Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1890-01-25
Judge Mcdonnell Grants Kunze,
the Little German, a
New Trial.
CoUghIin, Burke and 0'SuIiivan
Sentenced to Life I'M
prisoHment.
They Are Immediately Taken 10 the
Joliet Penitentiary-The Case
to BE Taken 20 the
SHpreme Court.
Judge McConnerl's Decision.

Judge Mcconnell granted the spplics-
ton of Kunze for a new trial, but denied
the motion OF the other defendants,
Coughlin, Burke and O'Sullivan.
Judge Mcconnell, in his decision, said
In part: ~ think it would be a mere
pTetense for me to take more time TO
deliberate on this matter. / would not
arrive at any different conclusion in sew
eral days than l have now. 1t has
weighed upon my mind during the trial
that the defendants should have a fair
trial. Sinceitsconclusion II has weighed
upon my mind whether they had . fair
trial and whether the jury had reached
such conclusion that, within the limits
a judge has a right to question whether
the verdict was a just one, ii was a just
one. Judge Wing suggested that the
defendants were preiGdiced by not hay-
ing been granted a seperate trial, yet the
trial disproyes this, because the theory
generally accepted by the public and
urged By the state that a conspiracy
was formed in camp 20 was not accepted
by the jury, as shown by the acquittal
OF Beggs. As 10 the jury, OF course it is
more satisfactory % the trial Judge TO
have a jury Of men absolutely without
opinion as 10 the merits Of the case,
and this course was followed in ecur-
ing the first four jurors, but was drop
ped when IL became evident it would be
impossible to obtain such a jury in the
county. Thee impression Of the trial
Judge as to the character of a jury from
his whole examination, would be taken
by the higher court as the Judgment Of
q jury from the manner in which the
question was approached. am con
WINGED II n one watched the manner
OF the trial Judge during this trial
they would have been certain the
court was determined TO have a
fair jury. AS to the evidence, the
judge is not called upon TO say whether
IL on the jury he would have come 10
the same conclusion. As 10 n OF
these defendants 1 am convinced the
evidence is insufficient. The first evil
dence agains: John Kunze is that Of
james, who saw him in a window across
the street, and never saw him again
until in court. ! do not think his ideu-
t~itication is reliable. | also discredit
the Identification of William Mortes,
who claimed 70 have seen kunze one
evening. Nieman, a saloonkeeper, did
not identify kunze positively. This
murder sprang out of Irish politics
some way, it is not necessary 70 ever
coniure how, but there is no motive for
kunZe 70 have taken part in the crime.
Even if Mertes and James were to be
believed and Nieman had been more
positive, there is no difficulty in recon
cling these facts with his innocence.
] mean TO say he might have been in
the Clark street fat and all the other
places and still have been innocent. ]
believe the verdict was not only IN.
warranted by the evidence, but was an
absurdity. As TO the other defendants
l overrule the motion for a new trial.
Little Kunze was on his feet in an in
slant, hurting out in his broken Eng
lish: Thank you, your honor; | am
very much obliged for your kindness.
'You are not indebted to me for any
kindness" said the court.
sis there any motion for arrest Of
Judgment" asked the court.
Mr.. Forrest knew of no ground foI
one, but moved TO have it on record,
The court over-4ied it, and asked if the
prisoners had anything 70 say.
There was a moment of suspense and
then Dan Coughlin arose and said IL
firm tones: ''Your honor, l am limo
cent. ! was convicted by Perjurers"
0'Sullivan's voice trembled slightly
as he said: II have not much to say.
protest my innocence before God and
man and the time is not far distant
when it will be shown. was convicted
by a prejudiced jury and perjured evi
dence. do not ask for mercy. / ASK
for Justice; | have not had Justice"
Burke stopped chewing gum long
enough TO say: Il am innocent l al
WAYS knew that in England they
allowed p~eriurers TO go on the stand AND
convict innocent men, but never knew
il was done in America"
A moments silence followed and Their
the court said: ''Will the prisoners
arise"
The three men arose again and the
court imposed sentence in the following
words: Following and conforming &c
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"
Coughlin and Burke heard the words
without q change Of c~ountenance, but
O'Sullivan's lips quivered and his face
had a worn, pinched expression.
The defense was granted sixty days
to file . bill Of exceptions 1t was an
nounced that Lawyers Forrest, Dona'
hoe and Wing had been retained TO take
the case tn the supreme court ut the
March term
Forrest asked the usual stay of exc
cution until . supersedeas could be Sc
cured. The states attorney protested
vigorously. demanding that the prison
ers be vent ut once to Joliet Judge
Mcconnell intimated that he would be
willing TO grant q stay for the sake Of
humanity IL he were SURE he had the
authority to do SO. saying he had given
the matter some attention and could
find no authority. Forrest made quite
an extended appeal, showing what in
justice would be done II the defendants
were compelled 70 60 to the peniten'
tiary and were Afterwards given . new
:fiai and acquitted. He also said al
the other judges Of Cook county, except
Anthony, had been in the habis Of
granting . stay when assured that .