Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-11-26
LEGAL QUIBBLEs
CI1 Right Of Prosecution 70 Bring Up
Camp 20 littefs.
xhs Defence Closes and asbuttal
Brought on the Stand.

L 0I0Qkut on too 0I1uo-
| CHICAGO, Nov. .5-W When Judge Nc
ConnePs court vas called to order this morn
ing, William Mertes milkman, who testife et
for the prosecution in the Cronin case, VA
recalled BY Forest for the defense. He wenI
over his testimony and again testified TO the
conversation he had With two policemen I
day or 20 after the body vas discovered
The witness told the officers he saw bay
horse with white face coming north - he
was going south. The buggy stopped in
front Of the Carlson cottage and he saw = tall
man get out and 90 into the cottage. The
witness admitted be told the officers he did
not know what day il was he saw the horse
and buggy drive Up.
| J. W. Fralick, the next witness testified
that the defendant, kunzs. Was employed BY
him April 26 to June 20, the day of his AZ
rest. kunze vent to work on the morning Of
| May 4th At 8 O'Clock, and stopped work
about $50.
Dyer Thompson Was next called on behalf
| Of O'Sullivan. Witness was foreman for
McBride in the ice business and had been in
his employ eight years. He testified that on
March 10, when he went At noon to the
| office, he saw O'Sullivzn waiting there, and
be was there at half past two when the wit
ness went away.
Henry Mcbride, an employer of Thomp-
| son, c0rroborated the testimony.
Dyer Thompson, son of the Thompson
who just testified, followed in the same line.
The object of this testimony was to contra
dict the evidence given by Carlson to the eff
feet that at . certain time, March 10. he
heard Burke tell O'Sullivan he hal rented
the cottage. The testimony of these wit
nesses was to the effect that O'Sullivsn was
several miles from Lake View at the time
mentioned.
case.
The State proceeded with the testimony in
rebuttaL DR.. Patrick Curran was the first
witness. He testified that he saw James
Lyman the night that Cronins body was
lying in Battery ID. Armory. The question
was asked: "Did he say that the executive
body had ordered the death of Cronin? ?"
The defense objected to this question and
made the point that the direct examination
had not laid the found alton for it. Foster
said that this question Was asked Lyman and
objected to on the cross-examination. and
the court admitted it as q matter of impeach-
ment when Lyman answered that he never
made any such remark; in point of fact it
was made by DIR. Curran himself.
The States Attorney said This is
simply bringing witness here to impesch .
witness they produce. The only question to
be raised is whether the impeachment is in
regard to material matter. You must re-
member in this case Camp 20 cuts quite
figure. The prosecution introduced evidence
to show that on February 8 = secret commit
tee WAS appointed in that camp and that q
resolution was introduced showing that they
wanted the executive body notified at once
in reference to q report OF the trial commit
tee. In rebuttal of the evidence introduced
on the part Of the people on that question,
rs to what took place on the sth day of Feb
ruary; in relation to the appointment OF the
committee; in relation to what Beggs, senior
guardian and others in that camp said; il
relation to what Capt. O'Connor and
Foy said, he was testifying directly
upon the matter in this case. When you
take into consideration the fact that on Feb
8, about which he was talking, a resolution
was passed in Camp 20, making an imper-
ative demand upon the executive to see why
this report had gone into other camps and
they had no. got it, you will see the imL0r-
tsnce of this matter. This witness comes
here and testifies as to this starting point in
Camp 20. He is asked the question:
"Did not you say on a certain occasion
that this subject about which the committee
was appointed was about matter which led
to Cronin's death. and did not you say it was
ali right and justified acts'
And he said, No"
He denied the statement.
I'VE have . right to contradict that to
show he did say that and 80 impesch his tes-
timony.'
A voice-"That is lie"
States attorney-"You are no court nor
Jury in this case
Mr.. Forrest" That remark was not made
by any counsel for the defense or by any of
the defendants"
Court-"Who made that remark?"
Mr. Wood of the Daily News (rising in
his seat "If it will please Your Honor,
made the remark. was speaking in an un-
der tone and suppose spoke louder than
thought or intended to-"
Court-"Please do not let II occur again. -"
Foster-"There is not one word of truth
in it, when he saws my client (Beggs) was
appointed a committee to try Cronin. The
gentleman suggests that the committee was
appointed to try Cronin and condemn him to
death. II is as monstrous falsehood as was
ever uttered. abs lutely not one word of
truth to substantiate 1t.
The court reserved decision on the ques-
tons and took recess.
The court said the remark of the Daily
News reporter at the morning session wae
made in conversation with a fellow reporter,
and had no reference to the proceedings in
court.
Police Captain Setback was called for re-
buttal. He testified that Officer Crown never
xoI -k.lI. ~.
in regard to any conversation with miikman
Mertes.
Alfred kettner testified he had seen the
witness. Peter Koch. who testified for the
defense, in company with Dan Coughlin
The States attorney announced he had no
more witnesses, and promising to conclude
his Yehuttal tomorrow the couPt adionrned