The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-12-10
Mr.. FORESTS ARGUMENT
On Behalf Of the Defense in the
cronin Murder Trial,
HIS SENSATIONAL CHARGES
Against Witnesses for the Prosecu'
tIon-DInan aud the carlsops Had
a Selfish Interest In Play
ing tho Part They Did,

ing tho Part They Did,
CHICAGO, Dec, Eat the opening O
the Cronln trial this morning Mr., For
rest resumed his address to the jury on
behalf Of the defense, He proceeded al
length to argue on the unreliability oi
circumstantiRl evidence, Said he;
snow, gentlemen, I want In all serious
ness to ask a few questions; Suppose
that the accident Of ordering the men to
clean that sewer had not occurred until
after this trial; don't you know that in
every speech urged by these distinguish
ed orators, you have been told that Mar.
tin Burke was guilty because he sent Dr.,
Cronin's clothes over the seaH Ask your,
selves II that argument had been made
to me and these clothes had not been
discovered, wouldn't have given II
welehtP Cannot you learn, gentlemen,
FROM that simple fact some lessonsP You
eau learn that these gentlemen that have
been studying this case for six months
are not safer guides than We are, You
will learn that Circumstantial evidence
will lie and mislead.
A LOGICAL CONCLUSION.
You learn another thing; that al.
though these defendants may not be
able to disprove what they can prove to
be truc as they say, 1t does not follow
that they are guilty, You feel the diff
Guilty gentlemen that the defense is In
when we are called upon to prove a
negative. How can we prove that the
clothes were not over the sea II the &C.
cident didn't turn them up In the north
town sewer7 You SEQ another thing
gentlemen, the danger OF assuming to be
true what we cannot disprove. You
see the unreliability of cifcumstantial
evidence; you see how unsafe all human
facts are. You see the difficulty we have
In proving negative. You see the
danger OF assuming to be true what we
cannot disprove, Gall 1t faith, call II
blind chance, call 1t overriding provi.
dence, call 1t what you will, either plain
faith, chance or oVerruling providence,
1t did for Martin Burke, the humble
laborer, what his counsel and the wit
neSses in the world have done.
Suppose that the truth had not been
disclosed; suppose that the clothes had
not been found; suppose that the argu.
ment had been made by these gentlemen
that they had been sent abroad. And
what on argument, too they would have
made In the form OF narration.
WHAT NIGHT HAVE DEEM.
They could have described the box
going across the stormy sea; they could
have talked about the ship that held its
guilty secret; they could have speculated
upon what was being done, what was
done IND what has been going to be
done. Suppose that you had believed 1t
aud drawn the conclusion that they
urged you to draw in their opening and
that they would have urged you 10 draw
In their closing; suppose then you had
imposed the death penalty, and 1t had
been executed; and suppose then
that the truth had been disclosed and
the clothes found in the north town sew
er. What justification could you have
made TO the people of the State OF Illi-
noisP What justification could you have
made 10 your own breast to your God ?
What justification could you have made
Ia the form OF your own conscience and
yourself? Mr.. Forrest went on to say
that the jury would be forced under,Mr.
Fosters argument to acquit Beggs. The
Acquittal Of Beggs was equivalent to say
ing that there was no conspiracy In
Camp 20; there being no conspiracy, the
case, Of course, falls 10 the ground and
Acquittai OF the other defendants fol.
lows as logical consequence. So they
must look elsewhere, aud 1t was not diff.
cult 10 fnd twelve men who had some
sort OF connection with the murder out
side OF Camp 20. Simonds was one OF
them aud eleven others we're unknown.
SENSATIONAL CHARGES.
After reading numerous authorities as
To the Credibility Of witnesses and alud.
ing Otle fact that in identifying certain
men the States witnesses In this case
had evidently agreed beforehand on all
details, Mr. Forest allnded to his clients
being handicapped by the pressure OF
public opinion against them, and said
that thv prosecution had It's Cliquers III.
diCiOusly distributed through the audi.
ences. He admitted that there was
peculiar combination OF circumstances
against his clients and showed how
1t was TO the financial interest Of
some Of the principal witnesses
for tho State (Dlnan and the
CarlsOnS, 10 show that IL was a white
horse that took DR.. Cronin away, and It
was In the Carlson cottage that he was
killed. Dlnan Is receiving SlOO per
week FROM dime museum manager
where the horse Ia on exhibition, and
the Carlsons are making money fast by
chNrgingan admission lee 10 tho cottage.
"NOW, there IL another circumstance
he went on. ut is proven that the
Clan.na. Gael throughout the United
States Is divided into two wings. One
wing Of the Clan stts In the prisoners
dock aud the other wing sits III the wit.
ness seat. How does the wing that sits
In the witness seat and which envelopes
this entire prOseCutlon-hOw does that
wing feel toward my clients and tho
wing 10 which ils aide belohgsP"
Mr.. Forrest tlien took up the expert
testimony and considered 1t at great
length, reading many extracts 10 show
not only that Tie doctors could not de.
termine the cause Of death, but that
they could not even be confident whether
or not tue wounds were inflicted before
Or after death. The State he said, had
indicted there men for the murder Of
Dr. Cronin, by iufiCting blows on his
head aud face. They must prove that
or tho prisoners must DO set frOe. II
they failed, II WAS their fault In making
blnnderBin the indictment,
Mr.. Forrest will occupy all oi to.tnor'
row with Ills argument.