St. Paul daily globe., 1893-01-20
COUGnLIN IS IN LUCK.
New Trial Granted the Last
Living Alleged Cronin
Murderer.
It Will Be Practically Impos-
sible 10 Convict Him
Again.
The Principal Witness Against
Him Died Some Months
Ago.
fneligibility of Two Jurors
the Reason for the Re-
Versal.

OTTAWA, H., Jan. 10. 9.-Daniel Cough
lin. the only man living of the three who
were sentenced to pass their lives
within prison walls on the charge of the
murder of DR.. Patrick II. Cronin, is
probably a free man. The verdict
which condemned him was today set
aside. and his case was reversed and re-
handed for a new trial. Coughlin will
low in ali probability 20 free, because
t will he practically impossible to con-
1ict him again. The witness
Patrick Dinap. who swore that Cough
in hled from his livery stable the
white horse which carried Cronin away
% his death, died many months ago.
His evidence was the main thing which
led the jury to declare that Coughlin
was guilty of consp racy to murder.
Three of the four men who stood trial
with Coughlin-John f. Beggs, Patrick
O'Sulliyan and Martin Burke-are
dead Kumze was to all intents
and purposes really acquitted, and
cannot be tried again. With all his
alleged companions in the conspiracy
out of the way, the states attorney de-
clares thar he can hardly convict one
man Of cOdspiracy, and direct charge
of murder was not proven against
CoughIin in the first place. So now the
glee of the prisoner and OF his attor-
neyS Is unbOunded over the pr0Spect OF
the COnvict'S freedom, and probability
for them of the triumphant END of one
OF the most celebrated and sensational
murder trials the world has ever known.
JurOrs Eneii@ibIe.
The reversal is based principally on
the ineligibilily Of Buntec0u and Clark,
jurors. The justice shows by the eXami-
nation of these two jurors. which is
given nearly in full, that they were
preiudcad when summoned: that they
had formed opinions. which, when jug
gied bV the court and attorneys, were,
to all appearances, found to he ground
less or regarded as Jurors excuses.
There were f0rty-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, F. y. BOntccOu and
BENJAMIN F. Clarke, were not on the
regular panel, but were brought into
court WI IL NDttlGl NNIllC. HltlNlC ny q
bailitf especially appointed by the trial
court for the purpose. At the time
theV were called and examined as
jurors, Coughin had exhausted the
number of peremptory challenges
allowed by the law. and could do no
more'than aver his objections to the sit
ting OF the two men as jurors. When
Bontecou was examined 10y the counsel
for tie defense he testified that he
had read newspaper accounts of the
murder, and had an opinion as to the
guilt of COughlin. Burke and O'Suli-
van, but that his opinion would not pre-
vent him from being an impartial juror.
Bontecou testified that he entertained
a Strong Prejudice
against the members of Camp 20, Clan
ma Gael, ANA would refuse TO believe
them under oath, and most of the wit
nesScs for Coughlin were members of
that body. Clark testified that he had
an opinion as to the guilt of the accused
meu, based upon what he had read, but
that he could render fair and Impair
tal verdict. On crOsS-eXamination he
admitted that lie had frequently eX-
pressed an opinion as to the guilt
of the accused. and said that he
entertained a prejudice against the
Clan ma Gael. The court held that
the competency of these jurors
was established and oVerruled the chal-
lenge for cause interpOSed by COugblin.
THIS proceeding. the supreme court de-
clareS, was in error, because the defend
ant had right TO fair and impartial
trial, and it was evident that he could
not have had such trial when two Of
the men who condemned him had adj
mitted before the trial began that they
were preiudiced against him, and
against the men who gave the bulk OF
tie testimony which he introduced in
his behalf.
Two justices dissented. Justice Scho-
field writing at the end of his opinion
II dissent both from the reasoning and
conclusions III the foregoing opinion"
Justice Magrudder declares that be-
cause the men had read the newspapers
was no reason why they were diSquali-
fed to act as jurors. In his opinion
neither BOntecOu nor Clark had eX-
pressed themselves in such way as to
disqualify them from acting as jurors
Ihe decision is $4,000 words in length
and covers siXty-three closely type
written pages.
Cou@hlin Is Happy.
JOLIET, ILL.,, Jan. l9.-Daniel Cough
lin was seen i'm the penitentiary tonight
and to say that he is Il happy man IS eX-
pressing it mildly. He is now confident
Of his ultimate freedom, because, as he
expresses it, "Ihe people have cooled
down and | can get Il fair trial" Cough.
lin is at present nurse in the hospital
and had already received the good news
from Ottawa before the reporter called
"'Ihe news was a complete surprise tC
me-" said Coughlin. mot because
/ did not think that | would b(
granted new trial, but because
] did not expect Il decision before the
lst OF March. When | read the Telegram
ana knew that a new trial had Deel
granted to me, | was simply over
Whelmed with Joy. | am now confident
that upon the next trial | will be giyel
a fair trial. and that means that | viii
be free man. Public opinion was TOO
strong against us for an acQuittal be
fore. / am an innocent man, and have
been wrongly punished, for l know
nothing whatever about the murder o
DR.. Cronin. | had nothing to do will
ii, and do not know who did the job
That is all can say now"
Never in DOubt.
CHICAGO, Jan. l9.-"Of course | an
greatly pleased at the result" said w
S. Forrest, vino was the leading cOunse
for the defense, tonight, "but for all tha
DO not regard it as great legal vic
tory. because do not see how an intel
ligent man could form any other de
eison. Judge Mcconnell erred so pal
paDly in allowing Jurors Boutecou anC
Clark 10 act. Why, these men told th,
court that they were familiar will
the case, that they believed tht
story that CquRAll1 had hiGeA ni'A'..''