The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1884-06-28 00:00:00

THE BARBAYILLA CONSPIRACY.

The second trial of the second batch of six men for
the Barbavilla conspiracy to murder concluded on
Saturday evening. The trial lasted four days, and
resulted in the conviction of the accused—John Fagan,
Patrick Fagan, John Boyhan, James Gaffney, John
McGrath, and William McCormick.

Mr. Justice Lawson, in charging the jury, said it
would be for the jury to ask-themselves whether they
could accept the theory put forward on behalf of the
prisoners that the murder on the 2nd of April was
the result of individual vengeance, or whether, as he
was of opinion, from all the circumstances, it was the
result of a conspiracy. It would be for them to form
their own opinion, but it seemed to him that he must
start in the consideration of this case on the theory
that this was a conspiracy to which a great number
of persons were privy, and that in addition the people
round about sympathised with the object of it, and that
the assassins had no apprehension from them. The
M'Keowns were the principal witnesses, and there was in
this case no question of law involved as to the admis-
sibility of their evidence. Passing to the question of
the meeting on the 24th of March, his lordship said
it would be for the jury to consider whether if the
story of the M'Keowns was a concoction they would
have brought into it so many as a score of persons.
Re found nothing against the character of the elder
M'Keown, except the transaction which they vs ere
now engaged in investigating. Young, McKeown was
open to graver impeachment. Raving made an
improvident marriage, and finding that he had no
means of living, he made a deliberate false oath in
swearing, in order to get into the army and get a
living, that he was not an apprentice and that he was
not married. As to the other charges against young
M'Keown, that of taking some oranges and that of
taking a blackthorn from a hedge, he thought too
much had been made of them.

After an absence of two hours the jury returned,
into court with a verdict of "Guilty," and recommen-
dation to mercy, especially for John M‘Grath. Boy-
lan's wife, who was in the gallery, became much
excited when she heard the verdict, and with bitter
tears cried out " Oh John, oh John! "
_ _ _ _

Mr. Justice Lawson in passing sentence said he
entirely concurred in the verdict, and at the same time
appreciated the recommendation of the jury and would
act upon it. The highest penalty which attached to
this offence was ten years' penal servitude. That had
been already awarded to certain persons who had been
found guilty of the same conspiracy who were more
guilty than the prisoners. They all appeared on the
scene of the murder, and, therefore, he should not,
he thought, be justified in imposing as high a punish-
ment on the prisoners as was properly inflicted on the
others. At the same time it was a most serious
offence and resulted in the death of an innocent
woman. He should, therefore, pass upon all, except
John M'Grath, a sentence of seven years' penal
servitude, and on John M`Grath a sentence of only
eighteen months' imprisonment.
Dr. Webb, Q.C., claimed that the prisoners had
already been in gaol twelve months, and asked could
not that period be allowed in their sentence.
Mr. Justice Lawson replied that there was a diffi-
culty in point of law. A sentence of penal servitude
could only date from the time of conviction, but he
was sure that would be taken into consideration.
Dr. Webb asked that in the case of M‘Grath his
Lordship would take into consideration the fact that
he hadbeen already twelve months in gaol and date
his sentence from hi s committal.
Arr. Justice Lawson claimed that would be given
him no imprisonment at all; however, he would make
the sentence twelve months in his case.

The prisoner Boylan protested his innocence, and
said he had never offended a manin his life. .
Serjeant O'Brien (tc) the gaoler) : GOVernOf, yeni
un.derstanj, ybur duty; remote the prisoners. Tha
E.E),:golli then saluted their friends in the gallery
and bade them good-bye. M'Cormack said, "We
will come out as innocent as we went in; we have
been found guilty by a packed jury." The prisoners
were then removed.