Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1890-01-17
TO JOLIET!
Coughlin, Burke and 0'Sullivan
Taken Away at Night
They are MySteriOusly Transferred 10
the State Penitentiary.
LOngeneeker Takes Advantage of
Judge MeConnell's Ruling.
He Gives Sheriff Matson Orders to Re-
move the Prisoners.
No Time Was Accorded to Bid Fare
well TO Friends.
The Three Were at Once Placed i'll
Solitary Confinement.
Little kunZe, the German, is Granted
New Trial.
He Gives Sheriff MatSon Orders to Re-
move the Prisoners.
No Time Was Accorded to Bid Fare
well to Friends.
The Three Were at Once Placed il
Solitary Confinement.
Little kunZe, the German. is Granted
New Trial.
Attempts to Thank the Judge But is
Rebuked

CHICAGO, Jan. 15-I a. m.-Tonight
COughlin, Burke and O'Sullivan were
hurried from the jail, strongly manacled
and taken TO Joliet on the nine o'clock
train. They arrived at the penitentiary
about midnight, and, with little ado We're
put into solitary confinement until to-
morrow morning, when they will
be formally entered and clad in
the prison garb The sudden
transfer was a great surprise to the pris-
oners. 1t appears that States Attorney
Longenecker decided early in the evening
to take immediate advantage of the ruling
of Judge Mcconnell. and at once gave or
ders to Sheriff Matson to have the prison.
ers removed to the penitentiary.
CHICAGO, Jan. 14.-In Judge McCon-
nell $ court, this morning. the opening
argument on the motion of the Cronin
prisoners for a new trial was begun by
Attorney Wing. This afternoon Judge
Mcconnell denied the motion, for new
trial in, the eases of COughlin. 0'Sul-
Hvan and Burke, but granted new trial
to kunZe. in his decision Judge McCon-
nell said in part: think it would be Il
mere pretenSe for me to take more time to
deliberate on this matter. | would not ar
rive at any different conclusion in several
days than have now. 1t has weighed
upon my mind during the trial that de
PENDANTS should have a fair trial Since
its conclusion it has weighed upon
my mind whether they had a fair
trial. whether the jury had reached such a
conclusion. that within limits IA Judge
has right to question whether the YER
diet was Just one. it was a just one. Judge
Wing suggested that the defendants were
prejudiced by not having been granted a
separate trial, yet the trial disproves this
because the theory Is generally accepted
by the public and urged by the state that
conspiracy was formed in camp 20, was
not accepted by the jury, as shown by the
acquittal of Beggs As to the jury, of
course it is more satisfactory to the trial
judge to have a jury of men absolutely with
out an 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 it would be impossi-
ble to obtain such a jury in the county.
The impression of the trial judge as to the
character of juror from his whole exami-
nation would be taken by the higher court
as a Judgment of Il jury from the manner
in which the question 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 fair jury
As to the evidence, the judge is not called
upon to say whether if on the jury, he
,,-,,,,Il -, 1,
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 window
across the street and never saw him again
until in court do not think his identi-
tcation is reliable. | also discredit the
Identification of VIM. Mertes who claimed
to have seen Kunze one evening. Me
man, a saloOnkeeper, did not identify
Aunze positively 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 the crime. Even if Mertes and
James were to be believed
and Niemann been more positive,
there is no difficulty in recon
cling these facts with his
imOcense. mean to say that he might
have been in the Clark street fiat and all
other places and still be innocent. | be-
lieve the verdict of the jury was not only
unwarranted by the evidence. but was an
absurdity As to the other defendants |
overrule the motion for a new trial Lit
tie kunze was on his feet in an instant,
hurting out in half broken English:
Thank yo1 your honor; am very much
obliged for your kindness You are
not indebted to me for any kindness. -
said the court.
lis there any motion for an arrest Of
judgment?" asked the court.
Mr. Forrest knew of no ground for one
but made it to have on record. The court
overruled it and asked if the prisoners had
ANYTHING to say. There was a moment Of
suspense and then Dan Coughlin arose and
said in firm tones:
Your honor, am innocent; | was con-
victed by perjurers.
OSuliivanFs voice trembled slightly as
he said: Il have not much 10 say. Iprc
est my innocence before God and man.
and the time is not far distant when it will
be shown. | was convicted by a preju-
diced jury and perjured evidence. do
not ask for mercy; | ask for justice; | have
not had justice.
Burke stopped chewing gum long
enough to say:
i am innocent. I always knew that in
England they allowed perjurers to go on
the stand and convict innocent men; but
never knew it was done in America.
A few moments of silence followed
and then the court said:
will the prisoners rise:
The men arose again and the court i'm
posed the sentence in the following words:
The following and conforming verdict of
the jury and Judgment 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 a change of countenance, but
O'Suilivan lips quivered and his face had
a worn pinched expression.
The defense was granted sixty days to
file bill Of acceptance. Ii was announced
that Lawyers Forrest, DOnahoe and Wing
would be retained to take the case to the
supreme court In the March term. For
rest asked the usual stay of execution until
the supersedeas could be secured. The
states attorney protested vigorously. de-
manding that the prisoners should he sent
at once to Joliet. Judge Mcconnell init
mated that he would be willing
to grant stay for the sake
OF humanity If he were sure he had
authority to dc 50, saying he had given the
matter some attention and could find no
authority. Forrest made quite an extended
appeal showing what injustice would De
done IL the defendants were compelled to
90 TO the penItentlary and were afterwards
given a new trial and acquitted. He also
said all other Judges Of Cook county, ex-
cept Anthony. had be4a In the habit of
granting 4 stay when assured case would
Be taken up. Judge Mcconnell finally an