The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-11-05 00:00:00

, THE FENIAN ASSIZIL AT MANCHESTER.
I On monday the twenty-oil priaseersehareed with the
murder of Sergeant Brett were brought fret the New
Bailey stiol to the Arias Courts at Manchester at eight
grgigeb In gbg morning, under • strong escort of the Sth
Homers and the 72nd Highlanders, who remained in the
building until the clam of the proceedings. Artmais-
menet (or the osaintenaoce of order wee very complete.
The public were admitted to the court with the win
facility as et ordinary ageism. Precisely at ten o'el.ek
Justice. Blackburn and Mellor took their seat., and the
usual formality of swearing in the grand jury, km., VISB
gone through.
Mr. Justice Blackburn, in charging the grand jury,
6,1 d them that murder meant killing with metier. afore-
thought, hut the present act did not show that it was
intended to kill any particular person, nor was the in-
tention necemary in this instance to oonititoto the
crime of murder. When • body of persons ameniblad
together for an unlawful sot, and with the intention of
committing violence, which in the present acme was
shown by the &Gashing party using loaded firearms, and
in the mourn of that violence death molted. all those
who should be proved as aiding and priding were
equally guilty of murder with them... who actually fired
the fatal shot.
Tho preened.= wee eonducted by the Attorney-
General (Sir J. B. Karal.ke). Mr. Pickering, Q.C., Mr.
Bowler, Q.C., Mr. Hammen, and Mr. W. H. Higgin ;the
prisoner. were represented by Mr. Dishy Seymour, q.C.,
Mr. Sojeaat O'Brien. Mr. Ernest Jones, and Mr.
Cottlagham.

_ _
At Ire minutes to'twelre the grand jury returned
true bills spiost William O'Mara Allm, Michael
Larkin, Willism Gould, Thomas Maguire, and Edward
More, for murder.
The dr* prisoners were then brought op into the dock,
and each of them carried in his hand a printed copy of
the depositions.

The Clerk of the (74:mart hawing reed the indictment
charging the prisonero with the wilful manter of Berjaant
Charles Brett, the whole of them answered firmly, " Not
&ugly." _

Mr. Seymour rose and said : I appear, your lordships,
with Mr. Ernest Jones, for the prisoners Allen, Gould,
anti_ Shore.

Mr. Serjeant O'Brien : I appear, your lordships, with
Kr. Cottingdam, for Michael Larkin and Thomas
Martini.

eymoor applied for an adjouritroent of the trials
till ay, to give the prisoners' counsel an oppor-
tunity of comnaltation„ and to consider the evidenoe of
tli. 215 Pew witaccess th« prosecution were going to call.
He also applied to see the panel of juror..
The adjournment not being opposed by the Attorney
General, was emitted, and it was arranged that primmer's'
counsel should hare the name. of any additional juror.
it was intended to cull as soon as poecible, and should
see the jurors' book in the coons of the day.
There was no manifestation of feeling when the
princes.. were table bask to prism.
The prisoner. were brought over from the Wee
Bailey gaol at eight o'elock on Tuesday morning, accom-
panied by the a.me military escort as on Monday. There
was much lon excitement, and nothing of note Gemmed
during the transit.
The Judges took Oleic nate at nine o'cloek, and the
prisoners tiould, Allan, Larkin, Matiruire, and Shore
were placed in the dash, their bendonds having been
pr.rioasi, reme.ad.
The counsel, both for the prosecution and defence,
were present._ . .

Yr. Dishy Seymour made an applieation, hued upon
me affidavit, praying thi-ir lordship* to order a certiorari
to imue for tho removal of the trial of the indictment to
shs_Oentralpriminel Court in London.

Mr. Justice Blaeirbern mid thet as the mart ems
sitting under especial commission isaufti by her Majesty,
it was impossible to amide to the application.
The Clerk of the Arraigns then proceeded to call the
names of the special jury.
As he did so, Mr. Roberta, the attorsey for sow of
the prisoners, took objection to several jurors.
The Judge cautioned him that he had not the right
to interfere by raising such objections, as it was the
province of counsel to do so.
Mr. Roberts, however, persisted in biking objectioa,
whereupon
Ills lordship said: Mr. Roberts, if you persist In
Interrupting I really most have you removed from the
spurt.

—itir—Roberts : That's perfeetly uncalled for, my lord.
The Clerk of Arraigns proceeded to salt over the
names, when

_
Mr. Roberts spin shontod "I object."
Hill Lordship (in a determined tone): °Moir, take
tbat men into eastorty.
. . . . .

This ordrwereated the utmost ezeiteusert to court.
Mr Digby Seymour rore, and appeatrd to his lordrhip
on behalf of Robee., who had remedied himself with no
eaprergion of the utmost defiance.
. . .

_,..
A 1.. minutes afterwards an ofileer of the court
pressed his way through the crowd on thia fl•Of towards
Mr. Roberts, touched him no the shoulder, sad
nanuested him to move.

Mr. Roberts thereupon observed, "In that sus I
mast trart to the wart.
_ _

Mr. Digby Seymour again appealed to his lordship.
Ultimately his lordship gave permisrion for Mr.
Roberto to remain, on tbo oindition that be did not
.in interapt in an authorised intoner.
The Jury Iran then empelled, after which
Mr. Harahan' mid: The charge against the prisoners
was most serious, and the eirriniestanoes attending it
were of • most unusual character, but the facts were
simple, elver, and such as might be understood. He
then nerralied the circumstances attending lb* death of
Brett, and afterwards mid that the jory would and
berond all doubt that although it was Allen who fired
the shot at Brett. all the other prisoners were moment
and need there revolvers to keep bark the crowd, and
the important point, therefore, which they would have
to consider would be, what Aare each of the prisoner.
had I. the sraaeassdoa, irhiob Ds was sore they wow 41
do with all lairs's, and impartiality.
A number of witnesses were examined, who spoke to
each and all of the prisoner, as being prominently
engaged in the outrage.
At one o'clock the grand jury entered the court with
four true bills egainst all the remaining prisoners for
murder.

There was Mai excitement and an immense arowd
round the arise oourt. until the prisoners were removed
under • military escort.
The Court resumed the trial of the Ave men—Allan,
Gould. Larkin, Shore, and Maguire—on Wednesday
morning. The coonael. both for the Crown and defame,
were all present, and Mr. Juatiee Blackburn and Mr.
Justice Mellor took their seats punctually at nine. The,
prisoners upon being placed in the dock appeared eve.
more serious and thoughtful than on Toceday.

John Knowles, • grooer, livin, aloes to the scene of
the affray. mid be saw about 50 men round the van
when it was stopped. Allen woe toying to break open
the door with an axe, and hose. him fire through the
door. A man was on the van knocking with • stone,
and some one was getting stones for him : neitheo of
them were the prisoners. Sew Gould firing at the
hones drawing the von.—Cres:oxemined by Mr. Digby
S•yotour : On the following Thursday morning I went
to the police station. lam not aware that I saw Gould
chained to another man, one of the Martine. —Sir.
Jutice Blackburn : It is possible that whores may make
a distinction between stain, and handcuffs. Ask the
question so test it will not be misunderstood. —Mr.
Seymour: I will, my lord.—Were there not two men
handcuffed to seek °Sheet—Wither : I did not see
them. -Hr. Seymour: Did you see any chain ?—Wit-
non I sew • chain on the floor, but I thought Gould
might be playing with it.—Mr. Siyusear : You thought
he woe" eleyine" with it? Will yen look thou twelve
men in the fuse, and swear that you thought he WY
"playing" with that @bun 1— Witness : I did not see it
fastened upon him; I thought it wag feeteud to the
well. I declined to identify Redden at fint.—Are you
copsainted with • pa °Dilutor 1- Not more than his
just coming to measure the gas.—Do you recollect
shortly after identifying him, 'remit you declined to
idotify in the filet instants. harlot • willtv•rwition with
referees, to Iteddeu? No.—Now, be eareful. I am core.
1.1.—N0 sonverettlea with anyone? No.—Now, I gall
your parities, attention to • gentleman tionneoted with
ges • I cannot give you his name, or else I would; just
rush it—had you any conversation with hien with
regard to Fenian.? No.—Did yon say you should be
glad to be the mesas of haviogn Fenian hanged? No.
—Nothing like the expression? No; I should be very
Derry to o se.—Did you say anything about lunging
Tedium? I did not.—Nor express any wish on the sub-
ject? Never at •11.—Did you state that you had made
up your mated to speak to Redden ? No. laced that at
B otreet. They took me round, and that time I
went I identified him, and said I had come to the con-
clusion that be wan there. Allen had an ane-hansiner in
his hand when I first saw him. I will not swear that
he was on the steps when he was wise the hammer. I
cannot say whether he was on or off the steps when he
wee firing. I kept shifting about. Allenh book was
towards we when the shot was firod.—By Kr. Serpent
O'Brien: I cm Larkin in the field ; hie bud wee to use
then. I saw him with s stone in his hand at the book
of the van, prising the ventilator open. His heck was
to me then also. There were scarcely any men between
him and me.

William Hughes. • lad, IS years of age gave • detailed
narrative of the whole same. He saw the prisothre and
others near the railway arch for some time before the
yen clime ip. When it arrived shot. were fired by
Allen and others. Larkin eras running before the horses.
When the van wee stopped Allen got on the lop of it.
Mthuire handed stones to him, and Allen hammered
the top of the yen with • Orme. Saw a man hammering
at the ventilator in treat of the van, who then fired at
it: that man was neither of the prisooem Saw other
men on the van after Allen got down ; all hammering
with the stone. He saw Allan are at the left-hand
ventilator in the front of the van, and immediately after
a man limped away out of the crowd. He dit not see
Allen taken. Creas-examined by Mr. Seymour:
never swore that I did see Allen taken. Mr. Seymour
read from the printed evidence of the with..., in which
he deposed that he saw Allen taken. (Witness seemed
reeollecting, but not speaking. (—Mr. Justice Blasklcurn :
He asp be did note.. him setually arrested, bet be did
sea him in custody.—Mr. Seymour: Surely, with great
respect, that is frittering away the eridenoe.-111D.
Justice Blackburn: You may emus to the (try upon
that point.— Mr. Seymour: What is my argument
worth if your lordship by anticipatioe neutralism, It?—
Mr. Seymour (to the witness): Did you swear that you
followed with others, and saw Allen taken I—Witnees :
I did soli.—llir. Seymour: I should like to have that
=read.—Nr. Justice Blackburn: You can read it
si printed eopy, no doubt it is perfectly arrest.
—Mr. Seymour : Were your deposition. reed over to
you t—Witares : No. (Oa reflecting, the wham
remembered that the depositlions were read over
before he signed them, but be seemed to be under
the Impreasims that they were read over to the
'curt generally, and not to bienseU specially.)—By Mr.
fierjeant O'Brien : I saw Larkin several times in the
morning. I had not known either Larkin or Marralre
before. I saw Maguire bending up a stone to Allen.
Serjeant O'Brien : I shall reed a portion of your doped.
ti.. "Thorns. Maguire headed stones up, but Ido not
know whether for Allen or not."—Witoess : Did I ay
that both...l—You are supposed to have said it before.
Mr. Judie. Blackburn: Bead the whole of the som-
Max, that the jury may understand what is writhes
down far him. He "The poliesmen got a she
vas, sad Allen got on the top of it with a stone and
hammered away with the stoma Thome. K
handed stones up, bet I do not know whether for AU.. sa
or the. Other semi got as afterward.." Time in to
doubt be now says it was " • shine that was handed
up, arid that it we. for A 11... —Sir.&leant O'Brien:
fie eiserseled wham' I saki "dome," sad 'mkt "a