CHAPTER XXII.

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.

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.

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.