Omaha daily bee., 1889-08-08
Kennedy Fight ng For His Rights
as Burke's Attorney.
A LETTER From HIS MOTHER.
After Reading 1t the Suspect Gives
Way to Uncomfortable An
guish-Longcnecker Thinks
He Has the Key.
Great Expectations.

10 NpeOTBB w. huDDaTu, JOuu ".
May and Joel NJ. Longenecker, and read as
follows:
''Please take notice that on August Z, 1889,
at 10 a. M, his honor, Judge Frank Baker, is
sued writ of habeas corpus in the above
entitled cause and that said writ will be
made returnable at p. m. TINS 9TH day of
August, 1882 unless you Immediately permit
Martin Burke, indicted for the murder of p.
II. Cronin, TO see his counsel, William Ken
nedy, in private"
Lawyer Kennedy had in the most quiet
manner procured the writ. Judge Bakers
til after it had been ascertained that the
writ was issued. When lie entered his court
room he found Lawyer Kennedy and Lawyer
Carter, together with stenographer, await
ing him. Judge Baker invited his early
callers into his private chambers and, with
closed doors, heard the application. The
writ was granted, the lawyers hurredly dis
ppeared and the Judge departed by his
private door, escaping from the building
without submitting to an interview. Chief
Hubbard was served with copy of the sum
mons this afternoon. After Deputy Sheriff
Gleason had served Chief Hubbard with
copy of the summons the papers in the case
were made public. The petition sets forth
that William Kennedy complains and shows
GnhU ne lS Jne employed attorney OF 1rlSOncr
Burke and that he saw Burke in Jail in Win
nipeg about July 10 and received instructions
to act rs his attorney. On information Ken
nedy says that Burke arrived in Chicago on
the night OF August ., 1882 In charge of
Chief of Police George W. Hubbard, and
that "when said police officer reached Chi
cago with his prisoner he proceeded TO
place his said prisoner in what petitioner
has learned since his arrival in said
county is sweat box The petitioner in
this connection says that said place is one
that the law has never sanctioned, and that |
the said Martin Burke is detained without |
legal process The petition then says that
the petitioner has been refused permission
to see and converse with Burke, and that |
the chief of police has refused to move his
prisoner to the county jail. The petitioner
further says that he is informed and believes
that some of the officers comprising the squad
that had charge of the prisoner stated that
they proposed to make Burke talk where
fore petitioner says that it is his belief that
the Imprisonment of Burke in what is
known as the 'sweat box is in pursuance
OF the plan Indicated by the language of the
aforesaid officers. The petitioner says he
spent nearly the entire day of August in
making efforts, which were unavailng, to
obtain an interview with his client,
Martin Burke The petitioner further
says that he is informed and believes
that in order to terrfy Burke the chief of
police gave instructions that Burke should
be heavily roned, and in addition thereto
should be chained to the floor of the car and
surrounded by officers. The petitioner
prayed for the issuance of the writ of habeas
corpus, pursuant to the statute, directed to
George w. Hubbard, commanding him to
bring Martin Burke forthwith before the
court and show cause for his detention.
1t is further prayed that the prisoner be
confined in the common jail and that he be
permitted to see his lawyer, in pursuance of
the statute.
The news that Burke was to be brought
before Judge Baker this afternoon had the
effect of half filling the court room with
spectators ANXIOUS to get "a glimpse of the
celebrated suspect. AT five minutes after
Burke had not shown up, and the states at
torney said he would not.
''Why notl"
BY way of an answer the official closed one
eye.
"But he must be brought here"
After moments hesitation, the states
attorney said he thought not; but why, he
professed an inability to explain. AT 3:15
Chief Hubbard, accompanied by Corporation
Counsel Hutchinson, entered and the latter
proceeded at once with an argument. The
substance Of Mr.. Hutchinsons argument
was that Chief Hubbard could not
comply with the writ, as by virtue
of the writ of extradition Burke was not in
his custody, but in that of Officer Collins
To this MIR. Kennedy, on the part of Burke,
demurred. He said that as Chief Hubbard
had given orders to keep Burke In close GUS
tody, and directed the actions of the police,
he was the constructive custodian of the
prisoner
Judge Baker gave an intimation of what
his decision would be when he said ''rhat
will hardly do, MIR. Kennedy | might as
well direct writ against the mayor because
he is the legal head of the police force and
gives orders to the chief; and yet it can not
be CLAIMED that the mayor has charge of tie
prisoner"
Mr.. Hutchinson, in reply to the questions
of the opposing counsel as to why Collins
should not take orders from his chief replied
that while it is true Collins is but detective
in the employ of the city of Chicago, he was
in this case the special messenger of the
president of the United States bearing a
writ OF extraditlon, and as such was not
amenable TO the orders of the Chicago chief
of police. After some further argument
Judge Baker issued "A new writ of habeas
corpus directed TO Officer Collins and return
able tomorrow.
The murder of DIR. Cronin is not the first
crime of tnat nature with which Martin
Burke has been charged. In 1887 he was ar
rested on suspicion of having been connected
with the death of man named Tony Gal
lagher, hut for want of proof the charge was
notssustained.
non the night of October 25, 1887, n christ
ening was held at the house OF a man named
Laffy, Mt 4S Superior street. right in the
heart of the Irish settlement of the old
Seventeenth ward. Among the guests at
the festvity were Burllo, John Garrett and
Tony Gallagher, Beer was plentiful, and
Mr. Gallagher became noisy and obstreper.
GUS, and was asked by the host to retire. He
refused and became more abusive. Martin
Burke and John Garrett were requested TO
remove Mr.. Gallagher from the premises.
Mr. Gallagher was q pretty husky clansman
himself, and il took considerable force 10 re-
move him. There was free fight, and Mr..
Gallagher was elected, with Messrs. Burke
and Garrett as an escort TO take him down
stairs. lie went, fighting desperately all the
time. That was tho last seen of MIR. Gal
lagher till November II following, when his
dead body was ished out of the river near
the Indiana street bridge. There were
marks of violence on tho body and "a rope
was tied around his neck. Garrett, Burke
and another man were arrested, but nothing
could be proved against them, except that
Gallagher was last seen In their company.
The disposition OF the body and the wounds
are SO strikingly similar to the Cronin
tragedy that it is thought that Burke put
into practice the lessons he received in the
Gallagher murder.
Chief OF Police Hubbard, in company with
several of DIR. Cronn's friends, went down
10 see Burke TINS afternoon for the purpose
of Identification by friends. Hubbard car
ried him letter which had been in the
north side postofiice for some time. Il was
from his mother In Iowa. The prisoner
opened the letter and perused IL, When he
had finished ne threw himself upon the floor
of his cell and cried like child Seeing his