THE PHŒNIX PARK MURDERS.

Kumara Times, Issue 2107, 31 May 1883, Page 2

THE PHŒNIX PARK MURDERS.

TRIALS OF THE ASSASSINS. [new ZEALAND PRESS ASSOCIATION.] London, May 6. The prisoners Brady, Kelly, Delany, Caffrey, 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 fifty reporters, who were let into the building at an early hour. The prisoners were escorted by troops of dragoons to Kilmainhara Courthouse. Counsel were present for the accused. Judge O’Brien addressed the special jurors, and stated the Crown would allege that the murder of Lord Frederick Cavendish was not 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. The Judge spoke' of the importance and gravity of the Phoenix murder case, and also of the terrible responsibilities 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 demeanor, as at the first hearing. The trial did not take place till the 12th, as Dr. Adams declined to conduct the defence till then, on the grounds that he was not prepared. Mr D. B. Sullivan was subsequently appointed to co-operate with Dr. Adams in defending Brady. James Carey was placed on the witness stand and examined. The attention of Carey being called to a trifling detail discovered lately regarding the movements of Fitzharris in the Park on the day of the murder, and which had not been given by the witness, Carey remarked that he had so far only answered questions put to him by Counsel, and he could, if unrestricted and as he desired, tell a great deal more. The cross-examina-tion of Carey was very severe and searching, and when Counsel remarked his hands were steeped in blood, the witness replied with some asperity, “ That is not true.” Carey subsequently said he was only telling half he knew, and was more friendly to Counsel for the defence than they were aware of. Counsel vehemently declined any friendly intercourse with Carey. Michael Kavanagh was the next witness, and he said it was Brady who directed where to drive and who designed the place for him to wait for the murders. 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 an hour, their efforts being to prove an alibi. Carey was denounced in unsparing terms. At six o’clock the Court adjourned, and as Brady was conveyed back to the prison he was cheered by the populace, while Carey was hissed. When the case was resumed, the Judge’s charges to the jury showed the utter unreliability of the evidence of Miss Meagher and of the innkeeper, called to prove the alibi for the prisoner. The jury were absent forty minutes, when they returned with a verdict of “ Guilty.” When the verdict was read, a deep but suppressed murmur went around the Court room, and Brady, who up to this time had been singularly composed and free from emotion, turned ashy pale. Dr. Adams started up to make a motion, and after complete silence was restored, and before the Judge pronounced the sentence of death, said in an impressive voice—“l desire to move for an arrest of judgment.” He alleged that under the Crimes Act the jury which 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 loud, clear, firm voice—“ I am not guilty of the charge which informers have sworn on me. These men would swear away the life of anyone to save their own.” Daniel Curley was placed on trial on April 16th. The case for the prosecution was opened by Mr Murphy, who said neither a feeling of indignation at the crime nor a panic 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 twenty attempts to take the life of Mr Forster, whose taking off he would not have called murder. The conspirators had also arranged for the assassination of Lieutenant Yillier on the 4th May, 1882, then Inspector-General of Constabulary. As in the case of Brady efforts were made to prove an alibi for Curley. Attorney-General Porter, on behalf of the Crown, said that the evidence in support of this was worthless and conflicting. 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 pronounced, and replied he had not expected any mercy from the Court. It was very unfortunate that 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 were 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 the prisoner had finished, he was sentenced to be hanged on the 18th May. As the officers were taking him from the dock he cried in a loud voice, “ God save Ireland 1” Timothy Kelly was placed on trial on April the 18th, but the jury fulled tq

agree. On the 24th the trial wag resumed, and witnesses who had previously testified to an ahhi repeated their evidence. Charles M‘Cowan who years ago contested a seat in the House of Commons for County Leitrim, was called as a witness. His evidence went to prove an alibi. Altogether, fifteen witnesses testified in favour of the prisoner’s claim to absence at the time of the murder. Glyn, who was identified by Carey at Kilmainham as one of the four men whom he saw in Phoenix Park on May the 6fh, testified that Kelly was not one of them. The Judge charged strongly against the prisoner’s claim for an alibi, but the jury were again unable to agree upon a verdict. [He was tried a third time on the 7th May, and on the 9th found guilty and sentenced to death.] The trial of Michael Fagan, another of the accused, was then begun. Two compositors swore they saw Fagan in Phoenix 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. Fagan, being asked 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 the 28th.