Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-20
A NEW TRIAL FOR COUGHLIN.
Two Jurors In the Cronin Case Who wer
Ineligible.

Two Jurors In the CrOnin Case Who Were
Ineligible.
Daniel Coughlin, the only man living of the
three who were sentenced to pass their lives
within prison walls for the murder of DR.. Pat
rick H. Cronin Of Chicago, Is probably a free
man. The verdict which condemned him was
yesterday set aside by the Illinois supreme
court and his case was reversed and remanded
for new trial. Coughlin will now. in all prob
ability go free because it will be practically i'm
possible to convict him again.
The witness Patrick Oman, who swore that
Conghiin hired from his livery stable the white
horse which carried Cronin away to his death,
died many months ago. His evidence was the
main thing which led the jury to declare that
Coughlin was guilty of conspiracy to murder.
Three Of the four men who stood trial with
Coughlin-John b. Beggs. Patrick O'Sulivan
and Martin Burke-are dead. Kunz was to all
intents and purposes acquitted and cannot be
tried again. With all his alleged companions
in the conspiracy out Of the way the states at
torney declares that he can hardly convict one
man of the conspiracy. and a direct charge of
murder was not proven against Coughlin III tho
first place.
INELI8IBILITY OF TWO JURORS.
The reversal is based principally on the in
eligibility of Bontecou and Clark, jurors. The
justice shows by the examination of these two
which is given nearly in full, that they we're
prejudiced when summoned: that they had
formed opinions. which. when juggled by the
court and attorneys. were, to all Appearances,
found to be groundless or regarded as jurors
excuses.
There we're forty-six errors claimed by the
counsel for the defendants and of these the
court did not think it worth while to consider
more than the one touching the two jurors.
The two men. E. J. Bontecou and BENJAMIN F.
Clark, were not on the regular panel, but were
brought into court on a special venire made by
a bailiff especially appointed by the trial court
for the purpose.
At the time they we're called and examined
as jurors Coughhn had exhausted the
number of peremptory challenges allowed
by law and could do no more than aver
his objections to the sitting of the two men as
jurors.
JURORS WERE PREJCDlCED.
When Bontecou was examined by the counsel
for the defense he testified that he had read
newspaper accounts Of the commission of the
crime and had an opinion as to the guilt of
Coughlin. Burke and O'Suivan, but that his
opinion would not prevent him from being an
impartial juror. Bontecou testified that he
entertained a stroug prejudice against the
members of Camp 20, Clan-na-G Gael, and would
refuse to believe them under oath, and most OF
inc WitHesscs iOr SOubulin were members OF
that body.
Clark testified that he had an opinion as to
the guilt of the accused men. based upon what
he had read, but that he could render a fair and
impartial verdict. On cross-examination he
admitted that he had frequently expressed an
opinion as to the guilt of the accused and said
that he entertained a prejudice against the
Clan-na-Gael.
The court held that the competency Of these
jurors was established and overruled the chal-
lenge for cause interposed by Coughlin. This
proceeding, the supreme court declares, was
an error, because the defendant had a right to
fair and impartial trial, and it was evident
that he could not have had such a trial, when
two OF the men who condemned him had ad-
mitted before the trial began that they were
prejudiced against him and against the men
who gave the bulk of the testimony which he
introduced in his behalf.
Two Of the justices. Schofield and Magruder.
dissented. Justice Scbofeld writing at the end
OF his opinion: 81 dissent both from the
reasoning and conclusions in the foregoing
opinion"
Justice Magruder declares that because the
men had read the newspapers was no reason
why they were disqualified to act as jurors. In
his opinion neither Bontecou nor Clark had
expressed themselves in such a way as to dis
qualify them from acting as Jurors
The decision is Is, 900 words in length and
covers sixty-three closely typewriter pages
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