Chapter XXIII (2)
"Now, gentlemen, have you any doubt about that furniture going to
that number? None of you can have a doubt on that question. When he
went back to Revell's he said he wanted a larger sized strap; that
the strap he got was too small, too light, and Mr. Hatfield said he
would get him a larger strap, which he did and charged him 50 cents
for it. Mr. Allen, who moved the furniture, said he took a bed; a
bureau, a washstand, a mattress, a bowl, and pitcher, the trunk
(the valise and strap were inside the trunk) and all the articles
that this man Simonds had purchased, to 117 South Clark street. The
shipping clerk Neahr, who packed the goods testified that the goods
taken over there were the same as those bought by Simonds. This was
followed by the evidence of McHale, the carpet layer, who said he
laid the carpet in the front room of 117 Clark street; that Simonds
appeared there and was very easy about the matter, not caring just
how the carpet was laid, and he had the carpet laid in the front
room. It is not for us to say what the objecting was in renting the
flat at 117 Clark street; it is true that that number was selected;
it is true that this furniture was purchased; it is true that the
trunk was purchased and went with this furniture. Now we find that
the only living person identified as occupying the room, in which
this furniture was placed and the carpet laid, is the man Kunze. He
was seen there with another man taller than himself. They were seen
there frequently during the time the flat was occupied by this man
Simonds, and Kunze was the man who was identified as being in that
flat at the time. That is testified to by James, testified here in
a manner that must convince you that he was telling the truth,
because, in his evidence, he was not over-anxious about anything
else. When the learned counsel for the defense asked him if he had
ever been mistaken about men he had seen on the street, James said
he might have been, that such a thing could happen, but he was not
mistaken as to Kunze being the man who was in the flat. That
evidence was before you, and that is the first time Kunze appears
in this case, with the exception, perhaps, of his trip with
Coughlin down to Peoria, which was in relation to another matter,
and was only shown for the purpose of letting the jury know the
intimacy that existed between Coughlin, the chairman of the
committee and this man who was seen in the flat. He is just the
kind of character, just the kind of man that Daniel Coughlin would
have selected to occupy that room.
"This flat is occupied. We have shown that the furniture was moved
in there, that the trunk was moved in, that the valise and all the
articles purchased at Revell's were moved into that flat, and
stayed there until the night of the 20th. You will remember that
Collector Goldman, who collects the rents for this real estate
firm, went to collect the rent for the flats on the morning of the
20th of March. He didn't find any one in, but he peeped through the
letter hole and saw the carpet and furniture still there and went
away. But when he returned the next morning, the 21st of March, the
flat was vacant. And if you remember the other evidence, you will
find that they moved in the evening. Now, why was that flat
rented? Why was this furniture purchased? Is there any explanation
on earth except that it was purchased and moved in for the very
purpose for which it was used thereafter? Why they selected that
flat at 117 South Clark street is not for us to answer. Why they
should have moved the furniture in there first is problematic,
except it was for the purpose of losing the identity and stopping
the tracing of the property from where it was first purchased. That
might have been the object. It is not necessary we should account
for the reason of their having moved this furniture into that flat,
but it is one piece of evidence in this case that follows along the
line of the conspiracy.
THE MEETINGS IN CAMP 20.
"You will remember that on the 8th there was a meeting. On the 15th
they had another meeting in Camp 20, and after that meeting I have
no doubt--and I have a right to talk in this way; it is only my
opinion; it is an inference drawn from the evidence--after that
meeting, I have no doubt that Dan Coughlin, the chairman of that
committee, sat down and talked to John F. Beggs and considered that
they had better notify the district member; that they had better
fix up something to cover up matters in case anything came out
afterward in reference to the affair. So that on the 16th, the day
after their meeting up here--because they meet every Friday
night--Dan Coughlin and John F. Beggs and other committeemen talked
the matter over, and they decided they had better write to the
district officer, Mr. Spelman, and tell him they wanted to find out
something about Dr. Cronin's camp, for when Beggs writes his
letter, he gives the number of the Columbia Club, and says the
report was read in that camp. Well, they think they had better
write to this district officer, and ask him to tell them something
about what they shall do, and inquire of him about a matter they
knew all about. You remember how the answer of Mr. Spelman came
back, that he knew nothing in the constitution that gave him power
to inflict a penalty. They had already, then, passed upon this man.
This committee had already set their heads together and concluded
it was necessary to inflict a penalty, and that is the reason why
this Peoria man wrote that he knew nothing in the constitution that
required him, or that gave him power to inflict a penalty on the
senior guardian for having read the report of the trial committee
in his camp. This was not written in all seriousness; it was
written as a covering for what had happened in Camp 20.
RENTING THE CARLSON COTTAGE.
"This was on the 16th. On the 17th comes back this letter from
Spelman. On the 18th Beggs writes this other letter, in which he
says the time is coming when the men who are creating disturbances
in the Irish organization will find there is a day of punishment.
He had it on his mind he had been conferring with this committee.
On the 18th Mr. Simonds was talking of renting the flat, and when
Beggs wrote this letter in reply to Spelman, stating that the time
is coming when those men who are creating this disturbance would
learn there is a day of punishment, then it was they began active
operations. On the 19th the furniture was purchased and placed in
the flat, so there is no other theory on earth than that it was the
work of this committee, whoever they may be. Well, it does not stop
there. On the 20th of March we find that a man by the name of Frank
Williams appears on the scene. He introduces himself on the
afternoon of the 20th, and I was somewhat surprised that my brother
Donahoe spent a whole half-day trying to show that P. O'Sullivan
was an hour's ride from home at noon that day. This all occurred on
the afternoon of the 20th, and the object of that proof was to show
that this man, Martin Burke, alias Williams, alias Cooper and
Delaney, didn't walk over the plot and talk to P. O'Sullivan after
he rented the cottage. It was to show that P. O'Sullivan was not at
home about that time on the 20th, and I was somewhat surprised that
the learned counsel wasted time on it. Charles Carlson said it was
in the afternoon when this man Williams came to rent the cottage.
He knew positively that it was after one o'clock, but the exact
time he could not state. That is not disputed by any one. So it is
no use quibbling over that alibi; there is nothing of an alibi
about it. It is all as plain as it can be that the renting took
place on the afternoon of the 20th. But, anyway, this man, Frank
Williams, who is loaded down with names, comes and rents the
cottage. The testimony of Jonas Carlson shows that he had a sign
'For Rent' on his cottage; and you must remember that it is just
102 feet from the steps of O'Sullivan's house to the entrance of
Mr. Carlson's back gate, and it is only 166 feet to the corner of
the front cottage, in which this murder was committed.
"There was the sign 'For Rent' on that Carlson cottage; there was
Patrick O'Sullivan, a member of Camp 20, a man who had been saying
that Dr. Cronin was taking deputies into the camp, to say that the
cottage was to rent. He knew that the old folks went to bed at an
early hour; he knew the habits of these poor old people. Patrick
O'Sullivan knew there were but two houses on the entire block on
that side of the street; he knew there were not half a dozen houses
within a radius of three or four blocks. Now, Martin Burke, who
belonged to the same camp, and was present at the time the
committee was ordered to be appointed--Martin Burke, under the name
of Frank Williams, appears on the scene and wants to rent the
cottage. He told Jonas Carlson that his sister intended to keep
house for him and his brother. Now, remember that every time
anything was said about the flat or the cottage the party was to
come from the East. Simonds said his brother was coming from the
East to have his eyes treated, and he wanted to be near the center
of the city for that purpose. This man, Frank Williams, who turned
out to be none other than Martin Burke, a brother in Camp 20,
appears and says his sister is coming from the East. Martin was not
so lavish with his money as Simonds was, because when the old man
wanted $12 a month he wanted him to take $11. Martin wanted to save
all he could out of the pile; but this man Simonds, who had the
bulk of the money, pulls it out in rolls when he was going to pay
for anything. Simonds carried his money just as the trianglers
would carry it, who had been robbing the Irish cause for years, but
Martin Burke, who had been working in the ditches, thought if he
could save a dollar out of the $12 he would do it. But Mr. Carlson
refused to lower the rent and he paid the $12. Then he said his
sister was coming from the East to keep house for them. You can
have no doubt that the cottage was rented by a man named Frank
Williams. Mr. Carlson and his wife, and Charles Carlson and his
wife, who were present, said that he rented the cottage. Charles
wrote out the receipt and signed it for his father and gave it to
Frank Williams. Here are three persons who swore that Frank
Williams rented the cottage. And here is a significant incident for
you to remember. They started out with assumed names. Martin Burke
appears as Frank Williams. If he were renting the cottage for a
lawful purpose, if he wished it for no other purpose than to occupy
it in a legitimate way, to have his sister come and keep house for
him, there would be no occasion for his renting it under the name
of Frank Williams. That is conceded. So, then, he must have rented
this cottage for some other purpose. It was not because he wanted
to keep from paying the rent, because he paid it in advance. That
was not the cause; he did not want to lose his identity in order to
keep from paying the rent. It was for an unlawful purpose that he
went there to rent the cottage. The learned counsel on the other
side can not dispute that proposition. The old gentleman said
Williams went out after receiving the receipt and talked to
O'Sullivan. Now, O'Sullivan did not live a half a mile or
three-quarters of a mile away. You must not think that O'Sullivan
lived at one end of the town and Carlson at the other end. His
place is just across the lot from the Carlsons. The old gentleman
testified that Burke went out of the front gate and walked to where
O'Sullivan was standing at his barn and said, 'The cottage is
rented.' The old gentleman said he didn't understand what else was
said. You remember how hard it was for him to express himself in
the English language, and yet counsel undertook to impeach that old
man by proving what he said at the coroner's inquest. There is no
dispute that he said then he could not hear what Burke said there.
There is no use denying that. He said practically the same thing
here. He said he heard Martin Burke say to O'Sullivan that the
cottage was rented, but he could not hear what else was said. Now,
that is about the same thing. You must have noticed how hard it was
to understand Carlson when he testified in the English language.
Mrs. Carlson said she didn't know where Burke went, but that the
young man talked to her husband, who asked him some questions as to
where he was working. The old gentleman is the only one who saw him
go outside and heard him say this to Patrick O'Sullivan.
"It was quite natural, was it not? Here was Martin Burke, a brother
in the camp, Martin Burke who had met O'Sullivan before, going
cross-lot to speak to O'Sullivan. How did Martin Burke know this
cottage was for rent? How did he know there was a vacant cottage
out there near Patrick O'Sullivan? Who was it brought it to his
ears, unless it was Daniel Coughlin or Patrick O'Sullivan? And you
will remember that one of the witnesses testified that all through
the month of March telephoning was going on between O'Sullivan and
Coughlin. Coughlin knew all about Lake View because----"
Messrs. Forrest and Donahue here interrupted with vigorous
objections, claiming that this evidence was ruled out. The Court
decided in their favor, and remarked that the telephoning was in
April.
Judge Longenecker corrected himself accordingly, and continued:
"But Dan Coughlin was up in Lake View in March; Dan Coughlin knew
the whole ground there. Patrick O'Sullivan lived within a stone's
throw of the cottage. The card was on for rent. A motion was made
in the camp of which Coughlin, O'Sullivan and Burke were members; a
flat had been rented, furniture purchased and placed in it. How did
this man Williams know that this cottage was for rent? How did he
know where to go to rent that cottage unless some one of those
parties had talked to him, either Dan Coughlin or Patrick
O'Sullivan? Those three witnesses swear that Frank Williams rented
it, and do you think that Williams was anybody else except this man
Burke? When the old gentleman was called to identify him he walked
down in front of him and said: 'That is the man.' Mrs. Carlson
said: 'That is the man.' Charles Carlson says, 'That is the man.'
Mrs. Joanna Carlson said: 'That is the man.' There are four
witnesses that swore that Martin Burke rented the cottage. I don't
suppose the defendant's attorneys will dispute that proposition.
"I want to know why Martin Burke rented that cottage. What
explanation is there to give for its being rented? If Martin Burke
rented it intending that his sister should keep house for himself
and his brother, why didn't they keep house? If Martin Burke was
working at the stock yards and even went to Joliet to work; if he
worked for the city in the sewers, why did he go out to Lake View
to get a house? Well, if we can not find a reason for this by
following the evidence, we will give you a pretty good reason for
his not occupying it. My judgment is that he ought to be compelled
to live there for all the days of his life. He ought to be required
to wallow in the blood that there was drawn from the veins of Dr.
Cronin!
"Why didn't he occupy this cottage? We find by this man Mortensen,
a Swede who was driving an express wagon and stood on the corner of
Chicago avenue and Market street, in the neighborhood of Dan
Coughlin's station--this man Mortensen says he was standing there
about 5 o'clock in the evening when a man, whom he identifies as
Martin Burke, came up and wanted him to move some furniture. Burke
had again to 'jew' the man in reference to dollars and cents. He
said: 'You can do it for $1.50.' Mortensen wanted $2, but finally
he agreed to do it for $1.50. He told the expressman to report at
117 Clark street and he would be on hand. Mortensen drove up to the
number given him and found Burke standing at the door. There are
the two men we first see at 117 South Clark street--Kunze, the
little German, and Burke, the Irishman. Kunze had been sleeping
there."
KUNZE MAKES AN OBJECTION.
"I never did," shouted Kunze, rising to his feet and shaking his
fist at the State's Attorney.
"Burke was moving the furniture with another man," continued Judge
Longenecker.
"That is a lie," broke in Kunze again. The little German seemed
very much excited, and it required all the power of Mr. Donahoe to
soothe him.
"There is no attempt to prove," proceeded the State's Attorney,
"that Kunze helped to move the furniture; nobody would believe that
he would lift anything; but this man Burke was there to move his
sister's furniture, and another man with a moustache was there to
help him. They would not let the expressman go up-stairs to help
them. What did they carry down from that flat? Did any one else
move from there that day? No, because if they had it would have
been in evidence here. No desks were moved out. No lawyers were
shifting because they could not pay their rent; no doctors were
moving out because they could not collect their bills; but Martin
Burke was moving his furniture to put into the cottage in which his
sister was to keep house for himself and brother. They carried down
a bedstead, a mattress, a washstand, a trunk. Mortensen didn't see
the valise and the strap, because you will remember that Allen said
the valise and strap were inside the trunk. Mortensen didn't see
the lamp, but he saw all the other articles which this man,
Simonds, bought--this man who thought so much of Burke and his
sister as to buy household furniture for them. The furniture was
put on the wagon, and they told Mortensen to drive to a point in
Lake View, and they would go by the cable. Mortensen went and
waited for them at the place designated. They were late in
arriving, and said the cable had broken down as usual. They drove
up in a buggy, and told him to follow them. They drove to the
Carlson cottage, and the furniture was carried in there--a trunk, a
bureau, a washstand, washbowl and pitcher--all the articles that
were bought at Revell's. The other man is not here on trial; it
does not matter who he may be. It is not for you to stop to inquire
about those we have not got. To take care of the one we have is all
that we are after now.
"You can have no doubt that Martin Burke moved this furniture.
Mortensen saw him two or three times afterward; saw him on Chicago
avenue, always walking on the south side of the street leading to
the station, where Coughlin drew his pay for organizing a
conspiracy against citizens of Chicago. It runs on now to the 24th
of March, and what do we find? March 20 the cottage was rented;
March 20 this man Burke moved the furniture in, which was
identified by Mr. Hatfield. Something had to be done to get Dr.
Cronin out there. 'We have got the cottage,' said the chairman of
the committee. 'Yes, I have rented it,' says Burke. 'Yes, it is
near me,' says O'Sullivan. I am reasoning now from evidence. I have
a right to talk that way. Well, on the 24th of March Dan Coughlin
was in Mahoney's saloon on Chicago avenue, and was seen by Quinn
and Riley talking to P. O'Sullivan near the screen. They were
engaged in a whispered conversation and afterward came up into the
crowd. Recollect that before that Patrick O'Sullivan had been
charging that Dr. Cronin had been taking deputies into the
organization. Recollect that he had charged in open camp that
Cronin had been taking in deputies, and a discussion arose there
between Patrick O'Sullivan and Dan Coughlin about deputies. Then it
was that this man Coughlin said 'if a North Side Catholic doesn't
keep his mouth shut he will soon be put out of the way,' or
something to that effect. That was testified to by Quinn and Riley,
and is undisputed. This man Coughlin, whose mind was full of
murder, being chairman of this committee about Cronin, and about
the object of which he was talking to O'Sullivan, they having been
discussing the question of how to get Cronin to the cottage, it was
in his mind, and he broke out without thinking what he was saying,
without thinking that the words would come back at him in future
months. He says: 'A North Side Catholic, if he doesn't keep his
mouth shut, will be done away with.' Who was he referring to? Dr.
Cronin had charged that the triangle had almost ruined their
organization. Dr. Cronin had charged that the man who was the
friend of Coughlin was a thief and a robber. Dr. Cronin had charged
that this man had thrust innocent men into prison in order to cover
up his stealing. Why was Dan Coughlin thinking then of this
subject? Because he and this man were discussing how they could
induce Dr. Cronin to go to the Carlson cottage; because they were
then planning as to how they could get him there after Martin Burke
had rented the place; this I believe to be the true state of his
mind at that time. I believe they talked it over in that way just
as much as if I had heard it from their very lips."
ENTICING CRONIN TO HIS DEATH.
"This is not all, gentlemen. Something had to be done to get Dr.
Cronin out to Lake View. Dan Coughlin, the schemer and originator,
had put O'Sullivan into a notion of doing something that he had
never thought of before. Nothing had then occurred to show that
O'Sullivan would have trouble with his icemen--nothing to lead him
to believe that there might be accidents and damage suits, and that
he would be in need of a physician. But the idea struck him. Dan
Coughlin had talked with him on the 24th. On the 29th there was a
literary society organized in Lake View, and Dr. Cronin was brought
up to organize it. They wanted to get him familiar with the
country. They wanted to get him used to driving in that locality.
What did he do? This man, O'Sullivan, who was as cold as the ice on
his wagons, goes to the meeting with a friend and helps to organize
this Clan-na-Gael camp in Lake View. They took in Justice Mahoney,
who was a candidate for office. Whenever a man gets running for
office he joins nearly everything, and Mahoney thought it was
necessary for him to join this literary society. Dr. Cronin made a
speech, and it was such a good one that Mahoney said the thing
ought to be open to all the world. My idea is that if Irishmen
should be free, it should be done open and above board. If there is
any reason for establishing a republican form of government in
Ireland, let your speech be open and not in secret.
"When Mahoney went in there he belonged to the United Workmen. That
is a good order. I used to belong to it myself, but I got dropped
for non-payment of dues. Mahoney used to know Dr. Cronin as the
examining physician of his lodge. He used to send men to him to be
examined, and that made Dr. Cronin and himself good friends. Now,
when Mahoney made a speech, Dr. Cronin lauded him to the skies,
stating what a good thing it was to have that man in the
society--that it was quite an advantage to the order to have him.
Patrick O'Sullivan, with his cold, icy heart, took it all in. The
idea struck him at once, 'Here are Mahoney and Dr. Cronin, great
friends,' and afterward he said to Mahoney: 'Do you know Cronin
well?' Mahoney said 'Yes.' 'Is he a good doctor?' asked O'Sullivan.
'Yes.' 'Will you go down and introduce me to him?' continued the
iceman: 'I want to make a contract with him to treat my men.' And
Mahoney said he'd do so.
"Why did that wretch want to employ Dr. Cronin? Why was it he
wanted all at once to have Dr. Cronin attend to his men, when by
his own admission he had never had occasion within the last five
years for a doctor to treat one of his men. By his own admission he
never had an accident during all his ice seasons, except when a
piece of ice once fell on a little girl, but he never had a charge
or a damage suit against him in regard to it. This was on the 29th
of March. Do you think I am stretching it too far when I conclude
that he and Coughlin had talked the matter over and considered what
inducements they could make to get the Doctor out there? Could you,
as sensible men, come to any other conclusion than that this man,
on the pay roll of the city, was then telling O'Sullivan, 'You must
get some scheme by which Cronin will be brought to the cottage or
you will never kill him there?' Why didn't O'Sullivan step up to
the Doctor that night and make his contract? Simply because he
wanted to get the Doctor off his guard. He knew that Dr. Cronin
would at once begin to figure the matter out. He would say, Dan
Coughlin and P. O'Sullivan are great friends, but if Mahoney is
there he would be all right and he would never suspect a thing."
JUSTICE MAHONEY'S PART IN THE PLOT.
"Mahoney said they didn't go down the next day. Then the election
came on, and Dan Coughlin, having been in the habit of running the
election, I suppose, so far as the Clan-na-Gael part is concerned,
was busy. Patrick O'Sullivan, being something of a politician
himself in his neighborhood, had also to attend the election. The
rent was paid for a month any way, so they ran along until the 19th
of April. If you figure that out, you will find it was soon after
another meeting of the Clan-na-Gael Camp--soon after the committee
had a chance to get together. You will find that on the 18th
O'Sullivan left word with Mahoney that he would like him to go down
with him to see Dr. Cronin. Mahoney, acting in good faith, met him,
and they went down to Dr. Cronin's office. Now, we have the object.
We have one of the members of Camp 20 renting the cottage; we have
another member of Camp 20 going to make a contract with the
Doctor. He goes to the office and tells the Doctor he would like to
employ him to attend to his men during the ice season. You remember
what the contract was. They talked about it and figured on the
price, which was finally agreed as $50 for the ice season, or seven
months. The Doctor asked O'Sullivan if he had had any accidents and
O'Sullivan said no, but he didn't know what might occur--that the
horses might run off and hurt somebody. Mahoney testified to this.
Here is a significant fact. It was on the 19th of April that this
contract was made. Now remember that on that day Patrick O'Sullivan
handed the Doctor some cards, saying, 'I may be out of town and my
card will be presented to you.' This is significant when we get to
another branch of this evidence. Now, he reports again to the
chairman of the committee that 'the contract is made; Cronin is
thrown off his guard; Mahoney went with me.' Now, to show you that
he was watching what he was doing, Frank Murray tells us that on
the morning of the 5th of May O'Sullivan told him that he happened
to be down town and met Mahoney, and that he wanted Mahoney to go
with him to make this contract. It was an accidental meeting, he
said. The committee had had a chance to meet and consult again in
the meantime. The furniture was bought; it was moved into the
cottage; the contract with the Doctor was made; they had it all
arranged, and when Spelman comes to the city on the 29th of April
the senior guardian says, 'It is all amicably settled.'"
ALL ARRANGEMENTS COMPLETED.
"But something else must be done. On the 20th of April, the day
after the contract was made, Frank Williams appears again on the
scene. Mrs. Johanna Carlson testified that he came there and paid
the rent, and then she and her son requested permission to enter
the cottage and get a lounge and an old trunk left there by the
former occupant of the premises. Charles Carlson went into the
cottage with Martin Burke. He saw the carpet on the floor and the
bed with its pillows. He didn't notice everything particularly, of
course, but Williams showed him around and helped him out with the
lounge and trunk. He paid the rent again and Mrs. Carlson wanted to
know why they didn't move in. He said his sister was sick in the
hospital and that as soon as she got well they would move in. That
paid the rent up to the 20th of May. Soon after that--the same day
or the day after--Mrs. Carlson, who was worrying, as an old lady
would, about the property, which was their only dependence, talked
to her husband about the matter. The old gentleman went over to see
O'Sullivan. Now why should he go over to see O'Sullivan? The
defense put a witness on the stand to prove that the old man went
over to see O'Sullivan. Why should old man Carlson, who scarcely
knew O'Sullivan, walk over to him to inquire about his tenant?
Because he had seen Martin Burke walk over there and heard him say
the cottage was rented. Jonas Carlson went there and said: 'How
about those tenants? Why don't they move in? Do you know them?'
O'Sullivan said, 'I know one of them. Is your rent due?' 'No,' said
the old man. 'Well,' replied O'Sullivan, 'you will get your
rent--that is all right.' Does not that of itself convince you,
gentlemen, that what the old gentleman swore to as to Martin Burke
going to O'Sullivan was his reason for going to speak to O'Sullivan
on this occasion? Is not that convincing of itself that the old man
told the truth when he said he saw Martin Burke walk out there and
tell O'Sullivan the cottage was rented? But I don't care whether
you believe the statement that the old man heard the words or not.
The fact is nevertheless true that Martin Burke did go over to this
man O'Sullivan, because if he had not, the old man would never have
thought about going to O'Sullivan to ask about moving in.
"After making this contract, O'Sullivan goes home and sits down to
the dinner table, and the first thing he says is: 'If there is any
sickness in the family I have a doctor hired,' and he tells Mrs.
Whalen and all the icemen that 'I have a doctor hired. Any time you
want a doctor send for him.' His contract with the Doctor was not
that he should treat sick people, or treat Mrs. Whalen, Tom Whalen
and their children, and everybody in the neighborhood. The contract
was not for that purpose. It was for treating injuries to his
icemen. Yet he goes home and wants them to understand it right away
in the house. But that is not all. He had given the Doctor a card.
Something must be done. This man, Coughlin, who was on the
detective force for years, and who was signing the pay-roll every
month--this man gave him to understand that something else must be
done. Then O'Sullivan goes to work and has a new card printed in
April. He gets them just before the 4th of May. It is a different
card from the one he gave Dr. Cronin. He had no idea that the new
card would ever land on the mantelpiece of the house where Dr.
Cronin resided; he had no idea that card would ever again face him.
He did not expect this, because they try to prove that he got a
bunch of new cards for distribution. His idea was this: That if
they claimed that the card was presented for the Doctor to go to
his house he could say the town was full of those cards. Don't you
see? He was getting a new card printed which was to be used in
drawing the Doctor out there. But it was never intended to be left
in the possession of Dr. Cronin. If it was they supposed the Doctor
would stick it in his pocket. O'Sullivan had no idea that any
living soul would see that card thereafter. It was for a purpose,
anyway.
"Now we have all this arranged; we have the whole thing 'amicably
settled;' that was the way in which it was to be done. We have the
cottage rented, the contract with the Doctor; now it is all
'amicably settled'--just how we are going to complete the work; we
don't need district officers or outside help; it is all arranged;
the work will be completed."
BEGGS' ENMITY TOWARD CRONIN.
"Now we will tell you about other things in this case before we
come to the 4th of May. You will remember that in September John F.
Beggs was walking down the street with Mr. O'Keefe, and Mr. Flynn,
and they were discussing Dr. Cronin. Beggs said Dr. Cronin was not
fit to belong to the Irish cause. When you brand an Irishman as not
being fit to belong to the Irish cause it means that he is a man to
be held in contempt by the Irish people. Beggs gave as a reason
that he had taken Dan Coughlin in without ever initiating him, and
O'Keefe, said he was going to investigate it. I have no doubt that
somebody filled up Beggs in reference to Dr. Cronin. I have no
doubt somebody stood behind him telling him what a terrible man he
was; that he was always creating disturbances in the order; that
somebody talked him up in this matter until he got to be senior
guardian.
"Up to the 4th of May Dr. Cronin still lived, but all the
arrangements were 'amicably settled.' 'The matter I was writing to
you has been amicably settled,' wrote Beggs. I want to call your
attention to another thing: You remember that about a year ago last
September, about the time that Beggs was talking about Cronin not
being a good Irishman, about that time Dan Coughlin was trying to
get some one to 'slug' Dr. Cronin. Now you must believe that
statement. Here were three witnesses. They did not all swear to the
same point, but all directed to the same thing that Sampson swore
to. You remember that Garrity testified that this man Coughlin told
him he would like to see Sampson, as he had some work he wanted
Sampson to do--that he wanted him to 'slug' Dr. Cronin. Now, if
Garrity is the kind of man that Dan Coughlin's learned attorney
would have you believe, and I don't say he is not, Garrity then is
the kind of man that Coughlin would talk to about this, is he not?
If this man Sampson is in the habit of loafing in Garrity's saloon,
Garrity would be the man that Coughlin would go to in order to get
a word to Sampson; and in order to get Sampson from running from
him, Coughlin told Garrity he wanted to see him. Garrity said he
told Sampson. Sampson took this man Lynn with him. The
conversation, of course, is not in evidence; it was not competent,
but Lynn stands across the street. Sampson didn't know but what
maybe this man Coughlin wanted to run him in; he didn't know but
what it was a job put up on him. You don't suppose that Coughlin
would have sent for a class leader in a Methodist church to do this
job, nor would he send for a banker or a lawyer or a doctor to it.
But he picked up Sampson. He thought Sampson was void of all
respect, and he said: 'Sampson, I want you to slug a man.' It was
just before election, and he said: 'You can catch him some night
when he is coming to his house, because he is out attending
political meetings. I want you to mark him.' He is pretty good at
leaving his mark," exclaimed the State's Attorney, "and he wanted
Sampson to mark Dr. Cronin. What does that show? It shows an ill
feeling, it shows a hatred in this man's heart. That something was
moving in Dan Coughlin's heart that caused him to make this
proposition to Sampson. The attorneys for the defense will insist
that this is absurd, that it is ridiculous and not reasonable.
Gentlemen, there it is, there is the evidence undisputed."
MAJOR SAMPSON'S PART IN THE SCHEME.
"Now, I don't care what you may think of Sampson. Sampson told you
that he played with the shells. He told you he had been in the
bridewell, but never in the penitentiary; he told you he had
followed gatherings and made money in a crooked way--he as much as
said all that. But who was it that was familiar with all this? and
where did the learned counsel who cross-examined him for the
defense learn the man's record, except from Dan Coughlin? How did
they know the history of this man Sampson unless they got it from
Coughlin? How did they know what he had done in Michigan? They
didn't happen to ask him if he was ever in Hancock, Mich. But they
knew all of his doings in Michigan and southern Illinois, when he
was following James G. Blaine. If Sampson was a crook, a thief and
a robber--if he were the man they would have you believe--Dan
Coughlin, in the pay of the city, and not doing his duty in this
respect, was not fit to be on the police force. He must have known
of this. The attorney could not have dreamed or guessed it, because
Sampson says it is so. With all their cross-examination they didn't
even impeach him on these questions. Then how about Garrity.
Garrity says he was arrested for selling liquor without a license,
but the case was dismissed, and Dan Coughlin had charge of it."
"The evidence is that Captain Schaack had charge of the case,"
interrupted Forrest. "Coughlin swore out the warrant."
"But the lawyer insisted," responded Judge Longenecker, "that Dan
Coughlin was the man who got Garrity's license revoked. If this man
was violating the law, and Dan Coughlin swore out the warrant, it
was his duty to prosecute; but they bring Loewenstein on the stand
and he tells you that Garrity's saloon was a place for thieves and
robbers. If that is so, then what is the duty of those police
officers; what was their duty as men put on the force to look after
the interests of this city? It was their duty to forever shut up
the doors of this saloon--forever blot it out of existence, this
robbers' roost, and not to come here and try to break down the
evidence we gathered from the very men who were the associates of
Dan Coughlin.
"Now there is more in that, gentlemen, than you can think of. When
you couple it with Dan Coughlin's expression to Dinan, 'Don't say
anything because I have had trouble with Dr. Cronin--because they
know I am his enemy,' it is very significant. Why did they know it?
He had told Garrity he wanted to see Sampson; he told Sampson he
wanted him to slug Dr. Cronin, and he had whispered into the ears
of O'Connor that Cronin was a spy. He had charged in a North Side
saloon that a prominent North Side Catholic would soon be
destroyed. On every corner he had raised his hand against Dr.
Cronin. In the lodge he moved to appoint this secret committee to
investigate Dr. Cronin, and when you couple it all together it is a
good piece of evidence in this case, as tending to show the
direction in which Daniel Coughlin was moving at the time he
uttered the words."
TRUE TO THE IRISH CAUSE.
"Now, gentlemen, I want to say, before I pass on to the 4th of May,
and I think it is due from me, as a public prosecutor, to say this:
You have seen from day to day that we have called on the stand
unwilling witnesses from Camp 20, and I want to say this, that the
best patriots in the Irish cause to-day are the men we got on the
stand to tell you the truth in reference to this case--Thomas
O'Connor, and Henry Owen O'Connor, Patrick Dolan and Patrick
McGarry. They are the best patriots that have appeared on the face
of the globe. Here are men that stood up in this court-room and
dared to tell the truth of what had happened in Camp 20, and I feel
that it is due upon this occasion to say that the Irish cause never
had better patriots than these men who came afterward and testified
to the truth and to tell you where this hellish conspiracy
originated. They have the nerve to come and tell us where it began,
in order that the law might be vindicated; in order that the death
of Patrick Henry Cronin might be avenged. I say this because it is
due to them. Their evidence is undisputed. It has not been
contradicted; they came out with clean hands.
"As to Sampson, I do not care what the attorney may say in regard
to him. As to Garrity, I think both of them deserve credit for
coming forward and telling the truth in this case. It is not often
that you can get men, who are hounded to death by officers, who
would lead the community to believe that they are the worst
creatures on earth--it is not often that you can get them on the
stand. They stood there for an hour with the counsel, prompted by
the man who knows all about them, to question and put question
after question as to their character."
The State's Attorney, at this point, asked the Court for an
adjournment, and intimated that he would not take more than an hour
further to conclude his address. Some suggestion as to an
adjournment until half-past one was modestly made, but on the
State's Attorney's assurance the Court adjourned proceedings until
two o'clock.
THE FATAL 4TH OF MAY.
On the assembling of court at 2 o'clock, State's Attorney
Longenecker resumed his address to the jury:
"If the Court please, and Gentlemen, as I stated in my opening of
yesterday, I do not desire to do anything but talk about the
evidence. On the 4th of May Dan Coughlin, one of the defendants
here, appeared at Patrick Dinan's livery stable. It was customary
for the Chicago Avenue Station to hire horses whenever they desired
them at Mr. Dinan's stable, which is just north of the Chicago
Avenue Station on Clark street, so that it was not an unusual thing
for Dan Coughlin to go there or for any officer to call for a horse
and buggy, and it was not customary for Mr. Dinan to inquire what
they desired with the horse and buggy. You remember Patrick Dinan's
testimony in regard to this. Coughlin said he had a friend who
wanted a horse and buggy and would call for it about 7 o'clock
that evening, showing that Dan Coughlin was an actor in reference
to this horse and buggy that was obtained from Dinan. He told
Patrick Dinan that his friend would call at 7 o'clock, and at 7
o'clock a man came. Napier Moreland, who was a buggy washer and
worked in the stable, testifies that at just about 7 o'clock a man
appeared there and called for the horse and buggy that Detective
Coughlin had engaged. Dinan was out in the barn. Just then Dinan
came back and the stranger got under the gaslight that was in the
buggy part of the stable and asked for the horse that Dan Coughlin
had engaged for him. Dinan ordered the horse called the gray horse
and sometimes the white, to be hitched to the buggy. There was a
blacksmith named Jones, there getting a horse, and the stranger did
not want the white horse, but wanted the other rig. Mr. Dinan told
him he could not have that; he did not know where it was going and
he knew what this horse was going to do, and Moreland got the old
gray horse. You remember that Dinan said that it had not been out
of the stable for quite a while and had not been driven. This was a
little after 7 o'clock. He wanted side curtains and Dinan told him
it was a warm evening and he did not need side curtains and it
would take too long to put on side curtains. The man, grumbling,
got into the buggy and they put on the hitching strap to it, and
Dinan tells you that this man had a low-crowned, narrow-rimmed
slouch hat. That he did not see his eyes, because he pulled his hat
over his forehead, but his face looked as if it had not been
shaven, and he had a black or a brown mustache. He gives his height
as 5 feet and 7 inches, and said that he had a dirty, faded looking
overcoat. Moreland testifies to the same thing; that the man had on
a low-crowned, narrow-rimmed slouch hat, and that his face looked
dirty, and he describes him about the same that Dinan does.
"How did the horse start when he turned out? It went directly
north. Dinan swore that he was anxious to see the horse drive off,
and he watched the man drive north on Clark street. Then he was
going north. Mrs. Conklin tells you that a man came there a little
after seven o'clock and came to the door and rang the bell, and
that Sarah McNearney and Agnes McNearney were there at the office.
You remember the description of the house; there were two flats,
and Dr. Cronin occupied one front room and Mr. and Mrs. Conklin
used the other front room for living purposes. She states that when
this man came to the door she admitted him into the room. He says
he is in a hurry and wants the Doctor, and the Doctor says, 'very
well; I will be there in a minute.' You remember now that the
McNearney girl, who was sitting outside, says that he had on a
slouch hat with a narrow brim and his face had not been shaven for
some time. He had a very keen eye--his eye was so piercing that she
could not look at him, and he had a restless manner. He said there
was an accident to one of P. O'Sullivan's men; that he had been run
over by an ice wagon, and the Doctor said: 'Why didn't you get a
doctor near?' 'Doctor,' he said, 'here is O'Sullivan's card,' and
Dr. Cronin took it and laid it on the mantel in his own room, and
then wrote out a prescription for Sarah McNearney. Mrs. Conklin
described the man, the same as the McNearney girls, saying that he
had a low-crowned, narrow-brimmed hat, and that his face was dirty
as if it had not been shaven."
THE MAN WHO DROVE THE WHITE HORSE.
"They all agree upon this low-crowned hat with the narrow brim and
the condition of the man's face. The Doctor gathered up the cotton
and splints and a little satchel in which he had his instruments.
The man said: 'I have a horse and buggy here for you.' That
attracted her attention to the window, and she looked out and stood
by the south bay window, and looked down at the horse that was
standing in front of the saloon, and she saw that the horse had an
uneasy appearance, and, in describing the facts, she said that his
knees were in motion. You remember she describes how he was
standing there. Now, Dinan gave just the same description as to his
appearance--that he looked as if he wanted to go but he was not
much of a goer. Frank Scanlon was standing there, and he wanted to
see the Doctor about an arrangement regarding a paper that the
Doctor was publishing at that time, and gives the same description.
Now, here are five or six witnesses that describe this man, three
or four at the Doctor's office, and two at the livery stable.
"Now suppose the horse was not identified at all; suppose it was a
bay horse or a brown horse or any other kind of a horse than a
white horse or a gray horse, and suppose these two men had come
that gave the same description of the man that appeared at Dinan's
livery stable, and other witnesses identified him as the man that
started away with the Doctor to treat one of O'Sullivan's men--keep
that circumstance in mind--that Patrick O'Sullivan and Dan Coughlin
were seen together on the night of the 24th of March, when Patrick
O'Sullivan was to make this contract, that they both belonged to
the same order, and that the contract was made and O'Sullivan says:
'My card will be presented to you if I am out of town.' Take that
circumstance and what have you got? You have men who identified the
horse that Dan Coughlin hired; you have that man driving north on
Clark street in the direction of the Carlson cottage; you have that
man presenting Patrick O'Sullivan's card and demanding the
attention of the Doctor under the contract that Patrick O'Sullivan
had with the Doctor, and you have them driving in the direction of
the Carlson cottage. But that is not all the evidence we have on
that point. Suppose that this is an ordinary horse that can not be
identified, yet Mrs. Conklin tells you that that horse is a horse,
that she remembers it not simply because it was a white horse and
because it came from Dinan's livery stable, but she describes it
from its uneasy motion; she remembers its legs and its knees. She
says it has big knees, and Captain Schaack says it has big knees.
And Mrs. Conklin, looking out of the window on that fatal night saw
those knees. Why does she say that? The last time she saw Dr.
Cronin alive he was sitting behind that horse that had knees that
were wabbly. No wonder she remembers that horse, because she saw it
in the same uneasy appearance that it had the night that Dr. Cronin
was driven away. She identifies the horse from the knees and from
the uneasy appearance, quite as much as if it was white or gray."
The State's Attorney then reviewed Captain Schaack's testimony as
to how he had driven the horse around in front of Mrs. Conklin's
house and as to the question of identification, and repeated his
arguments that it was not the position in which the horse stood,
but its peculiar, uneasy motion that enabled her to identify it. He
considered that the identification of the horse by Mrs. Conklin was
a fact that could not be disputed. The undertaker who arranged for
Cronin's funeral and Mr. Scanlon had also observed the same horse,
and he considered the identification complete.
THE IDENTIFICATION OF THE HORSE.
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The Crime of the Century; Or, The Assassination of Dr. Patrick Henry CroninChapter XXIII (2)
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