PHŒNIX PARK MURDERERS.

Patea Mail, Volume VIII, Issue 1008, 12 March 1883, Page 2

PHŒNIX PARK MURDERERS.

THE PROCEEDINGS IN THE POLICE COURT. STARTLING DISCLOSURES REGARDING THE CONSPIRACY. SENSATIONAL EVIDENCE OP THE ACCOMPLICE, KAVANAGH. (PER press association.) DUBLIN, Feb. 3. James Carey, a member of the Corporation ; Joseph Brady, a stone-cutter ; Edward O’Brien, shoemaker ; Edward M‘Cafl£ery, van driver ; Peter Carey, mason ;' Lawrence Hanlon, carpenter \ Peter Doyle, coach-builder, —eight men recently arrested here,—were charged at the investigation to-day with the murder of Lord F. Cavendish and Mr Burke, in Pbcenix Park. A witness named Fitzsimmons identified Councillor Carey as being connccted.'with Jthe conspiracy. Fitzsimmons deposed that he rented a room in South Cumberland Street from James Carey. He discovered in the loft of the house two knives and a rifle, which were produced after Carey’s arrest. Great excitement was visible amongst the occupants of the densely crowded court-room when the prisoners were placed in the dock. There was a painful pause when the witness Fitzsimmons was called. The prisoners in the meantime shook bands with each other, and joked among themselves, nodding to their friends. The reading of the charges that prisoners did feloniously kill and slay Lord Frederick Cavendish and Mr Burke, was greeted by the prisoners with loud laughter. Brady, O’Brien, and M'Caffery were identified as persons seen near the scene of the tragedy on the day of its occurrence. Fitzsimmons, who lodged in the house of Councillor Carey, testified that he found secreted there the knives which the physicians swore could have made the rents in the clothing and the wounds in the bodies of Lord Cavendish and Mr Burke. He was severely cross-examined. His wife also identified O’Brien and Brady. George C. Odden, park ranger, identified Brady as one of the five men seen on a car on the evening of the murder, and driving furiously. Howell, a son of a small farmer, identified Brady and McCaffery as lurking under the Bees that evening. As each prisoner was identified there were loud exclamations in the courtroom, 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 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 Kavanagh, the carman, was marched into the prisoner’s dock between two policemen. The new arrival caused much speculation. The prisoner has a low, retreating forehead, and a sinister appearance, and looks anxious and nervous. The little girl witness, Ellen Brophy, identified Kavanagh as the driver of a car containing the men who intended to assassinate Field. Beside Kavanagh, Joseph Brady and Timothy Kelly were also arraigned in connection with the attempt to murder Field. After the hearing of evidence against the prisoners for at tempting to kill Field, the two Careys, two Mullets, Whelan, Brady, Kelly, and Kavanagh were charged with the murder of Lord Frederick Cavendish and Mr Burke. The reason that the 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 may be remanded. The identification of Kavanagh by Ellen Brophy was particulary . complete. She says she spoke to him and asked him whom 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, and immediately ran to the door. By that time there were two men beside the driver on the car, and a third man was just mounting it. She was only able to identify Kavanagh. She was severely crossexamined, but never faltered. When Kavanagh was identified he blushed and smiled uneasily. Brady when he entered the prisoner’s dock had a swaggering manner. XCelly was pale but defiant looking. James Mullet laughed when the charge concerning the Phcenix Park murders was 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 reading room, but really for the purpose of drilling men. He left this room in October, 1879. William Walter was placed on the stand to prove the letting of the Temperance Hall, on Cuffy-street, to Patrick Whelan for drilling purposes, but failed to identify the prisoner. A witness named Clinton, who Jet a roon in Peterstreet used for a drill room, identified Brady and James Carey. The seizure of arms at Whelan’s house was formally proved. After the evidence of the finding of ammunition, revolvers, and two daggers in Joseph Mullett’s house, prisoners were remanded until Saturday next. The sensation of the day was the reading of the extracts from books found when the Fenian armoury in Cross Kevin Street was seized. The diary of Patrick Whelan records his appointment as treasurer of the executive of the Publicans Brotherhood, purchases in London of rifles and an ~eleetiTTr-bAttery, meeting of executive to consider a resolution winch was afterwards proposed at the Rotunda meeting of the Land League by the Nationalists, and a meeting to consult on the advisability of sending James Maher to Amerca to consult “ our chief” James Stephens. This reference to Stephens particularly caused laughter among the prisoners and the people. OWT'cntry—reads, "Pi lor 10 Hie death of John G. Mahoney, the 1.R.8. had lost its former effectiveness and prestige, it was 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 formerly been arrested but not tried. A policeman testified to finding the murdered body of Bailey, the informer. Prisoner’s counsel declared this matter was wholly irrelevant, to which the Crown counsel replied he was prepared to prove that the prisoners were members of a conspiracy, to which he would trace all murders in the city in the last few years, and he would prove Bailey was connected with the discovery of the Fenian armoury.

Feb 10

Michael Kavanagh, carman, has turned informer against the prisoners, charged with conspiracy to murder the Government officials. The Court was again crowded this morning with_ privileged spectators, including many ladies. Joseph Brady, Timothy Kelly, James Carey (Town Councillor), the carman Fitzharris, and seven other prisoners were placed in the dock to-day. The informer Kavanagh was sworn, and deposed that he drove Bradley, Kelly, and two other men, whom he did not know, to Phoenix Park on the evening of the assassination of Lord Frederick Cavendish and Mr Burke. James Carey and Daniel Delaney were on the seats on the side of the road in the park. Delaney said they were watching the Chief Secretary. The following persons were also arraigned : Lawrence Hanlan, Joseph Mullett, James Mullett, Edward O’Brien, W. David Hurley, William Marony, and Samuel Delaney. Great excitement prevailed when Kavanagh was placed in the witness-box. Kavanagh apparently laboured under great excitement. He deposed that on the 6th of May last he was at the Royal Oak publichouse, Park Gate street, and was engaged by four men, Brady, Kelly, and two strangers, Brady muttered something at this, but no distinct words were heard. There was 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 into the park by the Island Bridge Gate to the Phoenix Monument, and along the main road to Gough. After the prisoners had said there was no sign of Fitzharris, witness saw him with a cab coining from the opposite direction, and saw four men alight from a cab. The cab stood a long way up the road, with the horse’s head turned towards Dublin. A short time after he saw two gentlemen approaching and heard a cry. On looking round he saw one of the gentlemen fall. He did not see the other's face, but four men whom he drove to the park jumped on to his car and drove away. Brady sat on the right side of the car. Kavanagh identified Fitzharris as the driver o£ the cab. He deposed he saw Lord F. Cavendish and Mr Burke approaching, and someone among those he drove said the tall man was to be assassinated. Kavanagh said he subsequently drove by Chapel Izod and round town to Palmerston Park, Kelly alighted at the terminus, and Brady

paid him £l. Kavanagh continuing his testimony, said after the men witness drove to thejjteWc had alighted there, he put a nosebaMpdiis horse wliile waiting. He said a person spoke to James O’Brien. Delaney afterward spoke to him (Kavanagh) to look sharp and be ready to start. Upon this he drove nearer to the waiting group, which included some persons he did not know. The two gentlemen (Lord F. Cavendish and Mr Burke) were approaching arm in arm. James 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,” Kavanagh was then ordered by one of the conspirators to go further away. As he did so, witness heard someone say, he could not say who, repeat, “ Mind, it is the tall man.” As the gentlemen came along either Carey or Delaney seized a white handkerchief. When he was waiting, a carman, nicknamed “Now” passed him, driving a passenger named Nolan toward Dublin. He was also passed by some bicyclists. Witness said, on looking round he 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 turn to the left, then crossed a bridge to the right, along Inchicore road. Delaney directed him where to drive. He drove rapidly until he reached Roundtree, three miles from the Park. HereTirn Kelly alighted. He then drove round to Lees, stopping at a publichouse near Lees Bridge. Brady then paid and dismissed him. On Sunday morning he met Brady again, at Townsend street, and received £2 Brady afterwards bought him the harness. He allowed his car to remain as it was for some time ; afterwards he had it painted. On the night Field was attacked, he was on the Cottage street stand, and Joe Brady again engaged him. They drove out to Fleet street, Delaney then got off, and they drove to Harwich street, where they alighted. They told him to wait. While waiting, Kelly and Lawrence Hanlan came up.

As the examination progressed the prisoners appeared to be in sheer desperation. Not one of them looked towards the Conrt, except Hanlan. On Kavanagh identifying Delaney and James Carey, the latter of whom he said he knew well, there was such a commotion in Court that the magistrate threatened to clear it. Brady afterwards somewhat recovered his composure, and endeavoured to smile. Kavanagh said he was so near the scene of the assassination that he beard one of the victims cry, “Oh 1” 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 saw 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. Ail of them now exhibit a defiant demeanour, except James Carey, who sat motionless, gazing quietly at the Bench. The others moved about and held whispered conferences, and sometimes laughed at little incident. Kavanagh further deposed that Fitzharris on one occasion told him that they were after Judge Lawson. Kavanagh said he be-■<mmg-ftw-ffitorißCT on-^hui'Bday l astT Etcr 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 prisoners to Phoenix Park, and also in the company of the murderers at public houses. Kavanagfy in his testimony, said Doyle told him that James Mullet and a lot of big people were 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 ; he sat on a stool in front of the dock.

The clerk called the names of thirteen prisoners, including, in addition to those already mentioned, Fagan and Thomas Doyle. The thirteen are 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 seat, resting his head on his hands, with a dogged expression of countenance. George Molloy, a hatter, deposed that he saw Kavanagh on the 6th of May at Wren’s publichouse, which Kavanagh mentioned in his deposition. The counsel for the Crown announced his intention to produce every tittle of evidence that would corroborate that of Kavanagh. Kavanagh said in his evidence that Kelly lost his hat when 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 gasworks. Brady and Kavanagh wrapped some kind of swords in paper and threw them into a basin. Brady again paid for the car on this occasion. He (Kavanagh) had been driving twice in the Phoenix Park before May 6th with the four men whom he drove on the day of the murders. Thomas Doyle was present when he was sworn into the society. He identified Doyle as having told him he must say, after swearing, that he would drive anywhere they required. The prisoner Doyle here spoke, and exclaimed “ It’s a lie.” Kavanagh, replying to Mr Murphy, the Crown counsel, said that on the 6th May he wore a white hat, but a man on the car, who was not in the prisoner’s dock, changed with him, giving him a large brown one. (This is regarded as important as it is believed to furnish a clue to the murderer not apprehended. A carman, called, statement, testifying he passed Kavanagh’s car in the park. Samuel Jacobs, a witness at the inquest, deposed to seeing a struggle in the park from a distance of fifty yards. He saw the assassins mount the car, and one of them afterward return and strike a prostrate form. He could not say whether four or five men were engaged. Jacobs was unable to recognise any man on the car. Before the arrival of the tricyclists, two men, one after another, came and walked away.

Tim Kelly’s counsel endeavoured to shake Kavanagh’s evidence by asking him questions concerning interviews at the Castle, and the money promised him, but he did not apparently produce much impression. Kavanagh identified Fagan an associate of the assassins.

The cage was adjourned till Thursday.