The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-30
ONLY ONE TRIAL FOR ALL
THE CRONIN CASE MOTION FAILS
OF APPROVAL.

Judge Mcconnell Points Out That the
Prosecution Depends on the Charge
Of Conspiracy to Secure Conviction
Woodruff Alone Will Have a Sep
arate Hearing-The Decision a Sur
prise.
CHICAGO, Aug. 29.-Judge Mcconnell
this morning decided that all the defend
ants in the Cronin trial must be tried to-
gether with the exception of Frank Wood
ruH. he said that in view of WoodrufF's
confession it would be IN anifestly unfair to
allow him 90 on trial with the others.
All the defendants then took exception to
the ruling Of the court refusing them separ-
ate trials, and the judge granted twenty
days In which to file bills of exception.
The attorneys for the various defendants
then expressed themselvesas as ready to pro-
ceed with the trial.
TEXT OF THE DECISION.
The following is Judge McConnelrs de-
cision:
GENTLEMEN-In disposing Of this motion. I
snail not attempt to go into any argument
Whatever, that is into any extended argument
as to the grounds of my decision, but shall sim
clslon, ana state in a general way why
l do It, The state Of the case is sub
stantially this: Daniel Coughlin, Martin
BurKe, FRANK J. Woodruf alias Black, John F.
Beggs, Patrick O'Sullyan, John Kunze and
Fatrlck Cooney are jointly indicted for the
| murder OF Patrick H. Cronin. All of them ex-
cept Cooney are in court, and have entered
pleas of not guilty. Daniel CoughIn moves for
| separate trial, asking that his case may be
| separate from ell the other defendants Martin
Burke and Frank J. Woodruff each make simi-
lar motions. Patrick O'Sullvan enters two mo-
| tions, one that he be accorded trial separately
| from the defendants, Burke and ,Coughlin and
| the other. that mis- trial may b. severed from
that OF Woodruff. These several motions are
| supported by a1ndavits substantially contain
| ing, as conceded by the states attorney the
| evidence which was rendered the grand jury
| ana upon which that body bases indictments.
| PROOF OF CONSPIRACY ESSENTIAL.
| Inc FORM OF the Indictment and particularly
4 Iue character or the(ovldence relied upon by the
| state, Indicate that several of the defendants
can be convicted only upon successful establish
| ment Of conspiracy to murder DR.. Cronn and
| also the further fact that they were members
| OF that conspiracy. These defendants there
| fore can in no respect be injured or preiudiced
| by evidence tending to show the com
| picity of others in the alleged murder unless
| 1t shall be established First, that there was
| conspiracy, and second, that they and others
! were united in that conspiracy The Judge now
| presiding cannot presume that improper evi
| dence will be admitted at the trial nor can he
| pTecaution when the case is finally submitted
| TO the jury that defendant shall be uuduly
| preJIdlced by any evidence which during the
| triai shall be admitted as against some of the
| detentants which may not be competent as to
! all the others.
| l must also presume that the trial Judge will
! not even permit the july TO speculate upon the
| truth or innocence OF defendant unless he
| believes that there is sufficient competent evi
| dence against him to sustain conviction
THE EXCEPTION IN wooDRUFF's CASE.
| These considerations are satisfactory to me
| in denying severance Of the trial so far as am
| ground for separate trials is based upon tn,
| evidence of facts prior to the time of the mur
| der and TO all matters subsequent thereto ex
| cept only the alleged confessions of Woodruff
| | am unable to see how the other defendants
| can be tried with him witho 1T the greatest EN-
! barrassment. In his series Of confessions
| he has in one way and another implicated nearl,
/ all the defendants; his confessions are compe
! tent evidence against him and almost necessaIlly
| when he is sitting in the dock with them woulc
| he fatally 1pJurious 10 the other prisoners who
/ are entitled To fair trial. Associated witt
| Woodruff they cannot have it. ] am per5uade1
| that authority, reason and simple justice re
! qure that the other defendants should be trieC
| separately from Woodruff.
THE MOTION he sUsrAINs
The motion, therefore. which / shall sustain
| will he the motion of OSullivan for a tria
| separate from that of Woodruff. Necessarily
| that viii lead to the sustaining Of Woodruff for
| a separate trial, although 1t does not deserv,
the Consideration the other applications do
| The other motions stand denied.
The decision was a surprise, and for c
| few seconds after its delivery a peculiar
quiet prevaded the court room and people
instinctively looked around to see who
would first break the silence and what wa,
| to follow. Mr.. Forest eventually arose and
| asked for an exception TO the decision
which was promptly granted, aud an order
was formulated. Tho court then adjourned
| until tomorrow.