Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-16
TO JOLIET JAZZ FOE LIFE.
O,suilivan'R sninsic and Heroi
sENnAf %


Pose-gsurh, tecinres That he 10
Ianocent--s0 mahiin Declares That
kas was Convicted by Perjury.
CHICAGO, Jan. 14.-Judge Mcdonnell
this afternoon granted the application OF
Kunze for now trial, but denied the
motion as to the other defendants-
Coughlin, Burke and O'Sullivan. IN an
nouncing his decision the Judge said:
81 think it would be more pretenoe for
me to t,ke more time to deliberate
this matter. would not arr We at any
different conclusion in several days than
have now. II weighed upon my mind
during the trial that the defendants
should have fair trial. Since Its con- |
clusion it has weighed upon my mind
whether they had had fair trial, whether
the Jury had reached such conclusion /
that within the limits judge has right
to question whether the verdict was
Just on9. II was Just one, SO 1t
would be mere pretence for me
to take more time, though have
listened with attention and with
interest 10 the arguments Of counsel.
Judge Wing made enc suggestion that de-
aeFved nltention-that the interests OF
the defendants were prejudiced by not
having been granted separate trails, and
yet the tTisl iisproyes it, because the
theory most generally accepted by the
public ard urged by the btste, that the
conspiracy was formed In Camp 30. was
not accepted By tho jury, as shown By
their aoquitting Beggs. The jury CON
cluled that there was conspiracy exist
ing between Coughlin, Burke, O'sullivan
| and others TO NIL Cronin by their several
| acts, but it was not formed in Camp 40.
| ''As to the evidence, judge is not
called upon to sey whether II in the jury,
| he would have come to the same conclu-
sion; he 10 to sRy whether the verdict is
based upon sufioie evidence As to
| one of these defendants l am convinced
that the eyidence is insufficient. The hrst
| evidence against John Kunze is that OF
Jamas, who saw him in window across
the etreet, and never saw him again until
he saw BIN in court. do not think his
identification is reliable. also djBcredit
the identification OF William Mertes, the
milkmaH, who claimed to have seen him
one evening. That was the next time his
appeared in the case. Niemann, the
saloon keeper, did not identify Kuuze
positively, and the jury had no right to
be mora positive than Niemann.
"This murder eprsng out OF Irish pol
itics, some way--it is not necessary to
even conjecture hoW-but there is no
motive for kunzs TO have taken part in
this orims Even If M0rtes and james
were to be believed, and Niemann had
been more positive, there is no difficulty
in reoonciinR these facts with his limo
cenoe. mean to say he might have been
in the CLARK street fat and all the other
places and still have been innocent
believe that the verdict of the jury was
not only unwarranted by the evidence
but was an absurdity
"As to the other defendants, oyerruls
the motion for new trial"
Little Kunze WAS on his feet in an in
atant, hurting out in his broken Eng
lish "Thsnk You, your honor. l Rm
very much obliged for your kindness"
.iYou are not indebted to me for any
Kindness" disclsimed the court.
els there any motion for arrest
, Judgment" asked the court,
II know of no ground for one" said
, Mr.. Forrest, ''yet, I'll make the motion
! to have 1t on the record"
"All right said the court, tower
ruled. And now, have the prisoners
anything to say2"
There was moments suspense, and
4 then big Dan Ooughlin rose and said in
! firm, distinct tones ''Your honor, am
innocent. was convicted by perjurers
I o'Sullivan's turn came next, and hil
voics trembled slightly az he said: ~
/ protest my innocence before God and
n man, and the time Is not far distant wher
, II will be shown. l 2as convicted By :
) preiudioed jury and perjured evidences.
: do not ask for mercy. ask for justice.
' Burke stopped chewing gam Ions
r enough to say; II am innocent.
a always knew that in England they allow
!. perjurers to go on the stand and convict
A innocent men, but never knew that i
{ was done in America"
!. A moments silence followed and ihes
v the court said: 'Will the prisoners riser
The three men rose again. and the cour
O imposed sentence in the following words
4 Following and confirming the verdic
II of the Jury, the Judgment OF the court i
n that you be taken to the penitsntiary 81
Joliet and there confirmed for the term o
your natural lives"
The defence was granted 60 days to I'll
o bill Of exceptions.
s Judge Mcdonnell then intimated tina
= If Kupzs were allowed 20 stay in jail To-
z few days he might conclude not L
| DflDN ulul 10 tIlAl NJ ALI Dut lct kllLu W
= He promised to let the court and Counse
Y know this week, aud accordingly nj
: effort will be made to get Kunzs out OF
:. bail In tho meantime.
g JOLIET, ILL.,, Jan. 10. - When th
l. Crcniu prieoners Coughlin, Burke ant
{. O'Sullivsn arrived ct the penitentiary las
d night they All sried to brace up and max
J. strong effort TO keep from showing an,
i signs of weakness. They managed i
10 succeed very we'll, except Coughlin, VIII
1t when spoken 10 could not reply bu
d finally managed to stammar out: Boys
ID don't talk to me, am all broke ur.
N Deputy Speers said he never saw a ma
N so affected az Coughlin.
D. When the Chicago officers bade Their
ID od-bye Burke and O'Sullivan manage
a. to sammer out an almost inaudible repl
but CouRhlin was silent. The CORE
spondant tried to talk to them all, hu
Coughlin said: please co not talk t
n me- 0'Bullivan said II cannot spea
A. to.night;" and Burke said without an
y visible signs Of emotion: swell, we 81
er IL for it and must take our medicine
e. tbnt's all, but It Is not over with yet
"a -----ss-s-s---~--------
a la s5rippe's Ceaseless Harvest
"a BoRpEETowN, N. j., Jan. l4.-Mr
4 =