Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-12-22
RELIES ON COOLEY
As TO PROVING 4 CONSPIRACY
lf0eod Law. n wsfs wstah Aeatnus
Cowshlin.- -nGrA Foy Threassn<d
and Ordered 0uar1cd

CCHfcAoo. Dec IA eeneakionA oo-
jsction was raised today at the trial of
Daniel CoughIin. which may keep the !.
testimony Of tseaty Witnesses for the
prosecution from reaching ths ears of
the jury. The obiectiou vas not unsx-
pected by tho public prosecutors and
both sides we're prepared 10 argue the
question thoroughly. The taking OF
testimony came suddeniy fo stand
still. the witness. whose story Was OBJ
jected 20. received orders 10 step down.
the Jury retired. and during the srgu.
ment the judge instructed the baiiiffs
TO take the jury back 10 the hotel Tor
the night The judge wss 90 impressed
with the importancs Of the question
that he adjourned court without finally
ruling upon IL. although his previous re-
marks indicated leaning towards the
defendant
owhat Mrn. Hermann Heard.
Mira Hermann. uiiiiner, living oppo-
site the Windsor block. where DIR.
Cronin resided. was called 10 testify 20 n
conversation at the Conklin home May
with Patrick OSullivan. in which the
dead conspirator said something about
DIR. Cronin being spy and about the
professional contract with the doctor.
The defendants lawyer interposed an
objection and Judge Tuthill overruled 1t
without further ceremony. Both law
yers protested. saying they bad some
thing TO say and few authorities TO
cite. The jurors left their seats and the
legal battle began. The substance OF
the objection was that the proposed evi-
A II. H.. a al
liyan was not on trial; because 10 related
to q conversation on May D, after the
conspiracy had been consummated,
after the alleged murder had been CON-
mitted. and the rule OF the law was that
the language. acts or conduct OF one
conspirator, or after tho conspiracy had
come TO an end could not be submitted
as evidence against conspirator on
trial. One conspirator was answerabIe
only for the acts, language and conduct
Of an accomplice pending the consum-
nation OF the conspiracy.
Must Prove a Conspiracy
Attorney Bottum before beginning
the examination Of Mrs. Hermann had
announced that the evidence she gave
was not to be considered by the jury as
against Coughlin. but only as against
O'Sullivzn. In arguing against the
position taken by the defense's counsel.
Attorney Bottum contended that the
state was compelled to proved at least
one OF the persons charged in the in-
dictment guilty ia addition TO Coughlin
before Q conspiracy could be proved
Tho state proposed to 60 ahead and try
the dead man a. well as the living con-
spirator before the bar in order 10 prove
a conspiracy. Mr.. Bottum laid great
stress on the fact that Judge Cooley Of
Michigan had ruled in similar case In
| favor OF his contention. Attorney Don
ahoe cast reflections on the decision OF
the distinguished Michigan jurist and
he was sharply criticised by Attorney
| Bottum.
Coolers Decision Had Weight.
Judge Tuthill attached so much inn
| portance to the case cited that he read
| il in full and discussed both sides Of the
question fully with the lawyers. Then
! be reserved his decision until tomorrow.
| The state has got the fact OF Martin
Burke's flight TO Canada in Martinsen's g
testimony, but the lawyers admit that
the case against Coughlin will be seri
ously impaired il they are not allowed
to introduce testimony regarding events
| and conversations participated in by
the other conspirators after May 4. The
| Judge intimated that such evidence
should not be admitted. because IL
might be harmful to the defendant on
trial.
Mrs. Foy Called.
There was another sensation in the
days proceedings OF more popular inter
| est. Attorney Bottum unexpectedly
called the name Of Mrs Foy as a wit
ness. Before Mrs Foy had time to
reach the witness chair from the rear OF
| the judges seat. the defendants law
yers protested against Mira Foy telling
| her story because they had received no
notice OF the states intention 10 call her
this afternoon. and they were not pre-.
pared to argue the question Of admitting
her testimony. The prosecutor said no.
tice had been given yesterday. Mrs.
Foy hesitated. stopped at the foot of the
witness chair aud acted ss IL under a
severe mental strain. Attorney Scanlan
told the coprt after the jury had retired
that Mrs Foy was in danger OF breaking
down physically and mentally. and he
wanted to wash bis hands of all respon-
sibiiity for her appearance IN court at
any other time.
Mr& Foy Threatened
She had been threatened boy the ennis
saries Of the conspirators: che had been
harasscd and frightened and intimidatcd
at her nome. and had sat up all last
night 30 az 20 be here today. She vas
afraid % 20 20 sleep. Mrs foy with
drew before these charges were made by
the state. and Judge Tuthill said he
would order officers 10 guard her house
, tonight and see that she Was not mo
lested. lie had talk with her in his
/ chamber and announced that she could
be called tomorrow Police officers
will he 90 duty at her home
all night "Cronin." called out Mr.
Bottum, aud the brother ~ the mur-
dered doctor took the stand lie told
the court that he wHe "a years " age
and had farm ss well IS a shoe busi
mess In jackson county, Kansas Tie
vas living st the same place when has
brother was murdered The, lat met
alive ~ CarlinviIle, Illinoss eight years
ago. The doctor was living in 81 Louis
then. Witness descriled his brother
ani said be vAs about a years ~ age ~
the time ~ hls death. John Joseph
Cfoaln. which = the brother full nsme.
arrived In Chicago from be hnmhse
Kansas home Mag l6 The du,ctof's .
body had not besa foand al that time
fdeassnea Hs nroshsr
May "A John crorin went o. TIE Lake
siss mefgus and there reeogalsea the