The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-01-15
Kunze Granted a New Trial.

CHICAGO, Jan. 14.-Judge Mcconnell, In
his decision granting new trial to Kunze
to day, said, in part: 81 think it would be
mere pretense for me to take more time to
deliberate on this matter. would not ar
rive at any different conclusion in several
days than 1 have now. 1t has weighed
upon my mind during the trial that the de-
PENDANT should have fair trial. Since it's
conclusion it has weighed upon my mind
whether they had fair trial. whether the
jury had reached such conclusion that
within the limits that a judge has a right
to question whether the verdict was just
one. Judge Wing said the defendants were
preiudiced by not having been granted
separate trial, yet the trial disproves this
because the theory generally accepted by
the public, and urged by the state, that
conspiracy was formed in Camp 20, was
not accepted by the jury as shown
by the acquittal of Beggs As to
the jury, of course, it is more satisfactory
| to a trial judge to have ajury of men abso-
lutely without opinion as to the merits of
the case, and this course was followed in
| securing the first four jurors, but was
| dropped when it became evident that it
| would be impossible to obtain such jury
i'll the county. The impression of the trial
| judge as to the character of juror from
his whole examination, would be taken by
a higher court as the judgment of
jury. From the manner in which
the question was approached, l am con-
WINGED that any one who watched the man
ner of the trial judge during certain parts
of this trial, they would have been con-
WINGED that it was determined to have a
fair jury. AS to the evidence, Judge is
not called upon to say whether, if on the
jury, he would have come to the
same conclusion, AS to one of
these defendants, 1 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 do not think his identifi
cation reliable. l also desire this identi
fication of William Mertes, who claimed tc
have seen Kunze one evening. Nieman
saloon-keeper, did not Identify Kunzt
positively. This murder sprang out of Irish
politics some way; it is not necessary tt
even conjecture how. But there is no mo
tive for Kunze to have taken part in the
crime, even if Mertes and James were to be
believed and Nieman had been more posi-
/ tive. There is no difficulty in reconciIine
} these facts with his innocence. l mean tt
say he might have been in the Clark stree
fiat and all the other places, and still have
been innocent. l believe the verdict OF the
Jury was not only unwarranted by the evi
dence, but was an absurdity.
AS to the other defendants oyerrule the
motion for a new trial"
els there any motion for arrest of iudg
: ment?" asked the court.
! Forrest asked the usual stay of execu
!, ton until supersedeas could be secured
The states attorney protested vigorously
, demanding that the prisoners be sent a
once to Joliet.
!. Tonight Coughlin, Burke and O'Sulli
van were hurried from the jail strongly
manacled and taken to Joliet on the
o'clock train. They arrived at the peniten
tiary about midnight, and with little adj
were put into solitary confine
> ment until tomorrow morning, whel
: they will be formally entered and clad il
> prison garb. Their sudden transfer wa
great surprise to the prisoner 1t appear
that States Attorney Longenecker decides
, early in the evening to take immediate ad
! vantage of the ruling of Judge Mcconnell
and at once gave orders to Sheriff Matso
to have the prisoners removed to the PEN
tertiary. --,--~,.