Chapter XVIII

IN COURT AT LAST--THE STATE'S ATTORNEY POINTS OUT THE ACCUSED, MAN BY
MAN--A FORMIDABLE ARRAY OF LEGAL TALENT--OBJECTIONS TO LUTHER LAFLIN
MILLS AND HIS ASSOCIATES OVER-RULED BY THE COURT--WEEKS CONSUMED IN THE
WEARISOME TASK OF SECURING A JURY--SCENES AND INCIDENTS.

"THE STATE IS READY."

"May it please the Court and gentlemen of the jury: We are here to
try the charge of murder lodged against Burke, who sits back behind
that man there, with his hand up to his left ear; Patrick O'Sullivan,
who sits in the bend of the table there; Daniel Coughlin, who sits
behind Mr. Ames, his attorney, and Beggs; one Patrick Cooney, who is
indicted jointly with them, and Frank J. Woodruff, who is not on
trial in this case. John Kunze sits there behind the table, and John
F. Beggs sits there with Coughlin. These men are all charged in this
indictment with the murder of Dr. Patrick H. Cronin. It is alleged
that they murdered him the night of the 4th of May, 1889, in this
town."

Thus State's Attorney Joel M. Longenecker addressed Judge McConnell on the morning of Friday, August 30th. Less than four months had elapsed from the day that the physician was lured to his death; but the mystery surrounding the tragedy, at one time believed impenetrable, had been solved to the satisfaction of the officers of the law, and five of the accused were confronted with the bar of justice to answer for their participation in the crime. The court room was crowded to suffocation, although admission was restricted to members of the bar, jurors, representatives of the press, and others having orders from the Sheriff or State's Attorney. Outside the court room a great crowd of people of both sexes and all conditions of life clamored loudly but vainly to be admitted, and the officers on duty were compelled to draw their clubs in order that comparative quiet might prevail. The five prisoners, all neatly dressed and clean shaven, and looking fairly at ease, occupied positions as indicated in the remarks of the State's Attorney. They were well represented by counsel. Counselors Forrest and Judge Wing looked after the interests of Coughlin; Messrs. Donahue and David were there in behalf of O'Sullivan, the iceman, and Kunze; and Senator Kennedy of Wisconsin, with Messrs. Foote and Foster, were on hand for Martin Burke. At the same table with the State's Attorney sat Hon. Luther Laflin Mills, George C. Ingham and William J. Hynes. The three eminent counsel in question had been retained to assist in the prosecution, but the announcement of the fact was the signal for a vigorous protest from Attorney Forrest, who claimed that they had been employed by private parties. The protest, however, was promptly overruled, and the first ten men of the special venire took their seats in the jury box. Their names were William E. Cribben, A. P. Richardson, A. P. Hall, L. Brackenhoff, W. L. Bigley, A. W. Roth, F. E. Wheeler, R. F. Ridden, William Newman, Emery L. Lillibridge, George M. Fish and J. W. Bridger. They had hardly been sworn, however, when Lawyer Donahoe, on behalf of Kunze, again objected to the participation of Mills, Ingham and Hynes. He claimed that they had been engaged by private parties to appear in the case, that they had received money, or the promise of money from such parties, who were solely actuated by a desire to secure the conviction of the defendants, and that Attorney Hynes in particular was actuated, however, by a personal ill-will toward one of the defendants. The counsel offered to prove these allegations by calling the three lawyers in question to the stand; but the objection was again overruled, and, without further opposition, the State's Attorney proceeded with the examination of the talesmen. This proved to be a task of the most wearisome character, continuing throughout the month of September and on to the commencement of the fourth week of October. Five out of every six men that were called had formed opinions based upon what they had read in the public press, or upon what they had been told; that made it impossible for them to try the case fairly and on its merits. Many were opposed on principle to secret societies; others were particularly antagonistic to the Clan-na-Gael. It was evident from the start that the counsel for the defense intended to avail themselves of every possible technicality, and the questions propounded to the talesmen on the first day were so broad in nature that Judge McConnell was compelled to interfere. At the next session of the court a list of questions was submitted, which, so it was argued by Mr. Forrest, should be asked of every man in the interest of the defendants. The questions were as follows:

Have you now, or have you ever had, an opinion that during the year
1889 a secret committee was appointed by Camp 20 of the so called
Clan-na-Gael Society, or some officer of said camp, to try the
deceased, Dr. Cronin, for any supposed offenses?

Have you formed any opinion as to whether or not the alleged murder
of Dr. Cronin was in pursuance of the action or finding of a secret
committee, appointed by said Camp 20, or its officers, or any of
them, to try said Cronin for any supposed offense?

Have you formed any opinion as to whether or not Dr. Cronin was
killed in the Carlson cottage?

Have you an opinion as to whether or not a trunk was used in
removing the supposed remains of Dr. Cronin from the Carlson
cottage to a catch-basin.

Have you formed an opinion as to whether the tenant or tenants of
the Carlson cottage had anything to do with said murder?

Have you formed an opinion as to whether or not Dr. Cronin was
taken to the Carlson cottage by the horse and buggy engaged by
Daniel Coughlin from Dinan, the liveryman?

Have you formed an opinion as to whether or not Daniel Coughlin
knew when he engaged the horse and buggy from Dinan that the horse
and buggy was to be used to take Dr. Cronin to the Carlson cottage
to be murdered?

Have you formed an opinion as to whether or not Patrick O'Sullivan
made a contract with Dr. Cronin for professional services. If you
have formed such an opinion, I wish to ask you also, have you
formed an opinion as to whether or not Patrick O'Sullivan made such
a contract for the purpose of using said contract as a scheme to
entice Cronin away to be murdered?

Have you an opinion as to whether or not Martin Burke, one of the
defendants, was the tenant of said cottage?

Have you an opinion that the Clan-na-Gael Society is in any way to
blame for the death of Dr. Cronin? If you have such an opinion,
state further whether or not you entertain an opinion that any
particular camp of the Clan-na-Gael had to do with the murder of
Dr. Cronin, and further state if you have an opinion that the
defendants, or any of them, are members of said camp?

We desire to further inquire, in instances where jurors state they
hold opinions upon the above topics, as to the sources of said
opinions, and further as to whether these opinions have been
expressed or otherwise.

One entire day was occupied by the defense in arguments and quotations from legal authorities tending to demonstrate their right to submit these questions, but after considering the matter over night, the court decided to narrow them down to the following points:

1. Have you formed an opinion as to whether or not the alleged
murder of Dr. Cronin was in pursuance of the action or finding of a
secret committee appointed by Camp 20 of the so-called Clan-na-Gael
society, or its officers, or any of them, to try Dr. Cronin for any
supposed offense?

2. Have you formed an opinion as to whether or not Dr. Cronin was
taken to the Carlson cottage by the horse and buggy engaged by
Daniel Coughlin from Dinan, the liveryman?

3. Have you formed an opinion as to whether or not Martin Burke,
one of the defendants, was a tenant of the Carlson cottage?

4. Have you formed an opinion as to whether or not Dr. Cronin was
killed in pursuance of a conspiracy?

5. Have you formed an opinion as to whether or not any of these
defendants was concerned in said conspiracy, or was a member of
said conspiracy?

This matter disposed of to the satisfaction of all concerned, the effort to secure twelve acceptable men was resumed. Day after day went by, however, and little progress was made. Both the city and the country were drawn on for material. Some of the venires were composed of the finest looking men that had ever tramped into the dingy court room. There were heavy manufacturers, business men of standing and influence, and wealthy farmers from the suburbs. One man after another expressed his belief that the prisoners were guilty, and the five men became gloomy and morose when confronted with the substantial proof of the terrible prejudice which existed against them. For a long while it looked as though there were not twelve American business men of independent means in Chicago who had not already formed a positive opinion, and one which could not be removed by any evidence, as to the guilt of the prisoners. The number of talesmen that passed through the mill each day ranged from twenty to thirty. A large proportion were excused from cause, while the others were peremptorily challenged by the State or the defense. Freeman Gross, a capitalist; was the first man who enjoyed any prospect of being a juror, and his selection was the net result of seven day's labor and an expenditure by the State of over $2,000. After however, he had been passed by both sides, matters were brought to the attention of the State's Attorney which warranted him in using a peremptory challenge upon the solitary occupant of the jury box and the second week opened with seven venires exhausted and the first selection still to be made. A bold move was made by Attorney Forrest on a side issue at this stage of the case. Failing to obtain an order of the Court which would enable him to secure possession of the blood-stained specimens from the Carlson Cottage, and which were held by the prosecuting authorities; in order that a microscopic examination might be made by experts in behalf of the defense, the lawyer, with three other men, invaded the Carlson cottage, disarmed old man Carlson and Lindgren, his son-in-law, who were in the place and who presented revolvers at their heads; and, with a jack-knife, cut several pieces out of the floor where the blood spots were thickest, and also out of the base-board just beneath the spot on the wall paper where the blood had splashed when the physician was leveled by a blow upon his head. No cognizance of these proceedings, however, were taken by the court, but on the following day an order was issued permitting certain experts to examine the specimens held by the State in the presence of other witnesses. By the end of the second week fifty-one of the one hundred peremptory challenges credited to the prisoners had been exhausted, and still the first of the jurors was not within sight. Up to this time 327 veniremen had been examined. Of these nearly 90 per cent. had already made up their minds; 8 per cent. were violently antagonistic to the Clan-na-Gael; 2 per cent. were opposed to secret societies of all kinds, and one per cent. were conscientiously opposed to capital punishment. On the latter question the point was raised as to whether a man who had conscientious scruples against the death penalty, where the evidence was purely circumstantial, was qualified to sit as a juror in a murder case in Illinois. It was at first ruled by Judge McConnell that such a venireman was qualified, but, after elaborate arguments by the prosecution and the citing of innumerable authorities, the Court decided to withdraw from its position. When the nineteenth venire was issued on September 19th, four men, Messrs. Pearson, Culver, Hall and Dix had been practically accepted by both sides. But this slow progress was not agreeable to little Kunze, and, becoming excited, he arose and asked permission to address the court. His counsel tried to get him to sit down, but the young German insisted upon being heard.

"Shudge," he cried, waving his hand toward the bench, "I must speak mit you meinself."

"Your attorney will speak in your behalf," said the court.

"Nein! Nein!" exclaimed Kunze. "Mein attorney no speeg for me; I like mit mein own interest to talk mit you. Last Saturday Shudge Longenecker told I looze notings by being in chail, und I vas guilty not, und I looze notings by dat. But mein healt I looze by der chail, und dat is somedings; but it will maag me vell und I proof meinselef guildy not at all. Ein doctor no man can heal und he don'd know the woondt; und I vant der chudge to tell me vat I am chail in for to-day anyhow?"

Kunze, much excited, sat down amid the laughter of his colleagues.

"I have your matter under consideration," said the court in kindly tones, and the prisoner subsided.

New tactics were attempted by the defense in the fourth week. It was broadly hinted by Mr. Forrest that the right sort of men were being neglected by the bailiffs and a demand was made that all future venires, instead of being special, should be drawn in the regular way. In support of this demand he said, among other things:

"We are very much dissatisfied with the class of jurors obtained
thus far; they do not come from the body of the county. We are
getting a class jury from the smallest class in the county. We have
had five Englishmen to one Irishman. According to the school census
of 1884 there were 114,000 Irish persons and only 20,000 English in
this city. If the jurors were taken from the box these
nationalities would come in due proportion. Yesterday there were
seven English and Scotch veniremen. Now we look upon the English as
a class as a most reputable portion of the community, but it so
happens that if there should be a strong prejudice against the
defendants, we might expect to find it right there. I believe the
non-church going community in this county exceeds the church-going
people; and I am satisfied also that the members of the Catholic
church exceed in number all the persons in the so-called
evangelical churches. Yet of those we have had here, twenty to one
were Baptists, Presbyterians and Methodists. We do not say that we
should have a Catholic jury, but we claim we should have a jury
drawn from the body of the county by lot. Another thing: The
mechanics, the laboring men, exceed the mercantile class. The
salesman class depends more on the daily papers for intellectual
food than any other class in the community. My experience of
mechanics is that they do less newspaper reading, but devote
themselves to works on history, philosophy and political economy.
They are better posted to-day than any other class. All the evils
resulting from the present system would disappear were the jurors
drawn by lot from the box, which is the fairest method of obtaining
jurors."

Mr. Mills replied at some length. He said:

"I will not deign to answer the insinuations and animadversions
made by the distinguished counsel, directed or intended against the
integrity and fidelity to the law of the gentlemen of the
prosecution or the sheriff of Cook County. Your honor, in the
interruption made, expressed an answer to such insinuations and
animadversions. Counsel has talked much of classes, lines of men,
divisions of the community. He has talked of the employer class and
the laboring class; he has even brought into this discussion the
element of religion as suggesting classes of men. I submit that
there are no classes recognized by the law of this State. What
statute recognizes a distinction between the laborer and the man
who hires him? What statute draws a line between the salesman and
the head of a business? At no time has the State made a special
demand for any class of men. We stand to day with the regular panel
exhausted and in need of a jury, and we appeal to the statute to
help us out."

"We will continue as we have been going on," said Judge McConnell after the arguments had been concluded; "the court has been diligent and cautious and intends to see that nothing but a fair and impartial jury is impaneled in this case."

HOT WORDS FROM LAWYERS.

The monotony of the proceedings was interrupted on Saturday, September 28th, by the first sensational scene of the trial. It originated during the examination by Mr. Donahoe of John W. Johnson, a special venireman, who had testified that he had no prejudices against the Irishmen or the Clan-na-Gael.

"Have you any opinion," queried Mr. Donahoe, "outside of what you
read in the newspapers, that Dr. Cronin was murdered?"

"He was certainly murdered--the papers said so."

"Have you any opinion as to who is responsible for his death?"

"I don't know anything about it."

"Did you read of the arrest of O'Sullivan and Coughlin?"

"Yes, sir."

"You believe they were arrested, don't you?"

"Yes, they certainly were arrested."

"This is bully-ragging," Judge Longenecker remarked to the court.

"I can not suffer this examination to be continued," said Judge
McConnell.

"We are surprised at his answers," exclaimed Lawyer Forrest,
"because of certain things we have been informed about."

"Put your questions in that way," said Mr. Hynes, "and disclose
your informant."

"Oh, no," said Forrest, mockingly, "that will enable the scheme to
be carried out."

The lawyers for the prosecution sprang to their feet to protest
against the insinuation. With flashing eyes, Mr. Hynes exclaimed:

"I would like to call the attention of the court to the language of
Mr. Forrest."

"Stop, gentlemen," said the court in an appealing voice.

"The language I used," cried Forrest, in a tone of defiance, "can
be repeated."

"Nothing but the dignity of the court and the courtesy we owe to it
prevent me from denouncing that remark as in the character of
mendacity," ejaculated Mr. Hynes. "I do not do it because the
courtesy of the occasion prevents it. The counsel owes it to the
administration of justice to disclose the reason for his remarks."

"Sit down and have patience," shouted Forrest in mocking tones.
"You will get it in time."

"In the absence of that explanation," continued Mr. Hynes, "I
denounce counsel's statement as a deliberate invention and a wilful
slander upon the administration of justice in this case.
[Sensation.]

"Well, it is so denounced," said Mr. Forrest.

"I did not hear the latter part of counsel's remark," observed the
court, referring to the words which roused the ire of Mr. Hynes.

"He said it was a scheme of ours," said Judge Longenecker.

"Oh, I made the remark," cried Forrest flippantly.

"Then, it was improper," responded the court, with a slight frown
on his face.

"There is no scheme on the part of the prosecution," Mr. Hynes
explained, "except to watch the schemes of the defense."

"I am surprised to see the gentleman so agitated," put in Forrest.

"I am agitated, sir," said Mr. Hynes to the court, "because I am
sensitive in my honor, and the gentleman is not." [Sensation.]

Counsel on both sides were standing and gesticulating as if they
wished to prolong this interesting colloquy.

"Take your seats, gentlemen," said the court, slowly. The lawyers
meekly sat down. "The language employed by Mr. Forrest," continued
Judge McConnell, "was highly improper. I don't care to visit the
offence with any greater severity than condemnation."

Mr. Johnson was peremptorily challenged in behalf of Kunze, and the scene was over.

An entire month had now been consumed in the effort to fill the jury box, but only four men had been passed. Still, but twenty peremptory challenges remained to the defense on October 1st, and it was consequently certain that this stage of the case was nearing its end. All of the challenges yet to be used were to the credit of Beggs; those of the other prisoners having been exhausted. The second quartette of jurors, Messrs Walker, Allison, Corke and North, were secured on October 8th. During the next few days a number of special veniremen, whose answers to the questions propounded indicated that they were unbiased, were tendered by the State to the defense, but one and all proved unacceptable to Mr. Forrest and his associates. There was a startling interruption to the trial at this point, which is dealt with in the next chapter, and which necessitated a suspension of the proceedings in court for several days. Finally, late on the evening of October 22d, the last man of the third quartette of jurors was selected, and Messrs. Marlor, Bontecou, Bryan and Clarke took their seats with their colleagues in the box. All known records in the history of criminal jurisprudence, so far as time was concerned, had been beaten in the selection of this jury. The search for talesmen had lasted forty-five days. The number of veniremen that had been summoned was 1091, of which 927 had been excused by counsel for cause. In addition to the special veniremen there were twenty-four on the regular panel disposed of. One hundred and seventy-five peremptory challenges had been used, of which ninety-seven were credited to the defense, and at the time the last juror was accepted, there remained to the defendant Beggs but three peremptories and to the State twenty-two. The jury in the Anarchist case, notwithstanding that the seven defendants had 140 peremptory challenges between them, was procured in twenty-seven days, while the jury that tried the celebrated county "boodle" case, when the defendants had 240 peremptories, was made up in just eighteen days. The twelve jurymen chosen had cost the State in fees alone to the veniremen summoned nearly $5,000. Six of them, Messrs. Culver, Hall, Dix, Walker, Corke and Bontecou had been tendered by the defense to the State while the prosecuting lawyers were the first to be satisfied with Pearson, Allison, North, Marlor, Bryan and Clarke.