Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-12-03
FLIGHTS OF THE WING.
C0UGHLIN'S COUNSEL TALKS BL0QUBNTLY
FOR HIN.
An Attempt 10 Break the Forcs Of the Knife
Discoygy-N) Proof Of Conspiracy Alleged.
History Of The Work in
Camp 20.

CHICAGO, December 2 AT the opening
OF the Cronin trial this morning Mr.. For
rest, for the defense, announced that he
was prepared to introduce some evidence
in rebuttal, as had been stipulated he
might do before the argument began.
August Loewenstein, dealer in cloth
ing, was then put on the stand, and tssti-
fed that he sold 10 Dan COughlin, on
April q, the week bsfOre the murder,
pair of pants which Coughlin thea and
there put on. In doing so he took off the
old pair which he w0Ie and emptied the
pockets, placing the contents on a chair.
Among these toys were two knives.
The knives taken from COughlin by
Detective Flynn, at the time Of his arrest
and, on Friday last identified by Mr.
Conklin as having been carried by Dr.
CrOnin, were then showed to the witness
He testified that he could not say positive
ly that they we're the same knives as those
which he saw OOughlin have on April q,
but they looked something like them.
% eross.examinaiion the witness said be
Just glanced at the knives and started TO
take one Of them, saying Coughlin did not
need both, but Coughlin stopped him, ssy
ing be wanted both OF them. The exam
inatiOn brought out the fact that the wit
ness is a brother Of ex Detective Jake
Loewenstein Dan Coughlin's partner.
THE READY CLAN. NA-GABI. WITNESSES.
Ex-Detective Lowenstein, Ooughlin's
partner, swore that he recognized one Of
the knives as the one COughlin had carried
| for a long time. The other one be was
pretty sure of, but not positive. Cross
examination failed to shake his testimony.
After a slight delay, Judge Wing resumed
his argument for the defense.
Judge Wing warned the Jury that they
were not expected to decide upon the ques-
| ton Of innocence. They might believe
with considerable confidence that the pris-
oners were not innocent, bat this would
not Justify a conviction, for they must be
convinced beyond q reasonable doubt Of
the prisoners guilt. A mere prepOnder-
snce OF evidence in favor Of guilt would
not Justify conviction. The speaker then
restated the principals governing the an
alysis and use of cireumstantisl evidence
as given in his address on Saturday, that
the circumstance must have a direct con-
nectiOn with the commission of the crime,
and must be unexplainsble on the theory
OF innocence. Judge Wing then began his
review of the evidence.
WHAT THE KNIVES PROVED.
After denounei1g the evidence of Sa-
lconkeeper Niemsn, Major Sampson and
Milkman Mertes, the next point handled
was that of The two knives supposed TO be
Oronin's shown in Coughlin's possession
Ga this point Judge Wing said: NOW,
that whole question is very easily
disposed of BY the statement of
tgo propositions, ia which every
mind on this Jury will agree with me,
think. First, the defendant Coughlin is
either guilty or innocent. If innocent, he
could not have had those knives if they
we're Cronin's; if guilty, he would not
have had them, if they belonged to DR..
Croniu. Those two plain propositions, in
the mind Of any reasoning man, would be
the end Of tina. knife episode.
THE PROCEEDINGS OF CAMP 20.
Judge Wing then took up the question
of the alleged conspiracy IL Camp 20, and
said NOW there are only three ways
under heaven of establishing a conspiracy
/ in any particular case; one is by direct
proof. Another is circumstancisl proof
These are two ways to establish
conspiracy, and there is the
further way and the only other way
that I ever heard Of, and that is
by considering all the independent acts
and facts where proven, and from the con-
sideIation of those facts derive conspiracy.
| Now. you can not establish q conspiracy
in both those ways. II is fair, and it is
right under the Law that when you are
weighing circumstance against Cough
lin you should look at that cir
cumstauce in the light Of law, but not
| in the light of facts proven against the
other man; but do object to this jury, or
this Court, taking partly proven cOnspi-
rscy, and from that give color and char
ac.er to the individual circumstances and
acts which are proven against my client.
WAS THERE A CONSPIRACY.
That is a forbidden method. Now, LET
us see briefly if there is a conspiracy here,
established beyond reasonable doubt, TO
which Coughlin is party. They do not
claim that the declarations Of the parties
in the camps at the various meetings, con-
stitute any proofs of the conspiracy, except
inferentially and by process Of reason.
will tell you that does not consti-
lute any proof at all l never heard
presented as absurd a theory Of conspiracy
as the State presents to Us in this case.
It is an unnatural and unreasonable the
ory to begin with. 1t is true, they had
their fsctional differences; it is true, per-
haps that CfOnin led one faction, and that
some other party led another. Ii is true
that that man wss disliked and despised
by half bis brethren in that lociety it is
/ further true that he had his friends and
his idolizors iu the other branch. II may
he true that be was subject of censure. 1t
may be true that a short time before be
met his death fault was found with him.
Bat what does oil that prove?
A PREPOsTBROUs THEORY.
I know the proof shows that forty men
were present on the night they say this
conspiracy was planned. Who ever heard
of any such thing since the world began ?
Planned, too, under the very eye of his
best and NEST intimate and warmest
friends A most likely proposition. Pre-
pOsterOus upon its face unlikely in its
very aspect, who can believe it occurred in
that wsy No one, unless be is desirOus
Of believing it.
Mortgage for Si5O, 900 600 Filed.
TOPEKA, KAN, December "A mort
gage for $l5O, 600, 900. payable in 100 years
at 5 per cent interest, was filed here to-
day. The UuiOn Trust Company Of New
-, =. Atohspop