THE PHŒNIX PARK MURDERS.

Daily Telegraph (Napier), Issue 3644, 17 March 1883, Page 4

THE PHŒNIX PARK MURDERS.

Scenes in Court,

Dublin, February 3

James Carev, member of the Corporation; Joseph Brady, stone cutter; Edward O'Brien, shoemaker: Edward McCaffery, van driver; Peter Carey, mason ; Lawrence Hanlan, carpenter; Peter Doges, coach - builder ; and Timothy Kelly, the eight men Avho were recently' arrested here, Avere charged at tho Investigation Department to-day with the murder of Lord Frederick Cavendish ancl Mr Burke, in Phcenix Park. A witness named Fitzsimmons, identified councillor Carey as being connected with the conspiracy. Fitzsimmons deposed that he rented a'room in South Cumberland street from James Carey. He discovered in the loft of the house tAvo knives, and a rifle, which Avere produced after Carey's arrest. Great excitement Avas visible among the occupants of the densely- crowded Court room. When the prisoners Avere placed in the dock, there Avas a painful pause Avhen the witness Fitzsimmons Avas called. Prisoners, in the meantime, shook hands with each other, and joked among - themselves, and nodded to their friends. The reading of the charges that the prisoners did feloniousty kill and slay Lord Frederick Cavendish and Mr Burke, awt.3 greeted by the prisoners with loud laughter. Brady, O'Brien, and McCaffery Avere identified as the persons seen near the scene of the tragedy on the day of its occurrence. Fitzsimmons, AA-ho lodged in the house of Cr. Carey, testified that ho found secreted there the knives Avhich the physicians swore could have made the rcu ts in clothing and aa-ouucls in the bodies of Lord Cavendish and Mr Burke. He was severely cross-examined. His Avife also identified O'Brien and Brady. Geo. C. Odden, park ranger, identifi.l Brady as one of the five men seen on the car _on the evening of the murder, and driving furiously. Powell, the son of a small farmer, identified Brady ancl McCaffery as lurking under the trees that evening. As each prisoner Avas identified, there Avere loud exclamations in the Court room, and the Magistrate threatened to have it cleared. There was considerable commotion when all the prisoners were placed in the dock and remanded.

February 5

The investigation of the murder aud conspiracy charges Avas resumed to-day. The Court-room Avas crowded, many lords and high officials being- present, shoAA'ing that careful discrimination had been exercised in the issuing of tickets of admission Michael Kavanagh, carman, was marched into the prisoner's clock between two policemen. The new arrival caused much speculation. The prisoner has a low retreating forehead and sinister appearance, and looks anxious and nervous. A little girl Avitncss, Ellen Brophy, identified Kavanagh. as the driver of the car containing the men who intended to assassinate Mr Field. Beside Kavanagh, Joseph Brady and Timothy Kelly were also arraigned in connection with" the attempt to murder Mr Field. After the hearing of evidence against _ the prisoners for attempting to kill Mr Field, the two Careys, two Mulletts, 'Whelan, Brady, Kelly, and Kavanagh, were charged with the murder of Lord Frederick Cavendish and Mr Burke. The reason that tho investigation of the Field case was taken up is, that the authorities intend to complete the evidence in that case to-day, and then ask that the prisoners bo remanded. The identification of Kavanagh, by Ellen Brophy, Avas complete. She says she spoke to him, ancl asked him Avhom he A\-as Avaitiug for. She saAV him Avhile going on messages three times in half-an-hour. Immediately after her return the third time, she heard cries of murder, ancl immediately ran to the door. By that time thero were two men besides the driver on the car, ancl the third man Avas just mounting it. She Avas only able to identify Kavanagh. She Avas severely cross-ex-amined, but never faltered. When Kavanagh Avas identified he blustered and smiled uneasily. Brady, when he entered the prisoner's dock, had a swaggering manner. Kelly avus pale, but defiant looking. James Mullett laughed Avhen the charge concerning the Phcenix Park murders Avas read, but none of his companions joined him. Much time was occupied in proving the letting of a large room in Peter-street to James Carey, ostensibly as a readingroom, but really for the purpose of drillingmen. Ho left this room on October, 1879. William Walter was placed on tho stand to prove the letting of the Temperance Hall, in Cuft'y-street, to Patrick Wheeler, for drilling purposes, but failed to identify the prisoner. Witness, amid great laughter denied that the term, ,; Witness for the Crown " Avas applicable to him. A Avituess named Clinton, avlio let the room in Peterstreet, used for the drill-room, identified Brady aud James Carey. The seizure of arms at Whelan'- housu was foi-rmilly proved. After the CAidence of the finding of ammunition, revolvers, and two daggers in Joseph Mullett's house, prisoners Avere remanded until Saturday next.

Tho sensation of the ckry was the reading of extracts from books found Avhen the Fenian armoury, in Cross Kovans-street, was sei'ed. The diary of Patrick Whelan records his appointment as treasurer of tho Exocutive of the Republican Brotherhood, purchases in London of rifles ancl electric battery, meeting of Executive to consider a resolution Avliieh Avas afterwards proposed at the Rotunda meeting of tho Land League b} r the Nationalists, and the meeting to consult on the ad\ r isabi!ity of sending James Maher to America, to consult "our chief," James Stephens. This reference to Stephens particularly caused laughter among the prisoners aud the people. One entry reads : " Prior to death of J. G. Mahoney, the 1.R.8. had not lost its former effectiveness aud prestige. It Avas no longer dreaded as a revolutionary body. It had become a mere tool in the hands of parliamentary aspirants.'' Another book contained a list of members of a workmen's club. The Police Inspector admitted that Whelan had formely been arrested, but Avas not tried. A policeman testified to finding the murdered body of Bailey, the informer. Prisoners' counsel declared this matter avus Avholly irrelevant, to Avhich the Crown counsel replied he Avas prepared to prove that the prisoners were members of a conspiracy, to which he would trace all the murders in the city during tho last few years, unci he Avould prove Bailey Avas connected Avith the discovery of the Fenian armoury.

February 10,

Michael Kavanagh, carman, has turned informer against the prisoners charged Avith conspiracy to murder Government officials. The Court avus again crowded this morning Avith privileged spectators, iucluding many ladies. Joseph Brady, Timothy Kelly, James Carey (town councillor), Carman Fitzharris, and seven other prisoners Avere placed in tho dock to-day. The informer KaA-anagh Avas sworn, and ho deposed that he drove Brady, Kelly, and two other men whom he did not knoiv, to Phoenix Park on the evening of tho assassination of Lord Frederick Cavendish and Mr Burke. James Carey and Daniel Delaney were on seats on each side of the road. In tho Park Delaney said they Avere Avatching the Chief Secretary. The following persons Avere also arraigned: James Mullett, Edward O'Brien, Wm. Maronoy, W. David Hurley, and Samuel Delaney. Great excitement prevailed avlicu Kavanagh Avas placed in the witness seat Kuvanagh apparently labored under great excitement. He deposed that on the Gth of May last hewas at the Royal Oak public house, Park Gate street, aud Avas engaged by four men —Brady, Kelly, ancl two strangers, (Brady muttered something at this, but nothing distinct was heard. There Avas no laughter to-day among the prisoners when Kavanagh identified them). Kavanagh then pointed to Patrick Delaney, as another of the men present. He drove four men through the Island Bridge Gate to the Phcenix monument, and along the main road to Cough street. After the prisoners had said there was no sign of Fitzharris, Avituess saw him with a cab coining from an opposite direction, and saw four men alight from a cab. The cab stood a long way up the road ■with the horses' heads turned toAvards Dublin. A short time after he saAV two gentlemen approaching, aud heard a cry. On looking round he saw one of the gentlemen fall. He did not see the other's face, but the four men Avhom he drove to the Park jumped on to his car, and rove aAvay. Brady "sat on the right side of the car. Kavanagh identified Fitzharris us the driver of the cab. He deposed he saw Lord Cavendish and Mr Burke approaching, ancl some one among those he drove said a tall man was to be assassinated. Kavanagh said he subsequently drove by Chapel Izod, and round the town to Palmerstoii Park. Kelly alighted at the terminus, and Brady faid him one pound. KaA-anagh, continuing is testimony, said after tho men Avituess drove to the' Park had alighted there, ho put,

a nosebag on his horse. While Availing he said a person spoke to Jas. O'Brien. Delaney afterwards spoke to him (Kavanagh) to look sharp, ancl be ready to start, Upon this he drove nearer to the Avaitiug group, Avldch included some persons he did not knoAV. The _avo gentlemen (Lord Frederick Cavendish and Mr Burke) Avere approaching arm in arm. James Carev and Delanev, who had come back'on the car from the place where it Avas Avaitiug, jumped down and joined the group. Witness heard someone say :' It is the tall man." Kavanagh was then ordered to go further away by one ot the conspirators. As ho did so witness heard someone, he could not say who, speak: " Mind,'it is the tall man." As the gentlemen came along, either Carey or Delaney seized a Avhitc handkerchief. While he Avas waiting the carman (nicknamed "Noav") passed him, having a passenger named Nolan, toAvards Dublin. He was also passed by some bicyclists. Witness said on looking round "he thought he saw only one gentleman fall, and saAv that the other, AA-ho had an umbrella, Avas lying on the ground. On driving from the scene of the murders, they took a turn to the left, thence across the bridge to the right, along Innsoe road. Delaney directed him where to drive to. He drove rapidly until he reached RountOAvn, three miles from the Park. There Tun Kelly alighted. He then drove round to Lee, stopping at a public-house near Lee Bridge. Brady then paid ancl dismissed them. On Sunday morning he met Brady again at Townsend-street, and received two' pounds. Brady afterwards brought him the harness. He allowed Ins car to remain as it Avas for some time afterwards. He had it painted on the night MiField was attacked. He Avas on Collegestreet stand, ancl Joe Brady again engaged him. They drove out to Fleet-street. Delanev then got off and they drove to HanAvick-strcet, Avhere they alighted. They told him to wait. While waiting Kellv, Lawrence, ancl Haulan came up. —As the examination progressed the prisoners appeared to be in sheer desperation. Not one of them looked towards the Court, except Hanlan. On Kavanagh identifying Delaney and J. Carey, the latter of Avhom he said he knew avcll, there Avas so much commotion in Court that the muiristrates threatened to clear it. _ Brady afterwards somewhat recovered _ his composure, and endeavored to smile. Kavanagh said Avhen he was on the scene of the assassination ho heard one of the victims cry "Oh!" The " tall victim " (Mr Burke) was lying in the road. After this exclamation the other victim was standing in the road with an umbrella in his hand. Kavanagh afterwards saAV him lying in the road, as before stated. Kavanagh's evidence will be final. Little can be added to it, as the Crown will not accept the evidence of the actual participants. The prisoners evidently feel that the game is up. All of them iioav exhibit a defiant demeanor, except James Carey, who sat motionless, gazing quietly at the Bench. The others moved about, and held Avhispered conferences, and sometimes laughed at any little incident.—Kavanagh further deposed that Fitzharris, on one occasion, told him that they were after Judge LaAvson. Kavanagh said he became an informer on Thursday last, He had been sworn into the society by Kelly. The task assigned him was to drive the boys. Independent witnesses corroborated him, having seen Kavanagh drive the prisoners to Phoenix Park, and also in the company of the murderers at public-houses. K-wa-nagh, in his testimony, said Doyle told him that James Mullett and a lot of the big people Avere attached to the society. Upon Kavanagh entering into further details as to the various times he drove the assassins after the Phoenix Park murders, Fitzharris called him a liar. Patrick Delaney is a convict sentenced to prison for an attempt on the life of Judge Lawson. lie sat on a stool in front of the clock. The clerk called the names of thirteen prisoners, including an addition to those already mentioned—Fagan ancl Thomas Doyle. The thirteen arc all charged with conspiracy to murder Mr Burke and Lord Frederick Cavendish, and to attack Mr Field. During the reading of his deposition, Kavanagh leaned back in_ his scat, resting his head on his hands, Avith a dogired expression of countenance. George Molloy, a hatter, deposed that he saw Kavanagh on the Gth of May jat Wren's public house, Avhich Kavanagh mentioned in his deposition. The council for the Crown announced his intention to produce every tittle of evidence Avhich Avould corroborate that of Kavauajyh. Kavanagh said in his evidence that Kelly lost his hat Avhon he mounted the car. After the attack on Field, those on the car fled by a circuitous route to Townsend-street. Kelly bought another hat at the gas works. Brady and Kavanagh wrapped some kind of swords in paper aud threw them into the basin. Brady ajjain paid for the car on this occasion. He (Kavanagh) had been driving twice in Phcenix Park before May Gth with four men, Avhom he drove on the day of the murders. Thomas DoyleAvas present when he Avas sworn into the society. He indentifiecl Doyle as having told him he must say, after swearing, that he would drive anywhere they required. Prisoner Doyle exclaimed: "'it'sa lie." Kavanagh, replying to Mr Murphy, the Crown counsel, said"that on the Gth May ho Avore a Avliitc hat, but a man on the car avlio was not in in the prisoner's clock, changed Avith him, g-iving him a large brown one. (This is regarded as important, as it is believed to furnish the clue to a murderer not approhended.) The carman, on being called, confirmed the statement, testifying that he had passed Kavanagh's car in the Park. Samuel Jacobs, a witness at the inquest, deposed to seeing the struggle in the Park from a distance of fifty yards. He saw the assassins mount a car, and one of them afterwards return ancl strike the prostrate form. He could not say whether four or five men Avere engaged. Jacobs Avas unable to recognise any man on the car. Before the arival of the tricyclists, two men, one after another, came and walked away. Doyle, Delauy, and Fitsharris had no questions to ask Kavanagh. Tim Kelly's counsel endeavoured to shake Kavanagh's evidence by asking him questions concerning the inteiviow at'the Castle, ancl money promised him, but he did not apparently produce much impression. Kiivauagh identified Fagan as an associato of the assasins. The case was then adjourned till ThursdaA-.