The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-12-14
LIVES IN THE BALANCE.
The Trial of the Cronin Suspects
Ended and the Case With
the Jury
Judge Longenecker Makes the
Closing Address, Replying to
Attorney Forrest.
McConneIIs Lengthy and C"mprehensii"
Charge to the Jury-Looks Like
Disagreement.

CHICAGO, Dec. l3.-On account Of the ILL
ness of Mills, States Attorney longenecker
was Obliged 10 make the closing address To
the Jury in the Cronin case. He began by
repelling the charge of the opposition that
the Cronin section of the Clan-na-Gael had
subomed large amount Of periured testi
mony against the accused and sad the
most Of the Clan-na-Gael evidence WIS 10y
members of the Triangle camp. He then
took up and dwelt at length ON the evidence
against Beggs.
On the reassembling of court in the after
noon Judge Longenecker continued his re-
py Co Forests argument, and then mnde a
rapid running sketch of the evidence of
leading witness and the circumstances UNI
der which Il was given, by way of reply To
Forests charge that there was n conspiracy
TO convict the defendants. In closing he
said "Remember. that we are
here insisting that this evidence
was 50 overwhelming that yod, as honest
men under your oaths, cannot resist tins
volume of proof that must convince You rs
sensible men beyond reasonable doubt
chat all five of these men are guilty OF this
crimen
Judge Mcconnell then delivered his
charge TO the jury, saying IN part; The
manner or cause of death which ~ alleged
in the indictment is mn essential element Of
the charge against the defendants, and the
law requires the prosecution to establish
that averment to your satisfaction beyond
reasonable doubt. as il is laid IN the indict-
ment, before conviction can lawfully be had.
But whether OF not the manner or cause of
| death was as laid in the ndict-
ment may be established 10y circumstantal
evidence Just AS any other fact essential TO
conviction may be. Circumstanlial evil
dence in criminal cases is proof of such
| facts and circumstances, connected with or
| surrounding the commission of the crime
charged rs tends to show the Innocence Of
the parties charged, and If these facts and
| circumstances aTe sufficient 10 satisfy the
| jury of the guilt beyond reasonable doubt,
then such evidence is sufficient to authorize
| the jury finding defendants guilty. II Is
the duty of the jury 10 enter upon consid-
Grafton Of each circumstance proven having
in their minds the presumption that
the deiendents and each of them
are innocent, and if such facts
or circumstances when considered in
connection with all the evidence IN the case.
can be explained consistently with the in
nOcence OF the accused. and IL is their duty
to explain. ia order 10 justify the influence
Of legal guilt from circumstintial evidence,
the existence of inculpatory facts must be
absolutely incompatible with the innocence
of the accused and incapable of expana-
tion upon any other reasonable hypothesis
than that of their guilt.
II is not sufficient for the jury TO
| find that a resolution WAS adopted
| for the appointment of secret
committe in Camp 20, Feb. <, but il
must further appear 10 your satisfaction
beyond all reasonable doubt that such com
mittee was III fact appointed by defendant
Beggs, and that such appointment WIS in
| pursuance or III furtherance of conspiracy
to commit the crime SET out in the indict-
ment; and You must further be satisfied
beyond all reasonable doubt that defendant
Beggs had knowledge of the purpose for
which said committee WAS asked, or II ap-
pointed, assented 30 its purpose subse-
queutly or you will not be justified in find
ing n participation in such conspiracy on
the part of defendant Beggs by reason of
the facts herein stnted. That defendant
Beggs was member of the United
Brotherhood. and the presiding ofli-
Ger of Camp ~, are not circumstances
standing alone. tending TO establish his
| guilt of the crime charged in the indict-
| ment, and as there Is no evidence in the
case that any overt act WAS committed by
defendant Beggs III the commission of the
alleged murder charged in the indictment.
| therefore unless IL Is established that "A CON
| spiracy WAS entered into 10 commit the
murder charged in said indictment. to
which conspiracy said Beggs was party,
he should be acquitted. The testimony of
| verbal admissions, statements aud CONVEX
sations ought TO be taken by you with great
caution. because that sort of testimony IL
subject to much imperfection and mistake:
although you may believe defendant Begrs
Mt the meeting of Camp 20 ON May 10 re-.
marked in substance that that committee
| was 10 report TO him: and even if YOU
should further believe that such remark
possessed some criminal import, yet in no
view that can be taken of his case will you
| be justified in using such remark as evil
dence against any other defendant.
| II you can reconcile the facts in this case
upon amy reasonable theory consistent with
the innocence of defendant John kunze il
IS your duty 80 10 do, and to find John
kunze not guilty.
Although you may fully and confidently
believe that one j. b. Simonds. the person
who drove DIR. Cronin away from home on
the night Of May 4, and other unknown
persons we're members of the conspiracy 10
murder DIR. Cronin rs charged in
the indictment, and indeed that
they did murder him, yet
You cannot and ought not 10 use any evil
dence respecting the conduct and conycrsa-
tiOns Of such persons. or any 0f them.
against any OF the defendants unless YOU
are first convinced beyond every reasonable
doubt from the evidence that such defend
ant WIS also member Of such conspiracy
10 murder DIR. Cronin. IL the jury believe
from the evidence beyond a reasonable
doubt that the defendants or any Of them
conspired and agreed together or with
others, 30 kill and murder Patrick Henry
Cronin, and that in pursuance and further
ance of that common design, and by
member or members of such con-
spiracy, said Patrick Henry Cronin
was killed and murdered in the
manner and form charged, then such
Of those defendants or any Of whom the
jury believe from the evidence beyond
reasonable doubt were parties to such con
spiracy are guilty of the murder of said
Cronin, whether the identity Of the indi-
vidual doing the killing he established or
not, OF whether such defendants we're pres
ent at the time of the killing or not,
Although You may believe defendant Burke
rented the Carlson cottage and removed
the furniture and other articles mentioned
in the evidence from III South Clark street
to said cottage, and although you may be-
lieye DR.. Cronin WAS murdered in the Carl
son cottage, yOu are advised thnt these acts
of defendant Burke of themselves are in
sufficient TO justify you In concluding that
he was party TO the alleged conspiracy;