THE DUBLIN ASSASSINS.

Otago Witness, Issue 1645, 2 June 1883, Page 8

THE DUBLIN ASSASSINS.

The prisoners Brady, Kelly, Delaney, Oaffrey, Curley, and Fitzharris were arraigned before Judge O'Brien in Dublin on April 9th. The Courthouse was besieged by the public, but the authorities only admitted those called into use and 50 reporters. They were let into the building at an early hour. The prisoners were escorted by a troop of dragoons from Kilmainham to the Courthouse. Counsel for the accused were present. Judge O'Brien addressed the special jurors, and stated the Crown would allege that the murder of Lord Frederick Cavendish was part of the crime as concocted, but he was a victim to his presence in the Park with Mr Burke. Nevertheless, all present at the time of the murders were responsible therefor. The Judge spoke of the importance and gravity of the Phoenix Park murder case, and also of the terrible responsibility of secret societies. The grand jury then retired, but soon returned with a true bill against Joe Brady. Dr Webb Adams was assigned by the Court to defend the prisoner, who wore a careless demeanour, as at the first hearing. The trial did not take place until the 12th, as Dr Adams decided to conduct the defence. Mr D. B. Sullivan was subsequently appointed to co-operate with Dr Adams in defending Brady. James Carey was placed in the witness-stand and examined. The attention of Carey being called to trifling discrepancies in his evidence regarding the movements of Fitzharris in the Park on the day of the murder, Carey remarked significantly that he had so far only answered the, questions put to him by counsel, and ho could if unrestrained, and as he desired, tell a great deal more. The crossexamination of Carey was very severe and searching, and when counsel remarked that his hands were steeped in blood, witness replied with some asperity, "That is not true." Carey subsequently said he was only telling half he knew, and he was more friendly to counsel for the defence than they were aware of. Counsel vehemently declined any friendly intercourse with Carey. Michael Kavanagh, the next witness, said it was Brady who directed where to drive, and who designed the place for him to wait for the murdereis.

Joseph Smith, brother of accused who had turned informer, repeated the story of his doings in the Phoenix Park. He said the Invincibles had a secret by which they recognised each other, which was the holding of a knife in the palm of the hand. The counsel for the defence spoke for an hour, their efforts being to prove an alibi. Carey was denounced in unsparing terms. At 6 o'clock the Court adjourned, and as Brady was conveyed back to prison he was cheered by the populace, while Carey was hissed.

When the case was resumed, the Judge's charge to the jury showed the utter unreliability of the evidence of Miss Meagher and of the innkeeper, which was cited to prove an alibi for the prisoner. The Jury retired for 40 minutes, when they returned with a verdict of " Guilty." When the verdict was read a deep but suppressed murmur went round the Court, and Brady, who up to this time had been singularly composed and free from emotion, turneJ ashy pale. Dr Webb Adams started up to make a motion, and after complete silence was restored, and before the Judge pronounced sentence of death, said in an impressive voice, " I desire to move for arrest of judgment." He alleged that under the Crimes Act the jury which had heard the case and had just given in its verdict was not legally formed, and that the prisoner had received notice that he was to be tried before a special jury. The motion was denied by Judge O'Brien, who then said to the prisoner, " Have you anything to say why sentence of death should not be pronounced upon you ?" Brady responded in a low, clear, firm voice : " I am not guilty of tho charge which the informers have sworn on me. These men would swear away the life of anyone to save their own."

Daniel Curley was placed on his trial on April 16th. The case for the prosecution was opened by Mr Murphy, who aaid neither a feeling of indignation at the crime uor peace in

regard to themselves should influence the jury. A servant girl was the first witness called. She fully identified Curley as one of the men she saw in the Park on the 6th May. Carey was also put on the stand, and in the course of his evidence admitted he had been engaged in two attempts to take the life of Mr Forster. The conspirators had also arranged for the assassination of Lieutenant Villier, then Inspectorgeneral of Constabulary, on the 4th May, 1882. As in the case of Brady, efforts were made to prove an alibi for Curley. The Attorney-gene-ral, on behalf of the Crown, said that the evidence in support of this was worthless and complicating. The Judge, in his charge, also showed the insufficiency of this evidence. The jury found Curley guilty as charged. After a brief consideration, the prisoner was asked if he had anything to say why sentence should not be passed on him, and he replied he had not expected any mercy from the Court. It was very unfortunate, but the Irish Bench was never without a Norbury or a Keogh. He was a member of the Invincibles, but was not in the Park on the evening the murders wore committed. He loved his country, and could suffer for her. The witnesses for the Crown had perjured themselves. Curley also said he was a Fenian. After prisoner had finished he was sentenced to be hanged on the 18fch May. As the officers wera taking: him from the dock he cried in a loud voice, "God save Ireland !"

Timothy Kelly was placed on trial on April 18th, but the jury failed to agree. On the 24th the trial was resumed, and witnesses who previously testified to an alibi repeated their evidence. Charles M'Cowan, who years ago contested a seat in the House of Commons for the county of Leitrim, was called as a witness. His evidence went to piove an alibi. Altogether 15 witnesses testified in favour of the prisoner's claim to absence at the time of the murder. Glyn, who was identified by Carey at Kilmainhan as one of the four men whom he saw in Phoenix Park on the 6th May, testified that Kelly was not one of them. The Judge's charge was strongly against the prisoner's claim for an alibi, but the jury were again unable to agree upon a verdict. The trial of Michael Fegan, another of the accused, was then begun. Two compositors swore they saw Fegan in the Park on the day of the murders. The trial closed on the 27th, when the Jury, after a short deliberation, found a verdict of guilty. Fegan being aske*l if he had anything to say protested his innocence. He declared he was a Fenian and would die one. The Judge then sentenced him to be hanged on May 28th.

A sensation was created in the Court when Pat Delaney and Thos. Caffrey were arraigned on May 3rd. They pleaded guilty to the charge against them, and both were sentenced to be hanged on June 2nd. Before Caffrey pleaded he was informed that the Crown gave no hope for mitigation of the sentence of death which would be passed upon him. When Delaney pleaded he added, " I was brought into this at first foolishly, not knowing what it was. I was forced from my work to go to the Park, We had to obey the orders of the Society or take the consequences. When I got into the Park I could not get away. I saw the murders committed, but took no part in them. The murders were committed by Joe Brady and Timothy Kelly, and by nobody else." When Caffrey was placed in the dock his face wore a smile. The consequence of pleading guilty was a second time explained to him in open Court, but he persisted in his plea. On being asked if he had anything to say why sentence should not be passed upon him, he replied: " All I have got to say, standing on the brink of the grave, is that I did not know what was going to happen until 10 minutes before the murders were committed. I was bound to go to the Park under pain of death." These confessions have strengthened the hands of Government, and carried dismay to the agitators. Some of the malcontents assert it was an arranged plan — a trump card played by the Administration, and sympathisers are wholly dispirited. A dispatch from Dublin, May 4th, says Kingston, Healey, and Gibney, charged with conspiracy to murder Poole, were arraigned on May 4th for examination, and an informer named Lavine gave evidence confirming the existence of a violence and murder circle to which the prisoners belonged. The prisoners were remanded for a week.