nd
to adopt reasonable judgment in considering the legal evidence of
the case and the laws of the country, and urged that if they did
so, his two clients would soon be breathing the free air of heaven.
The counsel drew attention to the fact, that he had been especially
assigned to the defense of Kunze by the Court, the prisoner having
sworn that he did not have a dollar, and also said that until the
opening of the present case he had had no connection with
O'Sullivan or any of his friends. There was nothing to prove, the
counsel went on to argue, that Kunze was in any way connected with
the crime. The young man who claimed to have seen him wash his feet
at the window of the Clark street flat, as well as the
saloon-keeper, whose place he was alleged to have visited on the
night of May the 4th, might easily have been mistaken. It was, in
brief, a case of mistaken identity. Mr. Donahoe argued at length,
with a view of showing that the testimony regarding the
identification was at all times questionable, and should be
received with a great degree of caution, and quoted numerous
authorities to illustrate the fact that his theory was correct.
Proof of criminal intent, he said, was absolutely necessary, and
that that was proof absolutely lacking. Mr. Donahoe concluded his
speech in these words:

"Gentlemen, I am about to say the last words for my clients. Their
welfare is in your hands. I am satisfied that if you banish from
your mind everything but the law and the evidence, in this case,
you will unlock the prison door and let them go about their
business, earning their bread by the sweat of their brows.
Something was said in this case, some discussion in your presence
about Alexander Sullivan. There is no proof that my clients know
Alexander Sullivan. If there should exist in your minds, or if
there has been injected into your minds, prejudice against that
man, for God's sake don't use that against my clients, two young
men whom the evidence in this case proves to be innocent. Yet the
law does not say that they require to show their innocence; the law
requires that the prosecution shall show their guilt. I have at
heart the welfare of Kunze, although he never gave me a dollar, as
much as I have the welfare of my client, O'Sullivan, who has
re