Wichita eagle., 1890-01-15
KUNZE. ALONE FORTUNATE.
Judge Mcdonnell Denies a New Trial tc
the Other Cronin Prisoners.

CHICAGO. H.. Jan. 14.-In Judge Neon
neil's court this morning the argument OF
the motion of the Cronin prisoners for a
new trial was made by Attorney Wing.
Judge Mcconnell this afternoon granted
the application of Kunze for new trial,
but denied the motion as to the other de-
PENDANTS, Coughlin, Burke and O'Sulli-
van.
Judge Mcconnell in his decision said in
part: Il think it would be mere pretense
for me to take time to deliberate on this
matter. l would not arrive at any differ
ent conclusion in several days than
/ have now. Judge Wing suggest
ed that the defendants We're prejudced
by not having been granted separate
trial vet the trial disproves this, because
the theory generally accepted by the pub
lie and urged blythe state that a 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 il is
more satisfactory to the trial judge to
have jury of men absolutely without
opinion as the merits of case and this
case was followed in securing the first four
jurors but was dropped when it became
evident it would be impossible to obtain
such jury in the county. The impression
of the trial Judge as to the character of a
Juror from his whole examination would
be taken by a higher court as the judg-
ment of a jury from the manner
in which the question was approached.
am convinced if any one watched the man
ner of the trial they would have been GER
tain the court was determined to have
fair Jury AS to the evidence. the Judge is
not called upon 10 say whether if in the
jury he would have come to the same con-
clusion.
LAS to one of these defendants. l am
convinced the evidence is insufficicnt
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. l do not think his identifi-
cation is reliable. l also discredit
the Identification of William Mertes,
who claimed to have seen Kunze
one evening. n eman, saloon
keeper, did not identify KunZe positively.
This murder spraDg out of Irish politics,
some way, it is not necessary to even con-
lecture how, but there is no motive of
Kunze to have taken part in the crime.
Even if Mertes and James were to be be-
lieyed and Niemann been more positive
there is no difficulty in reconciling these
facts with his innocence. / mean to say,
be might have been in the Clark street fiat
and all other places and still have been in
nocent. ] believe the verdict of the jury
was not only unwarranted by 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 English:
Thank your honor. | am very much
obliged for your kindness"
You are not indebted to me for any
kindness" said the court.
rs there any motion for arrest of judg-
ment?' asked the court.
~, L of nd Frr
but made it TO have it on record. The
Dourt over ruled it and asked il the pris-
oners had anything to say.
There was "A moment S suspense and then
Dan Coughliu arose and said in firm tones:
Your honor, | am innocent / was con-
victed by perjurors. O'Suiliyan's voice
tremoied slightly as he said: Il have not
much to say. ! protest my innocence be-
fore God and man and the time is not far
distant when il will be shown. / was con-
victed by prejudiced jury and peTjured
evidence do not ask for mercy. ask
for justice. | have not had justice.
Burke stopped chewing gum long enough
TO say: Il am innocent. l always knew
that in England they allowed perjurors TO
go on the stand and convict 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 i'm
posed the sentence IN the following WORDS
Following and conforming TO the verdict
of the jury the judgement of the court is
that you be taken to the penitentiary at
Joliet and there be confined for the term
of your natural lives" Coughlin and
Burke heard the words without a change
of countenance but OSullivan's lips
Quivered and his face had worn pinched
expression. The defense was granted sixty
DAYS TO file bill of exceptions
Ii was announced that Lawyers Forrest,
Donahue and Wing had been retained to
take the case TO the supreme court in the
March term. Forrest asked the usual
stay of execution until a supercedence
could be secured. The states attorney
protested vigorously, demanding that the
prisoners be sent at once TO Joliet.
Judge Mcconnell finally announced he
wonid defer decision unul he could con-
snlt other judges to find out on what au-
thority they acted. kunze was then ad-