The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-12-15 00:00:00

TRIAL FOR CONSPIRACY TO MURDER,

In Dublin, on Monday, in the Commission Court,
Green-street, four men, named Robert Elliott, Arthur
Sveori's, Michael Magretb, and Michael Lestrange,
were put on their trial for conspiracy to murder Mr.
William Barlow Smythe, of Barbaville, county West-
meath. Elliott appeared to be an artisan, and the
other prisoners farm labourers.
The MacDermott, Q C., who conducted the prose-
cution, stated that Mr. Smythe Was a good landlord,
who, during a life of half a century, had only occasion
to evict one tenant, to whom he had previously shown
great kindness. He was obliged, however, to evict
this man, and thereby he incurred the deadly ani-
mosity of the people of the district. On the 2nd of
April, 1882, Mr. Smythe and his si,ter.in-law, who had
only arrived on a visit on the previous day, were re.
turning from church and were near Barbaville House,
when four or five shots were fired into the brougham
in which they were driving, and the head of the un-
fortunate lady WAS literally blown away. He would
be able to prove that the prisoners at the bar were en.
gaged in a conspiracy to do this deed, and that bodies
of men were in waiting for Mr. Smythe on all the roads
leading from the church to his hown, In Dublin at
the time there lived a man named Michael Fagan, who
was afterwards executed in connexion with the Phcenix
Park murders. He was the em of a widow who lived
on the borders of the Barbaville Estate. This widow
had two other sirs, John and Joseph, the former of
whom was charged with complicity in the crime now
to be investigated. Michael Fagan was a member of
the Invincibles, and in the month of November, 1881,
he went with his brother to establish a branch of the
Dublin murder conspiracy in the locality in which
the crime was committed. After making some pro-
gress he returned to Dublin, but on the Friday before
the Sunday when the assassination was committed he
went down again with Daniel Curley, who was after-
wards hanged, and Edward M'Caffrey, who was sen-
tenced to penal servitude. The men assembled in
the Widow Fagan'a house for the purpose ap-
parently of taking part in a dance, but they after-
wards went into a barn, where Michael Fagan
made a speech, stating that their duty was to remove
tyrants. Arthur Swords and John Fagan sup-
plied a list of tyraLts. In the list appeared Mr.
William Barlow zirnythe, Lerd Longfurd, Charles
Wild O'Connor, and another Mr, Smythe. All the
men present, with the exception of three or four, were
sworn to remove these persons, and Arthur Swords,
Robert Elliott, and Michael M'Grath were deputed
to murder Mr. Barlow Smythe, whose name was first
on the list. Approvers would be examined to prove
these facts, and also that Elliott went out on the
morning of the murder with a gun under his coat, and
was joined by Arthur Swords, John Fagan, William
Boyleam, and another man named Hanlon. Subse-
quently a shot was heard, and arterwards Elliott said
to one of the men who would be examined that he had
fired at a black crow. On being told that the police
had said that it was a lady who had been shot, Elliott
replied that he thought it was the master. Next day
he was seen breaking up a gun and hiding and burning
laces of it.

Patrick M'Keown, a young man of respectable
appearance, was examined, and deposed that he
resided near Barbaville, and was an assistant to a
blacksmith. Oa the 25th of March, 1882, he attended
a meeting at the Widow Pagan's house, and there were
there a number of men, including the prisoners, Michael
Fagan, and two other men from Dublin, one whose
name was given as Edward Mack and another whose
name was Carley. Tney all went outside after some
time, and a ring was formed. Michael Fagan addressed
them, christened the association the Assassination
Society, and said its objects were to remove ail tyrants
and had landlords. The book was then sent round
by E. Mack, and all present kissed it with the
exception of four, namely—Ceserave, Mulvaney, wit-
ness, and his father, who would not allow witness to
take the oath. John Fagan produced a list of those
who were to be done away with, and read their names
out. On the morning of the 2nd of April, the Sunday
of the murder, witnees ate his breakfast at Waleh's
house. Walsh was a blacksmith, and witness bad
been serving under him as an apprentice. Before his
breakfast witness raw Elliott go out with a gun or a
long pistol concealed under his coat. Witness went
to mass that day at Collinetown, and afterwards,
about one o'clock, when on his way to his grand-
father's house, he saw Elliott crossing the fields
towards Broughan's-gate. About the same time
he saw another man, named Patrick Hanlon,
crossing the ditch of Lestrange'd field and going in
the same directien. He afterwards heard shots fired.
About half an hour after dinner he went ou; to the
back of Waleh's house. After he had been there some
time he saw Elliott approaching and they went into the
house together. When Elliott came in he observed
that he had a cut-down gun concealed under his coat.
He remarked that he was getting dry and searched
his pockets for a bottle, which he could not find, and
said he must brevet eft it in the wood where he had
en lying at the foot of a tree. Elliott stated that he
had been tiring at a black crow, and 'Viet the right crow
was now down. Witness said that he heel heard that
a lady had been shot at Barbaville, and Elliott, in
reply, said he thought that it was the master. On
the following morning, when witness went into the
forge about eight o'clock, he found Elliott engaged
in smashing up a firearm. He burnt some of the
pieces, and hid others in an old wall behind the
forge. On the 9th of January last the witness
enlietedis tale ltvyal lih Rao, t. While in
Clonmel he saw Head-constable Lynch and spoke to
him, In cross-examination he said he was told to go
to the meeting which he had described a week before
it wr e held. He had no suspicion about what it would
be concerns d with until he wsnt there. Fagan and
Meek said the members svere to obey any orders
given by the associatior, d any %it)), t; el of that
princieJle would be death. When witneee re'used to
take the oath, he said he would see them some other
time, and his father told him to stand back and go
home. Tney left as so3n as they found out what the
meeting was about, and as -they were going away
John Fagan asked them where they were going to,
and they replied that they would be back in a minute.

Dr. Boyd read an information made by the witr,eas,
in which he stated that no form of swearing was gone
through, and that Cosgrave and Mulvaney refused to
take the oath. The witnees said that he made a mis-
take on that occasion. In answer to further goes-
tions, he said he denied before the Dablin magistrate,
when enlisting, that he was married. The denial was
an untruth. He also denied that he was at the time
an apprentice. That denial was also an untruth; but
then he did not kiss the b3olr.
In further cross•examination the witness denied
having made certain statements before the magistrate,
but counsel read his information to contraitct
At the conclusion of fits examination, the Court
adj mrned.

On Tueaday the trial was resumed.
Patrick M'Keown corroborated hie eon's evidence se
given on Monday in reference to the meeting of the
24th of March.

Evidence was given as t 3 the finding of an empty
whi9ky bottle in Barbaville Wood, and pieces of a
pistol in a wall behind Walsh's forge in the place
where young M.'l(eown said he had seen Elliott hiding
them.

-
The case for the Crown having closed, Cosgrove and
Mulvaney, the two men who the informers stated had
refused to be sworn into the society, were produced
for the defence, and stated that they had never at-
tended any meeting of the kind mentioned, and bad
never been asked to join an illegal association.
Mrs. Fagan and one of her sons swore that no meet.
ing or dance had ever been held in their house.
Evidence was given to show that old M'Keown was
at another place on the night he said the meeting took
pl ace.
The case had not concluded at the rising of the court.