Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-15
EAST OF TIE ROCKIES.
Belief Gaining That Mis-, Kitten Was
Murdered by BgE8laFS.
COLLISION OF OCEAN STEAMERS.
Little Children Burned to Death
Through the Act of Drunken
Man-New sboys Strike.
EAST OF TIE ROCKIES.
COLLISION OF OCEAN STEAMERS.
ESPECIAL Dlsr4rcHEs TO THE RzCoRD-UNson'4
4 NEW TRIAL.

\ NEW TRIAL.
Kunze, Gre of the Convicted Muragrers,
Given Another Chance.
CH1cAeo, January 14th.-Judge McCon-
nell this afternoon granted the motion OF
John Kunze for a new trial in the Cronin
case. bit denied the application as to the
principal defendants, Martin Burke, Daniel
Coughlan and Patrick Q Sullivan.
Judge Mcconnell in his decision said in
mart. Il think it would be nc ere pretense
for me to take more time to deliberate on
this matter. l would not arrive at any dit
ferent conclusion ia several days than
have now. 1t hes weighed upon my mind
during the trial that the defendants should
have a fair trial. Since its conclusion it
has weighed upon my mind whether they
had q fair trial, whether the Jury had
reached such a conclusion that within the
limits a Judge bas right TO question
whether the verdict was q Just one.
Judge Wing suggested that the defend
ants were preiadiced by not having been
granted a separate trial, yet the trial dis
proves this, because the theory generally &C.
cepted bv the public and urged by the
State that conspiracy was formed IL
Camp 30 was not accepted by the jury, as
shown by the acquittal of Beggs. AS to
the iury. of course it is more satisfactory
TO the trial J1dge TO have jury of men
absolutely without 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 1t 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 judgment OF jury
from the manner in which the question
was approached. / am convinced If any
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 or not the
Jury would have to come to some conclu-
sion.
las to one of these defendants. / am
convinced that 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 identl-
feation is reliable. l also discredit the
Identification of William Mertes, who
claimed to have seen Kunze one evening.
Nemann, a saloon-keeper, did not identify
Kunze positively. This murder spTang out
of Irish politics, some way, it is not neces-
sary to even conjecture how, but there is no
motive for Kubze to have taken part in the
crime, even if Mertes and James were to
be believed. and ,Nernann 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 fiat and all other places and
still have been innocent. l believe the
verdict of the jury was not only unwar-
ranted by the evidence but was an absurd
itv. As to the other defendants l override
the motion for g new trial"
Little KuDze was on his feet in an in
stant, hurting out in his broken English,
Thank you, your Honor. l am very much
OBLIGED for your kindness.
You are not indebted to me for any
Kindness" said the Court.
Is there any motion for arrest of ludg-
ment?r asked the Court.
Mr.. Forrest said he knew of no ground
for the motion, but made it to have 1t on
record.
The Court overruled it, and asked if the
prisoners had anything to say. There was
a moment of suspense, and then Dan
Couehlin arose and said in firm tones:
"Your Honor, l am innocent. was con-
viCted by peJurers.' OSulllyan's voice
trembled 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 it will be shown. l was con-
vieted by prejudiced jury aud preiudiced
evidence. do not ask for mercy; | ask
for Justice. | have not had justice"
Burke stopped chewing gum long enough
to saw II am innocent | ALWAYS knew
that in England they allowed periurers to
60 on thesiand and convict innocent men,
bat I never knew it was done IN America.
moments silence followed, and then
the Court said:
Will the prisoners rise? The three
men arose again, ami the Court imposed
their sentence in the following words
Following aud conforming to the verdict
of the iurv. the Judgment of the Court is
that you be taken to the penItentiary a
Joliet and there be confined for the term
of your natural lives
Coughlin and Burke heard the word:
without change of countsnance, butO Sulh
vans lips quivered and his face had worI
and pinched expression.
The defense was granted sixty days to filt
a bill of exceptions. 1t was announced
that LAWYERS Forrest, Dekonoe and Wins
had. been retained to take the case TO tht
Supreme Court in the March term.
Forrest asked the usual stay OF execution
until the supersedias could be secured.
The-State's attorney protested vlgor
ouslvs demanding that the prisoners be sen
at once to Joliet.
Judge Mcconnell intimated that BIZ
would be willing to granttAe stay for the
sake of humanity, if he were sure he haC
authority to 90 so, saying he had given the
matter some attention and could find nC
authority for 1t.
Forrest made Quite an extended appeal
showing. what Injustice would be done i
the defendants were compelled TO go to the
penitensiarv. and were sfterward given {
new trial and acquitted. He.Slso said al
the other = udges OF Cook caCnty excep
Anthony had been in the habit o. granting
stay Whel assured the case would bt
taken up.
Judge Mcconnell finally announced he
would deter his decision zantilf lie coulC
consult other ddses to finG out CT wha
suthority they acted,
Kupze was &hen admitted7to' bail in th'
sum of $4,000
The States attorney opposed the motion
for bail and subsequently conteaScd fol
$50 GOO.
Judge McCoa1ell, however, did not coin
eide, and explained that he would have
discharged KURzs if there weye no new evi
dence against biua, but the Stste's stteiney
had informed hsE there was some.
States Attorney Longeneckeg intiEGtec
that if they let KgDzs stay in isil few,dGyi
he IN ght conclude not 10 bring aim totria
at all, but let him go. He promised to-ae
the Court and counsel know this week, GRC
accordingly no eEOrt will be made to g
KuBze out on baills1 the meantiESe.
To ,night CoGghlin, Burke and . SuillFaS
-.