The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-12-14
THE LIVES OF FIVE MEN AT STAKE.
Judge Mcdonnell Charges the Jury
in the cronin Case,
After States Attorney Longenecker
Closed the Long Arguments.
No Verdict Up to II O'Clock, When
the Court Adjourned.

CHICAGO, December 13.-The court room
at the Cronin trial was thronged today to its
utmost. States Attorney Longenecker made
the closing argument in behalf of the state
owing to the Illness of Mr.. Mills. He said
when the last of the counsel for the de-
PENDANTS arose to address you. in a three
days'Iargument, for the first time, you as
jurymen, and we, as the representatives of
the people, were notified of the theory of the
defense that this was great conspiracy on
the part of the people, conspiracy to mur-
der under the guise of the law. The gentle
man was so earnest in that statement that
he carried it all through his argument to the
jury. Now, gentlemen, if that is your no
tion of this case; if you believe conspiracy
exists to murder Martin Burke and these
other men on trial, you ought to acquit; you
ought to recommend to his honor that the
counsel representing the people of this great
state be indicted and tried for murder"
gament Of MI. Foster, in behalf Of the de-
fendant Beggs, and replied to it at length,
arguing that the proof showed that Beggs
was party to the conspiracy. He paid ex-
tended attention to the case against Beggs.
hmOuB OtuCl tulueo buC opcdhCt odlu w uy
did he wait from the 8th day of February
until the 10th? Because on the 18th he pre-
sided at meeting again, when the min
utes were approved and Zen those who
were ignorant of the object of the appoint
ment of the committee sat there, and ap-
We have the approval of the camp. They
could say then to their dupes, if they were
dupes, they could say then to the man who
was to raise the bludgeon, The camp is be-
hind u.s.
''Cronin was showing to the order that
these men were thieves and robbers, yet
Beggs said he was opening old sores, as he
said when they were talking of the same
thing on the 22nd. He said: 4 am friend
of Alexander Sullivan yet Alexander Sulli-
van was not then member of the camp and
not then in the order"
The States Attorney went on TO say that
Beggs's letters to District Member Spellman,
asking him to investigate Cronin's conduct.
were to cover up the work of the secret COM
mittee of Camp 20 and that was the reason
public. Beggs, he said, was lawyer, an
educated man, man Of ability; instead of
being innocent, he was at the head of the
conspiracy. The chain of evidence binding
him to the crime was irrefragable. The
speaker took up the question of the relation
which the various circumstances testified to
have to each other and the whole, in com
blnatl0n making strong case, he claimed
At the close of the forenoon session the ad-
yocate was reading from the expert testi-
mony as to the cause of death.
On the re-assembling OF the court, Judge
Longenecker continued, replying to Mr.
FORESTS argument answering the point
tlat the prosecution had not proved the
that fact. The verdict of the jury, should it
acquit the accused, would be a bar to any
subsequent prosecution for the same offense
alleging death by any other MEANS" The
speaker then went on to array the facts as
proved, drawing the % conclusion that the
dictment, he said, charged death by violence
from wounds inflicted in an unknown man
mel. Experts for the State testified that
death was caused by wounds on the head.
Experts for the defense merely seemed to
contradict this, because they replied to an
hypothetical question, In which the neces-
sary violence for the infliction of wounds
and other circumstances was left out.
Judge Longenecker made a rapid running
sketch of the evidence of the leading wit.
nesses and the circumstances under which it
was given, by way of reply to Mr.. Forests
charges that there was a conspiracy to con-
vict the defendants, taking occasion in pas
rather sharply for making such a charge in
such an wholesale manner. He concluded
by calling the attention of the jury to their
responsibility iu rendering verdict argu-
ing that the evidence pointed to the un-
uOuUbtu Suiit VI tu6 pTlSOutTS. El
The Judges Charge.
Judge Mcconnell delivered the charge to
the jury. He said: "The manner or cause
Of death alleged in the indictment is an es-
sential element of the charge against the de-
PENDANTS. The law requires the prosecution
to establish that averment to your satisfac-
tion beyond reasonable doubt as it is laid
In the indictment before the conviction of
the defendants, or either of them, can he
I'm full had DxrE hot
ner or cause of death was as laid in the in
dictment may be established by circum-
Stantlal evidence JaSt as any other fact es-
Sential to conviction may be. Circumstan-
tial evidence i'll criminal cases is proof of
such facts and circumstances connected with
or surrounding the commission of tine crime
charged, as tends to show the guilt or inno-
cence of the party charged. Ii these facts
and circumstances are sufficient to satisfy
the jury of the guilt of the defendants be
yond reasonable doubt, then such evidence
is sufficient to authorize the jury in finding
the defendants guilty.
ut is the duty of the jury to enter upon
the consideration of each circumstance
proven, having in their minds the presump-
ton that the defendants are each innocent
Ii such fact or circumstance, when cOnsid-
cred in connection with all the evidence in
the case, can be explained consistently with
the innocence of the accused, it is their duty
to so explain it. In order to justify the in
ference Of legal guilt from circumstantial
evidence. the existence of inculpatory facts
must be absolutely Incompatible with the in
nocence OF the accused, and Incompatible
OF explanation upon any other reasonable
hypothesis than that of guilt. If you can
reconcile the facts in this case upon any
reasonable theory consistent with the inn0-
cence of the defendant, John Kunze, it is
your duty SO to do, and find the said defend
ant. John Kunze, not guilty.
The same charge. was then made as to
each of the other defendants separately, ex-
cept Beggs, concerning whom this special
statement was given: sit is not sufficien
for the jury to find resolution adopted for
the appointment OF secret committee of
Camp 20, February s, 1889. but it must fur
tneT haSrnd appear to your satisfaction
committee was appointed by the defendant
Beggs and that such appointment was in
pursuance, or in furtherance, of a conspira
cy to commit the crime .set out in the in
dictment. You must further be satisfied be-
yond all reasonable doubt that the defend
ant Beggs had knowledge of the purpose for
which the said committee was asked, or, If
appointed, assented to its purpose subse-
quently, or you will no! be justified in find
ing participation in Such conspiracy on the
the:facts herein stated, as there is no evil
dence in this case that any overt act was
committed by the defendant Beggs in the
commission of the alleged murder in the in
QlcLluent III LulS case, LneT6I0re, unless 1t Is
established that conspiracy was entered
into to commit the murder charged in said
indictment, to which,cOnspiracy said Beggs
was party, he should be acquitted.
"The testimony of verbal admissions,
statements and conversations ought to be
taken by you with great caution, because
that sort Of testimony is subject to much i'm
perfection and mistake. 1t part of state
ment IS in favor of the defendants
and not disproved and not apparently i'm
probable or untrue when consistent with all
the other evidence in the case, such part of
the statement is entitled to as much consid-
Grafton from the jury as any other part of
the statement. Although you may believe
the defendant Beggs at the meeting of Camp
20, May 10, remarked in substance, that the
committee was to report to him, even If you
should further believe such remark pos.
sessed of some criminal import, yet, in no
view that can be taken of his case, will you
be justified In using such a remark as evil
dence against any other defendant. If the
jury believe from the evidence in this case.
beyond a reasonable doubt, that the defend
ants,0r any of them, con pired and agreed to
gether or with others, to murder Patrick
Henry Cronin. and in pursuance and furth-
erance of that common design and by men,
Der or members of such conspiracy, Patrick
Henry CTonin was murdered in the manner
charged In the indictment in this case,
then such of these defendants whom the
jury believe from the evidence beyond a rea-
SOnable doubt were parties to such con sniro-