The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-15
KUNzE MAY YET co FREE,
Judge Mcconnell Denies the Motion
Of the Cronin Conviots for
New Trial.
Denied as 10 Three, But the Little
German Will Probably Get
His Liberty.
Burlc. O'sulll,an aud Conghlin sentence,
10 Joliet for Lifc-A Review "t
the Case.

Cml, lpo. Jan. li.-ln Judge McConnelrs
ccogt this morning the opening argument
uu thc motion of the Cronin prisoners for a
new trial was begun by Attorney Ewing.
Judge Mcconnell granted the motion oi
John kunle for now trial. Int denied the
application Of the principal defendants,
Martin Burke, Daniel Coughlin and Patrick
O'Sulisan.
Judge Mcdonnell in his decision. said IN
part: II think Il would bo mere prelense
for me TO take more time 20 deliberate ON
this matter. / would NOT arrive at any
different conclusion in several days than !
have now. II has weighed Gpon my mind
during ihc trial that the defendants should
have fair trial. Since IFS conclusion il
has weighed upon my mind whether
they had a fair trial, whether the Jury had
reached such n conclusion TINT within linn
lis n Judge had the right to question:
whether the verdict was a Just one. Judge
Wing said the defendants were peiudiced
ly.nOt having been granted separate trials;
vet the trial disnroNes this. because the
theory generally accepted 10y the public and
urged bV the state that conspiracy WIS
formed in Camp ~ was not accepted 10y
the jury. as was shown hy the ac-
quittnl of neggs. Of conrse. il is
more satisfactory to the trial Judge
20 have jury of men absolutely without
opinion as 90 the merits uf the case. and
this course was followed in securing the
first four jurors, but was dropped when il
became evident il would he impossible 10
obtain such jury in the country. The i'm
preston of the trial judge as TO the charac-
fer of Juror from his whole examination
would I've taken by Il higher court as the
Judgment OF Jury from the manner IN
which the question WAS approached. | am
convinced If amy one watched the manner
of the trial Judge during this trial,
they would have been certain the court
MAS determined 10 have fair jury. As 10
the evidence the Judge is not called upon 10
say whether IL on the Jury he would have
come TO the snme conclusion. As TO one OF
these defendants, am convinced the eyi
deuce is insufficient.
The first evidence against John kunze is
that of James, who saw him in q window
across the street and never saw him again
until in court. | ITO not think his identiii
cation is reliable. | also doubt his idontifi-
cation by VIM. Mcrtes who claims 10 have
seen knille one evening. Nipman. n saloon
kesprr did n0t Identify kunle positively.
Ihis 3nrder 'prane OUT ui lrisk politics; II
is rot necessary tu even conjecture how;
hut there h. 10 motive for kunXc Ia have
taken part in the crime. Even if Mortes
aud james wen 20 be believed, and Me
mann had been more positive. there il mo-
difficulty in recOnciiing these iActs with his
innocence. ! mean 90 say. he might have
bccu ia the Clark street fat and I'll other
places and siill hnvc hotn innocent. be-
licyc tn verdict ot the iuIN WIS not only
unwarpnlcd by the evidence. but WIS an
nbsurdiiy. A. TO The other defendants. ]
oyurrnle the motion for ncw trial.
Little kunze WIS on his feet in an instant,
bluring out ia his broken ENGLISH; 81
thank you, y0ur honor: 1 nm very much
indebted to me for any kindness" said tho
court. is there any motion for arrest Of
indgmeuts" asked the court.
Alr. Forrest knew Of no ground for one,
but made II in order Ia have n on record.
The court overrulcd il, and asked if the
prisoners bud anything 10 say. There was
u moment ui suspense, and then Dan
COughlin arose and siid Ia firm tones
Your honor, | am innocent; was con.
Nicted by periurcrs.
O'SuliyHns 5 0icc tramblcd slightly as he
said; II have nOt much ~ say. | protest
NY innocence before God and man. IN,
time is not lar distant when IL will b. shown
/ was cOnN lciod ly pfeludicod iury aud per
iurod evidence. J DO not ask for mercy;
ask for justice. have not had Justice
linTkn stopped chewing gum long enougl
10 say: Il AN innocent; always knew
that IN England they allow periurorsto ogo ui
the stand and convict innocent men. but
never knew il was done la Amorica.
moments silence followed. and thei
ihc court said: "Will the prisoners rise.
The thre, m,1l arose and the court mpug",
the sentence ia the fOloWing words:
Following and conforming 10 the verdict
of the Jury. the judgment ol the court j,
that yuu bc taken 10 the periiteutiufy NJ
lnlirt. aud there hr confined for the term Ot
your natural li,os."
/ Coughhn and Burke heard the word
without "a charge Of couniennncc. bui
. D'Sulliyan's lips puiypted. and his face liat
n worn pinched oppression. The dcfons,
/ was gtmied siAiy days 10 file y bill OF cx
cnltiune. Il WINS announced Tint lawyers
| Forrest DonHhuc and Wing had boon re
tanned 10 take the cn-e Ia the supwm,
court iu the Murch torn.
Tonight Coughlin, Burke and O'SullyWr
wer hurried from isil strongly manaclet
and taken 10 Joliet On tho - O'Clock train
They arrived ~ the ptnhcntiary nl,un
midnight. gnd with liltlo udo werc put int
sulll1ry confinement until tomorrow morn
4 inc. When they will br formally entered aud
clad IN prison garb. The sudden transfer
wns great sgrpfieo ~ The prisoners. II
appenri state, Attorney longcnecicr de
cided cafly in the evening To take immedint,
advantage ui thr ruling 0i Judge McCOn
nell. and 40 once gave orders 20 Slera Mat
SON 40 have The prisoners removed to ihl
/ Uruitrutig igrg