Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-08-30

CHICAGO, August 29.-Judge McCon-
nell this morning decided that all the de-
PENDANTS in the Cronin trial must be tried
together with the exception of Frank
Woodruff. He said that in view of Wood
ruff's confession it would be manifestly un-
fair to allow him to 60 on trial with the
others.
All the defendants then took exception to
the ruling of the Court refusing them sep
arate trials, and the Judge granted 20 days
in which to file bills of exception. The
attorneys for the various defendants then
expressed themselves as ready to proceed
with the trial. The following is Judge Nc
Connell's decision:
GENTLEMEN in disposing of this motion
shall not attempt to go into any argument
whatever; that is, into any extended argument
as to the grounds of my decision, but shall SIM
ply content myself with making the decision
and state In general way why do 1t. The
STATE OF THE CASE
is substantially this: Daniel Coughlin, Martin
Burke. Frank ]. Woodruff, alias Black, John
F. Beggs. Patrick O'Sullivan, John Kunze and
Patrick Cooney are jointly indicted for the
murder of Patrick n. Cronin. All of them.
except Coonsy. are in court and have entered
pleas of not guilty. Daniel Coughlin moves for
aseparate trial. asking that his case may be sew
cred from all other defendants, Martin Burke
and Frank F. Woodruff each make a similar
motion. Patrick O'Sullivan enters two mo-
tions, one that he be accorded a trial separate
from the defendants Burke and Coughlin. and
the other that his trial may be severed from
that of Woodruff.
These several motions are supported by afi-
davits substantially containing. as conceded by
the States Attorney, the evidence which was
rendered the grand jury. and upon which that
body bases the indictments. The form of the
Indictment and particularly the character of
that several of the defendants can be con-
victed only upon the successful establishment
of conspiracy to murder DR.. Cronin and also
of the further fact that they were members of
that conspiracy. These defendants therefore
can IN no respect be injured or prejudiced by
evidence tending to show the completely of
others in the alleged murder. unless it shall be
established, first that there was conspiracy
and second, that they and the others were
united In that conspiracy.
NO UNDUE PREJUDICE.
The Judge row presiding cannot presume
that improper evidence will be admitted at the
trial, nor can he presume that the trial Judge
Sa,n T nos LSKs every ptec9aIlon wnen tne case Is
shall be unduly prejudiced by any evidence
which during the trial shall be admitted as
against some of the defendants which may not
be competent as to all the others. must also
presume that the trial Judge will not even per-
init the jury to speculate upon the truth or
innocence of defendant, unless he believes
that there is sufficient competent evidence
against him to sustain a conviction.
These considerations are satisfactory to me
in denying severance of trial so far as any
grounds for separate trials are based upon the
evidence of facts prior to the time of the muir
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 without the greatest en-
bsrrassment- In his series of confessions he
has in one way and another implicated nearly
all the defendants. His confessions are COM
petent evidence against him, and almost neces-
sarily when he Is sitting in the dock with them
would be fatally injurious to the others. The
prisoners are entitled to a fair trial-associated
with Woodruff they cannot have it.
am persuaded that authority reason and
simple Justice require that the other defendants
should be tried separately from Woodruff.
THE JUDGES DECISION.
The motion, therefore, which 1 shall sustain,
will be the motion of O'SuIlivan for a trial
separate from that of Woodruff. Necessarily
that will lead to the sustaining of the motion of
Woodruff for a separate trial, although it does
not deserve the consideration the other appli-
cations do. The other motions stand denied.
The decision was a surprise and for a few
seconds after its delivery peculiar quiet
the c0urtroom and people in
looked around to see who would
first break the silence and what was to
follow.
Mr.. Forrest Eventually rose and asked for
an exception to the decision, which was
granted. and the order was formu-
lated. The court then adjourned until to-