Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-08
COUGHLIN JURY OUT.
Charge Of Judge Tuthill This
Morning.
COMPLETELY IN DR.. CRONIN'S MURDER
The History of the Famous Muir
der Case.
STORY OF THE AGEDY

CHICAGO, ILL.,, March San eager GU
rious crowd thronged Judge Tuthilrs court
room and rushed through the corridors with
out the door today, anxious to witness the
closing scenes Of the famous trial of Dan
Coughlin for completely in DR.. Cronin' G
murder. AS Judge Tuthill entered the court
room murmur OF expectation ran through
the room.
Judge Tuthiirs Charge.
Judge Tuthill then arose to read his in
structions. which were quite long, filling
nearly twenty-five pages of closely type
written pages. The Instructions were Tor
the most part of a general nature, very few
OF the specified directions handed in by
the counsel being used. The court in
structed the jury that it was not incumbent
upon the defense to introduce any evil
dence tending to prove the innocence of
Burke, Conney or Sullivan, jointly in
dicted with Coughlin, on the charge OF
conspiracy, and that the absence of such
evidence must not be construed as evidence
OF their guilt. and inference drawn thereby
of the guilt of Coughlin. He reminded
them that the latter was alone upon trial,
and that evidence touching his innocence
or guilt was alone to be considered in the
formation of a verdict. The court then
went on:
The jury are instructed that it is not
claimed by the state that there is evidence
tending to show that the defendant, Daniel
Coughlin, directly took the life Of DR..
Kill Cronin existed. and that this defend
ant and the other defendants named and
other persons designated in the indictment
as unknown. were parties to such con-
spiracy,and that the purpose of this conspir-
acy was actually accomplished on the night
of May /, 1889. The court further instructs
you that IL the evidence in this case fails
TO show any motive a sufficient motive,
on the part of the defendant to commit
the crime, then this Is a circumstance In
favor of his innocence which the jury ought
to consider in connection with all the other
evidence In arriving at a verdict"
The following part of the instructions re-
ferred to Mrs. Hoertel, whose veracity was
savagely attacked:
If the jury believe from the evidence
that any witness has willfully sworn falsely
then the jury are at liberty to disregard his
or her entire testimony, except in far as
1t has been correlated by other and credit
able evidence. or by facts and circum-
stances proved on the trial. The law allows
the Impeachment of a witness by the in
PRODUCTION of evidence that the witness Is
person Of such general bad reputation for
truth in the neighborhood in which he or
she resides as that he or she is unworthy
of credit"
The following referred to medical experts
who demanded pay for their evidence:
If the jury believe that any witness or
witnesses who testified in this case de-
manded reward for SuppreSsing alleged
knowledge of anything testified to then
the jury should consider the testimony Of
such witnesses or witness with the gravest
caution, and should take into consideration
such fact, together with all of the evidence
in the case, in determining the weight. Il
any. which should be given to the testimony
of such witness or witnesses"
The court then continued:
GU are instructed that the credit of a
witness may be impeached by proof that
he or she has made a statement or state
ments out Of court contrary to the testi-
mony given on the trial. If the jury be-
lf.xr hot
the case had made a statement or state
ments upon a material fact in the case out
OF court contrary to the statement or state
ments made by such witness on the trial.
tend to impeach such witness. and you
would be justified in rejecting the testimony
of such witness if. from all the evidence
you believe 1t to be untrue"
Instructions as to the form and manner
Of bringing in a verdict closed the judges
charge
At 1880 the Judge finished and the jury re-
tired.
A Noteworthy Trial.
The Coughlin trial has been one of the
most noteworthy in the criminal annals of
the country. Like the former Cronin trial.
it has been replete with sensations, and of
remarkable duration.
Daniel Coughln, an ex-city detective was
charged with completely in the murder OF
Or. +. II. Cronin, a prominent Irish physi-
STOUlH was well KNOWN In one faction
of the clan-na- gael. and it was to members
OF an opposing faction that his murder was
charged at the former trial and Coughin
Martin Burke and Patrick O'Sullivan were
convicted of the murder and sentenced to
life Imprisonment. The two latter died in
prison and the present defendant secured a
new trial
DR.. Cronin disappeared on the evening of
May 4, 1889. After protracted search, his
body, mutilated and decomposed, was found
in a catch basin in the northern part Of the
city. In the same section of the city stands
the little Carlson cottage. where the theory
OF the prosecution places the murder.
In the present trial, after five weeks
work. the jury was accepted on December
last. Before the jury was completed sew
eral sensations were sprung in the shane of
charges against jurymen, and three men
who had been accepted were excused from
service. On December IL the case was
opened with the following jury: George p
Shay, Oscar p. Brooks c. Holsman. Frank
B. Lusk. o. S. Weinberger, Fredk. G. Lane.
Clark Bruce. Hiram Wadleigh, John F.
Larson, Michael Condor, Alfred F. Wood
ward and Oscar Benson.
Assistant Prosecuting Attorneys Bottum
and Kickum Scanlan conducted the ca Sc
for the state. with ex-Judge Wing and At
torney Donahoe for the defense.
Mrs. FOy's story.
one OF the most important witnesses to
appear for the prosecution was Mrs An
drew Foy, wife of a bricklayer Mrs. Foy
told of being present at numerous confer
ences between the defendant and her hus-
band, and claimed to have heard numerous
conversations between them and other
men, which pointed to conspiracy to muir
der DIR. Crcnin. Her story was sensations
in the extreme, but the defense introduced
testimony to show that Mrs. Foy had writ
ten to a former attorney for the defense
threatening to tell a damaging story I'M
less she was literally rewarded. Her SAN
ity was also called into question and her
intense hatred to her husband to whom
her testimony was most damaging, was
shown.
Her evidence was, perhaps the strongest
of any presented by the state as she told
a complete story of the killing. Her testi-
mony was that Martin Burke now dead
ing, while Iceman OSullivan stood in the
yard and policeman guarded the door
Coughlin. she said. arrived at the Carlson
cottage shortly after the deed was done.
In attempted confederation of Mrs Fov's
story Mrs. Susie Horton was called and
testified that she saw Foy and Coughlin to-
gether on May y, 1889, near the Carlson
cottage. The defense, however, introduced
testimony to show that on the day in uues-
Bardcen's Testimony.
A new and sensational witness was intro
duced by the state in the person of Frank
Bardeen, an electrical engineer. In Nav
1889. he was employed at the Edgewater
electric light plant. past which the wagon
bearing the remains of DR.. Cronin was as
sumed by the prosecution to have gone.
Bardeen said that 1t was about . O'Clock
on the morning Of May he heard a wagon
passing. He turned on an electric search