Los Angeles daily herald., 1889-06-15
SULLIVAN SET FREE.
He Leaves His Cell Under
Substantial Bail.
THE JUDGE AND JURY DIFFER.
Tuley Does Not Find the Testimony
Connects Sullivan With
the Crime.
Associated Press Dispatches to the HERALD


result of Sullivan's application for writ
Of haheas corpus. Bail was fixed at
$40, 900, ard promptly furnished by four
well.known citizens, each of whom rep
many times the total amount
asked. Sullivan walked out OF the court
after having been less than three days in
custody. The Judge held that the Coro-
ners jury had been Influenced by outside
sentiment.
Seldom, if ever, has case drawn such
a crowd as that which Assem- bled this
afternoon to hear the expected decision.
The courtroom was jammed, and big
concourse of men assembled in the cor
ridor adjoining, seeking TO hear from afar
the words from the Judges lips.
States Attorney Longeneeker and his
assistant, Mr.. Baker, were IN close con-
sultation with Judge Tuley before he
came on the bench. Several unknown
men also entered the chamber. They
were presumably members OF the Coro-
ner's jury who had returned The verdict
in the Cronin case.
Mr.. Sullivan vas early on the scene.
He was brought in by Sheriff Matson,
personally, who escorted him through
the Judges chambers, before the chan
cellor's arrival, on account of the crowd
at the other doors. On Sullivan's arrival
he took seat in the center of a circle
formed by his lawyers, Messrs. Trrde,.
Windes and Gilbert, with whom he en-
tered into whispered consultation. A
score of members of the bar evinced their
professional and friendly interest in Mr..
Sullivan by being present. Coroner Hertz
occupied a seat by Judge Lcpgenecker.
Congressman Frank Lawler came in
when every body got seated, calling from
Trude the observation, "Lawler is here.
Let the proceedings begin" There was
a wait of three.quarters of an hour be-
fore Judge Tuley reached his courtroom.
Finally, at 3 :45 pm, he assembled the
bench with his written opinion which, it
soon became apparent, had been made
only after careful analysis of the whole
mass OF the testimony in the case and
not, as at first proposed, merely that re-
lating to Sullivan alone. Sullivan braced
himself in his chair and kept his eyes
fixed on the Court as Judge Tuley said:
Il suppose there will be no further
steps taken beyond this evidence before
the Corouer's jury" .
Judge Longenecker replied: "That is
all. There is no additional testimony"
because, if you had any, the court
would feel compelled to hear it ;" said the
court.
Judge Tuley then in his characteristic
matter offact manner began reading his
decision, and bad not proceeded tive
minutes when the frowns of those identi-
! fed with the prosecution told which way
was the drift. The decision in substance
ia as follows:
JUDGE TULEY's DECISION.
The Judge said: That the application
before him was for the release of Alex
ander Sullivan on bail under the Bill Of
Rights, which provided for the bailing of
persons accused of murder where the evil
depce was not strong or presumption Of
their guilt was not strong. The Court re-
| ferred to the terms of agree
meut by which the matter was
left to him on the evidence taken before
| the Coroner. He said he had read 100
! typewriter pages of evidence taken be-
fore the Coroner's jury. Much of the
testimony was irrelevant and incompa-
tent before court, but a wide scope was
allowed the Coroner in such cases. He
could even hear hearsay evidence, if it
gave direction to the form in which an
inquiry should be directed go as to bring
about the discovery of the persons guilty
OF DR., Cronin's III urder.
MUCH HEARsAY EVIDENCE.
There was good deal OF this hearsay
evidence. Mrs. Conklin and Seaman
testified that they had heard Crcnin say
that there Was plot to assassin.
ate him, and that Sullivan wss
back OF it, Barry, Morris and
O'Brien had testified substantially to
the same thing, the last-named saying
that Cronin was afraid of Sullivan
Bo!snd and Buckley. O'Connor, Ford,
and Ives had testified later to singular
statement by Cronin, as to cross exam
ination before a notary, and that he be-
lieved that that was part of the plot, and
that Sullivan WAS at the head of it.
Dillon said that he talked about it 30
much that be believed Cronin had Sulli.
van on the brain. Haggerty's evidence
was probably the most important, as
against Sullivan, and the statements he
testified that Cronin made, were made
about the time of Cronin's trial in 1885.
DIRECT THREAT MADE.
The testimony given by Haggerty on
that point was substantially the only eyi-
dence that Sullivan made direct threat
against Cronin's life. The Court knows
OF no rule of law that would admit
declaration of Cronin's made out Of Sulli.
vans presence. 1t would not be adm
ted before any committing magistrate.
1t was shown by the evidence that Sulli-
van was prominent in Irish Nation
alist circles; that The "Triangle"
controlled Irish matters; that sew
eral camps were expelled, as also |
was Cron!n that from Cronin's presence
on the committee which tried Sullivan,
Boland and Terry, Sullivan was inspired
with an enmity toward Cronin which the |
evidence showed was reciprocated. Cron. |
in was murdered as the result OF q con.
spiracy. That was also shown by the |
evidence, and likewite it showed that
back OF this conspiracy were personal |
enemies OF Cronin. But what evidence
was there that Sullivan was one of those |
enemies? There was no act in connec-
ton with the murder which related to |
Sullivan.
THEORIES OF MOTIVES OF THE MURDER.
Another theory was that Cronin was
removed to prevent disclosures; bnt |
there was no evidence that he had anv
facts which would die with him. The |
facts in his possession lived after his
death. The Coroner had been unable to
find any trace OF any proceedings in any