The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-04-28 00:00:00

THE
PH(ENIX PARK MURDERS.

TRIAL OF TIMOTHY KELLY.

On Monday morning TIMOIRY KELLY was again
put upon his trial, before Mr. Justice O'Brien, for the
wilful murder of Mr. Thomas Burke in the Phcenix
Park on the 6th of May last. (The prisoner was put
on his trial .on Thursday in last week, and the case
was concluded on Friday, when the jury were die-
'barged in consequence of their not being able to
agree upon a verdict.)
Mr. Justice O'Brien took his seat on the bench at
eleven o'clock, but a delay of a quarter of an hour was
necessitated by the small attendance of jurors. At a
quarter-past eleven, however, the direction was given
to call the jury panel, and the prisoner, who had been
brought down from Kilmainham under a strong escort,
was put forward.
Just at this moment the Attorney-General rose and
addressed his lordship, stating that he wished publicly
to correct a wrong impression which had got abroad to
the effect that the heavy fines which it was previously
stated would be inflicted for non-attendance on
absent jurors would not after all be exacted. This
was entirely erroneous. He wished to state now
publicly that the Crown had the fullest inten-
tion of making every fine payable in accord-
suice with their just right, as the continued absence
of a large number of jurors was throwing the burden
of an arduous duty on the regular attendants. The
learned Judge quite concurred with this announce-
ment, and expressed his satisfaction at its being made
at this opportune moment. Meanwhile the prisoner
had quietly entered the dock and taken his stand in
front, leaning on the bar. He appeared refreshed
by the rest allowed to him since Friday night.
The calling of the jury panel was immediately pro-
ceeded with, and it was found that 126 gentlemen
were in attendance out of the 200 forming the special
panel. A jury was then sworn, after the Crown had
ordered forty of these gentlemen to stand aside, and
the prisoner's counsel had exhausted their full privi-
lege of twenty challenges. At twenty minutes past
twelve the twelve gentlemen had been em-
panelled, and a short delay then took place to
allow of these gentlemen making any pressing business
arrangements before entering on the investigation of
the case. The large body of jurors left the Court, and
It was found that very few of the general public were
present. In fact, everything around at this time pre-
sented a very deserted appearance when compared
with the previous days of the trials. Even the Press
benches, which at tines had proved nearly inadequate
to accommodate all those attending, were now only
dotted here and there with reporters.

-
At twenty•five minutes to one o'clock Mr. Murphy,
Q.C., rose to open the case for the Crown. In a speech
full of vigour and power, the learned counsel placed the
facts of the case before the jury. During the delivery
of his speech Belly placed himself sideways in the
dock, and fixed his eyes upon the jury. He remained
in this position till the end of the address. At the
conclusion of the learned counsel's address at two
o'clock, a short adjournment for luncheon took place.
On the Court resuming, JAmirs CAM, the chief
approver, was called upon the table to give evidence.
He entered the court quietly, and, ascending the
table, quickly got through the taking of the oath, and
seated himself in the seat now familiar to him. He
was examined by the Attorney• General, and repeated
the evidence given by him on former occasions.
He was °roes-examined at some length by Mr.
Sullivan.

ROBERT FARRELL was next examined. His cross-
examination was also of some length.
-
_

MICHAZLAxesia, the carman, was then called,
and, on examination by Mr. Murphy, he related all
the facts connected with his acquaintance with the
prisoner and others, and went minutely into the
details of the 6th of May.

Kavanagh was cross-examined by Mr. M'lnerney,
and after other evidence had been given, the Court
adjourned till next day.

On Tuesday morning the trial was resumed. There
was a good attendance of the general public at the
sitting of the Court, and much interest was mani-
fested,

Precisely at ten o'clock the prisoner was put for.
ward. He immediately took his seat, quietly facing
the witness chair, and listened with great care to the
evidence which was gone into.
At the conclusion of the evidence for the Crown,
Mr. Sullivan rose to Open the case for the defenoe,
and earnestly and vigorously dealt with the evidence
upon which the jury were asked to find a verdict. As
the cue was now presented to them, counsel held, they
could not but return a verdict of "Not guilty." Speak-
ing in eloquent, pleading terms of the youth and
awful position of the prisoner, he concluded with a
prayer that Divine guidance might prompt them to a
true and just decision.
The evid.r c in support of the defence was then
gone into. Ti.ere were in all 15 witnesses called to
prove an alibi.
Mr. M.'lnerney then addressed the jury on behalf of
the prisoner. Kelly, who up to this had remained
seated with his back to the jury, now shifted his posi-
tion, and, standing with crossed arms, occupied a
position sideways in the dock with his full face ex-
posed to the jury, on whom his eyes rested with an
anxious gaze as his counsel sought to influence them.
Mr. M'lnerney concluded his address about half-
past four o'clock, when the Attorney-General imme-
diately rose to reply on behalf of the Crown. Kelly
now directed his gaze towards the learned counsel
for the Crown, whose words and gestures he minutely
followed. As the afternoon passed the attendance
of the general public became very much larger.
At this time there was scarcely a vacant seat in
court. Every one apparently was of the opinion that
the case would come to a close that evening, but when
the Attorney-General concluded his speech it was five
minutes to 6 o'clock, and the learned Judge, having
consulted the jury in the matter, decided not to charge
them till next morning.
The Court was accordingly adjourned.

Brady and Curley have been attended since their
conviction by the Reverend Canon Kennedy, and are
resigned to their doom. They question the correct-
ness of the conviction, because in some minor points
which they think had weight with the jury the wit-
nesses fell int 3 error, The matters, however, are of no
material valne.

The wife of Daniel Carley had an interview with
her husband on Sunday. She is a woman of about
twenty-five years of age, and the daughter of re•
spectable parents in Dublin. It is more than six
years since she was married to Curley. She has three
children, besides one which' was born after the arrest
of her husband, and which has since died. Mrs.
Curley states that she found her husband quiet and
resigned to his fate. Curley's parents are at present
living near Longhrea, county Galway, but they are
going to leave the country. His father is a carpenter
by trade, and at an early age his son now awaiting
execution was apprenticed to the same business, before
which he received a good education, for a boy of his
class, at the National School of the district. After
having served his apprenticeship Curley was employed
for some time in Ballinasloe. Subsequently, he
migrated to Dublin, where, by his Indastrions habits,
he secured a very comfortable home for himself and
family. Mrs. Curley's interview with her husband
was in the apartment in which the suspects formerly
were seen by their visitors. There was a double
barrier, and a warder was stationed between the con•
demned man and his wife.