The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-06-15
Judge Tuley Exhaustiyely Reviews the Testi-
mony Presented to the Coroner, and Finds
1t insufficient to Hold the Prisoner,
Though the Evidence Points Strongly to
His Connection with the Conspiracy.
Developments in the Cases of MarOney and
Mcdonald at New York-An Effort to
Make the Arrests Political Matter.


ALEX. SULLIVAN RELEASED.
Judge Tuley Renders q Decision in His Favor,
and Fixes Bail at $4,000.
CHICAGO, June 14.-Alexander Sullivan
was to-day restored to liberty by Judge
Tuley. The release was the immediate re-
suit of Sullivan's application for writ of
habeas corpus. Bail was fixed at $4,000,
and was promptly furnished by four we'll
known citizens, each of whom represented
many times the total amount asked. Mr.
Sullivan walked out of court, after having
been less than three days in custody. The
Judge held that the coroner's jury had been
influenced by outside sentiment.
Seldom, If ever, has a case drawn such q
crowd as that which assembled this after
noon to hear the expected decision. The
courtroom was jammed, and big con-
course of men assembled in the corridors
adjoining, seeking to catch from afar the
words from the Judges lips. States Attor-
ney Longenecker and his assist
ant, Mr.. Baker. were in close
consultation with Judge Tuley before
he came on the bench. Several unknown
| men also filled his chamber. They were,
presumably, members of the coroner's jury
who returned the verdict in the Cronin
case.
Mr.. Sullivan was early on the scene. He
was brought in by Sheriff Matson PERSONAL
ly, who escorted him through the Judges
chamber before the chancellor's arrival. on
account of the large crowd at the other
doors. On Mr.. Sullivan's arrival he took
seat in the center of circle formed by
1ox
Gilbert, with whom he entered into Q whis-
pered consultation. A score of members of
the bar who evinced professional and
+ friendly interest in Mr.. Sullivan's case
were present. Coroner Hertz occupied q
seat by Judge Longenecker, and Congress-
man Lawler came in when everybody was
seated, calling from the jocular Trude the
observation, 'Lawler is here; now let the
proceedings begin"
There was wait of three-quarters of an
hour before Judge Tuley reached his court
room. Finally at 3:45 p. NJ. he ascended to
the bench with a written opinion, which it
soon became apparent had been made only
after a careful analysis of the whole m ass
of testimony in the case, and not, as first
proposed. merely that relating to Sullivan
alone. Mr.. Sullivan braced himself in his
chair and kept his eyes fixed on. the court
Judge Tuley said: Il suppose there will
be no further steps taken beyond this evil
dence before the coroners juryw
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-of-fact manner. began reading his
decision, and had not proceeded two min
| utes when the frOwns Of those identified
with the prosecution told which way the
drift ran. The decision, in full, was as fol-
lows: :.
This is an application for a habeas corpus writ
and discharge upon bail OF the respondent,
Alexander sullivan, under that provision OF the
provides pro that "Ali Is persons shall be baaSle by
sufficient suretles, except for capital ofenses
| where the proof is evident or the presumption
turn, held upon q warrant charging him. to-
gether with three others, with the crime of muir
der-of the killing OF the late Dr. Cronin By an
array Of counsel the evidence taken before the
coroner's jury was submitted TO the court in Or
der that the court might determine upon that evil
| dence whether or not the prisoner should be en-
| titled to bail; in other words, that the court
should decide whether OF not the case, as pre-
sented against the respondent Sullivan. was a
|
sumption of guilt great
I find something near Il 90 typewriter pages
| OF evidence taken before the cOr0ner's jury.
was Obliged to read that entire evidence-not
| that much OF it, OF, indeed, very little, appears
| TO relate TO the defendant Sullivan. but for the
purpose OF determining whether this murder,
from the evidence. Inarder committed in
pursuance OF a plot or a conspiracy. There was
was irrelevant-that would not be admissible
| upon hearing before committing magistrate
or trial before petit jury. have no criti-
jury. 1t is not expected that in an investigation
| by the coroner he will be ruled by the strict
rules OF evidence In fact, ii i his
| if it will tend to put him upon the
| track of the real evidence which may he OBJ
| from this hearsay evidence in this case that the
| corOners jury obtained the impression or sup
position, ultimately, that conspiracy had been
| formed to murder Dr. Cronn. The question
here is to how far that evidence affects the re-
spondent Sullivan. That is to say, how far he
| would be affected by tie legal evidence that
would be admissible in a court of law: that
| would he admissible upon a hearing before a
| committing magistrate, or trial before petit
| jury.
There are a number OF persons who testified to
| the declarations of the deceased-to remarks and
sentiments that he made in connection with the
| he had lived for several years. testified TO the
fact that for three years Dr. Cronin said his life
| was in danger, and among other persons whom
! he mentioned as those who had injured him was
| the respondent Sullivan. A. +. Seaman testified
| 10 same ing; Chat he smoke 10
| him in connection with the statement that mis-
| life was in danger, and said that Sullivan would
| be glad 10 get him ont Of the way, as he lCroninl
| had something that he could prove against
| Sullivan. Mr.. Conklin testified 10 the fact that
| Cronin believed his life in danger from sullivan
| not from Sullivan personally or directly, but
that sullivan would instigate the killing Of him
| fCronin.l Mr.. Barry testified Substantially 10
| the same thing-that Cr0nin stated that there
were number OF men brihed TO assassnate him,
and that, back of all. hebelieved the respondent
Sullivan was the instigator. Mr. Morris testified
substantially TO the same thing. Another witness,
of two rascals-one Boland and the other Sulli-
van; also that Dr. Cronin said that not only Sull-
van, but man by the name of Buckley was trying
tog get him out of the way. Mr.. OConnor testified
that Cronin said that the exposures
he had made rendered him afraid OF
his life. Mr.. Ives testified to very
singular statement OF Cronin's in regard to some
examination before justice or notary. In which
Cronin was cross-exaDined with great partic
ularity by some attorney, and which he thought
was part OF plot TO ruin his character, and tina,
Sullivan was back OF that plot.
None Of the parties directly implicated there
have been called so show whether Sullivan was
back of II or not. only cite this as showing
that he was not only in fear OF his life. partic
uarly from Sullivan, but also from others Mr.
| Dillon testified that Cronin said that Sullivan
would be the cause OF his death. He SAYS Cronir
talked about II so much that he thought that he
| had Alexander Sullivan the brain Mr. Moore
testified that Cronin believed there was a con
spfracy to put him out OF the way.
Mr. Haggerty's evidence Is probably the mos,
| Sullivan, and the statements testified to were
mada ahouf the time of the trial of Ilr C,o,t. I,