The Crime of the Century Part 43

"I don't think," remarked Judge McConnell, in a mildly expostulating tone, "that we ought to refer to that, or draw any inference from it."

"I think," responded Mr. Hynes, "I have a right to speak about the locality from where a party comes, but I bow to your honor's suggestion in the matter. At any rate, gentlemen of the jury, I can argue from dates. He arrived here on the 3d of April, but on your honor's suggestion I withdraw anything of that kind and wish the jury not to consider it. It is not a thing I should refer to, according to his honor's suggestion, and I don't want you to consider it, but consider this, that Mulcahey was the first to arrive on the scene here. Knight came afterward; Brennan came afterward; I don't know when Boyington began to appear there, but three men came to O'Sullivan's after Mulcahey arrived. He was not working for O'Sullivan but he was taken right into O'Sullivan's own room. Mulcahey says he was out about 8 or half past 8 o'clock. He does not say he was out himself; I don't know whether he was or not, but he says O'Sullivan was out in the yard about that time. It was dark at eight o'clock on the 4th of May; that is, I mean it was night, and as dark as it can be with the stars s.h.i.+ning and a quarter moon. The moon went down about 11 o'clock that night. It was off in the southwest, nearly south at that hour. It was s.h.i.+ning in on the south side of the Carlson cottage. There was a man there.

They didn't know whether they had been seen or recognized or not.

They didn't know whether more than one man was seen or not. At any rate, there is a confession that at that time Patrick O'Sullivan was out of the house."

The speaker went on to consider the testimony of Nieman, the saloon-keeper, and said that it was proven beyond a doubt that Coughlin, O'Sullivan and Kunze were in the saloon late on the night of May 4th. There was no earthly doubt about it. If there were, he would ask that the defendants be acquitted. All the facts and all the evidence tended to show that the saloon-keeper was accurate in his dates and correct in his statements, and there could be no mistake about it. The counsel went over Kunze's connection with Coughlin, Coughlin's alibi so far as it related to the night of the murder, the peculiar circ.u.mstances surrounding the curious Smith, the ident.i.ty of Burke with the man that rented the Carlson cottage, and the connection of Kunze as a tool of Coughlin with the conspiracy, and urged that every circ.u.mstance pointed conclusively to the guilt of these defendants. The identification of Coughlin by Mertes, the milkman, was beyond peradventure, while the telephone messages that had pa.s.sed between Coughlin and O'Sullivan showed the extent in which they had been in commadeation. Numerous exceptions to the statement of the speaker were made by Counselor Donahoe and other attorneys for the prisoners, but the speaker proceeded without paying apparent attention to these interruptions. The alibi provided for Burke was shown to be unreliable, and the charges against the triangle, the row in Camp 20 and the appointment of a secret committee to try the physician were dissected at length. The evidence of witnesses regarding the memorable meetings of that body, taken in connection with Beggs' mysterious actions and his correspondence with Spellman, of Peoria, showed beyond a shadow of a doubt that the conspiracy to accomplish the ends of the opponents of Dr. Cronin had existed.

Mr. Hynes proceeded to contend that "the trunk was bought and the valise was bought, the scheme was designed of stripping the clothes from the body for the purpose of hiding the corpse and of raising the cry to satisfy those to whom Dr. Cronin had been denounced as a spy that he had taken his leave and gone away to the other side of the water to give up his information and deliver himself and all that he knew into the hands of the British government. If his name was once successfully connected with the word 'spy,' if plausible proof were adduced that he was a spy for the British government, these lies, accusations against the triangle, would be as idle as the wind. His fate would have been regarded as no more than just by Irishmen devoted to a cause which they believed to have been betrayed. It was the interest of the reputation of the men who were attacked on a charge upon which he had collected evidence; it was the interest of the suppression of the conclusion he had arrived at; it was the interest of the men who were exposed by the honest investigation and courageous report; it was the interest of these men that Dr. Cronin should not be understood to be murdered in this country, because to be murdered here was to confess the truth of his charges. If those charges were untrue, if they were without foundation, if there was anything wanting in the evidence of them, gentlemen of the jury, there would be no occasion for killing him.

No man was ever killed that way for a mere personal hatred. He must have the evidence of these men's robberies and wrong-doings to prove his a.s.sertions, and it was in the interest of their reputation, in order that they might continue to plunder and rob, and impose themselves upon a sacred cause, that his reputation was to be attacked and his memory branded as that of a spy killed upon British soil. The evidence in this case, gentlemen of the jury, that immediately after the disappearance of Dr. Cronin we had the a.s.surance from John F. Beggs that he was all right and would turn up. Then we had Mike Whalen, who testifies that the dispatches showed he was seen here and there and elsewhere--that he had run away, that he had gone away--where? Gone off to report to the British government in London. That was the suggestion. It was not sufficient. It was not sufficient that he should be killed, that his life should be stricken out by a foul and cowardly murder without trial and without warning, behind his back, that his sins should be visited upon him, but his reputation must be stamped to death, his standing among Irishmen must be a.s.sailed as a man utterly and entirely fallen and disgraced and his character generally arraigned and pilloried as that of a spy and a renegade in the interests of those men in whose interests he was killed."

HOT SHOT FOR THE PRISONERS.

Mr. Hynes resumed his address at the opening of court on the following day. He denounced the prisoners as members of a band of blood-thirsty conspirators, and dealing with the case against Beggs, urged that the whole of the testimony showed conclusively that he was identified with the crime. The alibi for the white horse was considered at length; the speaker taking the ground that the identification of Dinan's animal by Mrs. Conklin and John T.

Scanlan, Jr., was conclusive. Continuing Mr. Hynes said:

"I call your attention to the fact that not from the opening to the close of Mr. Donahoe's speech was one word said in condemnation of the murder of Dr. Cronin--not one adjective used to describe it, not one sentiment of dissent or dissatisfaction, disapprobation or condemnation of that crime, that stands out as the blackest and reddest of modern times. 'I do not know whether Dr. Cronin was a spy or not,' says the representative of P. O'Sullivan, addressing this jury, 'and I don't care.'"

"That is right," interrupted Mr. Donahoe, "I don't care anything about it."

"No, sir," said Mr. Hynes, in an impa.s.sioned tone, turning around and facing the attorney for O'Sullivan, "but as an officer of the court, as a law-abiding citizen, as a member of this human family, as a Christian gentleman, I hope, and as a man with the common instincts of mankind--in mercy's name, in decency's name, in humanity's name, find somewhere within the possibilities of your character an impulse to denounce a murder so infamous as this, if you dare to do it with your client's retainer in your hands."

"Not one word of condemnation, gentlemen," continued Mr. Hynes to the jury; "not one word of defense in the memory of that brave, courageous, honest man, whose only fault--a fatal fault--was his honest courage, when these cowardly fiends a.s.sembled in their numbers in that room, with a dim light, and after the door was closed behind his back, his heart throbbing with sympathy for antic.i.p.ated suffering, with anxiety for the relief of human pain; scarcely had the door closed upon his back, when these cowardly murderers fell upon him from behind, and, like the miscreants they were, beat out his life.

"Oh, gentlemen, what savagery and brutality is palmed off for patriotism! Many and many a hot and rash act has brought calamity and suffering and shame to the face of the Irish people, but in all their history in the past, and in all the history that they can make in the future, this will stand out as the one conspicuous monument of shame, casting its dark shadow upon the reputation and character of an honorable and generous race--a race who, as a rule, sympathize with the suffering, sympathize with the weak, and are rarely, if ever, cowardly. But that honorable and courageous sentiment, when it is perverted, and when it is violated, the higher the height of generosity from which it fails, the more calamitous the break and the greater the destruction that it causes."

Speaking of the discovery of the body and its condition, the orator said: "The 'Agnus Dei,' the emblem of his faith and his religion, was around his neck. I suppose that these men thought that they were prompted by a religious sentiment, when they saved from touch and left upon his remains the 'Agnus Dei,' the symbol of his faith.

I suppose these men think that there is a religious sentiment in that. A sentiment that can beat out the life and violate the ten commandments, and the divine decree issued from the mountain, 'Thou shalt not kill,' and still leaves a religious emblem around the neck, is but superst.i.tion; it is not faith; it is not religion; it is not morality. And, gentlemen, do not think that it represents the conscience of the Catholic. It does indicate one thing; that the men who killed Dr. Cronin, stripped him of his clothes, and put him in the catch-basin, had some respect for that emblem. That is all that it indicates, and it simply helps to identify the men who committed the murder. They would not desecrate it upon his neck by tearing it from his dead body; they would give him that advantage after they had killed him, as they thought. But they could bury that emblem, that they thought sacred in a sewer."

Mr. Hynes concluded his speech in this form:

"Oh, there is no conspiracy behind! There is no citadel of crime, your Honor," suddenly turning around and addressing the Court, "of which these men are simply the outworks! There is no dark nest of criminals behind these to be uncovered, and uncovered only in the face of dire results of the awful crime that they have committed!

"And committed for what? What was the motive? Judge Wing appealed to you, and Mr. Donahoe talked to you as if a prejudice of race or religion had any place in this trial. Did it ever occur to any man connected with the prosecution or the defense that any question of that kind could enter into the b.r.e.a.s.t.s of this jury? Do you think that Judge Wing or Mr. Donahoe has any apprehensions of that kind--that these men should be punished because they are Irishmen, or because he says they are Catholics? They may be Catholic in name. I do not know whether they are Irishmen. Burke, it appears, was born in Ireland, and Donahoe made a point when an inquiry was made of Colleran, as to what county he was born in, and it appears he was born in the County of Mayo. Why was that inquiry made?

Because Colleran was from Mayo, and it was simply to show that they were neighbors and came from places within a few miles of each other. Simply to show to the jury that we had to go to his friend to get whatever information we could, and to show the earnestness of that friends.h.i.+p. In that Mr. Donahoe discovers an attempt to appeal to the prejudices of this jury against the County Mayo man.

"Gentlemen, Judge Wing solemnly submitted to you a proposition that he did not know how you might feel as to the right or duty of an Irishman, separated from the land of his birth, taking an interest in the affairs of that land after he has become a citizen of the United States. I am not here to criticise an Irishman's right to do that; so far as I have anything to say on that subject it would be for me to defend it, because our country, first, last, and all the time, is for the right of humanity the world over, and where humanity is suffering, and where liberty is trampled in the dust, there I think is to be found the cause of the true devotee of freedom. It is a natural thing that an Irishman, born in Ireland, or even the son of a man born in Ireland, should take an interest in that land and in its struggle for national recognition and for self-government. There are very few American citizens who do not sympathize with that effort. I justify every legitimate and honorable endeavor of every Irishman to better the condition of his native land, but let it be done as Was.h.i.+ngton did it; let it be done as Emmet attempted to do it--in honorable, open, manly and legitimate endeavor to establish self-government, and not by making war upon defenseless men and women and attacking the lives of non-combatants.

"For the past nine or ten years, when these acts have been charged on the triangle, and when these lawless, fruitless and destructive acts of the Irish cause have been charged against the triangle----

"I except to these remarks," said Mr. Donahoe. "There is no evidence to that."

"I suppose that the speech of Tom O'Connor," said Mr. Hynes, "that these men had been sent to English prisons, is not considered in evidence by the gentleman."

"There had been conversation of that kind," remarked the Court, and the objection of Mr. Donahoe being overruled, Mr. Donahoe took an exception.

"I apprehend," continued Mr. Hynes, "there has not been a rational, thinking and intelligent Irishman who has not recognized the fact that every one of these acts was embarra.s.sing if not destructive to the cause of Ireland; that every one of them simply met as an echo a new penal act or an act of coercion on the part of the English government, and crippled the hands and silenced the voices, even, of the true champions of Ireland making their fight under Mr.

Parnell. Anything of that kind, I am willing to join with Mr.

Foster in saying was a perversion of the purposes of the organization to which these gentlemen belonged; a perversion of its intent; a departure from its policy and its methods; and, as I said last night, invented by them, not for the cause of Ireland or to serve its ends, but simply as a means to excuse and cover up the disappearance of money that had been stolen.

"Some allusion has been made by Mr. Donahoe to myself. I do not propose to refer to it, except in one respect. What possible personal motive could I have, except the motive that every citizen should be actuated by, and that should control the conduct of every lawyer engaged in the prosecution of a great case like this? Should I fail in my duty when invited into this case by the State's Attorney to a.s.sist him in its prosecution? Was the fact that I first saw the light of day in the same land that Martin Burke did, going to embarra.s.s my conduct or to hinder me in the performance of my duty in any respect? A scandal to my profession, and a shame and reproach to my people, would I indeed be, if for one moment I forgot my simple function of an American lawyer, in an American court, before an American jury, pleading for the vindication of American law. If these men, unfortunately situated as they are to-day, have been personal enemies, I do not know them. I certainly have no personal feeling; I contemplate them only with pain and with regret and with shame. I never saw one of them before the commission of this crime, except John F. Beggs, and I a.s.sure you that although I had seen John F. Beggs, and had spoken with him and had a very slight acquaintance with him, I did not know that the man indicted under that name was the prisoner at the bar, until the first day that I came into court here. Whatever relation I had with him was not of an unkind character; so that I come to the trial of this case free from the impulse of personal motive--having no anxiety except an anxiety for the punishment of crime, the vindication of the law, the maintenance of its majesty, the sanct.i.ty of human life, and the punishment of the foulest crime that has blotted the calendar of this State, or of any other State of this American Union.

"Now, you have listened to me with patience; I thank you for your attention through the desultory speech that it was necessary for me to make after the exhaustive and able manner in which the people's case had been presented to you by the two distinguished gentlemen who preceded me, Judge Longenecker and Mr. Ingham. In leaving you, gentlemen of the jury, and this case and my a.s.sociates in it, I trust I leave it without any trace of personal feeling toward anybody--counsel or anybody else in this case. If, in the sharp fight of a lawsuit--of a trial like this--under the spur of combat at times, I have said or done anything that has wounded the feelings or hurt the sensibilities of any man, no matter who, I am sorry for it. I want you to take this case. It is a great case and a serious case. There never was a greater nor more serious duty devolved upon any twelve men on G.o.d's earth. It is as sacred and as important as the duty of the soldiers who went out to fight for the flag and maintain the unity of the States and the sovereignty of the Const.i.tution. I commit it to you with all its awful solemnity; with all its awful responsibilities, feeling confident that in the breast of every one of these twelve men beats the heart of an honorable, honest, a patriotic and a law-abiding man; that your verdict will be the verdict of your conscience--a verdict that your consciences and judgments will approve and that the Court will ratify, that G.o.d will sanctify, that will vindicate the law and commit the guilty to a just punishment."

FOSTER'S PLEA FOR BEGGS.

At the conclusion of Mr. Hynes' argument, Mr. Foster, who appeared specially in behalf of John F. Beggs, claimed the attention of the Court. Among other things he said:

"Dr. Cronin was murdered. A more dastardly and heinous murder, a more atrocious and cold-blooded murder, in my judgment was never perpetrated. Are the gentlemen for the State satisfied with that?

In this connection allow me to urge you to pause and consider. You remember what it is to which I refer. Whatever you may see of error on the part of counsel, in the name of heaven don't charge it on the head of his client. Don't charge the forgetfulness; don't charge the investigation; don't charge the bad judgment of the lawyer upon the head of the client he is attempting to represent.

The man who does not say that the murderer or murderers of Dr.

Cronin ought to be punished is a man whose friends.h.i.+p I don't prize, and whose citizens.h.i.+p, in my judgment, we can get along better without than with. Those are my sentiments; that is my belief; but in the name of G.o.d, gentlemen, must an innocent man suffer because of a crime which we concede as being perpetrated in our midst? Are the minds of men to be inflamed, are men to lose their reason by visiting vengeance on a man who is charged of the diabolical crime of the murder which is being investigated here?

"These are the questions to which I direct your attention to some extent. Because a man has espoused a cause, because a man is identified with a clan which may not meet your approval or may not meet mine, that is no reason, no excuse under heaven, why his life should be destroyed. And I thank my friend, Judge Longenecker, for the statement which he made at the very threshold of this case as to what the issue involved really was. In his opening he used this language in reference to the Clan-na-Gael Society: 'Remember that we are not called upon to try the Clan-na-Gael organization; we are not here to prosecute that organization or to defend it. If that organization has no right to exist, then it is the duty of the government under which it exists to take hold of it. It is not the duty of those trying the criminal case to settle that question. As I said, no matter what our feelings may be in regard to this, no matter what our ideas may be about an organization formed to make war with a country at peace with ours, we are not called to try that question, and you are not sworn to try that issue.' Gentlemen, every word of that is true."

Mr. Foster then went on to comment upon the questions relating to prejudice on the part of the jurors put during their examination.

He said that those questions were proper and wise, because it was needful to ascertain if they entertained any religious or radical prejudice. Then he said: "John F. Beggs must be convicted of the murder of Patrick H. Cronin, or he must be discharged. There is no question here as to whether he is a Protestant or as to whether he is a Catholic. There is no question here as to whether he is a Clan-na-Gael or whether he is not. He is a murderer and must be punished for murder or he must be discharged by your verdict. The issue is simple--easy to understand. No intricate pleadings are needed in this case; no intricate issues are involved. The plain and simple question is, did John F. Beggs kill Dr. Cronin? Not necessarily with his own hand, but was he a part and parcel of a conspiracy to destroy the life of Patrick H. Cronin? Freed of all rubbish, that question is left to your consideration and no other.

There are some things, gentlemen, of which I complain in this case, and I believe I have a right to complain of them. The law in its wisdom has provided means for the punishment of crime. One of the most important offices in the State of Illinois, one of the most remunerative offices is the office of State's Attorney of Cook county. Why is that office sought for? Because it is honorable, because it is remunerative, and the lawyers are few who would not gladly a.s.sume the responsibilities of the office of public prosecutor. The law not only provides for a public prosecutor, but it provides for five a.s.sistants. Mr. Foster then referred to the importance of having a competent and trustworthy man for this office, and then remarked that it was singular that the State's Attorney with his five a.s.sistants could not attend to the business of the county." At this juncture he made it evident that he was opposed to the appointment of Mr. Hynes to a.s.sist the prosecution, for he said:

"No sooner was there an arrest made on account of the murder of Dr.

Cronin than war was declared in the opposing camps of the Clan-na-Gael in Chicago. It was war to the knife, and the knife to the hilt, which has been kept up incessantly from that time to this. What was the first thing to do? Employ a good lawyer. Not satisfied with the provisions of the statute to which I have referred--not satisfied with the ability of my learned friend, Judge Longenecker, and all his a.s.sistants, they looked for another man. They cast about for a man of extraordinary ability to come to the rescue and hang the lot of opposing Clan-na-Gaels, and as they cast about for the man, he, who of all others is a power before a jury, the man who first attracts their attention is the man who last addressed you--a man whose home is in the courts--a man who only lives to address juries, and by addressing juries and courts--a man who can win cases before juries regardless of the facts by the power of his ingenuity and his eloquence. That is the man they want; that is the man they will have, who, in addition to the power I have referred to, is a partisan in the conflict, an Irishman and a Clan-na-Gael of the opposing faction. What other man among the two thousand lawyers at the Chicago bar except William J.

Hynes, is the man to whom their attention is called?"

Having commented on the able arguments of Mr. Ingham and Mr. Hynes, Mr. Foster said:

"All I desire that you should do, gentlemen, is this: After the arguments are finished, when the silvery-tongued orator is done and you retire to deliberate upon and consider your verdict, sit down and wait until your blood is cool, sit down and wait until calm judgment and cool discretion take the place of frenzied emotion, before you act, and by your action commit a deed which shall haunt you to your grave.

"Only a century ago Ireland blossomed as a rose. From the center to the circ.u.mference of that beautiful isle the smoke-stacks opened their black mouths toward the sky. Throughout the length and breadth of the land the fires glittered and gleamed upon the forges of industry, and everywhere the buzz of the spindle and the clatter of the loom were heard. Among the ill.u.s.trious names which history gives us we find among them some of the grandest statesmen, some of the most eloquent orators and most learned scholars that ever lived upon this earth, either in times modern or ancient, were the sons of the Emerald Isle. But how have the mighty fallen! Armed forces have invaded the territory; the jury and the courts have been superseded by the drumhead court-martial; coats of tar and feathers have been resorted to; men, women and little children have been publicly whipped; the parliament has been stolen away; the smoke-stacks are cold and crumbled, and fires are out on the forges and in the furnaces, and the spindle and the loom are still."

Counsel read selections from the address of John F. Beggs to President Harrison at Indianapolis at the time he visited that city with the Irish national committee, and also President Harrison's reply to the address of the organization, and then said: "Do you question for a moment the loyalty of the Irish people in America, and would you condemn them for their loyalty to their mother country? It is not charged in this case that the Clan-na-Gaels are dynamiters. If it had been my brother Hynes is the only one connected with this case who could give you reliable and full information on that subject, because he is a dynamiter. It may possibly have been that some men would think that by throwing a little dynamite into England it would set Englishmen thinking favorably of the project of that old statesman, Gladstone, to give to the Green Isle liberty to govern herself. Or perhaps it might have been regarded as a matter of retaliation for the suffering and indignity which the sons and daughters of the Green Isle had encountered for years. I do not know anything about it and therefore shall not refer to it.

"Now, gentlemen, I have got an unpleasant duty to perform. I realize the fact that when we step upon the narrow walks of the city of the dead we are treading upon sacred ground. He who speaks of a soul departed in any other than words of commendation had better weigh well the purport of his language. Human charity is ever willing to bury with the bodies of men all the evil which they do, and remember only their virtues. That is commendable. That is right. Yet, gentlemen, I say I have a painful duty to perform because of certain expressions made by my client during the life of the man whose soul is now in eternity, and in order that I may protect his life I feel that I am justified even in censuring the conduct of the man during life, who has pa.s.sed into eternity. The man who supposes or has supposed that Dr. Cronin, while here on earth, was an angel in disguise, is very much mistaken. Now, is that hard to say of a man who is dead? I hope you do not misconstrue the purpose for which I have stated it, or the object I have in view, but because my client has given his opinion while Dr.

Cronin was alive. I have a right to give it so long as my client is alive in order that he may live, and that my language may be understood and justified in every regard. Whether or not this is an illegal organization, whether or not the dynamite policy existed as stated by Judge Longenecker in his opening argument, whether or not the purposes of the organization are to send dynamite to England and there to destroy human life and the lives of men and women and of children, as my friend says, I know not, but if that was the object of the organization the most active member and the promoter of the society and the purposes of the organization was Dr. Patrick H. Cronin.

"To that statement I emphatically object," said Judge Longenecker.

"We wanted to prove the reverse of that, and that Dr. Cronin was expelled because he bitterly opposed the dynamite doctrine, and we were not allowed to do it. It is not right to make such an a.s.sertion against a dead man, and, for one, I will not sit here and listen to it. So far from Dr. Cronin ever taking a dynamite policy, so far from his being an active member in furthering such a purpose, we wished to prove that he wrote a circular bitterly opposing the dynamite policy, for which he was expelled from his camp. It is not right, it is not manly to charge upon a dead man something that is entirely without foundation and opposed to the truth."

"I claim that I have the right to argue that he was an active member in that project," retorted Mr. Foster, "because the gentleman shows that he organized camp after camp in this city and organized them on one basis."

"And that basis was diametrically opposed to any dynamite policy and also opposed to the triangle, which dictated that policy," said Judge Longenecker. "If Cronin were here and could defend himself it would be a different matter."

"I do not know of any testimony from which you can argue that there was any dynamite policy, Mr. Foster," said the court. "I certainly do not know of any such testimony, and therefore I do not think I can permit you to proceed on that ground."

"It is in testimony that the dynamite policy of the organization was approved, because they were all reunited," said Mr. Foster. "I know what Hynes has said and I claim the right to reply to him unless the gentleman for the prosecution particularly desires to interrupt me. He does not disturb me at all but simply interrupts me."

"I shall interrupt you just as long as you unjustly attack a dead man who can not defend himself," said Judge Longenecker.