The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1889-11-02

CHICAGO Oct. 2G-The Cronin trial was re-
sumed at the usual hour this morning
DIR. ID. e. Moore, who present at the
autopsy was called and described the
wounds and the marks of indentication OF the
body.
After DR.. Moore had testified at great,
length and minutencss to the wounds on
DIR. Cronin's body, the defense moved to ex-
clude his testimony on the ground that he
had read the verbatim report of the trial in
this mornings papers which gave the entire
testimony of DR.. Egbert. They argued that
the physician read this, knowing that he was
to testify, and that the order of the Court ex-
cluded witnesses while testimony was being
taken, yet the reading of the testimony had
precisely the same effect as the hearing of IL.
Judge Mcconnell said he thought the evidence
should be excluded when there was storm of
objections from the prosecution and clamors to
be heard Messis. Hynes and Mills protested
against such ruling, and said they could not
produce witness who had not read all about
this case, and that the Judge might just well
adjourn the case now, If they were going to hold
to any such doctrine.
After considerable argument on both sides,
the Judge ruled follows: The rule of ex-
Guiding evidently is for the purpose of prevent
ing the witnesses who are excluded from know
ing what the witnesses on the stand said, either
for the purpose of affirming or contradicting
their testimony.
But that rule was probably conceived at the
time when most OF the rules pertaining to the
jury were conceived before the newspapers
took such pains to publish all the proceedings;
and can easily see that II should enforce the
rule in its old spirit criminal trials and great
many civil cases could not be proceeded with
it would be impossible, That rule was wise in
its time, and may bo wise to some extent yot,
but IL can not be possible TO make 1t operate TO
prevent witnesses from testifying to o1enses
against the State or tcstifying to matters OF
defense. do not believe that can enforce the
rule.
II 1t were possible for me to ask the propri-
etors OF newspapers not to publish these ac-
counts, should unquestionaby do that but,
OF course, no such request would be respected.
In this day OF wide newspaper circulation and
verbatim reports, ! do nc see thrt the Court
can do more than simply exclude the witnesses
from the room; that the Court appreciates that
that does not amount TO any thing at all.
The motion was consequently overruled and
the doctors testimony stands. The next wit
ness was Patrick Dinan, the livery stable
keeper He testified to tc facts in regard to
the hiring OF a horse and buggy from him by
Dan Coughin, one OF the prisoners, on the day
that DR.. Cronin was murdered. substantially as
they nave heretofore been published.
The witness said that Coughlin told him he
wanted the horse for "a friend. This Is the bug
gy and white horse which carried Dr. Cronn to
the Carlson cottage, where lie was murdered.
Dnan continued by saying that "a stranger
came at about that evening, and asked for the
horse that CoughlIn had hired for him. He
was given the white horse The stranger OBJ
jected and asked for another. but the witness re-
fused 10 give him another. Then
the stranger wanted the side cur.
tains OF the buggy put on, but
Dinan told him II was dark, that nobody could
recognize him II he wished to be disguised. The
stranger grumbed little. but got into the
buggy and drove north, IN the direction OF
Conislins house, where Dr. Cronin lived
~ "A a n ami unt M a
Oman by Mr. Forrest, OF counsel for the do.
tense, In which the witness was not at all con.
fused. the court adjourned until Monday morn
Ing. ftl 9l