing of the evidence. It is due to you, gentlemen; it is a sacrifice that you, I hope, will never be called upon to make again. To be taken from your homes and be shut up for weeks and months is no little sacrifice. You have had reason, perhaps, to complain of us; you have had reason to complain because of the slowness of the case; and yet, after all, we felt it our duty to do what we have done. We felt that we could not in any way shorten the proceedings and yet do justice to the case. I hope that none of you will harbor any feeling against any one in this case on account of delays.

"Again, gentlemen, you are twelve men here listening from day to day to the evidence; this case has strung out from day to day and from week to week, until it has become a great case. It has become a noted case to you--a case that you will never forget. It has grown as the days have pa.s.sed by. Very often jurors, courts and lawyers, when a case grows and there is evidence piling up, forget that it requires some evidence to reach a conclusion, more of it than if it was a small case. Do not be led into this error of determining what you shall do. The evidence of conspiracy is the same for a small offense as it is for a great offense. The evidence of conspiracy to obtain dollars and cents from you or me or any one else must be just as strong, although it only takes two hours to try the case, as if you are trying men for murder. What I am trying to have you understand is this: that because it has been so long and has grown so large, you must not think that it requires more evidence on that account. If the evidence convinces you of the guilt of these men, then it matters not whether there are five men or ten men on trial or only one man. The evidence necessary to convince you beyond a doubt of the guilt of the men on trial should be just as strong as if there were twenty men on trial. The law is always just. It is made to protect the innocent as well as punish the guilty.

"After you have heard the arguments from counsel on both sides, having heard the evidence and instructions of the Court, you will go into your room and make up your verdict and bear in mind that the law itself is just; if the law compels you to inflict a penalty here that you do not like to inflict, remember that you are not to blame and the law is not to blame; it is the men who have violated the law. What I say to you in this case is from a feeling that we wish to get at the truth; what I say will be said with a view of getting at a truthful verdict and nothing else. I have no feeling against these men on trial personally. Why should I stand up here and ask you to convict Martin Burke, Daniel Coughlin, Patrick O'Sullivan, John F. Beggs and John Kunze unless I believe the evidence justified me in asking you to do it? If I should at this moment ask you twelve men to convict them upon anything else but the evidence, I would not be fit to fill the position that I now occupy. We do not desire that these men shall be 'guessed' guilty.

We do not desire that they shall be convicted upon doubtful evidence. We do not desire that they shall be convicted upon anything except the law and the evidence in the case; but if you do believe that that law and that evidence satisfies your mind of their guilt, then we do demand at your hands that your verdict shall be in accordance with the law and the evidence, and nothing short of a truthful verdict under the law and the evidence will meet the demands of this case, whether the verdict be to acquit the defendants or whether it be to convict the defendants; with that verdict the people represented by myself and my a.s.sociates must be content."

REVIEWING THE EVIDENCE.

"Now, gentlemen, as I said, we want to talk about the evidence in the case. I will do it as hastily as possible, bearing in mind at the same time that it is necessary that it be presented to you in such a way as you will see the chain that has been forged from day to day in this case, and so that you may be enabled from this evidence to come to a correct conclusion. I shall not attempt to go over all the evidence, that is all the details, because I apprehend that you men have watched this evidence as closely as I have; but what I intend to say to you regarding the evidence will be such as I think should be mentioned to enable you to come to a correct conclusion, and I will leave pieces of evidence here and there to be remembered by yourselves.

"Again, gentlemen, if I should misstate this evidence, I hope that the attorneys for the defense will call my attention to it; and I hope it will not be charged that I am trying to take any unfair advantage of these men who are upon trial for their lives. As I said to you in my opening of this case, we contend that the murder of Patrick Henry Cronin was brought about by a conspiracy. We claim that it was acted upon and executed. And that these men on trial are parties to the conspiracy, together with others who are not on trial. That is our position. We further claim that it was a cold-blooded conspiracy; a conspiracy that is without parallel, coldly and deliberately planned; a conspiracy that, as we understand it from the evidence, would chill the blood in the warmest heart; a conspiracy that is most terrible in its effects.

If such a conspiracy as this has existed, as we know it has existed, and if the murder has been the result of such a conspiracy as this, then it follows that it must have been planned for weeks and weeks before its execution; and if that be true, then, gentlemen, you must notice the line of evidence in the case in order to come to a correct conclusion. A conspiracy always originates somewhere; one man can not conspire, two men may conspire; oftener three men conspire, and it is easier to commit a crime where two men are engaged in working it out in different ways, engaged in bringing about in different ways the same results, than where the same object is aimed to be accomplished by one man.

Now, it is not necessary, as the Court will instruct you, that we prove that the parties got together and talked the matter over and arranged it; that is not necessary; the law does not require that; we don't need to prove that they ever came together. If that was so it would be very seldom that a prosecutor could obtain a conviction in a conspiracy case. Remember this is a charge of murder, brought about by a conspiracy, and we claim that this evidence shows conclusively that a conspiracy was concocted by these defendants on trial. Let us see where we go to start in. Where do we learn of this conspiracy first?"

CAMP 20'S MYSTERIOUS MEETINGS.

"You remember that there is a Camp 20 in this city. It is proven here that the Clan-na-Gael organization has a camp called Camp 20, also named Columbia Club; that they met in North Side Turner Hall, and that before the date of which I now intend to speak there had been a division in this organization, and that the two factions had united, after which the numbers had been changed, so that this Camp 96 had become Camp 20. I will also ask you to remember that before this reunion of these two organizations, or these two factions of the organization, a trial committee was appointed to try the ex-executive body of this organization; that this ex-executive was to be tried by a committee to be selected at a convention that met in this city last year in the month of June. You will remember that Dr. P. H. Cronin was one of the members appointed on that trial committee, and that after that trial committee had acted, the two factions were united and the camps were renumbered. I speak of that, and I want you to bear it in mind, that Dr. Cronin was on that committee, and that it was shown that there were three men called trianglers who were being tried by the committee of which Dr. Cronin was a member. Now we will stop there, and go to this Camp 20, on the 8th day of February. You go into that camp. We call the secretary here, John F. O'Connor, and he testifies that on that occasion, the night of the 8th of February, one Andrew Foy made a speech. O'Connor can not remember what Foy said, but he tells you that there were resolutions pa.s.sed, and that he does recollect that Thomas F. O'Connor made a speech there. He tells you that Thomas F.

O'Connor had charged that a certain report of the trial committee, this trial committee to which I have already called your attention, and of which Dr. Cronin was a member, was read in another camp.

Secretary O'Connor tells you that Thomas F. O'Connor said he had heard the report of that trial committee read. That is about all that this man could remember, except that some one jumped up and demanded to know how it was that some camps had got the reports of this trial committee before others. He did not pretend to know what Foy had said in his speech, but he did recollect that some resolution was pa.s.sed in regard to the matter.

"We next called Andrew J. Foy. Andrew J. Foy testifies here that he did make a speech; that he did say that he understood there were parties getting into the camp who were other Le Carons; that there were other Le Carons in this country; that there were spies in this country and in the organization. He admits that in his testimony, and he further said that they ought to be more careful in admitting members into the organization and not to admit parties of this kind into the organization. Then it was that Thomas F. O'Connor made his speech and said they had better look after the ex-executive if they wanted to find out the traitors who had been squandering the funds of the order and sending honest, patriotic men to English prisons.

And thereupon you are told four or five men jumped to their feet and a motion or suggestion was made to have a secret committee appointed. What for? [State's Attorney Longenecker paused when he asked this question and for a moment gazed silently and earnestly into the jurors' faces.] What for?" he repeated. "Not to get a report of the trial committee, not to find out what it was that was contained in this report, but to see why this report was made in this other camp and who it was had made it. We called Michael J.

Kelly, another member of that organization, a junior guardian in Camp 20, and what does he say? You must remember that these three witnesses were not what might be called willing witnesses. These three witnesses that were first called here upon the stand were unwilling witnesses for the people; but we called them. We called Michael Kelly to the stand, and he remembers that a speech was made by Foy, and he remembered that Thomas F. O'Connor made a speech, and that Le Caron's name perhaps was mentioned, but he does not remember much about it. He does tell you, however, that Thomas F.

O'Connor stated that he had heard Dr. Cronin read that report in his, Dr. Cronin's, camp. That is about all we got out of him. We then called to the stand Anthony J. Ford, who was very fair in the witness stand, and he goes on and tells you that Andrew Foy made a speech, but he does not remember very much about Foy's speech. He also remembers that Thomas F. O'Connor made a speech in reply to that, and he tells you here in reference to that matter. We called Stephen Colleran here, a friend of Burke's, and he remembered and tells you that he heard some remarks made by Andrew Foy, and he also heard the speech made by Thomas O'Connor, and he recollects that three or four talked of the appointment of a committee to investigate the matter alluded to in O'Connor's speech, but whether it was a secret committee or not he does not remember."

PURPOSE OF THE SECRET COMMITTEE.

"You will bear that in mind in regard to Colleran, because I shall not go into details with his evidence on this particular point, as he touches another line of evidence in the case. Then Denis O'Connor was called here, who says that he has belonged to the order for fifteen or sixteen years, and he testifies that it was charged in Camp 20, at that meeting to which I have referred, that Dr. Cronin had read a report of the trial committee; he says Foy had made a speech, that Captain O'Connor had replied to him in another speech, and that he understood that a committee was appointed. What for?" again exclaimed the State's Attorney, with considerable emphasis. "To go up to visit Dr. Cronin's camp, he says, for the purpose of ascertaining why he read this report in his, Dr. Cronin's, camp. That we find in the record, gentlemen, there is no dispute on that point. You will remember that these men swear to that fact, men who were not willing witnesses for the prosecution; they swear that they understood it was to investigate Dr. Cronin and his camp as to why he in that camp had read a report of that committee before which the charges had been tried before the ex-executive body. That is from the mouth of Denis O'Connor.

But he tells you that he did not understand it to be a secret committee, but we called other witnesses on this same point."

Mr. Foster at this point broke in with an interruption. He called the State's Attorney's attention to the fact that the record will show that Denis O'Connor had not said that the committee had been appointed to investigate why the report had been read, but to find out if a minority report had been read there, and, if so, what it was.

State's Attorney Longenecker a.s.serted that he was correct in his statement of the evidence. Mr. Foster, no doubt, on cross-examination had made a speech to Denis O'Connor, and asked him if that was not so, and Denis said yes; but he had stated directly the testimony of the witness on direct examination. "After Denis O'Connor testified," continued State's Attorney Longenecker, "we called to the stand Henry Owen O'Connor. He testifies that he was there, and heard a discussion between Captain O'Connor and Foy, and he tells you that there was something said about a committee, and that he offered an amendment thereto. We have the resolution read here before you by the secretary. Henry Owen O'Connor says, however, that he left soon after, and he did not know that a committee had been appointed until afterward. I shall speak of the evidence of this witness in relation to another matter, and to other meetings, later on. I shall now read to you the evidence of the next witness whom we called in the case, Thomas F. O'Connor."

The State's Attorney then read the evidence of Thomas F. O'Connor, as already published, relating to a speech made by Andrew Foy in Camp 20 on the night of February 6, and his reply thereto, in which he had made the now famous a.s.sertion that he had heard the report of the Buffalo trial committee, and that he knew that the ex-executive had squandered the funds of the organization and sent its members to prison, and finally Coughlin's motion to appoint a secret committee to investigate the reading of the report in Cronin's camp.

THE MEETING OF FEB. 8.

The State's Attorney, resuming, said: "The next man we called to the stand was John Collins. He, too, tells you that he remembers Foy's speech and O'Connor's speech, and that a secret committee was ordered appointed. On that point, gentlemen, we have ten witnesses, all of whom have testified in regard to the call for the appointment of a secret committee on the night of Feb. 8. That was the night when this conspiracy began. Remember that Foy had made his speech claiming that there were spies in the order, and charging that there were other Le Carons in the country. Following that O'Connor had made his speech on the other side, the two factions had met. Thomas O'Connor had stated that the ex-executive body had squandered the funds, that they had put patriotic men behind prison bars, and that the camp had better give their attention to the executive body than to any statements regarding spies or Le Carons in the country. Denis O'Connor, Kelly, Ford and others all agree in telling you that it was in Dr. Cronin's camp, or in reference to Dr. Cronin's camp, that these remarks had been made."

The State's Attorney then called the attention of the jurors to the resolution pa.s.sed on that occasion, and which had been read by the secretary from the witness-stand. He also called attention to the amendment proposed by Henry F. O'Connor to that resolution. The motion called for an imperative demand for action by the district officer, and the amendment was that the district officer's attention be called to it and asking for instructions. The State's Attorney, continuing, said, he would wish to direct the attention of the jury to the evidence bearing upon the utterances of Patrick O'Sullivan, a member of the Lake View camp.

They had it on the testimony of A. J. Ford that Patrick O'Sullivan had charged that in Lake View they were taking in deputies. He had charged that they had taken in men who belonged to what was called the Union Order of Deputies, and in statements made that night in Camp 20 to the same effect. Mr. Ford and others had given Patrick O'Sullivan as authority on that subject. It was in evidence here that Dr. Cronin had organized a camp in Lake View, to which this man, O'Sullivan, also belonged, and in the organization of which he had taken part; there was no evidence here that any other camp was organized in Lake View except the Washington Literary Society, and this was the camp, Cronin's camp, into which Patrick O'Sullivan had charged that members of the United Order of Deputies were being admitted. It was upon this statement of O'Sullivan's that Ford's speech was founded, and that he made this statement that he feared the organization would be broken up.

Mr. Longenecker then alluded to and read the resolution pa.s.sed on this subject.

"Now," continued the State's Attorney, "Captain O'Connor has taken the stand here--and the defense did not dare to cross-examine Captain O'Connor upon that proposition--and swore that the motion to appoint a secret committee was made by Daniel Coughlin. The defense did not dare to put a witness upon the stand to swear that that motion was made by any other person than Daniel Coughlin, and that statement stands here uncontradicted. He swears that Daniel Coughlin arose and moved that a secret committee be appointed. Now, in all organizations where a committee is moved, the mover is made chairman of the committee. If any of you ever belonged to an organization, and if you ever do belong to an organization, you will know that when a motion is made for the appointment of a committee, if the man in the chair understands parliamentary rules, he makes the mover for a committee chairman of the committee. Bear that in mind. In this case Captain O'Connor says that Dan Coughlin moved that this secret committee be appointed and that Thomas Murphy, who did not dare take the stand, seconded that motion.

Thomas Murphy, you will remember, gentlemen, is the treasurer of the organization. Daniel Coughlin moved, and it was seconded, that a committee of two or three be appointed by the senior guardian to investigate this statement of Captain F. O'Connor. Why was this investigating committee appointed? Denis O'Connor and others tell you that it was known at the time that Dr. Cronin was the man who had read the report of that trial committee. They all knew that Cronin had acted as a member of that committee, they knew he had a separate report, the minority report; that he had condemned this executive body; that he had charged the funds of the organization had been squandered; then, for what purpose, I ask again, was the appointment of this committee proposed?"

The State's Attorney again impressed upon the jury the fact that Daniel Coughlin had for years been a personal enemy of Dr. Cronin, the man whom it was proposed to investigate, and that this same Coughlin, who so hated Cronin, was the man who had called for the appointment of a secret committee to find out just what it was admitted they all knew at the time. It had been claimed by counsel for the defense, and it no doubt would be claimed that this committee was not appointed to try Dr. Cronin.

THE MURDER OF DR. CRONIN.

"Of course they were not appointed to try him, gentlemen,"

exclaimed Mr. Longenecker, vehemently, "and they never did try him, for they never gave him a chance for his life. We don't contend they even went through the formality of a trial, but that this committee was appointed; that it acted; and that the result of its action was the removal of Dr. Cronin, we have no doubt. Now gentlemen," continued the State's Attorney, "the learned counsel who has more exceptions, and 'I object,' and 'wait a minute' in the record than he has evidence of the innocence of his clients, said that I was very tenacious about dates. I am. He called your attention to the fact that I had stated in my opening speech that dates would cut a figure in this case. They will. This was on the 8th day of February that this committee was ordered, and this, mark you, on the motion of a man who was an enemy of Dr. Cronin. The records, as shown by Patrick Henry O'Connor, show that Martin Burke was there, Patrick c.o.o.ney was there, John F. Beggs was there, and all these defendants on trial except P. O'Sullivan and Kunze. The record shows that. And now, before I forget it, remember, because I don't want to neglect defendant Kunze in this case, remember that if a conspiracy has been organized to do a certain thing--if there is a conspiracy to do a certain crime--whoever shall have joined that conspiracy has become a party to it, and they are bound by the acts committed prior to their joining the conspiracy and are involved in it as much going in the last hour as if they went in the first hour."

HISTORY OF THE CONSPIRACY.

"Now on this occasion, on the 8th day of February, we have Martin Burke, Daniel Coughlin, John F. Beggs, all present at this meeting, and on this night also Martin Burke was appointed a committee of one, as shown by the secretary's books, to pa.s.s upon the qualifications of Danahy's bartender (who swears to an alibi for Burke) for admission into the order. They were getting in their friends then. This was on the 8th of February. On the 16th of February John F. Beggs, senior guardian of this camp, wrote a letter to Spelman, the district officer, and on the 17th of February Spelman, the district officer, answers that letter, in which he says he knows of no authority under the const.i.tution that authorizes him to inflict a penalty on a member who has committed the offense referred to by Beggs. Recollect, gentlemen, they talk about penalties; that he knows nothing in the const.i.tution by which he is authorized to inflict a penalty. From these letters it will be seen that Mr. Senior Guardian Beggs had directed Spelman's attention to Dr. Cronin's camp, showing that he knew that it was in Cronin's camp that this minority report had been read, and to 'investigate' which the secret committee had been proposed by Coughlin. On the 18th of February John F. Beggs writes (and I will read you the letter) that he does not know of any 'written' law of the organization which authorizes the infliction of a penalty. On the 19th day of February Mr. Simonds appears and rents a flat and furniture is bought, and on the 20th the carpet is nailed down in the room on Clark street. 'Dates will cut a figure in this case.'

This was all done in the month of February. On the night of the 22d of February this man (Coughlin), who moved to appoint that secret committee, already beginning his work as chairman of the committee, tells Henry Owen O'Connor that they have another Le Caron, and he says he has got it from good authority that it was Dr. Cronin who was the spy among them, and Mr. O'Connor would not hear any more and left him."

At this point Mr. Longenecker's attention was called by a.s.sociate counsel for the defense to the fact that the words of Coughlin alluded to occurred on March 1 and not on February 22, and he made the necessary correction.

THE BEGGS-SPELMAN LETTERS.

"Now," continued Mr. Longenecker, "let us see whether there is anything else shown by these letters that pa.s.sed between Beggs and Spelman. In the first place let us ask ourselves what was there to write about to Spelman if the object of the whole 'investigation'

arising out of Thomas O'Connor's speech was to find out 'why'

Cronin had read that minority report. There was no need to make any fuss about that. But suppose they wanted to create the belief that there was in the organization a man who was a spy or traitor, and that they wanted an excuse for killing him--that would be a very different matter."

The State's Attorney then proceeded to read to the jury the first letter written by Beggs to Spelman, dated Feb. 16. In this letter Beggs says: "It is charged that the senior guardian of Columbus Camp, at a recent meeting, to the a.s.sembled brothers read the proceedings of the trial of the executive at Buffalo." Mr.