ould be
of a man who might come into your house to-night and you might see
him under a gas jet. If you saw him in the street in daylight the
next day you might not know him, but if you ever saw him under a
gas jet under the same circumstances you would immediately say,
'There he is.' His stooping position, his eyes, and a dozen other
things would strike your memory and make you certain of your
identification.

"So with Mrs. Conklin. When she saw the horse in the same position
it was on the evening Dr. Cronin was driven to his death, she
immediately said, 'that is the horse.' Why, because she saw the
unquiet appearance of the horse and the movement of its legs, and
she at once said 'that is the horse.' But it was not necessary for
her to be so positive in the identification of the horse. She said
it was a white horse and a top buggy without side curtains from the
very start, and the moment she saw Dinan's horse and buggy she
identified it. Then he tells you that Mertes was fixed by us to see
Coughlin driven up to that cottage, and he tells you that without
Mertes we could not have proved that Coughlin was ever there. He
also tells you that without Mrs. Hoertel and Mertes we could not
prove that Cronin was murdered. Well, to a certain extent the great
lawyer is right, for without any evidence we could not prove the
crime. Now, take Coughlin's conduct in regard to that white horse.
Or, before we reach that I would call your attention to the fact
that it was known that Dr. Cronin had been driven away from the
Conklin residence in a buggy drawn by a white horse, for on the
Monday morning, long before it was known that Dr. Cronin was
murdered, before any one had charged that there was anything wrong
with him except Mrs. Conklin, word was sent out from the police
force to see who had a white horse and buggy out on Saturday night,
and yet this lawyer would have you, as an honest jury, believe that
we were trying to have Mertes swear that he saw Coughlin drive
there with a bald-faced brown horse for the purpose of swearing his
life away. It is absurd to talk such stuff as that. Yet he would
have you believe it. Mertes never mentioned the matter until after
the body was found; until after the cottage was discovered and it
was advertised as to what horse