Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1890-01-23
THE cRon,n convlcTs.

The CRONJN CONVtCIS.
Judge Mcconnell Grants Kunse . New
Trial Bae Denies the Application Of the
Taken to the Penitenttary Under the Life
Sentence.
CHICAGO, Jan. 15.-In Judge Nc
Connell's court yesterday morning the
opening argument on the motion OF
the Cronin prisoners for a new trial
was begun by Attorney Wing. The
argument was altogether confined to
the points already presented to the at
torney's written declaration of errors.
Judge Mcconnell in the afternoon
granted the application of Kunze for a
new trial, but denied the motion as to
the other defendants, Coughlin, Burke
and O'Sullivan. Judge Mcconnell, in
his decision, said in part:.
81 think it would be mere pretense
for me to take more time to deliberate
on this matter. would not arrive at
any different conclusion in several days
than I have now. It has weighed up
On my mind during the trial that the
defendants should have fair trial.
Since its conclusion it has weighed up
on my mind whether they had fair
trial; whether the jury had reached a
conclusion that within the limits a
judge has the right to question whether
the verdict was a just one. 1t was a
just one.
''As to the evidence the judge is not
called upon to say whether if in the
jury he would have come to the same
conclusion. AS to one of these de-
PENDANTS I am convinced the evidence
is insufficient. First, the evidence
against John Kunze is that of James
who saw him in window across the
street and never saw him again until
in court. 1 do not think his identificar
ton is reliable. I also discredit the
Identification of William Mertes, who
claimed to have seen Kunze one even
ing. Niemann, a saloonkeeper, did
identify Kunze positively.
''This murder sprang out of Irish
politics some way, it is not necessary
to even conjecture how, but there is
no motive of Kunze to have taken part
in the crime. Even if Mertes and
James were to be believed and Me
mann been more positive, there is no
difficulty in reconciling these facts
with his innocence. I mean to say he
might have been in the Clark street
fat and all other places and still have
been innocent. 1 believe the verdict
of the jury was not only unwarranted
by the evidence but was an absufdity.
GAS to the other defendants over
rule the motion for a new trial.
Little Kunze was ON his feet in an
instant, hurting out in his broken
English: ''Thank your honor; I am
very much obliged for your kindness. :"
you are not indebted to me for any
Kindness" said the court.
''Is there any motion for arrest of
iudgment?" asked the court.
Mr.. Forrest knew of no grounds for
one, but made it to have it on record.
The court overruled it. and asked if
the prisoners had any thing to say.
There was moments suspense and
then Dan Coughlin arose and said in
cent. I was convicted by perjurers. "
O'Sullivan's voice trembled slightly
as he said:
II have not much to say. I protest
my innocence before God and man,
and time is not far distant when it will
be shown. I was convicted by a
prejudiced jury and perjured evidence.
I do not ask for mercy; ask for JUS
tice. 1 have not had JUSTICE
Burke stopped chewing gum long
enough to say: II am innocent. al
ways knew that in England they allow
perjurers to go on the stand and con-
vict innocent men, but never knew it
was done In America"
A moments silence followed and
then the court said:
''Will the prisoners rise?"
The three men arose and the court
imposed the sentence in the following
words:
Following and conforming to the
verdict OF the jury, the judgment of
the court is that you be taken to the
penitentiary at Joliet and there be con-
fined for the term of your natural
lives"
Jud &c Mcconnell intimated he would
be willing to grant stay for the sake
of humanity, it he were sure he had
authority to do 50, saying he had given
the matter some attention and could
find no authority.
Kunze was then admitted to bail in
the SUM of S., 1000.
Last night the three prisoners were
taken to Joliet, where they arrived
about midnight.