New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-27
AN OLD TRADITION UPSET.
WITNESSES IN THE CRONIN CASE MAY READ
NEWSPAPERS.
TESTIMONY OF PHYSICIANS AS TO THE WOUNDS
On THE BoDY-THE HIRING OF THE
WHITE HORSE.

WHITE HORSE
Chicago, Oct 26.-In the Cronin trial to-day the
INST witness was County Physician Todd He testified
mat only Dr. Egbcrt his assistant and himself had the
combination to the vault in which the plate with the
iase teeth taken from DR.. Crunin's mouth was kept
nc hSd not entered the vault since DR.. Cronns death
Dr' d. c. Moore. who present at the autopsy. de-
scrloed the wounds and the marks Of Identification Of
"e Dody. After DR.. Moore had testified
at great length and minuteness as to the
wounds on Dr. Cronn's body the defence moved TO
exclude his testimony on the ground that he had
rsd the verbatim report of tho trial made by the
Associated Press in the papers this morning, which
gave he 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 excluded
witnesses while testimony being taken. yet the
reading of the testimony had precisely the effect
as the hearing of It,
Judge Mcconnell said he thought the evidence
should be excluded. There was storm of obiec.
tons from the prosecution. Messrs. Hynes and
Mills protested against such ruling and said that
they could not produce witness who had not
read all about this case and the Judge might just
as well adjourn the now, II he were going to
hold TO any such doctrine. After considerable arg-
ment on both sides, the Judge ruled follows:
The rule Of exclusion evidently is for the purpose
OF preventing the witnesses, who are excluded from
knowing what the witness the stand said either
for the purpose of affirming contradictlng their
testimony. But that rule was probably
conceived at the time when most OF
the rules pertaining TO the jury were con
cevedbefore the newspapers took such pains to pub
lish all the proceedings; and easily see that If
should enforce the rule in its old spirit. criminal
trials and great many civil cases could not be pro-
ceeded wlth-it would be impossible That rule was
wise In It's time, and may be wise to some extent yet
but 1t cannot be possible to make operate TO prevent
witnesses from testifyng to offences against the State,
tcGfifVnO IN ~ off I nntb bplipyn
that can enforce the rule.
" IL IL were possible for me TO ask the prOpretorS
OF newspapers not to publish these accounts, should
unquestlonably do that, but of course, no such re-
quest would be respected In this day of wide news
paper circulation and verbatim reports do not sec
that the court do more than simply exclude the
witnesses om the room, though the court appreciates
that that does not amount to anything at all'
The motion was consequently overuled and tho
Doctors testimony stands.
The next witness Patrick Dinan, the livery
stable keeper lie testified the facts I'm regard TO
the hiring of horse and buggy from him by DAM
Coughlin, Of the prisoners, on the day that Dr.
Cronin was murdered. substantially as they have
heretofore been published lie said that Coughlin
told him no wanted the horse for friend. This is
the buggy and white horse which carried DR. Cronin
to the Carlson cottage, whore he was murdered
Dinan continued by saying that a stranger came
about that evening and asked for the horse which
COuGhhn had hired from him. He was given the
white horse The stranger objected, and asked for
another but the witness refused to give him another
Then the stranger wanted the side curtains Of tho
buggy put on, but Dnan told him it dark and that
nobody could recognize him, If he wished to be dis
gused The stranger grumbled a little, but got into
the buggy and drove north, in
the dirsctlon Of Coughlln's house, where Dr.
Cronin lived. Tho man wore a llghtcoorcd
faded Overcoat and a small soft round hat, the
latter turned down his eyes. He had week
or ton days beard his face of a sandy color
shading to dark at the lower part. The witness hal
not seen the since that time. On the following
morning. early 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" COughlin who cautioned him
10 say nothing about his (COughlin's) having hired
horse the day before. because it was known that
he and Cronin were not good friends. and it might
get him (COughlin in trouble. After long and
Severe cross animation of Oman by Mr. Forrest.
Of counsel for the defence, in which the witness was
not at all confused the court adjourned untIl Mon
day morning.