The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-20
ONE MORE CHANCE.
Dan CoughIin to Get a
New Trial.
AGAIN THE CRoNIN MURDER.
A Man Who Forms an Opinion From
Newspapers Cannot Sit on
Jury in Illinois.
special to THE MORNING CALL.

OTTAWA, Ill, Jan. 19.-The State Su-
preme COnri. in an opinion rendered by
Chief Justice Bailey to-day, reYerses the
verdict in the case of Dan COughlin. the
last of the men convicted for DR.. Cronin's
murder, and remands the case for trial.
The reversal is based principally on the in
eligibility of Bontecou and Clark, two OF
the jurors The Justice shows by the ex-
animation Of these two men that they were
preludiced when summoned. They had
formed opinions, which. when juggled by
the attorneys. were to all appearances found
to be groundless or were regarded as
jurors excuses
The Justice, after quoting from over fifty
cases says. in part: A juror who is known
10 have in his mind a fixed and positive
opinion is not impartial. as r matter of
fact. The fact that he says be gave fair
and impartial verdict, according to the evil
dence, notwithstanding that he had previ-
ously testified that he had formed an
opinion. does not remove the barriers that
diseuaify him, as the Justice interprets
the case.
He says: ITO compel a person accused
Of crime to be tried by juror who has
preiudiced the case is not to give him fair
trial"
In closing the opinion says: I'VE are Of
the opinion that Jurors Bontecou and Clark
were disqualified. and that the decision of
the court overruling the challenges was an
error. This necessarily works reversal Of
the case"
No other expression of opinions as to the
various other points raised by counsel are
given.
Justice Schofeld mas written at the end Of
the opinion: 81 dissent both from the rea-
soning and the conclusions in the foregoing
opinion"
Judge Magruder alse dissents and says:
''The judgment is reversed upon the al
legged ground that BOntecou and Clark
were lot impartial jurors" The Judge then
reviews the examinations of those jurors
aud considers that they sufficiently estab-
lish their competency. He says that two
facts are clearly disclosed, namely. that
their opinions were based on newspaper
statements and that th ey believed in their
own ability 10 fairly aud impartiallY rem
der verdict in the case in accordance with
the law and the evidence. After comment
on the general use Of newspapers by the
pnblic. Judge Magruder says: If the men
who read newspaper accounts are excluded
from the jury-box. trial by jury might as
well be abolished. The fact that juror
expressed an opinion, based on newspaper
statements, does not necessarily disqualify
him." In support of this Judge Magruder
cites a number of opinions.
JOLIET, H., Jan. 19.-Dan Coughlin. the
last of the Cronin murderers left in prison
here. was seen by an Associated Press rep
Tesentative soon after he received word
granting a new trial in his case. He ex-
pressed but little surprise aud seemed to
think that he would be cleared next time.
CHICAGO, Jan. 19-Regardlng the Su-
preme Court decision in the Cronin case,
the opinion entertained by the majority of
lawyers here is that is practically impossi-
bic to convict Coughlin again. The prin-
cipsl witnesses are dead and many other cir
cnmstances mllitata against ennYletinn.