Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-10-28
EXCEPTION TO THE RULE.
A Feature of the IronIn Trial Ths
Caused a Sensation.

a Feature OF the trOntn Trial That
Caused - Sensation.
CHICAGO, OCT 2S-The Cronin trial is
loaded with sensations Hardly has the
sound Of one died away before another
breaks loose. So that when one took place
In the course Of proceedings Saturday, it
was looked upon as pretty much a matter of
course. although it involved the ending of
the trial ami the release OF the prisoners.
The peculiar feature OF the matter was that
for the first time, probably, the attention OF
q court YVES called to the impossibility Of in
forcing well-snown rule OF legal practice.
De- Moore was on tho stand as an expert
aud bis testimony was In the nature of cor
roboration of that Of DIR. Egbert, given
Friday, rs to wounds on Dr. Cronin's head,
and their necessary result-that of death.
When the cross examination was taken up
by Forrest he asked witness whether ne had
read the testimony of DR.. Egbert in the
morning papers, and Dr. Moore answered
that he had Forrest thereupon moved that
Moores testimony be stricken out and Judge
Mcconnell sustained the motion.
tn. Rule and Its Purpose.
Judge McConnei1s ruling was in con-
formity with the rule excluding witnesses
10 any case from a court room while the
testimony In the case is beng given. OF
course such a rule can have but one object, and
that Is TO prevent one witness from hearing
what another witness testifiss to and APP
pareutly. also, from knowing what is testifisd
in order that there may bs no collision be-
tween witnesses But tue daily papers now
print verbatim reports of every particle of
testimony introduced in the case, so that any
one who can read can thoroughly infor IN
himself on the subtect-can make a study OF
II, II he desires II he can not read some one
who can may post him, and collusion be-
tween witnesses becomes a simple matter.
Eject OF the Decision.
The ruling was hardly out OF the judges
mouth when Lawyer Hynes was ON his feet
with the exclamation: "rhis case NAV as
well bs adjourned at this moment" There
was no doubt of g., no necessity for the
wordy war that took place between the op-
posing counsel; the judge and everybody
else could ses that the state had no case II
those who had read the testimony as printed
IN the papers could not testify. 1t would be
impossible without imprisoning them to pre-
vent the witnesses from knowing what went
on IN the courtroom. Mills, in opposing the
motion, said regarding the rule excluding
witnesses from tue court: mo restriction
was placed on the witnesses, save that they
should not be In the courtroom or hear the
proceedings No suggestion was made re.
stricting the witnesses from reading the
newspaper"
Forrest's Reply to Mills.
In answering Mills remarks Forrest said
that the purpose of the order was we'll
known. 1t was to keep witnesses from know
ing tue 4 testimony OF each other on the
branch of a case in which they are to testify;
and he vigorously urged the judge to stand
by his ruling. But the judge was not pre-
pared to take the responsibility of killing
the case, and he promptly rescinded the
ruling aud admitted the testimony. He said:
-Ihe rule OF exclusion evidently Is Tor the
purpose uf preventing tbs witnesses WHO
are excluded from knowing what ths wit
ness on the stand said, either for tho pur-
pose OF affirming or contradirtng their tes-
hmony. But that rule was probably con-
ceived at the time when most Of the rules
pertaining to the jury were conceive be
fore the newspapers took such pains to pub
lish all the proceedings | can easily
see that II / should enforcs the rule In its old
spirit criminal trials and great many civil!
cases could not be proceeded with-it would
lie impossible"
The Livery Mans Testimony.
This incident being ended every body held
uiS Oitheh Us Juuge LOnSenecker SAIL "Cau
Patrick Oman" The proof OF the death Of
| DIR. Cronin and that 1t was the result of muir
der was in, and now tbs state wa. going on
to show who killed him. Oman is the man
from whose stable the rig was hired that
carried DIR. Cronin to his violent death, and
Oman was the man who was to prove Dan
Coughlin's connection With that part Of the
conspiracy. In brief, he said that Coughlin
called ut the stable on the afternoon OF the
day of the murder and told him to let man
who would call that evening have a rig. The
police officers frequently did this and it was
thought nothing Of About Z o'clock that
evening the man called and was given q
white horse and top buggy, the side
haps OF the top being wanting to which
the man objected, but finally took the rig
and started north-in the direction OF
Cronin's office On May Oman saw
Coughlin and the detective told him that he
(Coughlin) and DIR. Cronin were not on good
terms, and therefore he requested Oman to
say nothing about the matter. Later Cough
lin told Oman that his friend who took the
rig had gone to New Mexico Still later
Coughlin told Oman that he was a weak
ener, and that IL he tCoughlin) had any dirty
work TO do he would not let him into the
secret. The above in brief was what Oman
testified, and at the close Of his svidsnce
court adjourned for the day.