The Red Cloud chief., 1890-01-24
the cRoN,M

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CHICAGO. Jan. lA-1n Judge Nc
Conneli's court yesterday morning tho
opening argument on the motion of
the Cronin prisoners for a new trial
vas begun by Attorney Wing. The
argument Was altogether confined 70
the points already presented 10 the at
torney's written declaration Of errors.
Judge Mcconnell In the afternoon
granted the application Of kunse foe .
new trial, but denied the motion a. 20
the other defendants. Coughlin, Burke
and O'Sullivan. Judge Mcconnell, In
his decision. said In part:
III think II would bc mere prctense
for me to take more time to deliberate
"a this matter. I would not arrive at
any different conclusion In several days
than I have now. Ii has weighed up.
OF my mind during the trial that the
defendants should have . fair trial.
Since Its conclusion II has weighed up.
on my mind whether they had u fair
trial; whether the jury had reached q
conclusion that within the limits q
Judge has the right to question whether
the verdict was . just one. 1t was .
just one.
AS to the evidence the Judge Is not
called upon to say whether II in tho
Jury he would have come to tho same
conclusion. A. to one Of these de.
PENDANTS I am convinced the evidence
u insufficient. First, the evidence
against John Kunse IL that Of James
Who nav him In u window across the
street and level saw him again until
In court. I do not think his Identifies
ton Ia reliable. I also discredit the
Identification Of William Mertes, who
claimed to have seen kunae one even.
ing. Niemann, q salOonkecper, did
identify Kunze positively.
''This murder sprxng out Of Irish
politics some way, II n not necessary
70 even conjecture how. but there Is
NO motive Of Kunxe 10 have taken part
In the crime. Even IL Mertes and
James were 70 10 believed and Me.
mann been moro positive. there Is no
difficulty In reconciling these facts
with his innoccncs. l mean u say 10
might have been In tho CLARK styret
dat and all other places and still have
becn innocent. ! believe the verdict
Of the Jury was not only unwarrAnted
by the evidence but VAS IN absuriity.
AS to the other defendants ] over.
rule the motion for q new trial"
Little Kunze was OH his feet In an
instant, hurting out Ia his broken
English: ''Thank your honor; I am
very much obliged for your kindness
"Y0u arc not indebted 10 me for any
kindneas," said the court.
as there any motion for arrest Of
judgmentY" asked the court.
Mr.. Forrest knew OF no grounds fOs
one. but made II to have II on record.
The court overruled II, and asked II
the prisoners had any thing TO say.
!. There was = moments suspensc and
\ then Dan COughlin arose and said In
arm tones: "YOur honor. I am limo.
Dsnt / was convicted by pe~rtnrsrs.'
O'Sulivan's voice tremblcd slightly
- he said:
~ have not much 70 say. ! protcs,
my innocence before God and man,
and time 10 not far distant when II will
b. shown. l was convicted by
prejudiced jury and perjmrcd evidence,
] do not ask for mercy; ] ask for jus
tice. have not had Justice"
Burke stopped chewing gum lonl
enough 70 say: II am innocent. NJ
ways know that In England they allow
periursu n q ON the stand and con
Vict innocent men. but I never knew II
Was done In America"
A moments silence followed and
then the court said:
"Wui the prisoners risey'
The thrss men arose and the couI'
imposed the sentence In the following
Worls:
Following and confirming 70 IN,
verdict Of the jury. the Judgment o
the court In that you he taken 10 tn
penitentiary Ut Joliet aud there IL con
0ned for the term Of your natura
lives"
Judge Mcconnell intimated no woul'
D. willing 10 grant = stay for tho SAX
a humanity. u he were SURE he hs'
authority 10 do %, sayins no had give
tho matter some attention and coul'
1nd no authority.
Kunis wAs then admitted 70 ball II
the sum Of 5000.
Last night the three prisoners yer
taken Ia Joliet, where they arrives
about midnight.
4sasas o~a0sgssttss.
WICHITA, Kan, Jan. lathe exer
utive committee Of the immigration
bureau bold . meeting yestsrda'
Wosning and decided 10 scnd agent
lenat with ADVERTISING mater % vol