The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-20
Case Remanded to the Cook County Criminal
Court for Re- Trial Because of TwOln-
competent Jurors.
Little Probability that Coughlin Can
Be Convicted it Tried Again.
Patrick Oman, the Most Important Witness
Against Him, Dpad-Confidcnt of Ex-
0neration by q Second Jury.
CRONIN CASE REOPENED.

Decision of the Cook County Court Re.
versed and q New Trial Ordered.
Special TO the Indianapolis Journal
OTTAWA. ILL.,, Jan. 19.-The State Su-
preme Court to-day. among other decisions.
handed down an opinion in the Cronin
murder case. In which the court reverses
the decision of the lower court and remands
the case for trial. The decision is nearly
10000 words In length. and il does not, as
might have been expected. 60 into
the question of the guilt or
Innocence of the prisoners. but deals d.
rectly with the chief point at issue. namely,
whether or not the two jurors were quail
fed to act upon the case. in deciding
that these men-Bontecon aud Clark-were
not qualified to act as fair and impartial
jurors, the court goes to great length. and
In It's opinion cites a long list of authorities
from it's own previous decisions and the
decisions of courts of other States
1t says: The jurors. Bontecon and
OF opinions in their examination In the
lower court, and though the impression
may seem to have been slight. it was. new
ertheless, sufficient TO prejudice the minds
OF the lurymeD upon the particular point
From the opinions cited, taking them al
together. 1t Is plain that the rule In this
State. excepting so far as 10 is modified by
the statute. is perfectly we'll settled that,
If juror has formed deoided opinion up
on the merits of the case either from per-
sOnal knowledge of the facts or from state
ments or rumor. and the opinion is posi-
tive. he Is disqualified. No case Dan
be found where q Juror, after admitting the
existence In his mind of an opinion of that
character, has been permitted TO esta bllsh
his own competence by testifying that he
can, or Will, render an impartial verdict.
Sucn has been INFORMALLY held disQualiti-
cation per Sc. The incOmpetency of the
quence. which is incapable of being re-
butted. A jury should stand Indifferent
between the parties. Neither should in
fiuence its Judgment Or swerve it from
strict impartiality."
The court therefore, remands the case,
80 far o. Coughlin is concerned. TO the
Criminal Court of Cook county for re-trial.
Another dispatch says: daniel Cough
lin, the only man living of the three who
were sentenced to pass their lives within
the prison walls for the murder of Dr.
Patrick Cronin. is probably free man. The
verdict which condemned him was
to-day set aside Coughlin will
in all probability go free be-
convict him again. The witness Patrick
Oman. who swore that C0ughlin hired
from his livery stable the white horse
whlch carried Cronin away to his death,
died many months ago. His evidence waS
the main thing which led the jury to de-
clare that Coughlin was guilty of conspira-
cy to murder. Three of the four men who
stood trial with Coughlin-John Z. Beggs
Patrick .. Sullivan and Martin Burke-are
dead. kunZe was to oil intents and purposes
acquitted. and cannot be tried again. With
all his alleged companions in the conspIr-
acy out of the way. the States attorney
declares he can hardly convict one
man of conspiracy. and a direct
nh nE
against Coughlin In the first place. So
now the glee of the prisoner and of his at
torneys is unbounded over the prospect of
the cOnvicts' freedom and the probability
for them Of a triumphal end of one of the
most celebrated and sensational murder
trials that the world has ever known"