Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-01-15
THE FINAL SENTENCE.
THB MOTION POR A N8W TRIAL or TIN
CRONIN CASE 0YBRRULgD.
Judge KsCObnslls Decision Believes The
Trial to Have Been Fair One And
PrOnouncss the Sentence on the Pris-
onsrs- How They Received It.

| OhltAbO: JaLuhJ III uuBc hIOOh-
nell this afternoon granted the application
Of Kupzs for a new trial, but denied the
motion as TO the other defendants. Cough
lin, Burke and O'Sullivsn.
Judge Mcconnell announced his decision
in the following terms: Il think it would
be mere pre.ense for me 20 take more time
to deliberate on this matter. would not
arrive at any different conclusion in the
several days than l haYe row. Ii has
weightd upon my mind during the trial oil
through that the defendants should have a
fair trial. Since its 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 right 10 question whether the
verdict WAS a Just one. II Wss Just one,
so il would be mere prstense for me to
take more time, though | have listened
With attention and with interest TO the
arguments of counsel.
"Judge Wing made one suggestion thas
deserves attention, that the defendants
were pre- udiced by not having been grant
ed eepsrate triais; yet the trial disproves
il, because the thsory most generally ac-
cepted by the public end urged by the
State, that the conspiracy was formed in
Gimp 30, wss not accepted by the jury. az
shown by their acqaiLting Bsges. The
jury concluded thst th,re was a conspiracy
existing bstween COughlin, Bnske. 0'Sul-
livan and Others to kill DR.. Oronin by their
several sc;s, but that II was not formed in
Camp 20.
Nov,
as TO THE JURY,
of coarse, il ID more satisfactory 10 a trial
Judge TO have e jury of men absolutely
without opinion ~ to the merits of the
case, and this course WAS followed in Sc
caring the first four jurors, bat wa
dropped when it became evident that ID
would be impossible 10 obtain such a jury
in the county. Tne impression of q trial
Judge az to the character of juror from
his whole examination would be taken by
higher court as the judgment of jury.
From the manner in which the question Was
approached, am convinced, that if any
one watched the manner Of the trial judge
during this trial, they would be certain
that the Court was determined to have a
fair jury. think that any opinion formed
by any Juror who sat on the case was
merely casual opinion, not firmly held. |
This murder spraug out of Irish politics,
some way, il is not necessary to even con-
iscture how, bat there ia nO motive for
Kunz to have taken part in this crime"
81 believe that the verdict OF the jury
wss not only unwsrranted by the evidence,
bat YVES aa absurdisy," said Mr.. Forrest |
as there cay motion for arrest OF judg |
ment?" asked the Court.
81 know of no ground for one" said
Mr.. Forrest: yet, Ill make a motion to |
have it on record"
"All right" said the Court; "Over-
ruled. Add now have the prisoners any
thing 90 ssy?"
TnE PglsoN9a's SAY.
There was a moment of suspense, and
then big Dan Coughlin rose and said, in
firm. district tones:
"Youa Honor. l am innocent. l was
convicted by peTjurers."
O'Sullivsn came next, and hia voice
trembled slightly, ss he said; 81 have
not much to say. protest my innocence
before God ard man, and the time ia no:
far distant when it will be sh0Sn. | was
convicted by pujudiced jury and per-
jured evidence. l DO not ssk for mercy. /
ask for justice. have not had Justice. "
Burke stopped chewing gum long enough
TO say: 81 am innocent. ] always knew
that in England they allow periurers to 20
the stand and convict innocent men, bat
never knew it was done in America"
THE SENTENCE.
A momsut of silence followed and then
the Court said: Twill the prisoners rise "
The three men rose egain and the Court
imposed fentenca in the words: "FolloH-
ing aud confirming the verdict of the Jury
the Judgment Of the court is that you be
taken to the Penitentiary at Joliet, aud
there confined for the term Of your natural
livesn
COughlin and Burke heard the words
without losing command Of their feelings,
but O'Sullivan's lips quivered and his face
had a worn, pinched expression.
The defense were granted 80 days to file |
a bill OF exceptions. II was announced |
that lawyers Forrest, DOGahue and Wing |
had heen retsined to take the case to the
Supreme CAurt in the March term. judge |
Longenecker irtimated that if they let
Kurze stay in all few dsye he might
concluds rot to bring him to trial at all,
but let him go He promised to let the
court and counssl know this week, and
accordingly no effort will be made to get
KuDz out on bail in the meantime.
Tonight the three prisoners, OOughlin,
Burke and O'Sullivsn we're hurried TO d
troin ard taken TO the State pri,on at
Joliet The trio were handcuffsd aud
manacled together. Burke was ia the
center, O'Sullivsn on the left and Cough
lin on the right. O'Snllivan took the mat
Ter bitterly to heart and wspt little.
Burke laughed outright. COughlin was
furious ami denounced the proceedings as
n OnfraUQ