left the house that Sunday
afternoon--that they were there all those hours and he was in the
parlor talking to them. Menahan swears that the Hylands came there
about 5 o'clock, and that he did not believe he was out of the
house except a few minutes when he was only around the yard. Every
time he went back to the house the Hylands were there, and he said
he knew they did not leave the house except to step out of the door
for a moment. But were they at O'Sullivan's that afternoon? There
is the value of their alibi. Would not the alibi for the Hylands be
just as good as their alibi for Saturday night? Would not their
alibi for that Sunday afternoon when O'Sullivan was down at Mr.
Conklin's with Detective Murray, be just as good as the alibi for
Saturday night? An alibi defense! But there is nothing tells better
upon the alibi than O'Sullivan's own testimony. Those people swear
he was home, covering the time when old man Carlson testified that
voices were heard in the Carlson cottage at 7 o'clock. Mr. Carlson
said he saw Martin Burke come out of the door at 5 o'clock on
Saturday afternoon and spoke to him, and Burke said: 'I guess it is
not too early to fix up,' and old Jonas said: 'I guess not.' Burke
went in, and he came out again at 7 o'clock, and old man Carlson
heard the voices of some men inside the cottage. And it was old
Jonas who testified that Patrick O'Sullivan admitted to Captain
Schaack that he got home about 7 or half-past 7 o'clock that
evening. He did not get home before that, and he (O'Sullivan) took
his supper and went to bed.
"Now the others swear that he was home from half-past 5 or before 6
o'clock up to supper time, and was not out of the house once,
except, as stated by Mulcahey, when he went into the yard at
half-past 7 or 8 o'clock. O'Sullivan says himself he was out. I
don't care whether you put it as far as the shed, or the rear of
the shed, as Captain Schaack put it in his direct examination. The
fact that he was out and away from the house shows the value of the
alibi! I don't claim that O'Sullivan was in the house when Dr.
Cronin entered. If he was he was not immediately in view, because
the word sent to the doctor was that O'Sullivan was out of town,
and his card was presented, on which the Doctor would go and attend
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