Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1889-12-29
CULVER'S STUBBORN BATTLE
For the Lives Of the CrOnin ConSpir
atOrS.
UNDER THE HEAVIEST PRESSURE
He Finally Consented to a Verdict Of
Guilty.

elected MIR. Clarke foreman ana tnen Ireely
discussed the evidence. The Jurors were
nearly unanimous as to the guilt of at least
sour of the defendants, and Culver, by his
remarks, seemed to acquiescs in the views
of the others.
On the first ballot, however, on the
question, "Are any uf the defendants
RuiltyP" Culver's vote (the only one in the
negstive) showed his position. Several Of
the Jurors argued with the real estate man,
but to no purpose. On the second ballot,
''Was DR.. Cronin murdered in the Carlson
cottageS" the result was as befOre-11 to l.
There was no more ballOting Friday
night, but plenty of heated debate. Satur-
day the argument was resumed, and Cul-
yer took the position that Burke's identitl-
cation was by no means complete, and that
the identity of the furniture had not been
established. This staggered the other
Jurors. They had expected trouble, but
were not prepared for the position ne was
taking. Several of the jurors, after con-
sultation, prepared series of questions
concerning many of Culver's uttersnces in
the rooms occupied at the hotel. These
questions we're put to him with rapid sue
csssion. With some notifications they
we're as follows:
SOME SEARCHING QUERIES.
"Are you prepared to state, on your
oath as a Juror, that you did not come into
the Jury room with the determination to
force disagreement? II not, how do you
explain the fact that you said to juror,
before any testimony had been taken, that
you were almost prepared in advance to
discount everything that the State might
do and disbelieve it's testimony?
Chow do you explain the fact that you
said to two jurors that Mrs. Conklin was
an immoral woman and to another juror
thst she was impure; that she made your
flesh creep by reason Of her proximity to
You while she was on The stand?
"How do you explain The fact that you
said to another Juror, before the Jury was
complete, that you were a much better
iuror for the State when you were first
taken than you are now? This was said
on or about October 10.
How doyou explain the fact that you
said to Juror, before he was sworn IN,
that Won would not make a good juror,
that you were prejudiced against the
State, that il had used you brutslly, and
that you could not give the State tsir
How do you explain the fact that you
said to Juror, during the first or second
week of the trial, that the jury would
probably stand on the ballOting eleven to
one?
why did you say to two jurors in the
Judges chamber, aud before the jury was
co nplete: If the State we're murdered,
and I was was put on trial for the
murder, I think I have already esid
enough to convict me, or words to that
effect
''Why did you say to Mr.. BontecOu, be-
fore the evidence began, rhat the jury
system was cruel, and that the State
would not make anything by threatening
You as it had done?
"Will 70 say that yovr determination to
sue the country for damages has not IN
fuenced your opinion?
CULVER IN TORTURE.
Culver sat through the ordeal like one
in dream. Big beads of perspiratioD broke
out on his face and forehead. His body
trembled and his hands shook. He made
a motion once as if to break away from his
stern irquisitors, but, sinking back in his
chair in hopeless sort of way, remained
motionless until the reading was conclud-
ed. He made no effort to answer any OF
the questions, nor did he comment on
them. When the reading was finished ne
wrote letter to Judge Mcconnell COM
planning that his character and integrity
were being assailed, and asked for protec-
zion. The Judge replied that he could do
nothing for him. After another long ar-
Qument a third and fourth ballot was tax
en- on the same questions as the first aud
second. The result was the same, Culver
voting mo" After a fifth ballot, which
was like the preceding ones, debate was
resumed. The others gave Culver 70 rest
at all. Three or four were after him all
the time, though he begged piteOusly to
be left alone.
Finally, on Saturday night Culver took
two Jurors aside and told them that If
they would let Kunze and Beggs 90 free
he would vote to find the others guilty. /
The proposition was accepted and all |
went to sleep. Early Sunday ballot re- |
suited: Beggs, guilty, Z. not guilty, .;
CoughIin, guilty, u; O'SulliVsn, guilty, /
u; Burke, guilty, y; Kunze, guilty, 8. |
not guilty, A. This result was unexpect-
ed to everybody. Culver charged the
others with violating their agreement, but |
they informed him that no agreement had /
ever been made. He wanted to c)mprO
mise. but the Others insisted on proceed
irg SO they were: Beggs' case was then
taken up. On the seventh ballot only |
two voted guilty" ard on the eighth
Rsggs was acquitted. The result pleased .
Culver, and be became more s6sble. At
ter an argument is was agreed to fad
Kunza guilty of mauslaughter, snd on the
tenth ballot it was 50 decided; on the thir-
tenth ballot his sentence was fixed as
three years.
REACHING THE SENTENCE.
On the question of hanging Burke,
O'Sullivan and Coughlin, the ballot was
ten for and two against. On Burke alone
eleven for and one against. Culver alone
stood between Burke and Coughlin snd
the eallows, but was supported by one
other in OSullivan's case. Culver argued
strongly that fourteen years was sufficient
and threatened TO withdraw his vote OF
ouilty if the others insisted on the death
PENALTY. Monday morning Culver agreed
to twenty-fve-year sentence, and q bal
lot resulted in eleven yeas and one nay.
Finally at y 20 Monday, the thirty.hrst
ballot was taken on the proposition 10
send the murderers to the penitentiary for
life. The vote WAS seven for and hye
against On the thirty-secOnd ballot the
sentence was agreed upon.