New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-30
WOODRUFF ONLY SHUT OUT.
ALL THE OTHER CRONIN SUSPECTS MUST
STAND TRIAL TOGETHER.
JUDGE MCoNNELL's DECISION TAKES THE DE
PENDANTS BY sURPRIsE-rHE TRIAL
TO PROCEED TO-DAY.
tBI TELEGRAPH TO THE TRIBUNE


Chicago, Aug. 29.-The announcement by Judge
Mcconnell that he would decide the motions for
separate trials made by the alleged murderers of
DR.. 2. II. Oronin drew a large crowd to the Criminal
Court this morning. Precisely at 10 O'Clock Judge
Mcconnell ook hfs seat the beach, the clerk raped
for order, and the decision rendered. To the
surprise Of the audience Judge Mcconnell decided that
all the defendants must be tried together with the
exception of Frank Woodruff He said that In view
Of Woodruf's confession It would be manfestly un-
fair to allow him to 60 trial with the others. All
the defendants then took exception 10 the ruling Of
the court refusing them separate trials, and the Judge
granted twenty days in which to file bills of exception
The attorneys for the various defendants then ex-
pressed themselves as ready to proceed with the trial
The decision in substance Is as follows;
Daniel Coughln for separate trial. asking that
his may be separate from all the other defendants
Martin Burke and Frank Woodruff each make similar
notion Patrick OSullvan motions, one that
be accorded trial separate from the defendants Burke
and Coughn and the other that his trial may be severed
from that OF Woodruff.
The form Of Indictment, and particularly the char
aoter OF the evidence relied upon by the State, indicate
defendants be convicted only upon
the establishment Of conspiracy to murder
Dr. Cronn and also OF the further fact that they were
Of that conspiracy These defendants therefore,
respect be injured prediudiced by evidence
tending to the completely OF others In the alleged
murder unless it shall be established first, that there
was conspiracy and second that they and the others
were united In that conspiracy.
The Judge now presiding cannot presume that improper
evidence will be admitted the trial. nor can he pre-
sme that the trial Judge win take every precauton
when the case finally submitted to the jury that no
defendant shall be unduly prejudiced by any evidence
which during trial shall be admitted as against some
OF the defendants which may not be competent as to all
the others. must also presume that the trial 1udge
will not even permit the jury to speculate upon the truth
or innocence defendant unless he believes that there
is sufficient competent evidence against him TO sustain
conviction These considerations satisfactory TO me
in denying a severance trial far ground for
separate trials Is upon the evidence OF facts prior
TO the time of murder and all matters subsequent
thereto except only the alleged confessions OF WOODRUFF
am unable to how the other defendants can be
tried with him without greatest embarrassment In
his series confessions he has IN way and another
implicated nearly all defendants His confessions are
competent evidence against him. and almost necessarily
when he sitting the dock with them would be fatally
njurou. TO others Tho prisoners are entitled to
am persuaded that authority reason and simple justice
REQUIRE that the other should be tried separately
from Woodruff
The motion, therefore which shall sustain Will be
the motion Of OSulivan for trial separate from that OF
woodruff Necessarily that will lead the sustaining
Of Woodruff separate trial. although 1t does not de-
serve the consideration the other applications do The
other motions stand denied.
The court then adjourned until o-norrow.