The Indianapolis journal., 1889-06-18


NOT THE RIGHT MEN.
Chicago People Fail to Identify Maroney
and SfcDonald-Their Release Ordered.
NEW YORK. June 1.-THE adherents of
Alexander Sullivan gained signal victory
to-day. Judge Andrews, of the Supreme
Court, has decided that Maroney and Nc
Donald must be released from prison on
the writs of habeas corpus, and the three
men who came from Chicago to identify
them as being connected with the murder
of DR.. Cronin signally failed TO do SO. The
refusal of Governor Hill to sign warrant
for extradition on the insufficient evidence
furnished him SO alarmed the Chicago au-
thorities that they played their trump cards
in q determined effort to obtain possession
Of the accused men. For this purpose they
sent ON the three witnesses on whose testi-
mony they rely to convict Maroney and
Mcdonald. Those witnesses are VIM. T.
Hatfield, from whom the mysterious
j. B Simons purchased the fur
whom he rented the fat at
No. III Clark street. and Fl. Martinzen, the
expressman who removed the furniture to
the Ashland-avenue cottage. These wit
the Tombs to see if they could identify the
accused. Acting Warden Finley would
not permit it to be done on Sunday, as con-
trary TO the regulations.
detective t. j. Farrell, of Chicago, and
detective Won Gerichten, OF Inspector
Byrnes's force. reached the Tombs shortly
before 10 o'clock this morning. They re-
mained few minutes in the outer waiting
room while preparations for the identified
ton were made. Acting Warden Finley
placed twenty prisoners In line. Among
them were Liverpool Jack" and old man
Howard, of the electric sugar fame. Nc
Donald was the fifth man from the south
end of the line. and Maroney tho
fourth man from the north end. All
wore hats. The Chicago men were adj
mitted one at a time, and passed along the
east side of the second tier directly oppo-
site the twenty men. The intervening
space was about eight feet, and light was
sufficient to permit good look at the
countenances of the men. Hatfield was
the first taken in to look at the men. He
back and fortK.before the men, but did not
seem to recognize any one particularly.
He was taken out and Martinzen, the ex-
pressman. brought in: He is a Outlook
ing Swede, and the faces looked all one to
him, apparently, as he made no sign that
he had seen any one of them before.
There was a little excitement when
Throckmorton appeared to see ii he
rented the house on Clark street, opposite
DIR. Cronin's residence. He is tall, thin,
young man, with a small, black mustache.
He took twice as much time as the others to
satisfy himself that the man he was after
was Dot there. After pacing back and forth
half "a dozen times, he attempted to ask
question of keeper McCaffrey, who was at
the north end of the row, but was sternly
rebuked by acting Deputy Warden McDer.
mott. You are here to see if you can iden-
tify any of these men and not talk to any,
body said McDermott In spite of this re-
buff, Mr. Throckmorton continued to scan
carefully the cOuntenances of the men In
front of him. He gave short. quick glance
at Maroney, but he stared for half minute
steady at Mcdonald and Liverpool Jack"
who stood beside him. Finally. he left,
without giving any sign that he had recog-
Both men bore bravely the ordeal to
which they were subjected, Maroney being
especially calm and collected. Mcdonald
was q little nervous, and showed it by the
twitching Of his hands, which grasped the
iron railing. 1t was evident that the at
tempt at Identification was a failure as de-
tectives Farrell and Won Gerichten took a
look at the twenty men to see that MarOney
and Mcdonald were among them. The
men from Chicago and the detectives then
went to the district attorneys Office, where
they had long talk with Assistant Dis
trict Attorney Macedonia.
Judge Andrews this morning, in the Su-
preme Court, discharged Maroney and Nc
Donald on the ground that there
was no evidence on which to hold
them. After reviewing the arrest
and proceedings the. Judge. says
whether the prisoners were lawfully de-
tanned. If there had been any competent
evidence before the police magistrates that
Patrick Cronin was murdered in Chicago.
and which furnished reasonable ground to
believe, or from which it appeared probable
that MarOney or Mcdonald committed the
crime. Judge Andrews said 1T would not be
proper for him to review the decision, even
If the court took a different view from
what he did of the weight of such evidence.
The difficulty Is that, although it is q mat
ter of general newspaper notoriety that
Cronin was recently murdered in Chicago.
whatever was produced before the magis-
trate either of the fact of the murder or
that Maroney or Mcdonald committed the
crime. Even if kilograms were to be
regarded as some sort of hearsay evidence,
the telegram received is nothing but a
request that Maroney and Mcdonald shall
be arrested. 1t does not state, or assume to
state, that Cronin has been murdered, or
thing to do with the murder. Detective
Won Gerichten, in his affidavit, does not
say that Cronin has been murdered. but
merely that MarOney and Mcdonald stand
charged In Chicago with his murder. and
that he is informed and believes that
Maroney and Mcdonald are guilty of the
crime.
Judge Andrews further says: 1T is too
clear for argument that there wasn COM
petent legal evidence whatever produced
before the magistrate upon which. under
the provisions of our penal code. a warrant
could be lawfully issued for the arrest Of
MarOney and Mcdonald, or upon which
they could be lawfully committed to the
prison." He therefore discharged the pris-
OnerS.
THE GRAND JURY.