The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-11-17 00:00:00

TRIAL FOR MURDER IN DUBLIN.'

In Dublin, on Monday, the trial of Joseph Poole
for the murder of John Kenny, on July 4, 1882 was
commenced at the Court-house, Green-street, before
Mr. Justice Murphy. The prisoner was brought from
Kilmainham Gaol, accompanied by a strong escort of
police. When the Court sat at 11 o'clock there Wag a cones
paratively small attendance of spectators. As the case
proceeded, however, the Court-house became tilled. The
Attorney-General, The Mac Dermot, QC.., and Mr. P.
O'Brien, Q.C., conducted the prosecution with Mr. G.
Bolton, Crown solicitor, and the prieoner was defended
by Dr. Webb, QC., and Mr. M'lnerney, instructed
by Mr. Walsh, solicitor. The prisoner is a man about
30 years of age, rather below the middle height, and
slightly bald, hut with a flowing beard. He seems to
nossese more than average intelligence for a man of
his class. He is a tailor by trade.
The Attorney-General then stated the ewe on the
part of the Crown. The main facts have been re•
pe-etedly the subject of judicist iniuiry, and will be
.3aeily brought to the recollection of the r.-adcr. On
he night of the 4th of July, 1882. a man named John
Kenny, in the employment of the Port and Docks
Board, was murdered under the railway arch at Seville-
place, and on his body there were no less than 12
wounds. Eight of these were incised wounds, caused by
stabs, and four were wounds caused by pistol shots.
Counsel claimed that there was overwhelming proof
that the prisoner was responsible for the assessination,
although the Crown did not expect to be able to bring
forward any evidence to show that it was he who actu-
ally fired the shots or inflicted the stabs. They believed
they would be able to show that Kenny was lured to
the place by the prisoner. Poole was an active mem-
ber of the Fenian Brotherhood, as was also Kenny,
Poole being the centre of the circle to which the
murdered man belonged. Kenny was suspected of
betraying the secrets of the Fenian organization, and
be was judged and condemned to death. Poole was
perfectly well aware of this, and told a man named
Lamle some time before the assassination that Kenny
was to be murdered, and that he (Pcole) was to meet
Kenny. After the murder Poole proceeded to Lamie's
house and told him Kenny was gone. " Where? "
said Lamie. "He is killed," replied Poole. A man
named Geoghegan, who had been discovered in Eng-
land with considerable trouble, would prove that at
one time he lodged in the same house with Poole, and
that on the night of the murder the latter came to him
and said Kenny would tell no more tales. Poole then
removed some papers and went to the house of a person
named Grundy, who was now undergoing imprieop.-
ment. The prisoner was subsequently arrested in
Lamie's house on suspicion of being concerned in the
murder. The evidence was at that time exceedingly
defective, and intimidation was extensively resorted to
to prevent witnesses from giving evidence. Counsel
contended that It was plain now that the murder was
the result of a deliberate plot.
A map of the scene of the murder having been given
in evidence, Mrs. Sarah Kenny, the widow of the de-
Rased, was examined by the Solicitor-General, and
deposed that Kenny and Poole were in Cannon-street
on the night of the murder at about eleven &clock
and that they went out. She had seen Poole once
before. Both men seemed to have taken some drink.
When Poole stood up to go the deceased said he
would see him "out of the lane." They left the
room together. She never saw her husband alive again.
Sim remained up until two o'clock that night waitUg
for him.

In cross•examination she said that Toole and her
husband appeared to be on friendly term's. The de.
ceased was fired at about a year before by a man named
James §yrne. She had been brought from America
to be examined at the trial.

Mrs. Mary Ann Kelly, the owner of the house, said
she could not identify the prisoner. When asked if
anyone bad threatened her, she said three men came
to her place last Friday, but she could not tell why
they came, and they did not say anything about "Joe
Poole." The men asked for her husband. She men-
tioned the fact of their coming because she was
frightened by it. When pressed by the Attorney.
General, she stated that they did not speak to her at
all, but to Mrs. Kenny, and that she was herself in
bed at the time. She was called an informer in 1882,
but not in reference to Poole. Poole said to Kenny,
when the latter proposed to leave the house with him,
"I do not want you to go with me." She was called
an informer on the 18th of August, and assaulted in a
quarrel with a neighbour. The quarrel did not arise
about Poole.
Patrick Kelly proved that on the night of the
murder he was in bed ill. Kenny, who was a lodger,
came in and gave him some whisky. Subsequently
Kenny brought in another man and introduced him as
Mr. Poole. The witness shook bands with Poole,
who then went out of the room. He cluld not identify
the man, but thought he was dark, and had a black
moustache. (The prisoner has brown hair and a sandy
moustache.

Mr. Edward Ennis deposed that he was standing
about half-past twelve o'clock on the night of he
murder at the corner of Amiens-street. He heard the
voices of men in altercation near the arch of the rail•
way, and the altercation was quickly followed by four
shots. He heard the reports and saw the flashes, and
almost immediately afterwards he heard a woman's
voice dying away in the opposite direction. She was
crying out " Police ! " and " Murder !" Soon after
this a man joined him, and they both went in the
direction of the noise. A girl joined them in Seville.
place and pointed out the spot where the body was
lying. They afterwards proceeded to the police
barracks and gave information. He saw no person
liter ing in his direction. There were evidently two
or three persons engaged in the altercation. The
shots he should think proceeded from one weapon.
Mr. G. Browne, 9, Seville-place, said there were five
'hcuses between his residence and the railway arch.
On the night of the murder about half.past twelve
o'clock he was in his house reading a newspaper, when
he heard an altercation. He went to his door and
listened. He heard the sound of blows as if some
person was being beaten with a stick. He heard after
each blow a person cry out, "Oh don't, oh don't," in
a weak tone of voice. There were five or six blows.
He walked slowly down the steps and in the direction
whence the noise proceeded. After he had gone
some distance he heard four shots in succession.
mediately after the shots two men came from under the
arch where the body was afterwards found. They
ran at first by the side of the archway and then ran
towards him. On seeing them coming towards him
he turned round and went up the steps of his house
as quickly as he could and closei the door. He heard
the footsteps pause opposite his house, almost simul-
taneously with his closing the door. He then heard
the men running off in the direction, as he thought,
of Arniees.street. The men appeared to be respect-
ably dressed---not like labourers or mechanics. By
the way they were running he would judge that they
were sober.

Messrs. W. F. M'Farlane and William H. Milligan
proved to hearing shots and the cries of a woman
calling out " Murder ! " and " Police ! " Mrs.
Margaret Lawson gave similar evidence. She PAW
two men running away. They halted opposite Mr.
Browne's house. She saw a thini man opposite her
own hones). Only two men ran across the rued
towards Mr. Browne's house.
Mrs. Christina Reilly proved to being in Seville-place
on4he night of the assassination with her husband.
Hearing the shots, they want and found Kenny lying
under the arch. On seeing them he opened his month
and eyes a 4 if trying to speak, and then died. She
cried out "Murder 1" " Police !"
Dr. William Stoker described the wounds on the
body. One was on the top of the shoulder, six were
under the left arm, the skin of the chin was partially
rem:toyed, and there were some bruises on the neck.
All these were punctured wounds, and might have been
inflicted by a gouge. There were besides four bullet
wounds in the body.
William Lamie, the prisenen brother in-law, was
nont examined, and seemed much flurried and excited
when giving ifs evidence. He stated that in July,
1352, the prisoner and he were both members of the
eitephenite party of the Fenian organization. Kenny
had been a member of the same circle. Poole had
spoken to witness about Kenny, and paid that it wee
understood Kenny had given information. Poole dii
not then, but did afterwards, speak of something that
was to be done to Kenny. Before tbe murder he said
that Kenny might be shot for giving information.
He 61 not say anything about himself shooting
Kenny. The witness knew that Poole was to meet
Kenny on the night when the latter was shut. A day
or two before the murder Poole told w s that he
was to meet Kenny. The witness met Poole on the
Monday evening, and told him he might meet Kenny
in his (witness's) place. They went out together to a
raffle at the house of "widow Morans." It was not a
resort of the Feniane at that time, but it was after-
wards. They remained till closing time. The wit-
ness went away first, and Poole and Kenny went
together. That was the last time he saw Kenny
alive. He went- home and went to bed. In the
c elute of the night Poole came in and told him that
Kenny was gone. The witness said, " Where ?" and
the prisoner said he was dead. Poole said, "Come
over to Grenville-street," where he was living, and
witness went with him. He told witness on the
way that Kenny was attacked under the arch, and
that one of the men said they might as well
have chisels, and that Kenny shouted, "Oh, Joe! "
Poole said he wanted to go to Grenville-street
to remove papers which, he understood, belonged to
the orgenh.ation. The witness went inside the hall
door, and Poole took di his boots and went upstairs.
He
.did not remain long there, and when he came down
again he put on his boots, and they went back to
Castlh•etreet. They afterwards went to Grundy's in
Gardiner'slane, and had breakfast. It was daylight
then. Grundy was in the Fenian organization. A
man named Meagher was treasurer in the same circle.
They went to him, and Poole got money from him,
and Poole, Grundy, and witness spent the day drink-
ing together,. Poole was arrested the same day on
the witness a stairs. Cross-examined, witness said
that during the Maamtrama trials, while the Maam•
traena witnesses were at Ballybough, he went
in command of a body of rthen to inspect the house in
which they were with the intention of blowing it up
with dynamite. In reply to further questions in cross-
examination, the witness stated that on the day of the
murder Poole and he, tegether with Mrs. Lamie and a
girl nemed Rosanna Byrne, were drinkie g and chat-
ting together. In the evening they went to a reffle,
which was for the benefit of Thomae 111.'Garty, who
was in. the order under Dardel Curley. Reseou,
Byrne was the daughter of a Centre, who bore Poole
ill- will on account of the girl's sister. In a fit of
jealousy ha fired at Poole in the street, and had
since been hiding. The witness was an officer of the
council party in the Fenian or anization before the
formation of the Vigilance Committee. He was asked
whether the object of that committee Was not to
murder people, and he answered that it was to silence
them. When pressed to say whether it was not to
silence them by murder, he replied, " Yes." He
added that he had himself reported Poole to the Board
of Centres with a view to his being put to death. That
was before the Vigilance Committee Was formed, but
Joe Mullett told him that when it was formed Poole's
case would be the first taken up. That did not count
for much in the organizacion, for his own wife was to
be left a widow too.
Francis Geoghegan, a lodger in the house in
Grenville-street, deposed that on the morning after the

murder, at about two o'clock, he heard Poole talking to
somebody, and beard him say that Kenny would not
tell any more tales. He then beard muffled feet going
into Poole's room.

Mrs. Brady, the landlady of the house, also swore
hat she heard muffled feet going into Poole's room.
At this stage the trial was adjourned.

The trial of Poole was resumed on Tuesday, and
ended in a dieagreement of the jury. The pritoner
was more self•possesged than on the previous day, and
awaited the issue without any apparent anxiety, The
jury had been accommodated during the 'nightlat the
' Gresham " Hotel.

John Bride vias examinel by the Attorney• General,
and stated that he arrssted Poole on the 4th of July,
1882 on suspicion of having mnrdered Kenny. Lle
arrested him in L3mie's house, 9, Ca.tie..treet, and
with Poole at the time were 'Arnie apd a map 6aMed
Grundy. All three were uxldeli the itflaerice f irink
• -
at the time. , _ •

The Attorney• General then closed the case for the
Crown.
- - - -

Dr. Webb, Q.C., addressed the Jury on behalf of
the prisoner. He deeied that the case for the Crown
was of an overwhelming character, and said it was
most improbable in its nature. This case had again
stirred up the social and political agitation which had
recently convulsed the country. The prisoner was in
a peculiar position. He was avowedly a member of a
Fenian Brotherhood. The Attorney-General had stated
that the Fenian organisation had never done good to
any human being; but the Brotherhood was an
organisation which had made history, which had
aroused statesmen from their slumbers, which had
brought measures that seemed separated from them
by an immeasurable abyss within a measurable die-
tance. Poole belonged to a section of the Fenian
Brotherhood which had no sympathy with assassina-
tion. They were in favour of waging honourable war
—honourable according to their conception of the
ease. Poole joined the Council party, which adopted
means and appliances which outraged their senti-
ment!, but afterwards deserted them and rejoined
the Stephenitee, which were a more Constitutional
party. Poole incurred the animosity of Curley, the
leader of the Invincibles, by so doing, and by inducing
men to follow his example and desert the Council
party for the Stephenitee, Curley was a-bold, fear-
less, ruthless man, without mercy and without
misgivings, and who stopped at nothing. The story
of his life had been written in a paragraph of
history. The theory for the defence was that at the
raffle on the night of Kenny's murder there was a
large number of Curley's party, and they said to
each other on seeing Poole, We have him," They
followed him and Kenny to the house of the latter,
not liking to attack the two. They then stood at the
railway arch at Seville-place, knowing that Poole
would have to return by that route to his house in
Grenville-street. They never dreamed that he would
be accompanied by Kenny, The night was very dark,
and the men mistaking Kenny for Poole, murdered
him in mistake, Poole barely escaping with his life.
There could be no doubt that a conspiracy bad been
formed for the murder of Poole. There was a further
theory, and that was that another of Byrnes friends,
in revenge far the deadly wrong he had done the
daughter of their companion, waylaid Kenny and assas-
sinated him. But that was not the theory the defence
put forward. They relied on the former one. Poole
was arrested in November for the murder of Constable
Cox, and had been in gaol ever since. During all that
time a busy devil was whispering in his ear, "Save
your life and secure affluence in some foreign clime by
giving evidence for the Crown," but Poole re-
mained firm, although he heard the death-bell of
Brady, Curley, and the rest of the Invincibles. It
spoke well for the dignity of human nature that such
chivalry and heroism could be displayed. Was it poE-
Bible that a man who could do this would be guilty of
a most foul, unnatural, and infamous murder? In
conclusion Counsel submitted the evidence for the de-
fence did not bring home guilt to the accused.
The Solicitor General, in replying for the Crown,
said that on the whole a stronger case founded on
circumstantial evidence could scarcely be found. In
this city a gang of men were living—some of them
artisans, some of them labourers—all of whom were
ready at a moment's notice to commit any murder or
outrage. There were some countries in which savage
animals were roving, adding to the night's terrors;
but in no place like that was human life so insecure or
so uutafe as in this city at the hands of these men.
This was a most miserable state of things. Artizans
were entrapped into this association, and the moment
they got in the door was closed upon them, and they
were for ever the slaves, the bound slaves, of some
hidden persons. At the bidding of these persoos, they
were bound to murder any person, even their own
relatives. Should the whisper of suspicion go out
agaiost them, they would be murdered, because
secrecy was enforced under the most deadly penalties.
Mr. Justice Murphy, in charging the Jury, asked
them not to be affected by any panic or alarm, or, on
the other band, by base cowardice. The evidence in
the case revealed a hideous and alarming coadaion of
things in this city; but no matter how loathsome
it might be, no remedy for such could be found by
cowardice in any shape or form affecting the
administration of justice, and leading to verdicts
of either acquittal or guilty. With clear, firm, and
impartial minds, they must face any dangers arising
from evils of this description, and remember the
truth. Cowards died many times before death. He
quite agreed with the Solicitor-General that Kenny
was not assassinated in mistake for scnoe other person.
The men had ample time to know that Kenny was
not Poole before they finally despatched him, even
taking it for granted that they did not beforehand
ascertain they had the right man. If the jury
believed Lamie's evidence, or considered the other
circumstances in the case bore out his statement, there
could be no doubt as to the prisoner's guilt.
His Lordship was proceeding to state that the morn-
ing after the murder Poole took his breakfast at Mrs.
Brady's house, when the prisoner started up excitedly
and said, "I did not take it there. I took it at Larnie's.
You are acting the part of a prosecator, not of the
judge." His Lordship concluded by stating that the
jury were bound to give the prisoner the benefit of
any reasonable doubt they might entertain of his
guilt.
The jury retired at 32 minutes past tro o'clock.
Dr. Webb asked that they should be recalled, in
order that his lordship might explain to them that if
the prisoner was with the deceased, and an attack was
made upon them, Poole was not guilty of any crime
if he ran away.
His lordship assented to this course, and the jury
were recalled at five minutes past three, when the law
on that point was explained to them.
A Juror: The jury wish to know whether there was
any marked difference between the height and general
appearance of Kenny and Poole.
Mrs. Kenny was recalled, and stated that her hus-
band was a little taller than Poole.
The jury then again retired, but finally disagreed, and
were discharged.
Poole will be put on his trial again on Monday
next.