The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-15
KUNZ GETS A new TRIAL
Burke, 0'SllliVan and Col6hlin SEN
tenced to Prison for Life.


CHICAGO, Jnn. la.-Judge McC onncll this
afternoon Gfanted the motion of John
kunn for . new trial in the Cronin case,
i}ut denied the application to the principal
Martin Burke. Daniel
CouRhlin and Patrick O'Sullivan.
Judge Mcconnell i'm his decision said i'm
part: ''I think il would br n merc pre-
tense for nsc to take more time to slcliber-
ate ON this matter. l would not arrive at
any different concl clusion i'm several days
than have now. II has weighed upon
my mind during the trial that the defend
ants should Save fair trial. Since the
conclusion ivhas weighed upon my mind
whether they had fair trial, whether the
jury had readhcd such N conclusion that
within the limits judge has
right to question. and whether the
verdict was n Just ono. IL was
n just one. Sudgc Wing said the defend
ants were prfiu,lced by not having been
proves this. tecause the theory generally
accepted by )hc public and urged by the
state state that IN M m conspirasy Was wa & formed in
shown by the ac.luittal of BeRgs. As to the
jury. of course il is more satisfactory tn
soiuteiy witisDu, opinion as 10 the merits
OF the case. and this course was fol-
lowed in securing the first four
became evisien, that il would he impo.si-
BILE To obtain such n jury In the county.
IN. inpresssioI; ss OF the trial judge ms TO the
animation would he taken by q higher
court ~ the tslgmcnt Of jury from the
maaces n :" which a s,,,r s question e va" al. np.
had watched the manner Of the trial judge
during this trial. they would have bccn
a fair jury. A. 70 the svitiencs. the judge
:h..hss ee' ''s On sh. oe%s 3sss he -oSiz :as
one of these defendants I am convinced
the evidence In tnsufncient. The hrst
evidence against John Kuns 10 that OF
| the street and never saw him again until
in court. ! do not think his ntifIcation
rsnh william Msr;sa ..Ss Who hi: sss ss Sass
seen Kuns one evening. Nicmann.
9 saloon Keeper, did "a i4sn,ify
OF Irish politi.., some way-.m ~ not nee.
| essary tn cvGs conjecturc how--but there
Is no motive for Kunz to have taken part
were to IN, believed and Niemaun had been
more positive, there il no difficulty in
r;sSonciiing ;siig s''e-. fact. with bis
might have been i'm the Clark
street Hat and all the other places nncn
toned and still have been Innocent. 1 b.y
unwarrant.-d by the evidence. but was an
at,s,irsiity. As to the other defendants,
| overr1Ile the motion for "a new trial.
| Little kunz was on his feet i'm an instan
hurting out In his broken English: :"
thank you. your honor: / am very mucl
| obliged for your Kindness"
You are not indebted to me for am
| Kindness" said the court.
lis there amy motion for arrest of judg
| mcut?" said the court.
| Mr.. Forrest knew of no ground for one
but made It to have IL ON record. The
court overrule'i IL and asked Il th'
WAS a moment of suspense and then DaI
Co,ighlin arose and said ina firm tones
Your honor, ] am innocent. i was coli
| yicts,ti by pprilrcr-,'
s'O'Sullivan's voice trcn,biesi slightly a
he said: 81 l,avc not much u say. ! pro
test my innocence before Cod and mar
The time is not far distant when il will .,
shown. was convicted by prejudice
jury and ." rjured evidence. do not IA.
FOR mer- y. i ask for justice. l have uo
| had Justice"
. Burke stnppcd chewing gum lon
ways knew that i'm England they allo,
| pcrjurcrs To go ON the stand aud couvi.
. Innocent men, but l never knew il wa
A moments silence followed aud til
| court sad: "Will the prisoners rise.
The three PRISONERS arose aud the con
imposed sentence IL the following words
= "Following and conforming with the We
siicl of the jury. the Judgment of the cou
,s that you he taken u, the p.nitentiary
Joliet aud Their, d. confin.si for the teri
OF your natural lives"
Couiyliiin and Burke heard the wor,
O'suilivan'. lips quiveret and his fas
had q worD pinclIsd expression. The d
Tense war granted " days tO I'LL n Dill
exceptions. IL W announced that La,
= yers Forrest, DonalIuc and Wing ha
4, been retained to take the ease to- she ~
= preme court in the MARCH, term.
Mr.. Forrest asked the usual stay OF ~
: | cutioil until saiIps.rsetieas could bs secure
| The states attorney protested vigorousl
y demanding that tlse prisoners be sent
once to- Juliet. Judge Met (onncll iu
mated that he would u. willing tai grant
, stay for the sake of humanity II he we
SUR. l,s lad authority to do 80, saying
p had given the matter some attention M
could hIid no authority. Mr. FORREST saa'
: quite an cxts.u4ed apEH.al. showing tn
linj justice would bc done IL the ds.fepdaI n
wsse someeel<SA to go 10 she I's.itentia
e and ~er,. Afterwards given new tri
II | and acquitted. He also said all Sbs oth
g judge Of Cook county except Antlso
. had been in sA.ss habit of granting q II
u when assured that the case would
taken mp. Judge Ac< ouncll 6nally a
nSunc.-d that he would defer the decisi'
until he could consult other jusiges 70 III
out On what authority they scted.
kunx vas then AdmiSte.l to bail in q
| sum of sJ.uO. The stAt4's attorney q
!, ps,sed the motion for hail, aud subse<lus
iy cons-nded for e2D.UO. Judge Mct q
nell. however, did not coincide and
% / planned that he ~ould have dischsrR
W | kunx II there wee no new evideu
| against HIM. but tile states attorney h
al | iuforuasd him him that there sorI
m The states attorney iDtiDat~d that IL th
!. let kuur stay in jail . few days he mig
n | s-busiudc nOt 10 bring him ~ trial NJ q