The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-09-17
STILL WITHOUT A JUROR.
TWO MEN OPPOSED TO HANGING
REJECTED 5Y THE STATE.

ASS A1aAes u 1lgnt TO secure the
exhaustion OF the Regular Panel Be-
fore Resorting to Special venires.
CHICAGO, ILL, Sept 16--When the
Cronin trial was resumed this morning.
lawyer Forrest for the defense, on behalf OF
Daniel Coughlin, challenged the special
venire of jurymen on the ground that the
regular panel had not yet been exhausted
de said that in the trials of Mcdonald and
McGarigle in the celebrated "boodlen trial.
which resulted in their conviction, that
every two weeks they had regular panel
which was used up before the special venire
was resumed
panel every two weeks,a said Mr.. Forrest.
"and demand it,"
THE JUDGES RULING.
After a brief discussion Judge McCon-
nell said: $50 far as Mr.. Forests su0-
gestions are concerned, | see nothing Ia
them whatever. / believe that this court
Is sitting as "A separate court and controlled
independent of all other branches A par
ticular judge of a criminal court has UNDER
taken to find jury in this case, and, having
no panel at that time, he has undertaken to
get a jury by special venire. IL is proner
for him to continue to call by special srJ4k-
mons upon citizens Of the county for Jury
service. At the same time, il regular
panel were present, would not hesitate for
a moment to tender them to you, gentle-
men, Tor selection. l think that without
any we have a right to proceed to
the end, and get jury by special venire.
But am so anxious to get a jury that
will proceed to any end in order TO do so.n
[Laughter.l
THE MOTION ovERRULED.
The States Attorney-The only question.
your honor, is whether this special venire
was issued and properly served. IL il was,
then their motion should be overruled.
The Court will overrule the challenge.
but II later on the defense wants that panel
brought from the other room they can have
it.
Mr.. Forrest-Very well, your honor. At
the same time, wish to save an exception.
Messrs. Donahoo and Foster also formally
made the same motion on behalf OF their
clients, OSullivan, Kunze and Beggs It
was overruled "A d the customary exception
was taken. The examination of the tales
men was then resumed.
sCRUPLEs AGAINST HANGING.
Some interesting matters were develope6
in the examination Of Cyrus NJ Davis.
He was asked: "Have you conscientious
scruples against the death penaltyY' and
answered: II have on circumstantial evil
dence.n
suppose the circumstantial evidences was
strong enough to convinco you beyond a
reasonable doubt OF the guilt Of the parties,
would YOU still objectP
A.-Yes, sir.
The states attornaw--I challenge tno
juror for cause.
Mr.. Forrest object.
EXPLAINED BY THE COURT.
ne Court-The question is If In case OF
van etf ffn.s h.. yl.G.
guilty, supposing the evidence is Ia that
direction, would you be opposed to capital
punishment
A.-No Sir
The Court take the position that the
statute does not contemplate difference be-
tween kinds of evidence. IL man is con-
scientiously opposed to the infiicton Of the
death penalty in any case he is an incompet-
ent juror, but If he is opposed TO 1t simply
because tho evidence was entirely circum-
stantial, it docs not come under the statute.
Without passing upon thst question now,
will ask the juror q question: You sesm to
have considered the difference between
positive and eli cumstantial evidenceg
AN IMAGINATIVE CASE
A.-Yes.
Q.-What would you do Independently
Of this question, If sitting upon jury, il
all the evidence was circums antial? Would
were convinced beyond all reasonable doubts
of the guilt of the defendants and that ver-
dict involved the death penalty2
A.-Yes, sir, il | understand the ques-
ton, provided it did not contain capital
punishment.
Q.-Would you be unwilling to find a
verdict involving life imprisonment
Aft the evide CO warran oil should
be in favor Of life imprisonment.
MIR. Miils-He is pledged against the
death penalty.
THE CHALLENGE sUSTAINED.
The Court ans going to sustain the
challenge on the ground that do not think
a man is a competent juryman in C ini
nal cases who Is willing TO co ne to YER
dict upon a certain sort of evidence which
may involve IA certain penalty, and which
TO tho minds of mauy men is more severe
than the death penalty, when in his
own mind he distrusts his
Judgment on the evidence itself
and is unwilling to inflict the death penalty
where the evidence convinces his MAD be-
yopd all reasonable donbt | do not think
he ought to be juryman in this case, and
excuse him for that reason.
Another case of precisely similar charac-
ter came up in the afternoon and brought
out long discussion. At its conclusion the
court ruled as befoe, sustaining the chal-
lenge for cause. An exception was taken.
NEW PLOT DISCOVERED.
The EUening Net0s says ''The latest
story in the Cronin case relates to an
alleged plot TO make it appear that DIR.
Cronin was murdered in London, on
the ground that he was British spy. It is
said that the police are in possession of evil
dence to show chat ths conspirators had
made arrangements to have found in the
Thames river a mutilated and dis
figured corpse arrayed ia the clothes
wn.cn DR.. Cronin wore on the night he
disappeared, together with his watch and
other trinkets. In the pockets of the corpse
were to be found forged letters showing
that Dr. Cronin had been in correspondence
with detectives Of Scotland Yard for a
number Of years. One of the men now on
trial in the CroDin case is said to have been
delegated to attend to the American end of
the plot. The discovery of Dr. Cronfn's
body in the catch basin in Lakeview upset
the plaus of the plotters, and this man fed
from the cottage on the night of May %"
The Journal this evening publishes the
above story and connects the names OF John
f. Beggs, now on trial for Dr. Cronin's
murder, "Bill" Starkey, Chicago fugitive
from justice, and DR.. Callan of Hancock,
Mich, with the job of getting DR.. Cronin's
clothes across the water.
A UaIua1,la Stallion, Taad