saw O'Sullivan and Coughlin and
Kunze, but that on the Sunday night Patrick O'Sullivan went there
to that very saloon with the two Hylands, and that they had two
glasses of wine and a cigar each. Gentlemen, you will remember that
the saloon-keeper, who is a German, distinctly said that the
smaller man asked for beer and spoke with a German accent. The
younger Hyland never spoke with a German accent in his life. Which
do you propose to believe--Neiman, the saloon-keeper, who has no
earthly interest whatever in giving false testimony against
O'Sullivan or the friends of Patrick O'Sullivan? These two
strangers who go to see him for the first time are compelled to
stay and take dinner, and are then taken out to the saloon and each
given two glasses of wine and a cigar at the expense of O'Sullivan.
Remember, gentlemen, he had never seen these two Hylands before
that Sunday afternoon. The truth is, that when they say those three
men were in that saloon, the two Hylands and O'Sullivan, they admit
unconsciously the fact that three men were there, as the
saloon-keeper testified; they admit that O'Sullivan was there and
the thing is narrowed down to a simple question of veracity between
the saloon-keeper on the one hand and the Hylands on the other.
There is much more reason, vastly more reason, I submit, why the
evidence of the saloon-keeper, who knew O'Sullivan perfectly,
should be believed in preference to that of the two Hylands, who
are ready to swear anything to help their friend out of a scrape.
Now, what else is disputed?

"An attempt is also made to dispute that portion of the evidence
tending to show that O'Sullivan was at the Carlson cottage. How is
it done? Again they resort to an alibi. As I said to you in the
opening of this case, and I will now repeat, that if O'Sullivan was
at home and in bed at the time the murder was committed, and you
are satisfied from the evidence that he was engaged in that
conspiracy, he is just as guilty as if he struck the fatal blow
himself. Against the testimony of Neiman, who saw him there with
Coughlin and Kunze in that saloon, and of Wardell, who saw him and
Coughlin enter the Carlson cottage after they left the saloon, they
produce the evidence of Mulcahey, a man who became connected with
O'Sullivan under