The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-05-05 00:00:00

•
THE
PMENIX PARK MURDERS.

TRIAL OF JAMES FITZHARRIS.

On Monday morning JAMES FITZHARRIS was put
upon his trial for the wilful murder of Mr. Thomas
Henry Burke. Fitzharris, who is more commonly
known by the now familiar sobriquet of "Skin-the-
Goat," was up to the time of his arrest a cabdriver
plying in the city of Dublin. He was the owner of
the vehicle which during the course of the trials has
been referred to as "the cab with the white horse."
He is a man of about 55 or 60 years of age, of
rather low stature. His appearance has wonderfully
improved since his appearance at the preliminary in.
quiry at Kilmainham. While the preliminaries to
the swearing of the jury were proceeding he took a
good look at his Lordship and the surroundings of the
court, betraying no uneasiness whatever and no ex-
citement beyond that of an interested spectator. Soon
he folded his arms, and there was again to be observed
the same restless swaying of the body which has
marked his attitude in Kilmainham, and he seated
himself with his back to the jury, and remained
quietly observant for the remainder of the day.

The Attorney-General briefly stated the case for the
Crown. The witnesses forthe Crown were then called
and examined—amongst whom were Joseph Smith,
James Carey, Robert Farrell, and Peter Carey, The
trial was adjourned.

On Tuesday morning the trial was resumed. There
was a good attendance of the public, as it was
expected that the case would terminate early in
the day. The statement which gained currency to
the effect that no witnesses would be called for the
defence proved to be correct. The prisoner's counsel
(Mr. M'lnerney) relied solely on the fact that there
was no proof forthcoming to show that Fitzharris
was really a sworn "Invincible," and urged that his
connexion with Carey was simply the outcome of
his lawful occupation as a cabman. There was only
one speech for the defence, and to this Mr. Murphy,
Q.C., replied on behalf of the Crown. Mr. Murphy's
address concluded at a few minutes to twelve, and the
learned Judge retiring for a moment or two, gave the
jury leavd to do the same, while the prisoner got alike
permission. .
On their return the learned Judge proceeded with
his charge, dealing very clearly but quickly with the
evidence which had been advanced by the Crown.
He referred at some length to the fact that there
was no evidence forthcoming to show that the pH-
poner was present on , the sth of May, when
the plot was being hatched; and concurred with
counsel for the detence that even if the prisoner
had seen the murder, still if he had not known
of it before it was to occur he could not be proved
guilty of the crime with which he was charged.
The prisoner's ordinary employment was that of a
cab-driver, and he might have been found in the
Park in the course of his proper occupation. That
the prisoner was present in the Park on the 6th
of May had been proved by several witnesses, but
whether he was in the Park that day aiding and
abetting in this crime, and went there with the belief
and knowledge that murder was to be committed, was
for the jury to decide. They should also remember
that there was no evidence forthcoming to show whom
he drove away from the Park. They should consider
all these matters carefully, and if they had a doubt in
regard to them the prisoner should get the benefit of
that reasonable doubt.

His Lordship's charge on this occasion was by far
the shortest delivered at these trials, only occupy-
ing a little over half an hour, The jury retired at
a quarter to one o'clock, and the prisoner was re-
moved. At a quarter-past one ' o'clock the jury
returned into Court, and the prisoner was once more
put forward, In a moment or two the formal ques-
tion was pet, and the finding of the jury was stated by
the foreman to be that of a verdict of Not Guilty.
Instantly Fitbarris's face underwent a wonderful
change. A smile spread over his countenance, and
his-eyes beamed with delight. Turning round to the
warder who stood beside him, he gave a nod and made
some remark, and then turned and left the dock look-
ing inexpressibly happy.

SENTENCES OF DEATH ON PATRICK DELANEY AND
THOMAS CAFFREY.

The trials of the prisoners charged with complicity
in the Phcenix Park murders were resumed in the
Dublin Commission Court on Wednesday morning,
before Mr. Justice O'Brien.

At ten minutes past eleven o'clock PATRICK
DELANEY was put forward • and, in reply to the
Clerk of the Crown as to whether he was guilty of the
murder of Mr. Burke or not, he said, "I was present
in the Park, but I did not commit the murder."
The Judge: That is a plea of not guilty.
Prisoner: I plead guilty.

The Judge pointed out to the prisoner that he was
arraigned for murder, and the punishment of that
crime was death.

Prisoner: I plead guilty.
Upon being asked what he had to say why sentence
of death should not be passed 11D0/3 him, the prisoner
made a statement, in the course ot which he said that
he was forced to go to the Park on that day, or take
the consequence. He saw the murders committed,
but he took no hand or part in it; and after the assas-
sinations, for his own safety, he went away on
Kavanagh's car. With regard to the attack on Mr.
Justice Lawson, he was told off to shoot him, and he
saved the judge's life by drawing the attention of the
escort to his own movements.

The Judge, after referring to the enormity of the
crime and the dreadful position in which the pri-
soner had placed himself, then formally passed sen-
tence of death.

Delaney, on leaving the dock, said, "Thank you
my Lord.

THOMAS CAFFREY was then put forward and also
pleaded guilty.
The Judge explained that sentence of death must be
passed if he was found guilty, or pleaded guilty; but
Prisoner persisted in his plea.
The usual questions were put to him, and he ex-
pressed his desire of his own free will, to withdraw
his former plea of not guilty.

He was then asked whether he had anything to say
why sentence of death should not be passed upon
him.

The Prisoner : All I have to say, my Lord, speak.
ing on the brink of the grave, is, that I did not know
what was to happen until twenty minutes before the
affair happened. I was ordered there, and if I did
not go my life would be taken. That is all I have to
say.

- -
The learned Judge addressed a few words to the
prisoner, and then sentenced him to be executed on
the 2nd of June.

On leaving the dock the prisoner thanked the Judge.
Mr. Gerald Byrne said, in justice to the prisoner
and himself, as solicitor for the defence, he was bound
to state that on the prisoner's statement to him he
had advieed him to plead Not Guilty ; but he had de.
cided to take the other course in opposition to his
advice.

The Judge said it was quite right to make the state-
ment,