Los Angeles daily herald., 1890-01-15
THE CRONIN CONVICTS.
Sentence Passed on COughlin,
O'Sullivan and Burke.
KUNzE GRANTED A NEW TRIAL
The Little German Wild with JOY
Judge McCOnnells Review
OF the Case.


Il OF the Case.
| CHICAGO, January 14.-In Judge Nc
Connell's court this morning the open
ing argument on the motion of the Gro
min prisoners for new trial was begul
by Attorney Wing.
Judge Mcconnell this afternoon granted
the motion of John Kunze for new
trial in the Cronin case, but denied the
application as to the principal defend
ants, Martin Burke, Daniel Coughlir
and Patrick O'Sullivan.
Judge Mcdonnell, in his decision, said
in part: ST think it would be mere pre-.
tense for me to take more time to delib.
crate on this matter. l would not arrive
ct any different conclusion in several days
than have now. 1t weighed upon my
mind during the trial that the defend
ants 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 Judge has rig
to question whether the verdict was a
just one. 1t was just one. Judge
Wing suggested that the defendants we're
prejudiced by not having been granted q
separate trial; yet the trial disproves
this, because the theory generally ac-
cepted by the public, and urged by the
State, that the conspiracy was formed in
Camp 20, was not accepted by the jury,
as shown by the acquittal of Beggs.
GAS to the jury, of course it is more
satisfactory to the trial Judge to have
jury of men absolutely without an
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 inn
possible to obtain such o jury in the
county. The impression of the trial
Judge as to the character of juror, from
his whole examination, would be taken
by the higher court as the judgment of
the jury, from the manner in which the
question was approached. l am con-
vinced if any one watched the manner
OF the trial Judge during this trial, he
would have been certain that the Court
was determined to have fair jury.
"As to one of these defendants, am
convinced the evidence is insufficient.
The first 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
is reliable. I also dis
credit the Identification of William
Mertes, who claimed to have seen Kunza
one evening. Niemann, seloon-keeper.
did not identify Kunzs positively. Thl-
murder sprang out of Irish politics some
way it is not necessary to even conjec-
ture how, but there is no motive for
Kunze to have taken part in the crime,
even if Mertes and James were to be be-
lieved and Nemann had been more sure.
There ia no difficulty in reconciiing these
he might have been "Ga in the efak ebffaark-street
fat and all the other places and still
have been innocent. 1 believe the YER
dict of the jury was not only unwar-
ranted by the evidence but was an ao-
surdity.
Gas to the other defendants I overrule
the motion for new trial"
Little Kunze was on his feet in an in
slant, blurting out in his broken English,
"Thank you, your honor; I am very
much obliged for your kindness"
"You are not indebted to me for any
Kindness" said the Court. SIS there
any motion for an arrest of judgment ?"
asked the Court.
Mr.. Forrest knew of no ground for one,
but made it to have it on record. The
Court overruled it and asked if the pris-
oner. had anything to say.
There was moments suspense, and
then Coughlin arose and said in firm
tones: "Your Honor, l am innocent. l
was convicted by perjurers."
O'Sullivan's voice tremb bled slightly ae
he said: II have not much to say. l
protest my innocence before God and
man, and the time is not far distant
when it will bs shown. I was convicted
by prejudiced jury and prejudiced
evidence. do not ask for mercy l ask
for justice. have not had JUSTICE"
Burke stopped chewing gum long
enough to cay: 81 am innocent; al
ways knew that in England they allow
perjurers to 60 on the stand and convic'
innocent men, but never knew it wal
done in America"
A moments silence followed and ther
the Court said: "Will the prisoners
rise."
The three men arose again and the
Court imposed 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 peniten
tiary, at Joliet, and there be confined fol
the term of your natural lives"
Cougalin and Burke heard the word!
without change of countenance, bu
O'Sullivan's lips quivered and his face
had worn and pinched expression.
The defense was granted sixty, days tt
file a bill of exceptions. 1t was an
nounced that Lawyers Forrest, Donoho'
and Wing had been retained to take thu
case to the Supreme Court in the Marcl
term.
Forrest asked the usual stay of execu
tion until Supersedeas could be secured
The States Attorney protested vigorously
demar ding that tho prisoners be sent q
once to Joliet. Judge Mcconnell inti
mated that he would be willing to gran
stay for the sake of humanity, if h'
were sure he had authority to do so, say
ing he had given the matter some atten
ton, and could find no authority.
Forrest made quite an extended ap
peal, showing what injustice woul(
be done if the defendants were Gem
pAll6d To 90 IN the panitapfiarv au(