Mr. Gilbert replied for Sullivan, saying that it would be a practical
denial of justice to deprive his client of the right to be admitted to
bail. Mr. Trude followed with a lengthy address, in the course of which
he said that the bill of rights which guaranteed the inalienable rights
of citizens, provided that unless there was positive proof or a strong
presumption of guilt, the accused should not be held in imprisonment.
Mr. Sullivan he said, had made no effort to run away. He had been at
home at night and in his office by day, and hence he did not stand on
the same footing as a felon who had been brought back from some State to
which he had fled. Further argument followed, and it was finally agreed
that the court should read over the evidence taken before a coroner's
jury, before announcing his decision. Sullivan was thereupon remanded to
jail. Here he was held for forty-eight hours, or until three o'clock of
the following Friday afternoon. When brought down to the court room for
the second time, he looked careworn and anxious, and there was no smile
on his face as he greeted his attorneys.
SULLIVAN RELEASED ON BAIL.
Judge Tuley plunged into his decision without loss of time. He reviewed
the evidence which went to show that Cronin had been in fear of his
life, particularly from Sullivan, but held that there was no rule of law
which would admit this evidence before a jury. Sullivan, he said, had
not been shown to have been connected in any way with the obtaining of
the horse and buggy, with the renting of the Carlson cottage, or with
any of the other preliminaries of the crime.
It was shown, on the other hand, that Sullivan had resigned from the
Clan-na-Gael four years before-hand; and, if Cronin had been murdered
in the pursuance of the order of any camp, it was not very clear how
Sullivan, not being a member of the organization, could have influenced
that action. The judge went on to say that the protest made by Sullivan
against Dr. Cronin as one of the committee of six, showed the most
bitter and malignant hatred of the dead man, but the very fact that this
document was not made public until two or three weeks after the killing
of Cronin, seemed to argue that Sullivan was not connected with the
crime. It was almost impossible to believe that he would have
promulgated that protest two weeks after the murder, had he been
connected with the conspiracy. The evidence pointed to Sullivan as a
person who might
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