New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-22
THE FIGHT FOR COCGHLIN'S LIFE.
HIS LAWYERS GRASP At TEcHNICAL1TITs-M MRS
FoY TO TESTIFY TO-DAY.

Ills LAWYERS Oi<ioI ~ 49, i'.''N'''''' --'
FOY TO TESTIFY TO-DAY.
Cb,cago Dec N-An obstacle raised today
nv the defence at the trial OF Daniel Coughlin
r,,ch may keen the testimony Of twenty important
v,,neeses for the prosecution from reaching the
ears Of the jury. The taking OF testimony came
suddenly TO a standstill. the witness whose story
was objected TO received orders to step down ana
the Judge instructed the bans 10 take the Jury
back TO the hotel for the night. Mrs. Hermann. Il
milliner was called TO testify to conversation at
the Conklin home May with Patrick OSullivan
in which the dead conspirator said something
about DR.. Cronn being spy ana about IN" pro-
fessonal contract with the doctor The Defendant $
lawyer interposed objection and Judge Tuihill
overr1ed IL without further ceremony. Both law
yers protested, saying they had II few authoru""
TO cite The substance OF the objection was that
the rroposed evidence was not admissible because
O'Sullivan was not on trial because 1t related TO
a conversation on May g. after the conspiracy had
been consummatei. after the alleged murder hhd
been committed. and the rule or la" was ilih' the
language, acts or conduct Of one consrirator
after the conspiracy had come TO an end c9uld not
be admitted as evidence against co-c"hSPf"'o'
on trial. , , =, ,,
defence Mr. Bottum contendcd that the state was
compelled 10 prove at least one or the persons
charged in the indictment guilty IN additOh 10
Coughln before conspiracy could be proved;
The State proposed TO go ahead and try the dead
men we'll as the living conspirator In order TO
prove conspiracy Mr. Bottum iaid great stress r.5
the fact that Judge Cooley OF Michigan. had
ruled in Il similar case in favor Of his conten-
ton. Judge TuthiIl reserved his decision until
tomorrow.
There another sensation in the days pro
ceedngs when Mr. Bottum unexpectedly called me
name OF Mrs. Foy witness. Before Mrs. roy
had time TO reach the witness chair. however. the
defendants lawyers protested against Mrs. roy
telling her story because they had received no
of the states intention 10 call her TINS
afternoon. and they were not prepared 10 aIluc
Ian told the Court that Mrs Foy was in danger OF
breaking down physically and mentally. ana he
N hands q all -
her appearance In court at any other time she
had been threatened by the cmssaries Of the con-
spirators she had been frightened and intmidated
at her home. and had sat up all last night so as
~ he here to-day. She was afraid to go 10 sleep.
Judge Tuthil said he would order officers to guard
,nolesfed He had n talk with her in his chamber,
and announced that she could be called tomorrow.
..f,rnnin called out Mr.. Bottum, the public prose-
cutor There was a buzz OF excitement among the
audience and all eyes were turned upon gray
haired man "a he emerged from the Judges cnam-
Der and walked behind the bench to the witness
chair lie was the brother and only relative OF the
murdered doctor who has appeared in connection
with the conspiracy. and came from Kansas TO
testify briefly 10 identlficatlon