THE PHŒNIC PARK MURDERS.

Dunstan Times, Issue 1085, 16 March 1883, Page 3

THE PHŒNIC PARK MURDERS.

Dunum, February 3rd. James Carey, member of Corporation ; Joseph Brady, a stonecutter; Elward O’Brien, shoemaker; Elward MVaffery, van driver ; Peter Carey, mason; Laurence Hanson, carpenter; Peter Doyle, coach builder ; aud Timothy Kelly, coach builder, eight men recently arrested hero, were charged to-day with the murder of Lord Cavendish and Mr Burke in Phoenix Park. A witness named Fitzsimmons identified Councillor Carey as being connected with the conspiracy. Fitzsimmons rented a room in South Curaoerland street from James Carey. He discovered in the loft of the house two knives and a lifle, which were produced after Carey’s arrest. Great excitement was visible among the occupants of the densely crowded court room wiien the prisoners were placed in the dock. There was a painful pause when the witness Fitzsimmons was called. The prisoners in the meantime shook bauds with each other, and j >kod among themselves, nodding to their friends. The reading of the charges that the prisoners did feloniously kill and slay Lo d Cavendish aud Mr Burke, was greeted by the prisoners with load laughter. Brady, O'Brien, and M’Caffery were identified r-s persons seen near the scene of the tragedy on the day of its occui'ieiice. Fitzsimmons, who-lodged in the house of Councillor Carey, testified that he found secreted there knives which physicians swore could have made the rents in the clothing aud the wounds in the bodies of Lord Cavendish and Mr Burke. He was severely cross-examined. His wife also ideutifie I O’Brien and Brady. George C. O’Dea, park ranger, identified Brady as one of the live men seen on the i car on the evening of the murder and driving furiously. Powell, the son of a farmer, identified Brady and M ‘C iffury as lurking under the trees that evening. As each prisoner was identified there were loud exclamations in the court room and the magistrate threateotd to have it cleared. There was considerable commotion when all prisoners wore placed in the dock and remanded. February sth. Tiie investigation of the murder and conspiracy charges were resumed to-day. The court room was crowded, many lords and high officials being present, showing that careful discrimination had been exercised in the issuing of tickets of admission. Michael Cavauagh, carman, was marched into the prisoner’s dock betwo u two policemen. The new arrival caused much | speculation. The prisoner has a low, I retreating forehead, sinister appearance, I and looks anxious aud nervous. A little I girl witness, Ellen Brophy, identified ! Cavauagh as the driver of a car containing i men who intended to assassinate Field. '■ After t .e hearing of evidence against the i prisoner-i who were accused of attempting : to kill Field, the two Careys, the two Mullets, Whelan, Brady, Kelly, and Gavanagh were charged with the ram- ler of Lord Frederick Cavendish and Mr B.like. | The reason that Investigation of the Field ' case was tak'-u up is that the authorities I intend to complete the evidence in that case to-day, and then ask the prisoners be remanded. The identification of Gavanagh I hy Ellen Brophy was particularly complete. She says she spoke to him and asked him who ho was waiting for. She saw him when going on messages three times in half-an-hour. Immediately after her return the third time she heard cries of murder, aud immediately ran to the door. By that time there were two men besides the driver on the oar, and the third man was just mounting it, when she was only v ahle to identify Gavanagh. She was severely crossexamined, but never faltered. When Cav« anagh was identified ha blushed and smiled uneasily. Brady, when he entered the prisoner’s dock, had a swaggering manner; Kelly was pale, but defiant-looking ; while James Mullet laughed when the charge concerning the P .ceuix Park murder was read, but none of his companions joined him. Much time was occupied in proving the lettiug of a large room in Peter street to James Carey, ostensibly as a readingroom, but really for the purpose of drilling men. He left this room in October 1879. William Walters w r as placed on the stand to prove the letting of the Temperance Hall, on Cliffy street, to Patrick Whelan for drilling purposes, but failed to identify the prisoners. The witness admid great laughter denied that the terra witness for the Crown was applicable to him. A witness named Clinton, who lot a room on Peter street used for a drill room, indentifiod Brady and James Carey. The seizure of arms at Whelan’s house was also formally proved. After evidence of the finding of ammunition, revolvers, and two daggers in Joseph Mullet’s room, the prisoners were remanded until Saturday next. The sensation of the day was the reading of extracts from hooks secured when the Fenian armoury in Cross Kelvin street was seized. The diary of Patrick Whelan records his appointment as treasurer of the Executive of the Republican Brotherhood, purchases in Loudon of rifles and an electric battery, a meeting of the oxoutive to consider a resolution which was afterwards proposed at the Rotunda meeting of the Land League hy Nationalists, and a meeting to consult on the advisability of sending Jas. Maher to America to consult “ Our Chief,” Jas. Stephens. This reference to Stephens particularly caused laughter among the prisoners and the people. One entry roads “Prior to the death of J. G. Mahoney, the S. H. 8., had lost its former effectiveness and prestige ; it was no longer dreaded as a revolutionary body, it had become a more tool in the hands of Parliamentary aspirants.” Another book contained a list of the members of tho Workman’s Club. The Police In speotor admitted that Whelan had formerly been arrested, hut was non tried. A policeman tcatifio 1 to finding the murdered body of Bally, the informer. Tho prisoners’ counsel declared that this matter was wholly irrelevant, to which tho Crown counsel replied that he was prepared to prove that the prisoners were members of tho conspiracy to which he would trace nil the murders in the city in tho. last few tew years, and ho would prove Bailey was connected with tho discovery of the Fenian armoury. TESTIMONY OF THE CAR DRIVER. February 10. Michael Gavanagh, carman, turned in

e osph'aey-toTn'urder 'Government offi ua si T 10 Couit was again crowded this morning with privileged spectators including many la’ios. Joseph lirady, Timothy Kelly, Jas, ’ .ivey ( own councillor), earnrm F tzlianv, and seven other prisoners wore placed in the dock to-day. The informer Cavanagh wnaAswoith V ul, dpriosed that ho drove Bra ly, Kelly, a id two other n on whom ho did not know to Phoenix Park on the even ing of the assassination of Lord. C iveudish and Mr Burke. Jas. Carey and Daniel Delaney were on seitson the side of the road in the Park. Delaney said they wore witching the Chief Secretary. The following | e s ns were also arraigned Laurence Hanlon, Joseph Mullott, James Mullott, I'M ward O’Brien, Wm. Maloney, Wm. David Hurley, and Samuel Delaney. Great excitement ensued when Cavanagh was placed in the witness seat. Cavanagli ap larenlly laboured under great excitement. He deposed that on the Gth May l ist ho was at the Boyal Oak public-house, Parkga*e street, and was engaged by four men, lirady, Kelly, and two strangers, lira-ly uttered a loud mutter at 3 o’clock, but lie distinct words were heard. There was no laughter to-day among the prisoners when Cavanagli identified them. Cavanagh then pointed to Patrick Delauejf as another of the men present, die drove four men into the Park by the Island gate to the Phceiiix Monument, and along the main road to Gough, Af:er the prisoners had said there was no sign of Fitz Harris, the witness saw him, with a cab, coming from an opposite direction, and saw four men alight from a cab. The cab st iod a long way up the road, with the horses’ heads turned towards Huhlin. A short time after, he saw two gentlemen approaching, and heard a cry. On looking round, nun of the gentleman fell. He did not sea to other's face, hut the four men whom he drove to the Park jumped on his car, and drove away. Brady sat on the right side of the car Cavanagh identified Fitz-Harris as.-the driver of the car. He deposed that he saw Lord Cavendish and Mr Burke approaching, and someone among those he drove said the tall man was to he assassinated. Cavanagh said he subsequently drove by Chapel Izpd to Knnntown and Palmerston Park. Kelly alighted at the terminus. Brady paid him £l. Cavanagh, continuing his testimony, said after those whom the witness drove to the Park had alighted, there, he had a nosebag on his horse while waiting. He said a person spoke to Janies O’Brien. Delaney afterwards instructed Cavanagh to look sharp, and he ready ta start. Upon this he stood nearer to the waiting , group, which included some persons lie did not know. The two gondeman (l,ord Cavendish and Mr Burke) were approaching arm in arm. Jas. Carey and Delaney, who had come back on the- car from the place where it was waiting, jumped down and joined the group. Witness heard someone say, “ It is the tall man.” Cavanagh was then ordered to go further away by one ofj conspirators. As ho did so witness heard some one ho could not say who, repeat, “ It is the tali man.” As the gentlemen came along, either Carey or Delaney seized a white handkerchief. While ho was waiting a carman nicknamed “ No re” passed him driving a passenger, Nolan, towards Dublin. He was also passed by some bicylists. Witness said that'on looking round ho thought he saw only one gentleman fall, and saw that the other, who had an umbrella, was lying on the ground. On driving from the scene of the murder they took a cum to the left, then crossed a bridge to the right along Izod road. Delaney directed him where to drive. He drove rapidly until he reached Roundtown, Hire-' miles from the Park. Here Tim Kelly alighted. He then drove round to Lees, stopping at a public house near Lee Bridge. Brady then paid and dismissed him. On Sunday morning he met Brady again at Roundtown street, and received £'2. Brady afterwards bought him harness. He allowed his cart to remain as it was for some time. Afterwards he had it painted. On the night Field was attack 'd he was at College stieet stand, and Joe Brady again engaged him. They drove out to Fleet street. Delaney then got off, and they drove to Hat wick street, where they alighted. They told him to wait. While waiting Kelly and Lawrence Hanlon came up As the examination progressed, the prisoners appeared to be in sheer desperation Not one of them looked towards the Court except Hanlon. On Cavanagh’s identifying Delaney and Jas Carey, the latter of whom ho said he know well, there was such a commotion in the Court that the magistrate threatened to clear it. Brady afterwards somewhat recovered his composure, and endeavoured to smile. Cavanagh said he was so near the scone of assassination that ho hoard one of the victims cry “ Oh.” The tall victim (Burke) was lying in a road after this exclamation. The other victim was standing in road wiili an umbrella in ins hand. Cavanagh afterwards saw him lying in thcroad as before stated. Cavanagh’s evidence will ho final. Little can bo added to it, as the Crown will not accept the evidence of actual participants. The prisoners evidently feel the game is up, and all of them now exhibit a defiant demeanour, except James Carey, who sat motionless quietly looking at the Bench. The others moved about and hold whisp red conferences, and sometimes laughed at any incident. Cavanagh further deposed that Filzharris on one occasion told him they were after Judge Lawson. Cavanagh said ho became an informer on Thursday last. He had been sworn into the society by Kelly. The task assigned him was to drive the boys. An independent witness corroborated him, having seen Cavanagh drive the prisoners to Phcenix Park, and in the company of the murderers at a public house. Cavan igli, in ids testimony said Doyle told him that James Mullet, and a lot of big people were attache 1 to the society. Upon Cavauagli’s cut- ring into farther details as to the various times drove them after the Phcenix P -rk murders, Fitz-Harris called him a liar. Patrick Deephy is a convict sentenced to prison for an attempt on the life of Judge Lawson. He sat on a stool in front of the dock. The clerk called the names of the thirteen prisnne'S. including, in addition to those already mentioned, Ryan and Tims Doyle. The thirteen are all charged with conspiracy to murder Mr Burke and Lord F. Cavendish and to attack Field. During the reading of his depositions Cavanagh leaned back in his seat resting his head in his hand, with a dogged expression of countenance. George Molloy, a hatter, of Canol street, Dublin, deposed that he saw Cavanagli on the Gth of May at Wren’s public lions", ( which Cavanagli mentioned in his deposi tions Counsel for the Crown announced his intention to produce e' T ery tittle i f evidence which would oorro o ato that of Cavanagh. Cavanagh said in Ids evidence that Kelly lost his hat when lie mounted the car after the attack on Field. The car (led by a circuitous route to Townsend street. Kelly bought another hat at the gasworks. Brady and Cavanagh wrapped some kind of swords in paper and threw them into a basin. Brady again paid for the car on this occasion. He (Cavanagh) had been driving twice in Phoenix Park before May Gth with the four men whom tie drove on the day of the murder. Thos. Doyle was present when ho was sworn into the society. Ho.identified Doyle us having

would drive anywhere they required. Prisoner Doyle liere spoke and exclaimed, “ It’s a lie.” Cavanagh, replying to Mr Murphy, the drown counsel, Raid that rn the 0 hj of May he wore a white hat, hut a man on the oar who was not in the prisoner’s dock gave him a largo brown one. This is regarded as important, as it is believed to furnish a clue to a murderer not apprehended, A carman was called and c m finned some of the statements, testifying that ho pars ;d Cavanagh’a car in the park. Samuel Jacobs, a witness at the inquest, deposed to seeing a struggle in the park from a distance 50 yards. He saw Cavanagh mount tho car, and one of the men afterwards return and strike a prostrate form, lie could not say whether four or five men weio engaged. Jacobs was unable to recognise any man on tho oar. Before tho arrival of tho trioycl'sts, two men. one after another, came and walked away Doyle, Patrick Delaney, and Fitz-Harris stated “bey had no questions to ask Cavanagh. Kelly’s counsel endeavoured to shake Cavanagh’s evidence by asking him questions concerning the iutoviewa at, the Castle, and money promised him, hut ha did not apparent y produce much impression. Cavanagh identified Fagan as an associate of tho Assassins, Tho case was adjourned.