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

OTTAWA, ILL.,, Jan. 10. 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 H. Cronn, is
probably a free man. The verdict
which condemned him was today set
aside, and his case was reversed and re-
handed for new trial. COughlin will
low in ali probability 20 free, because
t will be practically impossible to con-
1ict him again. The witness
Patrick DinaD, who swOre that Cough
i'm hired from his livery stable the
White horse which carried Cronin away
70 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. Kunze 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 cudSpiracy, and direct charge
of murder was not proven against
Coughln in the first place. SO now the
glee of the prisoner and Of his attor-
neys is unbOunded over the proSpect of
the COnvict's freedom, and probability
for them of the triumphant END of one
Of the most celebrated and sensational
! Al, 4 l,n., IL
Jurors Ineligible.
The reversal is based principally on
the ineligibilty of Bontecou and Clark,
Jurors. The justice shows by the eXami-
nation of these two jurors, which is
given nearly in full, that they were
prejudiced when summoned: that they
had formed opinions. which, when Jug
gled bV the court and attorneys, were,
to all appearances, found to he ground
less or regarded rs Jurors excuses.
There were 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, f. j. Bontecou and
BENJAMIN F. Clarke, were not on the
regular panel, but were brought into
court on a special venire. made by
bajlitf especially appointed by the trial
court for the purpose. AT the time
they were called and examined as
jurors, CoughIin had exhausted the
number of peremptOry challenges
allowed 10y the law. and could do no
more.than aver his objections to the sit
ting of the two men as jurors When
Bontec0u was examined by the counsel
for the defense he testified that he
had read newspaper accounts OF the
murder, and had an opinion as to the
guilt of COughlin. Burke and OSulli-
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
nesSes 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
tial verdict. On CrOSS-eXamination he
admitted that he 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 10 a 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 ad
mtted before the trial began that they
were prejudiced against him, and
against the men who gave the bulk OF
tie testimony which he introduced il
his behalf.
Two justices dissented. Justice Scho-
field writing at the end of his opinion
If dissent both from the reasoning anC
conclusions III the foregoing opinion
Justice Magrudder declares that be
cause the men had read the newspaper:
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 a way as t
disqualify them from acting as jurors
The decision is $4,000 words in length
and covers sixty-three closely type
written pages.
CoughIin rs Happy.
JOLIET, Ill.,, Jan. l9.-Danie Cough
lin was seen in the penitentiary tonight
and to say that he is a happy man is eX
pressing it mildly. He is now confiden
of his ultimate freedom, because, as III
expresses it, 1.-The people have coolet
down and | can get fair trial" Cough
lin is at present nurse in the hospital
and had already received the good new
from Ottawa before the reporter called
"The news was a complete surprise t
me-" said Coughlin. mot becaus
! did not think that | would b
granted Il new trial, but becaus
did not expect decision before tn
Ist OF March. When | read the Telegram
and knew that a new trial had bee
granted to me- | was simply ovel
whelmed with joy. l am now cOnfden
that upon the next trial | will be give
a fair trial. and that means that | wi
be free man. Public opinion was TO
strong against us for an acQuittal be
fore. | am all innocent man, and hav
been wrongly punished, for L knoN
nothing whatever about the murder {
DR.. Cronin. | had nothing to do wit
it, and do not know who did the jot
That is all i can say now."
Never in DOubt.
CHICAGO, Jan. l9.-"Of course l al
greatly pleased at the result" said "
S. Forrest, who was the leading counst
for the defense, tonight, "but for all thu
do not regard it as great legal vii
tory. because I do not see how an inte
ligent man could form any other d'
eision. Judge Mcconnell erred so pa
pably in allowing Jurors Boutecou an
Clark 10 act. Why, these men told til
court that they were familiar wit
the case, that they believed til
story that CQugAUa had hicNA pi"=''