The Crime of the Century; Or, The Assassination of Dr. Patrick Henry Cronin
CHAPTER XIV.
OFFICER COLLIN'S SUSPICIONS--MARTIN BURKE AND HIS RECORD--FORTUNATE DISCOVERY OF THE PHOTOGRAPH OF A CLAN-NA-GAEL GROUP--THE CARLSONS AND OTHERS IDENTIFY BURKE--HIS PECULIAR MOVEMENTS AND HIS FLIGHT--AN INDICTMENT AGAINST HIM--THE CAPTURE IN WINNIPEG, WHILE EN ROUTE TO ENGLAND--STUBBORN FIGHT TO PREVENT HIS EXTRADITION TO AMERICAN SOIL--THE LAW TRIUMPHANT--A MEMORABLE JOURNEY HOME.
There is more truth than poetry in the old saying that it is "always the unexpected that happens." The fleeing criminal is oftentimes in the greatest danger when he imagines himself safe from pursuit. Examine the records of the courts and the detective agencies in scores of the largest cities of this and continental countries, and they will be found replete with sensational narrations of the capture of murderers, forgers, embezzlers--and others charged with offences covered in existing extradition treaties--in distant lands and isolated regions, and among people of strange tongues, where they had fondly hoped that detection or discovery was an impossibility, and that they were safe, for all time to come, from the strong arm of the law that they had violated. So too, a criminal will outwit the keenest of detectives, and nonpluss the most experienced of officers, only through his own lack of caution, to run his neck into the noose in an entirely different direction to that in which he is being sought.
And so it was that to a sharp, keen, wide-awake official of the police department of Winnipeg, Manitoba, was due, in no small measure, the capture, at this juncture, of one of the alleged conspirators whose presence was most earnestly desired by the police authorities of Chicago.
It came about in this way--Officer John Collins, an Irish-American, and an energetic member of the force, had been detailed for special work upon this celebrated case. He was familiar with the proceedings of the Clan-na-Gael. He also knew a man named Martin Burke, who occasionally assumed that of Delaney as an alias. This individual had been looked upon as a tool of the local Clan-na-Gael leaders, voicing their opinions in bar-rooms and at street corners. He had been particularly violent in his denunciation of Dr. Cronin, and at the saloons on the north side of the city that he was in the habit of frequenting, more especially those in the neighborhood of Chicago Avenue and Market Street, he had been heard to frequently say that Cronin "ought to be killed as a British spy." Little was known as to Burke's antecedents. Even his uncle, Phil Corkell, who kept a small grocery store on the north side, professed to know little or nothing about him. All that the police could learn at the time in tracing his record was that he had reached the United States from Ireland some time in 1886. A year later he turned up in Chicago. He had not been long in the city when he joined the Clan-na-Gaels. The notorious Camp 20 was the one he chose to gain admission to the order. Dan Coughlin, John F. Beggs, Mike Whelan and other leading lights of the order at this time dominated the affairs of this particular camp. For some reason or other--certainly not because he was particularly sharp or bright, for his uncle described him as a soft sort of a fellow, without any "gumption"--Burke attracted the favorable attention of Beggs, and the latter, aided materially by Alexander Sullivan, procured him employment in the city sewer department. He was assigned to work at the Chicago Avenue pipe yard, which at that time was a hot bed of Irish Nationalists. Accordingly to all accounts he earned no small proportion of his salary by boasting to his fellow workmen of his influential backers. It was his burden of conversation that Alex. Sullivan, Beggs, Coughlin, and other Clan-na-Gael leaders were his staunch friends. He also boasted that he came from the same part of Ireland, on the borders of Mayo and Sligo, in which Michael Davitt and other eminent Nationalists were reared, and he never tired of narrating his experiences with "moonlighting" expeditions in the west of Ireland. After Le Caron had testified before the Parnell Commission, in London, he varied his conversation, and was eternally denouncing and breathing imprecations upon the "British Spy." Early in 1889 he lost his job in the pipe department. From that time on he had no steady employment.
At the same time he had plenty of money and spent it freely in the Market Street saloons.
This of itself was sufficient to arouse suspicions, for when he was at work he was always in debt. Occasionally he varied his saloon loafing by taking trips to Lake View.
To his associates he explained that he had a young female acquaintance in that neighborhood, although it was observed and sometimes remarked that these trips were altogether too prolonged for ordinary courtship. Afterwards it was recalled that they were taken about the time the mysterious strangers were occupying the Carlson cottage.
BURKE'S PICTURE IDENTIFIED.
It was nothing but natural that, as soon as Dr. Cronin's disappearance had been announced, the bartenders, saloon-keepers, and other intimates of Burke, calling to mind his deep-rooted hatred of the missing man and his apparently endless supply of funds, began to whisper that he must have had something to do with the affair.
"He was surely in it," they said one to another.
These rumors came to the ears of Officer Collins, and the latter lost no time in communicating with Captain Schuettler, who was actively engaged in the case. Schuettler immediately set about getting a photograph of the suspect. Diligent enquiry developed the fact that no single one was in existence.
It was learned, however, that a picture of a group of Clan-na-Gaels was to be found, and that Burke was among them. A few years before, soon after the death of Timothy Crean, a relative of Alexander Sullivan, and at one time a district member of the Clan-na-Gael, a burial lot was purchased in the Mount Olivet Catholic Cemetery, near Washington Heights.
It was intended as the "God's acre" of the Irish Nationalists. Imposing ceremonies marked its dedication, Father M. Dorney, the "stock yards priest," delivering the address upon the occasion. Subsequently a tall obelisk, with the name of Timothy Crean carved in the base with an appropriate inscription, was erected on the lot. It was on the occasion of the unveiling of this obelisk that the Nationalist group was photographed. In the back-ground of the picture, his features showing up clear and distinct among some forty people, was Martin Burke.
It was an easy matter for Collins to locate the photographer that had taken the group, and then, finding that the negative had been preserved, to procure a copy of the picture. This much accomplished, however, the next question was, could Burke be identified?
If he could not, all the rumors, and the suspicions, and the labor would go for naught.
Collins took the picture to the Carlsons.
Without acquainting them of his theories or suspicions, or indicating the object that he had in view; he asked them whether they recognized any one of the group. Charley Carlson, the son, was the first one approached. His finger went down on the face of Burke as that of the man who had rented the cottage. His father and mother put on their spectacles, looked the photograph over, and without the slightest hesitation declared--"That is the man." To make assurance doubly sure, Collins went to Hakan Martinson, the expressman. A single glance over the faces in the picture was sufficient. "That is the man" he said, indicating Burke, "that hired me to haul the furniture from that flat on South Clark Street." Further questioning led him to say that he had frequently seen Burke, about the time of the murder, in and around the saloons and the neighborhood of Chicago Avenue and Market street. This was enough for Collins. He was satisfied that he had struck the right lead. All that was necessary now was to get his hands on the man.
THE FLIGHT AND CAPTURE.
But the bird had flown. Burke's former haunts knew him no more. Collins had started out exultant in the prospect that the suspect would be behind the bars in a few hours. He went to one place after another, over Burke's old stamping ground, but everyone of whom he enquired shook their heads. He had disappeared as mysteriously as though the earth had opened and swallowed him up. The officer kept on, however, and finally learned enough to satisfy him that his man had skipped to parts unknown. His Clan-na-Gael uniform was found at the Philbin House, where he had resided, and that was all. He had been last seen in the city on the night of the day that Dr. Cronin's body had been buried. In fact he was in the crowd on the north side that viewed the funeral procession. For several days previously he had been particularly well supplied with funds. Where they came from was a mystery, although somebody knew somebody else who had been told by a third party that an individual mysteriously alluded to as "an Irish lawyer" had been seen to give him some bills from a big roll in the course of a hurried consultation.
At any rate, he had the money. Then he began to talk vaguely about making a trip to Ireland. Next he skipped.
Officer Collins made his report, and Captain Schuettler, with other officials of the department, took up the threads of his discoveries.
It was learned that immediately prior to leaving town, Burke had gone several times to Lake View to see his mythical girl. He had packed his grip at his uncle's house. A conductor who knew him had seen him on a street car on the night of the funeral. This clue was followed up, and with considerable difficulty Burke was finally traced from the car to the Northwestern depot. Here the investigation struck another snag. None of the scores of employes of the depot, or the train men remembered having seen any man who answered the description given. The conductors and brakemen of the through trains were shown the picture and asked to exercise their memory; but without result. Not one of them could place the suspect. Then the authorities did the only thing that could be done. They notified every town along the road, and a full and complete description of the much wanted individual was scattered broadcast over the entire country and the provinces of Canada.
Days and weeks came and went however, no tidings of the fugitive were obtained, and the prospects of locating him and securing his arrest became correspondingly dubious. Late one Sunday night however; a messenger boy rushed breathless into the central Police department with a dispatch enclosed in an envelope, across the face of which the word "Rush" was stamped in large characters. Chief Hubbard had not left the office. He tore open the envelope, and great was his gratification when he read the following message:
WINNIPEG, MAN., JUNE 16, 1889. Martin Burke, alias Delaney, arrested here on suspicion of complicity in the Cronin case. He was boarding the Atlantic express, and had a ticket for Liverpool, England. MCRAE.
To this the following response was immediately sent:
CHICAGO, ILL., JUNE 16, 1889. Hold Martin Burke, alias Delaney, by all means. Will send officer immediately.
G. W. HUBBARD,
_General Superintendent_.
HOW BURKE WAS CAPTURED.
It was an inspiration, and a fortunate one, that induced Chief McRae, of the Police Department of Winnipeg, to turn his steps toward the railroad depot on the afternoon of Sunday, June 16th. Just why he did so he was never able to satisfactorily explain even to himself. He had with him, however, that eagle eye and that acuteness of perception which had not only made his name famous in the criminal annals of Manitoba, but also made it a menace and a terror to transgressors of the law. When, some days before, he had received a request from the police authorities of Chicago to be on the watch for a man named Delaney, he had issued general instructions to members of his force that any individual answering the description should be arrested on sight, while at the same time the principle details were impressed upon his own memory. One of the first persons he encountered upon reaching the depot was a man whose appearance instantly arrested his attention. He was an athletic looking fellow of excellent proportions, about twenty-six years of age and fairly well dressed. His face was red and freckled, his eyes gray and his hair brown. There was a deep scar on the front part of his head on the left side, another over his left eye tending downward, and a third, very deep, on the back of his head, below the rim of his hat. Nearly six feet in height, he looked like a man well able to take care of himself, and the termination which was wrought in every line of his countenance showed that he was possessed with sufficient nerve to assist in carrying out the details of any dark deed. Observing that he was being watched, the man looked furtively around, pulled his slouch cap well down over his eyes and endeavored to hide his features in the shadow of the building. In a few moments he walked to the rear, across the vacant lot, strolled back again and boarded a Canadian Pacific express, which was about to leave for Montreal. The Chief followed and took a seat behind the suspect, but the latter immediately stuck his head out of the window so that McRae could not see his face.
Not to be trifled with, however, the latter went out of the car and walked along the platform. When he reached the window he found it closed, and looking through, saw the man on the other side of the car with his head again out of a window. These actions served to confirm his suspicions, and McRae boarded the train. At this moment it began to pull out, and realizing that it was a time for prompt action, he stepped up to the suspect, placed his hand on his shoulder, and told him that he was wanted. The man turned pale and red by turns, but made no reply, and grabbing up his valise, he meekly followed his captor out of the car and on to the platform. Here the Chief asked him several questions, and failing to get satisfactory replies decided to take him to the station. Donald E. McKinnon, one of the most experienced members of the city force, was acting as desk sergeant at the time.
"What is your name?" he asked, as the Chief brought in his prisoner.
"W. J. Cooper," was the reply.
McKinnon proceeded to search him. In his pockets he found several small articles, the sum of $58.20 in cash, a railroad ticket to Montreal, and a steamship ticket from the latter city to a European one. On the back of this the name of W. J. Cooper was written.
"I must caution you now," said Chief McRae, "that anything you admit may be used against you now as evidence, if you should be brought to trial. Now, is that your name written on this ticket?"
"Yes--No," answered the prisoner, after considerable hesitation.
"Well, what is your name?" continued the Chief.
Again more hesitation--"Martin Burke," the prisoner replied, finally.
"What other names have you got?"
"Well, I sometimes go by the name of Delaney."
The Chief was now satisfied that the man so badly wanted in Chicago was in his clutches, and he hastened to apprise Superintendent Hubbard by telegraph of the fact. This done, he resumed his examination of the prisoner.
When asked where he came from, he replied "Chicago," but that he had not traveled direct, having first gone to Hancock, Michigan, where he had visited a man named John F. Ryan. This man, he said, had a homestead, although he corrected this latter and said that he kept a store. He went on to say that he had written to Ryan since his arrival in Winnipeg, and that he was on his way to the old country. While making these statements he was extremely nervous and excited, and this caused Chief McRae to remark:
"What have you done that you are so nervous?"
Burke made no reply. He was asked why he had adopted the name of W. J. Cooper, and replied that he did so because he was being watched by two or three men. In Chicago, he said, he had resided at the corner of Erie and Sedgewick streets, and he gave the names of several people in that neighborhood whom he knew, including a saloon keeper. Burke was placed in a cell, and the officers proceeded to examine his valise. In it they found several articles of clothing, including a light colored felt hat, considerably crushed, and with about a three-inch brim. On the sweat band there were ink marks, which had evidently been applied to obliterate some name or ownership mark. There was also a slip of paper, which proved to be a receipt for the sum of five dollars, paid by W. J. Cooper to Alexander Calder, on account of a ticket to Liverpool.
Inquiries were next made concerning Burke's movements from the time he arrived in the city. It was found that he first put in an appearance on the Thursday prior to his arrest, and put up at the Russell House, a second-class hotel, without registering. On Saturday he appeared at Caldwell's office and inquired the price of a ticket to Queenstown or Liverpool, by way of Montreal. He was told and giving his name as Cooper, he handed out $5 as a deposit, adding that he would call and pay for the ticket on the following day. He was told that the office was not usually open on Sunday, but that if it was necessary the agent would come down and issue the ticket. From here he went to the telegraph office, where he wired to somebody in Chicago for the sum of $200. This came later in the day, and was paid to him. Late that night he wrote and mailed several letters, and on the following morning--Sunday--called for his ticket and paid for it.
BURKE IN COURT.
A night's imprisonment did not tend toward making the suspect any more communicative. When spoken to on the following morning, he admitted that he had known Dr. Cronin by sight, but said that he had never been personally acquainted with him, and also denied that he had ever been a member of the Clan-na-gael. He manifested considerable bravado, saying that he would claim British protection and refuse to go back with any Chicago officers who might be sent for him. Within a few hours after his arrest, one of the leading counselors of the city, A. B. Campbell, had been retained in his behalf through some mysterious source, and by his advice the suspect became as close mouthed as a clam.
On the Wednesday following his arrest, he was arraigned before Police Magistrate Peebles, but upon the production of the dispatches from the Chicago authorities, a remand was granted for two days, without any evidence being offered. This made him very uneasy, and he urged his attorney to procure a writ of habeas corpus. The request would probably have been complied with, had not Chief McRae declared that he would block any such movement by swearing out an information charging Burke with murder. The suspect was anything but satisfied with prison fare, and, at his request he was furnished with meals from a hotel at his own expense and also provided with a comfortable bed. A dispatch late in the day brought the information that the grand jury in Chicago had returned an indictment against him, and, as a natural result, he spent a sleepless night. Officer Collins arrived from Chicago on Thursday, and a single glance at the prisoner was sufficient to tell him that the right man was under arrest. This much settled, Collins, accompanied by Chief McRae, drove to the residence of Judge Bain, one of the judges of the Court of Queen's Bench for the Province of Manitoba and a jurist of extraordinary ability and sagacity, where the following information was sworn out:
Canada, Province of Manitoba, County of Selkirk: The information and complaint of John M. Collins, of the City of Chicago, in the State of Illinois, and the United States of America, police officer, taken upon oath before me, the undersigned, one of Her Majesty's Judges of the Court of Queen's Bench for the Province of Manitoba aforesaid, Judge under the Extradition Act at the City of Winnipeg, in said County of Selkirk, this 20th day of June, in the year of our Lord 1889, who says he has just cause to suspect and believe, and does suspect and believe, that Martin Burke, alias W. J. Cooper, late of the said City of Chicago, in the said State of Illinois, did commit the crime of murder within the jurisdiction of the said State of Illinois, one of said United States of America, to wit: That the said Martin Burke, alias W. J. Cooper, on or about the 4th day of May, in the year of our Lord 1889, at the said City of Chicago, did feloniously, willfully, and of malice aforethought, kill and murder one Patrick H. Cronin.
Taken and sworn before me, John F. Bain, Judge of the Court of Queen's Bench, Manitoba.
JOHN M. COLLINS.
Upon this information a warrant was immediately issued and served on Burke in his cell by Sergeant McCharles. He was then taken from the police station to the County Jail, where he was incarcerated as a common prisoner, and H. M. Howell, Queen's Counsel was retained to conduct the case for the State of Illinois.
THE IDENTIFICATION COMPLETE.
The fast express on the following day had among its passengers from Chicago the Expressman Martinsen, and Officer J. M. Broderick. They were taken at once to the jail. Fifty-two men were drawn up in line in the yard of the structure and Burke placed among them. Martinsen passed along the line slowly, beginning at the right. He scarcely stopped in front of Burke as he passed, but he looked back after he had gone a few feet. Then he went back, from left to right, and this time scanned Burke more closely.
"I am pretty well satisfied," he said, but he passed once more along the line, and stopped again in front of the suspect. Then he walked over to the side of Govenor Lawlor, the Superintendent of the jail.
"I have got him," he said, to the Crown Attorney and Burke's lawyer.
"What number from your left?" asked the former, "from your left as you face the line." Mortinson stepped out and counted.
"Number 21," he said. Number 21 from that end was Burke. The prisoners were taken back to their cells. The identification was complete. Burke had been picked out of fifty men. What more was needed?
More court proceedings were in order. In Canada the mills of the Gods grind slow, but they grind exceedingly fine. The memorable words which once fell from the lips of General U. S. Grant, "Let no guilty man escape," might be fittingly applied to the judicial system which prevails in the Dominion. Burke was again arraigned, this time before Judge Bain and another adjournment granted to await the arrival of the necessary papers. It was evident that Burke meant to fight extradition to the bitter end; it was equally evident that Judge Bain, although the youngest Judge upon the bench, was the best before whom the case could have been brought. He intended that justice should be done, and he did not propose that legal technicalities should save the prisoner from extradition, if it were proved that he was in any way concerned in the murder of the physician.
THE PRESIDENT ACTS.
All this time the authorities in Chicago had not been idle. Assistant States Attorney George Baker was first dispatched to Springfield, the State Capital, where the necessary papers were obtained. From here he hastened to Washington, where a requisition and other documents were properly "vised" by the State Department, and late on the night of June 24th, immediately upon his arrival from Cape May, where he had been taking a brief vacation, the President of the United States, Benjamin Harrison, placed his signature upon the warrant which authorized the Secretary of State, James G. Blaine, to affix the great seal of the United States to the official documents. Without this Presidential warrant, the custodian of the seal in the State Department could not permit even Secretary Blaine to affix it. On the following morning this formality was carried out and the responsibility of the Federal Government in the case came to an end. Burke was again brought before Judge Bain on Thursday, June 27th, and despite the fact that it was known that the extradition documents were on their way, a determined effort was made by Counselor Campbell, with whom another prominent lawyer, W. E. Perdue, had been associated, to secure the discharge of the prisoner.
The Court decided to proceed with the case, and Officers Collins and McKinnon were called to testify. When they had told what they knew, a remand was granted for a week. Here it was resumed on July 3d, when Expressman Mortinsen repeated his identification of the prisoner, and Joseph Dillabaugh, a Chicago newspaper man, testified that he had seen the body taken from the Lake View catch basin, and was satisfied that it was that of Dr. Cronin. Additional evidence was given on the following day, Elliott Flower and Andrew Yount, representatives of Chicago newspapers, testifying to the location of the Carlson cottage, the blood stains found in it and other material facts. So the case went on from day to day. The evidence of young Carlson was considered necessary, and he was sent on in hot haste from Chicago. It was not until Wednesday, July 10th, that sufficient facts were before the Court upon which to base a decision. This decision, however, was to the point. It held that all the evidence given was admissible and sufficient for the purposes of extradition. It was sufficient to raise a presumption of guilt, and this was all that was necessary. Judge Bain went over the evidence which had been introduced before him, bringing out each little point, showing wherein it was weak and wherein it was strong, and concluded an able and exhaustive review of the case by remanding the prisoner to jail for extradition.
FIGHTING TO THE LAST.
Still Burke did not despair. Under the laws of the Dominion it was open to his counsel to apply for a writ of habeas corpus, in order that the decision of the Court might be reviewed. Nearly three weeks' delay was allowed for this purpose. People wondered that, considering the fact that Burke's available assets at the time of his arrest footed up little more than $50, he was able to retain two prominent attorneys, whose fees must, even up to this stage of the case, have aggregated more than ten times that amount. They wondered still more, when the announcement was made that the case of the suspect had been taken to a court of last resort, and which comprised Chief Justice Taylor, Judge Kellam and Judge Dubuc. This proceeding was in the form of a petition for a writ of habeas corpus, based largely on technical grounds. Elaborate arguments were heard for several days, and in the meantime ex-Senator William Kennedy, of Wisconsin, arrived from the States as special legal adviser to the suspect. This was additional proof that somebody or other, with plenty of money at command, was behind Martin Burke in the effort to prevent his being taken back to Chicago. Again, however, the law was triumphant; the application for a writ of habeas corpus was denied, and the extradition of the prisoner was ordered for the second time.
CANADIAN JUSTICE TRIUMPHS.
Burke's last chance for a long stay in Canada had now disappeared. Unusual promptness characterized the action of the authorities at Ottawa. Immediately upon the receipt of a telegraphic dispatch from Chief Justice Taylor, to the effect that the appeal had been denied, the warrant of extradition was issued by Sir John Thompson, minister of justice, and mailed to Winnipeg. It arrived at its destination at noon of Saturday, August 3rd, and, having been vised by the Lieutenant-Governor and the Provincial Secretary, was served upon Govenor Lawlor. Chief of Police Hubbard had in the meantime arrived from Chicago to superintend the arrangements for the return of the prisoner, and availed himself of the opportunity to highly eulogize Chief McRae for the able manner in which he had worked his part of the case. Day had barely dawned on Monday morning when the Chicago officers were astir. They drove at once to the jail, and the necessary formalities having been complied with, the prisoner was delivered into the custody of Officer Collins, in whose name the warrant had been made out. He was quickly hustled into a covered carriage, Chief Hubbard, Lieutenant Ross and Officer Broderick occupying the opposite seat. A little after six the depot was reached, and the prisoner, who had been handcuffed prior to leaving the jail, was placed in the smoking compartment of the palace sleeping car "Great Falls." Here he was closely guarded by the two police officers, who were well armed, while the Chief and Lieutenant returned to the hotel for breakfast. In a very little while a big crowd had gathered at the depot, but the blinds of the compartment had been carefully pulled down, and the people were compelled to derive what satisfaction they could by gazing at the closed windows. Burke had brought a basket of food and fruit with him from the jail, and through enquiries it was learned that it had been delivered to him the night before, that he had been advised to eat no food which might be offered to him by the officers, as it might be drugged, and that he had also been instructed to have nothing whatever to say to his guards while on the road. These instructions, it was afterward developed, were inspired by a telegram from Chicago, and which had been sent by an unknown man from the Grand Pacific Hotel over the initials "J. G." Shortly before ten o'clock the train pulled out, and Burke had started on what, to him, was destined to be a memorable journey. Chief McRae, representing the Winnipeg, police, Chief Clark of the provincial police, Chief Hossack of the Canadian Pacific detective force, H. McMicken of the St. Paul, Minneapolis & Manitoba road, and James McHale, a United States Government officer, accompanied the party as far as Morris, McHale and Hossack, going as far as Neche on the American side of the line.
BURKE'S JOURNEY TO CHICAGO.
Great crowds had gathered at every station where a stop was made, and it was soon found necessary to lock both doors of the car and keep a guard at each. Chief Hubbard and a porter took charge of the front door and allowed the other passengers to go in and out as they desired, while Lieutenant Ross took charge of the rear door, which was kept locked all the time. A large and demonstrative crowd was encountered at Grafton, the people climbing over each other to secure standing room on the platforms of the car, and shouting loudly that they would kill the prisoner if they could get their hands on him. Lieutenant Ross, however, induced them to go back to the platform, saying that there would be serious trouble if they continued to make threats. At all other stations along the line until Fargo, Dakota, was reached, the same scenes were repeated, except that the feeling did not run so high, and curiosity seemed to be the main motive. Quite a number of strangers succeeded in getting through the front door of the car at Minto, Dakota, but after reaching the section next to the smoking-room, they were confronted by Chief Hubbard, who forced them to leave the car. At Grand Forks the crowd took entire possession of the train, and none of the passengers in the sleeper were able to leave it during the stop. Better order prevailed at Fargo, where the depot police turned out in force and kept the crowd at a respectful distance. The same system was adopted at Moorhead, just across the river, where a stop was made for supper. All this time Burke kept his nerve. He sat near a window with Collins beside him and Broderick opposite. He steadily refused to talk, although Hubbard and Ross took turns at him. To every attempt to draw him into conversation, he had but one reply, and that was that his lawyer had told him not to talk. At times he ate sparingly from the basket with which he had been supplied, but invariably refused the offer of the officers to furnish him with refreshments. When night came he was allowed to lie down on one of the couches of the smoker, but sleep was out of the question, and when a party started to sing in the rear portion of the car immediately adjoining the smoker, Burke, from the inside, joined in the song. There was no crowd at Minneapolis, the guards at the gates keeping every one out. At St. Paul it was the same way. Here Burke was transferred to a special car which had been engaged for the party. He appeared at the door of the sleeper strongly manacled. There were manacles on his wrists and his feet were chained together so that he could step only a few inches at a time, while the chain was so short that he could not descend the steps of the car. Lieutenant Ross noticed this and, taking him in his strong arms carried him to the ground. He managed to walk slowly to the special car and was lifted aboard, and the blinds and curtains were drawn down on either side.
The Winnipeg party was joined at this point by Assistant State's Attorney Baker and Carlson and Mortensen, the witnesses. On the front and rear platforms of the car two St. Paul detectives were stationed, and several more occupied the rear end of the first coach ahead. On from this point to Chicago the scenes of the day before were repeated. Every station had its crowd, and everybody was wild to see the prisoner. At Kilborne City, where a company of the State militia on its way to camp was encountered, one of the soldiers climbed up to a window, pushed up the blind, and forced his body half way into the car. He was seen by one of the officers in the inside, however, and a rap on the head induced him to get out a great deal quicker than he had got in. Remarkable anxiety to see the suspect was manifested by women at almost every stopping place, and at times they outnumbered the men, asking innumerable questions, and craning their necks in endeavoring to get but a glimpse of the interior of the car. Between St. Paul and Chicago not a member of the Chicago party went out into the open air. Burke sat on the right-hand side next the window, with either Broderick or Collins constantly by him. The rest of the party were distributed over the car in such a way that there was some one at almost every point.
Chicago was reached between nine and ten o'clock on Monday night. The train was stopped at a lonely point in the suburbs, about three miles from the center of the city, much to the chagrin and disgust of an immense crowd that had gathered at the depot. The leg irons were removed from the prisoner, although the handcuffs were left in place. To them an iron chain several feet long was fastened, the other end being held by Officer Collins. The party dropped off the train in the darkness and hastened across the tracks to a carriage in waiting. Half an hour later Martin Burke, handcuffed to two stalwart officers, was ushered to the Chicago Avenue Station, and without being booked or searched was escorted to a cell.
Early on the following morning Senator Kennedy of Wisconsin was on hand at the jail with a demand to see his client. Instructions had been given, however, that no outsider should be allowed to get within talking reach of the prisoner, and the lawyer was so informed. After making several other fruitless efforts to accomplish his purpose, he secured from Judge Baker a writ of habeas corpus, commanding Burke's appearance in court. It was made returnable at 3 o'clock in the afternoon, but at that hour a return was made that the prisoner was in the custody of Officer Collins, as agent of the United States. A new writ was therefore directed against the officer, but before this could be served Burke was transferred to the county jail, where his attorney was allowed to see him. On the following day he was arraigned in court, and, having plead "not guilty," in a low but firm voice, on the charge of having been concerned with others in the murder of Dr. Cronin, he was returned to jail.
PREPARING FOR THE TRIAL.
All this time State's Attorney Longenecker and his assistants were actively engaged in preparing for the great trial. Motions to quash the indictments were filed for all the prisoners, while there was a separate application in behalf of O'Sullivan for a change of venue. These matters came up before Judge Horton, on August 5th, and the entire case was transferred to that branch of the Criminal Court presided over by Judge McConnell, while August 26th was fixed as the date for the opening for the trial. On that date the six prisoners were arraigned and applications were made in behalf of Burke, Woodruff, O'Sullivan and Coughlin for separate trials. Elaborate arguments were made on these motions, the prosecution making a vigorous resistance. Judge McConnell took the question under advisement for a couple of days, and then denied the motions as to all the defendants, with the exception of Woodruff, who, on account of the peculiar circumstances that had entered into his side of the case, and his numerous confessions, was held to be entitled to a separate trial.