The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-20
THE CRONIN CASE.
Daniel COughEin. One of the COnspira-
tors, Granted New Trial.
The Famous Case Again Brought Before
the Public BY Decision of the
Supreme Court of Illinois.

CHICAGO, Jan. 19.-Lawyer Forrest OF
counsel for the defense in the celebrated
trial of the alleged Clanna-Gaels for the
murder of Cronin, this afternoon stated
that he received information that the
state supreme conrt had reversed the find
| ing of tie lower court under which the
accused were convicted. The accused
were sentenced to the penitentiary for
life.
The opinion rendered by Chief Justice
Bailey of the Supreme court reverses the
| judgment in the case of Coughlin, one OF
the Cronin murderers and remands the
case for trial. The opinion makes IS, 0OO
words. The reversal is based principally
in the ineligibility of Bontecoe and Clark
two of the jurors. The justice shows by
the examination of these by two witnesses
/ that they were prejudiced when sum-
moned and had formed opinions, which,
when juggied by attorneys were to all APP
pearanes found to be groundless or re-
garded as jurors excuses. The honorable
justice after quoting from over fifty cases,
says in part.
"a juror who is known to have in his
mind fixed and positive opinion is not
impartial as a matter of fact. The fact
that he says he would give fair and i'm
partial verdict according to evidence, not
withstanding he previously testified he
had formed his opinion, does not remove
the barriers that disqualify him. AS
the justice interprets the case, he says:
TO compel person accused of crime to
be tried by juror who is prejudiced in
the case is not to give him a fair trial. -
The closing opinion says: eve are of
opinion that jurors Bontecoe and Clark
were disqualified, and the decision of the
court overrulIng 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 Schofield has written at the end
OF the opinion, 81 dissent both from the
reasoning and conclusions in the fore
going opinion Judge Magruder also
dissents and saws: ssThe Judgment is re-
versed upon the alleged ground that Ben
tecoe and Clark were not impartial ju-
rors.' The Judge then reviews the eX-
aminations of those jurors and considers
them sufficient to establish their compe-
tency. He says two facts are clearly dis
closed-that their opinions were based on
newspaper statements, and they believed
they would be able to render a verdict in
accordance with the law and evidence.
McGruder says t'if men who read
newspaper accounts are to be excluded
from the jury box. trial by jury might
well be abolished. - The fact that a iu
| IOI ca pICSoCu al OOll4Ou DdS6U O4 ueWS-
paper statements does not necessarily dis
qualify him, and in support of this Judge
McGruder cites number of opinions.
Dan Coughiin, the last of the Cronin
murderers left in prison at Joliet, was
seen by an Associated Press representa-
tive soon after he received word granting
new trial in his case. He expressed but
little surprise and seemed to think he
would be cleared next time.
he aIr,o
IN the Cronin case the opinion enter
tanned by a majority of lawyers is that it
is practically impossible to convict
Coughlin again. The principal witnes SEES
are dead and many other circums tances
initiate against conviction.