, 1890-01-15
MOTION 0VERRULED
For a New Trial of the Cronin
ConVicts,
With the Exception of the Lit.
tie German.
Calvin S. Brice Elected United
States Senator.
Refnsed a New rriaI.

CHICAGO, Jan. IA. : Judge Nc
Connell yesterday afternoon granted
the motion of John Kunze for a
new trial in the Cronin case, but denied
the application as to the principal de-
PENDANTS. Martin Burke, Daniel Coughlin
and Patrick O'Sullivan.
Forest asked the usual stay of execu.
ton until supersedeas could be secured.
The state attorney protested vigorously,
demanding the prisoners to be sent at
once to Joliet. Judge Mcconnell init
mated he would be willing to grant a say
for the sake of humanity if he were sure
he bad authority to do SO, saying he had
given the matter some attention and could
lind no authority. Forest made quite an
extended appeal showing what injustice
would be done if defendants were com
PEELED to go to the penitentiary and were
afterwards given a new trial and acauit-
ted. He also said all other Judges of
Cook county except Anthony had been in
the habit oil granting a stay when assured
the case would be taken up.
Judge Mcconnell finally announced lie
would defer the decision until he could
consult the other Judges to find out on
what authority they acted. Kunze was
then admitted to bail in the sun of So
900. The states attorney opposed the
motion for bail and subsequently con-
tended for $50, 900. Judge Mcconnell,
however, did not coincide and explained
that he would have discharged Kunze if
there were no evidence against him, but
the states attorney had informed him
there was some. States Attorney Longe.
necker minated if they let Kuuze stay in
jail a few days he might conclude not to
bring him to trial at all, but let him 90.
He promised to let the court and counsel
know this week and accordingly no effort
will be made to get Kunze out on bail in
the meantime.
The court asked the prisoners if they
hsd anything to say. There was a mo-
ment suspense and then Dan Conghlin
arose and said in firm tones; Your
honor | am innocent. | was convicted
by perjurers."
O'Sulllvan's voice trembled slightly
as he said: Il haven much to say. |
protest my innocence before God and
man and the time is not far off when it
will be shown. L was convicted by a
preludiced Jury and periured evidence. |
do not ask for mercy. | ask for Justice.
| have not had Justice.
Burke stopped chewing gum long
enough to say: Il am innocent. | al
ways knew that in England they allow
p%erjurers to go on the stand and convict
innocent men, but | never knew it was
done in America" A moments silence
followed, then the court said: Twill the
prisoners arise2' The three men arose
and the court imposed sentence in the
following words: Following and con-
forming the verdict of the jury, the judg-
ment 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 change of countenance but
O'Sullivan's lips quivered and his face
had a worn, pinched expression. The
defense was given sixty days to file a
bill of exceptions. 1t was announced
that Lawyers Forest, Donahue and
Wing had been retained to take the case
to the supreme court in the March term.
Judge Mcconnell in his decision said
in part: II think it would be mere pre-
tense for me to take more time to delib-
crate on this matter. | would not arrive
at any different conclusion in several days
than | have now 1t has weighed upon
my mind during the trial that defendants
should. have a fair trial. Since its con-
clusion it has weighed upon my mind
whether they had a fair trial, whether
the jury had reached su,h conclusion that
within the limits a Judge has the right to
question whether the verdict was a Just
one"
Tonight Coughlin. Burke and O'Sul-
Ivan were hurried from Jail strongly
manacled and taken to Joliet on the 9
O'Clock train. They arrived at the peni,
Tertiary about midnight, and with little
ado were put into solitary confinement
until to morrow morning, when they will
be formally entered and clad in prison
garb, The sudden transfer was a great
surprise tothe prisoners. 1t appears that
States Attorney L~ongenecker decided
early in the evening to take immediate
advantage of the ruling of Judge Nc
Connell, and at once gave orders to
Sheriff Matson to hive the prisoners re-
moved to the pe~nitentIary.