THE PHŒNIX PARK MURDER TRIALS AT DUBLIN.

Daily Telegraph (Napier), Issue 3702, 28 May 1883, Page 4

THE PHŒNIX PARK MURDER TRIALS AT DUBLIN.

The prisoners Brad}-, Kelly, Delaney, Cafl'roy, Curley, and Eitzliarris were arraigned before Judge O'Brien in Dublin on April 9th. Tho Court-house was besieged by tho public, but the authorities only admitted the jurymen and fifty reporters. They wore let into the building at an early hour. The prisoners wore escorted by troops of dragoons from Kilmainliani. Counsel worn present for tho accused. Judge O'Brien addressed the Grand Jury, remarking that it would lie alleged that the murder of Lord Frederick Cavendish -was no part of the crime as concocted, but that he ■was a victim to his presence in the park with Mr Burke. Nevertheless it tvjs v. murder, and all who were present at it were responsible therefor. The Judge spoke of the, importance, and gravity of the Phxais

Park murder case; also of the terrible responsibilities of secret societies. Tho Grand Jury then retired, but soon returned with a true bill against Joe Brady. Dr. AVebb Adams avus assigned by the Court to defend the prisoner, avlio Avore a careless, defiant demeanor, as at the first hearing. Tho trial did not take place till tho 12th of April, as Dr. Adams declined to conduct the defence, ou the ground that he was not prepared. Mr D. B. Sullivan was subsoqueutlv appointed to co-operate AVith Dr. Adams' 'in defending- Brady. James Carey Avas placed on the AVitness stand and examined. Tho attention of Carey being called to somo trifling details discovered lately regarding the movements of Fitzlmrris and Cole in the park ou the day of the murder and Avhich had not been ■riven by tho Avitness, Carey remarked significantly that ho had so far answered questions that Avere put to him by counsel, but ho could, if unrestricted, tell a great deal more. The cross-examination of Carey avus very scA'crc and searching. 'When counsel remarked that his (Carey's) hands Avere steeped in blood, tho Avitness replied Avith I some asperity, "That is not true." Carey ! subsequently said that he avus only telling half he knew, and avus more friendly to the counsel for the defence than they Avere with him. Ono of tho counsel vehemently decline any friendly intercourse with Carey._ Michael Kuvunugli, the next Avitness, said it avus Brady avlio directed him AA'hcrc to drive, and Avho designated the place for him to Avait for the murderers. Joseph Smith, another of tho accused avlio had turned informer, repeated tho story of his doings iv the Phconix Park. He said the Invinciblcs had a secret sign by Avhich they recognised each other, Avhich was the holding ofa knife in the palm of the hand. The counsel for the defence spoke for an hour, their efforts being directed to proving an alibi. Carey Avas denounced in unsparing terms. At 0 o'clock tho Court adjourned, and as Bradv Avas conveyed back to prison he Avas cheered by the populace, while Carey Avas hissed. AVheu the case Avas resumed on the following day, the Judge summed up, remarking upon the utter unreliability_ of tho evidence of Miss Meagher and tho inkeeper Little, A\'ho had been called to prove an alibi for the prisoner. Tho jury retired for forty minutes aud then returned Avith a verdict of guilty. A deep bufc suppressed murmur Avent round the Court, and Brady, avlio up to this time had been singlarly composed and free from emotion, turned ashy pale. Dr. AVebb Adams started up to make a motion, and after complete silence avus restored, and before the Judge pronounced sentence of death, he said in an impressive A'oice, " I desire to move for arrest of judgment." Ho alleged that under the Crimes Act the jury avlio had just given their verdict Avere not legally formed ; that the prisoner had received notice that he avus to be tried by a special jury. The motion avus refused by Judge O'Brien.

His Honor then said to the prisoner, " Have you anything to say why sentence of death should not be passed upon you'-*" Brady responded iv a loav, clear, firm voice, ''•' 1 am not guilty of the charge Avhich the informers have sworn on me. These men would swear away the life of anyone to save their own." lie avus then sentenced to death. Daniel Curloy avus placed on his trial on April 10th. The case for the prosecution avus opened by Mr Murphy, avlio said that neither a feeling of indignation at the crime nor panic in regard to themselves should influence the jury. A servant girl avus the first Avitness' called. She fully identified Curley as one of tho men she saw iv the park on the sth of May.—Carey avus also put on the stand, and iv the course of his evidence admitted that he had been engaged in twenty attempts to take the life of Mr Forster, whose killing he Avould not have called murder. The conspirators, he said, had also arranged for the assassination of Lieutenant llillier, then InspectorGeneral of Constabulary.—As in the case of Brady efforts Avcro made to prove an alibi for Ctn-loy. The jury found Curley guilty after a brief consideration. —The prisoner avus asWl if lie had anything to say avliv sentence sh-iuld not be pronounced, aud lie replied that V (J had not expected any mercy from the Cc n rt. It avus very unfortunate that the Irish j-jonoh avus never without a Norbury or a Keegh. He (the prisoner) avus a member of thoT uv i n( ;iblcs, but avus not in the park on the evening the murders Avere committed. Ho hu,-A his country and could suffer for her. The Avitnesses for the Crown had perju-.- 0 d themselves. Curley also said that he avus <\ Fenian. —After the prisoner had finished he avus sentenced to be hanged on the 18th of May. As the officers Avere taking him from the dock he cried out in a loud A'oice " God Save Ireland."

Timothy Kelly Avas placed on his trial on April 18th, but" the jury failed to agree. On the 24th the trial was resumed, and the Avitnesses avlio previously testified to an alibi repeated the evidence. —Charles M'CoAvun, Avho somo years ago contested a seat in the House of Commons for County Leitrim, avus called as a Avitness. His evidence Avent to prove an alibi. Altogether fifteen Avitnesses testifiod in favor of the prisoner's claim to absence at the time of the murder. Glyu, who identified Carey at the Kilniaiiihain inquiry as ono of the four men Avhom he ssiav in Phconix Park on May Gth, testified that Kelly ay.is not ono of 'them.—The Judge charged strongly against prisoner's claim for au alibi, but the jury were again unable to agree upon a verdict. The trial of Michael Fagan, another of the accused, avus then begun. Tavo compositors swore they saw Fagan in Phoenix Piirk on the day of the murders. The trial closed on tho 27th, when the jury, after a short deliberation, found a verdict of guilty. Fagan being asked if he had anything to say, protested his innocence, though he declared he was a Fenian and Avould die one. The Judge then sentenced him to be hanged on May 28th. A sensation Avas created in the Court Avhen Pat Dulaney and Thos. C'afr'rcy A\-erc arraigned ou May 3rd. They pleaded guilty to the charges against them, aud both Avcro sentenced to bo hanged on June 2nd. Before Catfrcy pleaded he Avas informed that tho Crown gave no hope of a mitigation of the sentence of death Avhich Avould be passed upon him. AVhcn Dolaney pleaded he added, "I Avas brought into this at first foolishly, not knowing Avhat it Avas. I Avas forced from my work to go to the Park. AYe had to obey tho orders of the society or take the consequences. AVhcn 1 got into the park I could not get away. I saw tho murders committed, but took no part in them. The murders were committed by Joe Brady and Timothy Kelly, and by nobody else." AVhen Oaffroy Avas placed in the dock his face Avoru smiles. The consequence of pleading guilty Avas a second time o.x2>lained to him in open Court, but ho persisted in his plea. On being asked if he had anything to say Avhy sentence should not bo passed upon him, he replied, " All I have got to say standing on the brink of the grave is that I did not know AA'hat avus going to happen until ten 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 tho Government and carried dismay to the agitators. Some of the malcontents asserts that it was an arranged plan-—a trump card played by tho Administration. The Irish sympathisers in the United States are wholly dispirited.