The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-04-21 00:00:00

THE
PH(ENIX PARK MURDERS.

THE TRIAL OF DANIEL CURLEY.
In Dublin, on Monday morning, DANIEL CURLEY' the
second of the prisoners charged with the murder of Mr.
Burke, was placed at the bar in Green-street Court-
house to take his trial. The same interest was maul-

raged as on the trial of Joseph Brady, and the attend-

ance of the general public was as large as the authorities
would permit. Similar precautions were also taken
both inside and outside the court•house, and in the
dock there were two additional policemen stationed as
in Brady's case, while a marine sat on either side of
the prisoner. The same counsel were engaged on both
aidea.

Mr. Justice O'Brien entered the court precisely at
eleven o'clock, and after a few minutes delay the
prisoner was put at the bar, and the names of the
special jurors were called over. The preliminaries
were got over in a short space of time, and at twenty-
five minutes to one o'clock, the jury having entered
their box, their names were formally called over, and
the prisoner given into their charge, on the indictment
charging him with the wilful murder of Mr. Thomas
Henry Burke.

Mr.- Murphy, Q.C., on this occasion opened the case
for the Crown, and at the conclusion of his speech,
which occupied over two hours, the Court adjourned
for a short time, and on resuming evidence was imme-

diately gone into.
Curley is a man of about 35 or 40 years of age, of
delicate appearance and slight stature, forming a
marked contrast in this respect to his fellow prisoner
Brady. His features, which bear the marks of small-
pox, are not at all repulsive, and throughout the day
wore a quiet and grave expression. He wears whiskers
and has a good head of wavy light brown hair.
Dressed in a suit of dark drab tweed, he presents
the appearance of a somewhat superior artisan.
On advancing into the dock he stooi at attention
for a few minutes, without manifesting any mat
nervousness. During the swearing of the jury
he maintained his standing position, at times
folding his arms and resting on the bar in
front of him, while he carefully scanned the faces
of the men who were about to decide his fate.
During the delivery of the opening statement he
seated himself facing the speaker, and followed with
the greatest attention the remarks then being made.
As the learned counsel entered into the parti-
culars of the testimony that was to follow, the
prisoner applied to one of the warders for writing
materials. These were quickly supplied in the shape
of pencil, note•book, and paper, and soon he was
engaged in taking copious notes. In the course of the
evidence which followed Curley manifested the same
care and watchfulness, and, still seated and watchful,
he spent the remainder of the day fronting the chair
which the witnesses occupied, and often taking notes.
At the sitting of the Court the names of the jury
forming the special panels for the city and county of
Dublin having been called over on fines of £lOO, it was
found that only 114 gentlemen out of the 200 .orming
both panels answered to their names. When a jury
was about to be sworn from those present.

- -
Dr. Webb, Q.C., addressing the Judge, said that at
the urgent requisition of his lordship he had under-
taken the defence of the unfortunate man who had
been condemned to death, and of the prisoner at the
bar. Three of the five prisoners against whom true
bills had been returned had engaged their own
counsel.
- -

Mr. Justice O'Brien : I understand that only in one
case, that of Kelly, was different counsel engaged
from that assigned by me for the defence.
Dr. Webb: That is so, and I feel that before this
trial concludes I shall have exhausted all my powers
of advocacy. Having regard, besides, to what has
fallen from your lordship, I do not wish to have a pre-
cedent established in my person for the assigning of
Queen's Counsel for the defence of prisoners charged
with murder. I submit that the duty of Queen's
Counsel is to assist in the prosecution, and that he is
not liable to be assigned for the defence. I do not
believe there is a man living whose nerve could stand
the trial of going through twelve or fourteen cases of
this description, and I must therefore ask your lord-
ship in the interests of the prisoners that at the end of
this case I should be released from the obligation you
have put upon me.
Mr. Justice O'Brien said he would take into con-
sideration the statement which counsel had made,
and he would take steps to enable the prisoners to
have the beat professional assistance. _ _ _

The swearing of a jury was then proceeded with,
and 12 gentlemen were empanelled, after 32 had been
ordered to stand aside by the Crown, and 20 chat,
lenged by the prisoner's solicitor.
Mr. Murphy, Q.C., then proceeded to address the
jury, and commenced by saying that no words of his
were necessary to convince them of their solemn duty.
They were in all such cases to carefully examine the
evidence, as it was necessary to remember how
terrible the results might be to the prisoner. They
should not be led away by any conclusions adverse
to the prisoner or by anYthliirs except what
Parefeel W.-we them in that court. No feeling of inaig•
nation at the crime nr of terror of possible consequences
to themselves should be permitted to operate adversely
to the prisoner in the consideration of the charge. He
entreated them, as they would be entreated by the dis-
tinguished judge, to allow nothing to influence them
but evidence which they felt themselves enabled
securely to rely upon. Mr. Murphy then proceeded
to open the case for the prosecution. His address
dealt with different details of the evidence which would
be adduced to support the charge against the prisoner
at the bar. He had, of course, to travel over the same
ground as that of the Attorney-General, and the
greater portion of his remarks was, therefore, simply
a recapitulation of the statements with which the trial
of Brady was introduced.
James Carey, the approver, was then called, and
examined by the Attorney• General, repeating his
eviderce as given on Brady's trial. We take the re•
port of his examination from The Times of Tuesday :
Carey said that on the visit of a Mr. Walsh in December,
1881, four men, Including himself, Curley, the prisoner
James Mullett, and Edward M'Caffrey, with Walsh, met
together for the purpose of forming a branch in Dublin of a
society whose object was to make history and to remove
tyrants. Official persons were named and referred to at that
meeting. The four were to introduce members into it and
form a complete band of 50. Curley introduced about
20. James Mullet acted as chairman. A sum of
£5O was left for preliminary expenses by Mr. Walsh.
Witness also recollected a person coming In disguise under
the name of Father Murphy, who met him in company with
Curley. The subject on one occasion of their meeting in the
Angel Hotel was in reference to their being in the park
watching Mr. Forster. There were frequent meetings of the
four afterwards, sometimes in Mullett's and sometimes in
the open air. Sunday was the general day of meeting, and
sometimes meetings were held on Wednesdays. The
man M'Cafferty was also present at some of these
meetings. The man " No. 1" (whose photograph was
now produced and recognized by witness) had also
been present at some of those meetings. He had
given money for the use of the " Invincibles." Arms
and knives had come from London, and Curley was aware
of their coming. The knife (produced) was one of those so
received. He recollected several meetings being held in
the street in connexion with the organization. The first
meeting witness attended in this say was at St. Mark's
Church, in Brunewichstreet. Curley and others were
there. They were in wait for a person, and the were
arms distributed among those then present. There were
subsequent meetings of a similar character, at which
Curley was also present. At another meeting, on Pembroke
Quay, on the 28th of March, witness recollected seeing
Curley present and speaking to him, Curley asked him
what he was doing, and it was then said, "he was gone,"
referring to Mr. Forster, for whom they were again lying
in wait. He recollected Mullett being arrested on the
4th of March, and his arrest consequently necessitated a
change in the four. Brady was elected one of the four,
and Curley took the position of chairman. Curley occupied
this position till after the 6th of May. On the 3rd of
May they—the four—got orders from "No. 1" to go for
Mr. Burke. Appointments were accordingly arranged to
carry on the directions of "No. 1." On the 6th of May
one of these appointments was made in the park, at which
Curley, among others, was present. Joseph Smith was
there, as was also "No. 1., On that occasion another
appointment rims made for the same evening, "to meet
Mr. Burke going home" In pursuance of this arrange-
ment Curley and others congregated together, but Mr.
Burke did not come. Another appointment was made for
the following morning; Curley was then present. When
driving up to keep the appointment he saw three gentle-
men, one of whom he believed to be Mr. Burke. He knew
Wrenn's house in Dame-street, and had met Curley there
on the morning of the Bth May at about eleven o'clock.
He parted with Curley then for a time, and met him sub-
sequently. There were other "Invincible'" at Wrenn's
that day, and at about four o'clock there were a number
congregated there, while Kavanagh's car was ready at the
door. Witness afterwards got into Fitzharris's cab, which
waited and drove to the park with Smith and Fitzharris,
who had joined him. While he was looking at the game
of polo as already described, Curley advanced towards
witness and asked him what he was doing there. Curley,
after telling witness to go and see if he was coming—
referring to Mr. Burke—said he would go and send down
the car. While seated on the car with Smith, Mr. Glynn,
a builder, whom he knew, stopped and spoke to W.m.
When they had driven np to the scene of the outrage—
the two gentlemen were far behind at this time—Curley and
Brady advanced to him and asked if they were coming,
and Smith replied—" Yes; it is the man with the grey
suit." A conversation then ensued, and Smith left,
followed by witness. Witness left behind him Curley,
Fagan, Joe Hanlon, Joe Brady, Tim Kelly, Tom Caffrey,
and Patrick Delaney. The witness then described what he saw
of the assassination which followed. In the course of
that evening he saw Curley and Brady, the former about
was
nine o'clock at the corner of Holies-street. Fitzharris, the
wholecabdriver,
occtirreance withhat
hhaimd.takCauhrlpeylaceth He saidendescribehde
had
returned from the scene with the tail man Smith, Fagan,
and O'Hanlon, In Fitzharria's cab. Witness next met
Curley in company with the two others forming the
four. "No. 1" was then present. The meeting took
place on the Sunday evening following, in M'Caffrey's
house, in Peter-street. Brady then gave an account of
the whole proceedings before Curley and the others. The
dismission already referred to as to the disposal of the
weapons took place at a subsequent meeting. There were
only two knives used. Brady, when speaking of the assegai's-
Om to "No. 1," stated that Lord Frederick Cavendish and
Mr. Burke were talking about the attacks on Mr. Forster
just before they were attacked.
Crass-examined by Dr. Webb, witness again replied that
during the time that he was a member of this society he
was also a member of a religions sodality. He did not think
when joining the secret society that he was going in for such
a thing as murder. Ile thought it was
"playing at soldiers."
Witness confessed he had suggested daggers. A meeting
had been held at his house for arranging for these murders,
but not on a Suaday.
Questioned by counsel as to whether there were not
twenty-two attempts made on the life of Mr. Forster, Carey
replied that there were only twenty. He admitted that he
was a party to these twenty attempts. They were for the
purpose of assassinating him. He called that merely play-
ing at soldiers. At least it turned out so. It was the in-
tention of the society to assassinate Mr. Forster then.
He would not call it murder at all to remove him.
After this affair happened he gave up the society.
lie never hurt the hair of a man's head in his
life. (Derisive laughter.) Ile was a Fenian, and had
been at the rising in Tallagh. He took part on that occasion.
His brother was with him. This took place on Shrove Tues-
day night. He had introduced four into the "Inviucibles."
The names of the four who formed the directorate at first
were submitted to the committee in London. His name, of
course, was submitted with the other three. Witness had
made some arrangements about taking a house on Cork-bill
for the purpose of shooting Earl Cowper. He knew this would
be playing at soldiers. At the time the new organization was
tornied witness had resigned his °minion with the Fob=