St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-15
Judge Mcconnell Grants One
Of Cronin'S Assassins O.
New Trial
The Evidence on Which He
Was Convicted Not Posi-
tive Enough.
Coughlin, Burke and O'Sulli-
van Get Sentences of Life
Imprisonment.
Handcuffed and Manacled To.
gether They Are Hurried
Off to Joliet.

nelfS court this morning the opening
argument III the motion of the Croniu
prisoners for new trial was begun by
Attorney Wing. The argument was
altogether confined to the points already
presented i'll the attorneys written
declaration Of errors. Judge Mcconnell
announced his decision in the following
terms: IL think it would be mere pre-
tense for me to take more time to delib-
crate on this matter. / would not ar
rive at any different conclusion in sew
eral days than ] have now. 1t has
weighed upon my mind during the trial
and all through it that the defendants
should have fair trial. Since its con-
clusion it has weighed upon my mind
whether they had had fair trial,
such conclusion that with
in the limits judge has
right to question whether the verdict
was just one. 1t was just one, so il
would be a mere preteuSe for me to
take more time, though have listened
with attention and with interest to the
arguments of counsel. Judge Wing
made one suggestion that deserves at
tention, that the defendants were preju-
diced by not having been granted sep
arate trials. get
THE TRIAL DISPRovES IT,
because the tn ory most generally ac-
state. that the conspiracy was formed
IN Camp 20, was not accepted by the
jury, as shown by their acquitting
Beggs. The jury concluded that there
was a conspiracy existing between
Coughlin, Burke, O'Sullivan and others
to kill DIR. CrUnin, by their several acts.
but that it was not formed in Camp 20.
Now, as to the jury. Of course it is
more satisfactory to a trial judge 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 that il would be inn
possible to obtain such jury III the
county. The impression of trial judge
as to the character of juror from his
whole examination would be taken by q
higher court as the Judgment ola jury.
From the manner in which the Ques-
ton was approached, | am convinced
that if any one watched the manner of
the trial judge during this trial they
would have been certain that the court
was determined to have a fair jury.
think that any opinion formed by
any juror VIII Sdl Oil Cuio CdSt WIS
merely a casual opinion, not firmly
held. As to the evidence, a Judge is not
called upon to say whether if on jury,
he would have to come to the same con-
clusion. 1t is to say whether the yer
diet is based upon sufficient evidence.
As to one of these defendants | am con-
vinced that the evidence is insufficient.
The first evidence against John KunZe
is that of James, who saw him in q win
dow across the street and never saw
him again until he saw him in court. |
do not think his Identification is re-
liable. l also
DISCREDIT THE IDENTIFICATION
of William Mertes. the milkman, who
claimed to have seen him one evening.
That was the next time he appeared in
the case. Niemann, the saloon keeper,
did not identify Kunze positively,
and the jury had no right TO
be more positive than Niemann.
This murder sprang out OF Irish politics,
some way. it is not necessary to even
conjecture how, but there is no motive
for KunZe to have taken part in this
crime. Even if Mertes and James were
to be believed, and Neimann had been
more positive, there is no difficulty in
reconciling these facts with his innO-
cenee. mean to say he might have
other places, and still have been innO-
cent. believe that the verdict of the
Jury was not only unwarranted by the
evidence, hut was an abSurdity. AS to
the other defendants, l Overrule the mo-
ton for new trial. Little KunZe was
on his feet in an instant, blurting out
in his broken English: 'Thank you,
yonr honor: am very much obliged for
your kindness"
You are not indebted to me for any
kindness" disclaimed the court.
''Is there any motion for arrest of
iudgment?" asked the court.
II know of no ground for ene," said
MIR. Forrest. ''yet I'll make the motion
to have it on the record"
'All right" said the court, "over-
ruled: and now have the prisoners any
thing to say?o There was a moments
suspense, and then
BIG DAN COUGH1.IN ROSE
and said, in firm, distinct tones: ''Your
honor. l am innocent. l was convicted
by perjurers." OSulliyan's turn came
next. and his voice trembled slightly as
he said: 81 have not much to say. l
protest my innocence, before God and
man, and the time is not far distant
when it will be shown. l was con-
victed by prejudiced jury and
perjured evidence. l do not ask
for mercy. l ask you for justice. l
have not had Justice" Burke stopped
chewing gum long enough to say: Il
am innocent. l always knew that in
England they allow perjurers to go on
the stand and convict innocent men,
but never knew it was done in Amer
lea" A moments silence followed.
and then the court said: ''Will the
prisoners rise?" The three men rose
again, and the court imposed sentence
in the following words: "Following
and confirming the verdict of the Jury.
the Judgment of the court is that you be
taken to the penitentiary at Joliet, and
there confined for the term of your nat
ural lives" Coughlin and Burke heard
the words without losing their CON-
mand of their feelings. but O'Sullivan's
lips Guivered and his face had worn,
pinched expression. The defense were
granted sixty days to file a bill of
exceptions. 1t was announced that
Lawyers Forrest, Donahoe and Wing
had been retained to take the case to the
supreme court in the March term.
Lawyer Forrest asked that the usual
stay of execution be granted until a
supersedeas could be secured, and by
that request precipitated heated de-
bate, the states attorney protesting
vigorously and demanding that the
prisoners be sent at once to Joliet
Judge Mcdonnell intimated that he
rrould be willing to grant the stay,
FOR THE SAKE OF HUMANITY,
If he were sure he had any authority to