The Helena independent., 1889-08-08
WANT TO SEE BURKE.
The Attorneys of the Cronin suspect Kept
Prom the Prisoner.

The Attorneys of the Cronfn suspect Kept
Prom the Prisoner.
CHICAGO, Aug. This morning Judge
Baker issued a writ Of habeas corpus for
the release of Martin Burke, the Cronin
suspect. The writ was obtained by Law
yer Kennedy, who had been refused per-
mission to see his client Ii was returnsble
at 5 o'clock this afternoon, but IL was is
sued with the understanding that II the Of
| icials permitted Kennedy 10 see Burke be-
fore that hour the matter would be
dropped.
Ats D. m. Chief Hubbard. States-Attor-
uey Longnecker and Corporation Counsel
Hutchinson appeared before Judge Baker
The latter, without any prellminaries,
ply TO the writ, that Burke was
not in the custody OF Chief
Hubbard at all. Burke, continued Hutch
inson, was in the hands OF Officer Collins,
who held him on the requisition and who
was acting as messenger for the presi-
dent Of the United States. A whispered
consultation here took place between Seha-
tor Kennedy aud Lawyer Forest attorney
for Coughlin, who was present IN the court
room- Kennedy then demurred 70 the re-
turn on the ground that il was eyasive.
When applied to yesterday, Hubbard had
said Burke was in lis custody and that
the prisoner would - kept secluded A
wrangle between the lawyers ensued,
Baker, saying There Is no doubt that
Burke Is entitled 10 see his
attorney and that Kennedy has the right
TO talk with b 5 client. AS for the Gus
tody of the prisoner, there can be no doubt
that il lies in the hands of the person hold
ing the writ of extradition." BuTke's law
yer then drew up new peutlon, asking
that the writ of haDeas corpus be directed
to Oftlcer Collins on the ground that the
officer was bound under his commission ss
q messenger to bring Burke into Illinois
and turn him over TO the proper autnorl-
ties. This he had not done, but placed MIN
in police station OF the city OF chicago
under the Jurisdiction OF Chlef Hubbard.
The petition charges that Hubbard was
heard 20 say that he would not send Burke
TO jail before noon of Aug. II, as he had
purpose of his own in keeping him out
Judge Baker then issued an order for
writ as pray ed for, returnable at noon to-
morrow.
Chief of Police Hubbard, in company
with several of Dr. CroDin's friends, went
down TO see Burke this afternoon for the
purpose of Identification by the friends
Hubbard carried him a letter which had
been in the north siOe postOfhce some time
Tor Burke Ii was from his mother, in
Iowa. The prisoner opened the letter and
himself upon the floor Of the cell and cried |
like child. Seeing his grief-stricken con-
dition IL was decided To postpone the con-
frOntation of the witnesses until another |
Rae, of Winnipeg, viii be witness
at the trial; that he won Burke's confidence /
during the latter's sojOurn in Winnipeg, |
and the prisoner made important sdmis-
sions TO him. The authorities here are Il
confident that Burke will eventually con-
fess. States Attorney Longenecker said /
to-day: IL do not think he can hold out /
against the unavoidable prospect of an exc
cution for murder. 1 think he will con-
fess. 1 am certain Burke is one of the L
men who actually killed Cronin, and moth L
ing in the world can save him from the Il
gallows, except 8 juror who would not
hang anybody. With all the evidence /
We have against Burke, aud there IS
far more than has been published, |
there is no escape for him, and he Il
will drag down the Others with him also.
We have evidence that cannot be cOntro-
verted."
Ii seems that the murder of CrOnin is not Il
the first crime q that nature with which i
Burke has been charged. He was arrested
In 1881 on suspicion uf having been con-
nected with the death Of one Tony Gala
CHER, but was discharged for lack Of proof
Frank Woodruff, in jail under an indict
ment charging him with conspiracy TO
NJ urder DIR. Crontn, takes his confinement
more cheerfully and philosophicnlly than
any OF the others charged with the same
crime. This morning he received letter
and express package from California and
"shOJk a roli," as he tx
presses IT, in the faces OF his j4ilors. The
money came from his step-mother.