The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-10-27
AN OLD RULE OVERTHROW
Witnesses Who Read Newspaper Reports
Cannot Be Barred from Testifying.
Important Decision Affecting Testimony at
the CrOnin Trial-Patriek Oman Tells
the Jurors About the White Horse.

CHICAGO. Oct. 26.-The Cronin trial was
resumed at the usual hour this morning.
The first witness was County Physician
Todd. He testified that only DR.. Egbert,
ms assistant and himself had the combina-
ton to the vault in which the plate with
the false teeth taken from DR.. Cronin's
mouth was kept. He Or. Todd had not
entered the vault since Dr.. Cr0nin's death.
DIR. ID. G.. Moore, who was present at the
autopsy, was called and described the
wounds and the marks of Identification of
the body. Dr.. Moore testified at great
length and minuteness as to the wounds on
DR.. Cr0nin's body. The defense moved to
exclude his testimony on the ground that
he had read the verbatim report of the
trial, made by the Associated Press. in this
mornings papers, which gave the entire
testimony of DIR. Egbert. They argued
that the physician read this, knowing that
he was to testify, and that the order of the
court excluded witnesses while testimony
was being taken, yet the reading of the
testimony had precisely the same effect as
the hearing of it.
Judge Mcconnell said he thought the evil
dence should be excluded, when there was
a storm of objections from the prosecution
and clamors to be heard. Messrs. Hynes
and Mills protested against such a ruling,
and said they could not produce a witness
who had not read all about this case, and
that the Judge might just as well adjourn
the case now, if he was going to hold to any
such doctrine.
After considerable argument ON both
sides the Judge ruled as follows: 1.-The rule
OF exclusion evidently is for the purpose of
preventing the witnesses who are excluded
from knowing what the witnesses on the
stand said, either for the purpose OF affirm
ing or contradicting their testimony. But
that rule was probably conceived at the
time when most of the rules pertaining to
the jury were CONGRATULATIONS the news,
papers took such pains to publish all
the proceedings, and l can easily see that
if L should enforce the rule in its
old spirit, criminal trials and a great
many civil cases could not be proceeded
whit would be impossible. The rule
was wise in its time, and may be wise to
some extent yet, but it cannot be possible
from t~estifying to Otfenses against the State,
or testifying to matters of defense. L
DO not believe that / can enforce the rule.
If it were possible for me to ask the pro-
prietors of newspapers not to publish these
accounts, / should unquestiOnably do that,
but of course no such request would be re-
spected. In this day of wide newspaper
circulation and verbatim reports l do not
see that the court can do more than simply
exclude the witnesses from the room. and
the court appreciates that that does not
amount TO anything at ALL"
The motion was consequently overruled,
and the Doctors testimony stands.
The next witness was Patrick Oman,
the livery stable-keeper. He testified
to the facts in regard to the hiring of a
horse and buggy from him by Dan Cough
lin, one of the prisoners, on the day that
DR.. CrOniD was murdered, substantially as
they have heretofore been published. The
witness said that Coughlin told him he
wanted the horse for a friend. This is the
buggy and white horse which carried DR..
Cronin to the Carlson cottage, where he
was murdered. Oman continued by. say
ing that a stranger came about 2 o'clock
that evening and asked for the horse
which Coughlin had hired for him. Helwas
given the white horse. The stranger OBJ
lected and asked for another. but the wit
ness refused to give him another: then the
buggy put on. but Oman told him it was
dark and thatnObOdy could recognize him
if he wished to be disguised The
stranger grumbled a little. but got
into the buggy and drove north
where Dr.. Cronin lived. The stranger wore
q light colored or faded Overcoat and a
small, soft. round hat. the latter turned
down over his eyes. The man had a week
or ten days beard on his face of q sandy
The witness had not seen the man since
that time. On the following morning early
a policeman came to his stable to know
whether or not he had let any one have a
white horse the night before. Witness,
suspecting something wrong, went to the
police station. There he met Dan Cough
lin. who cautioned him to say nothing
about his (COughlin's) having hired a horse
the day before because it was known that
he and Cronin were not good friends, aud
If MIGHT pet him GOuphlinl into trouhla
tion of Oman by Mr.. Forrest, of counsel
for the defense, in which the witness was
not at ali confused, the court adjourned
until Monday morning.
A man named Martin Duane was arrested
to-day, at st. Joseph, Mich. 1t is rumored
he is wanted for completely in the Cronin
case.