The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-11-24 00:00:00

THE SECOND TRIAT., OF JOSEPH
POOLE:

In Dublin, on Monday, the second trial of Joseph
Poole for the murder of John Kenny commenced in
the Court•house Green-street. The Crown was repre-
sented by the Attorney General, the Solicitor-Gener4l,
The Mac Dermot, Q.C., and Mr. Peter O'Brien, Q.O.
The prisoner was defended by Dr. Webb, Q. 0., and
Mr. 0. H. Teeling.

Before the jury panel was called over, Dr. Webb
raised an objection to the trial proceeding on the
ground that in the Crimes Act, which governed the
prosecution, it was provided that tha prisoner should
have ten days' notice, but in this nose, which he con-
tended was quite distinct from the first trial, no notice
had been received.
The Attorney-General replied that the point, if
there was anything in it, might been raised in four
capital cases tried in the country, but it had not been
raised. He contended, however, that it was unten-
able, because the firet trial was abortive, and that in
law the trial could not be regarded as a trial at all.
Therefore, the notice which the prisoner had received
held good.

Mr-. Justice Murphy said he had no doubt whatever
that the notice was not exhausted until there was a
verdict one way or the other, the notice was merely
for the purpose of giving information to the prisoner
that he would be tried by a special jury. The notice
was, he held, a regular one.
Dr. Webb said this was a question of jurisdiction
and of tribunals, and asked his Lordship to reserve the
point.
His Lordship said he would do so if he thought there
was any possibility of doubt in the case, but as he did
not he must refuse the application.
Dr. Webb then asked that the matter should be
entered on the records of the Court, in order that he
might be at liberty to move for an arrest of judgment
and a writ of error, and then carry the point to the
highest tribunal.
His Lordship said there could be no objection to
that, and made an order amrdingly,

The jury panel was then called over, and of the 200
jurors on the panel 107 answered to their names. A
respectable jury of mixed creeds was sworn to try the
case. The Bobettor-General made the statement for
the proscmtion. The evidence was substantially the
same as on the first trial.

Mrs. Kenny, widow of the deceased, repeated her
evidence. Her husband, she said, was 33 years of age
at the time of his death. She was in bed when her
husband and Poole came in, and did not get up at all.
They had both taken some drink, deceased particu-
larly, "but nothing to signify." In reply to Mr.
Teeiing, she stated that her husband was about a head
taller than Poole, She objected to her husband going
te Byrne's house, hut that was not through jealousy
of either of Byrne's throe daughters. She never heard
that an intimacy existed between Kenny and one of
Byrne's daughter's, and that that was the reason why
Byrne fired at hies a year before the murder. Her
husband on one occasion remained all night in Byrne's
house.
Mrs. Fitzgerald and Mrs. Kelly proved that Kenny
and a man named Poole, whom they said they could
not identify, came to the house on the night in ques-
tion, and left together. Mrs. Kelly admitted to counsel
for the Crown that between twelve and one o'clock
on the morning of the 10 h inst. three men came to
her house, knocked and demanded admittAnce. On
being admitted they said to her, "If you or your
husband give eviderce against Joe Poole we will do
away with you." One of the men was about forty
years of age, 51t. gin. in height, and had on a soft
Jerry hat and light clothes. The other two men were
aged about thirty years, and were dressed in the same
way.
John Kelly, the andlord of the house, gave similar
evidence. Other witnesses were examiner+, who proved
that they heard an altercation and blows followed by
shots, and that they saw the prisoner running away.
The further hearing of the case was adjourned.

On Tuesday the trial of Poole was resumed, when
the principal w‘tness examined was Lanais, who re-
peated his former evidence. He stated that when
Poole and he were croueng the city for the third time
during the early morning after the murder he took a
towel with him as if he was going to bathe. He di
so because when shortly before they were crossing
from Poole's lodgings to his they met a policeman,
who askeA them if they had heard of the man that
had been murdered, and was in Jervis•street Hospital.
They replied, of course, that they had not, and asked
If it was possible that another man was shot. On
examination, the witness said he did not know where
his wife was, and even if he did he would not tell in a
public court.
Mr. Justice Murphy said the witness might be per-
fectly right in refusing to tell that.
Witness, in further cross examination, said he was
at a meeting in Glasnevin Cemetery, when it was
resolved to assassinate Mr. Mallon, detective superin•
tendent.

After the close of the case for the Crown, Dr. Webb
addressed the jury for the defence.
Toe Attorney-General then replied upon the whole
case, urging that the evidence was totally inconsistent
with the innocence of the prisoner, who undoubtedly
was present at the murder.
Mr. Justice Murphy, in charging the jury, said they ,
should recollect they were not trying the prisoner for
Fenianism but for reurder, and should not convict
unless they were satisfied thoroughly of his guilt. A
dietingnished advocate had once said to a jury,
"Acquit if you can, convict if you must," andeois
lordship adopted that saying. They should arrive at
a conclusion uninfluenced by any idle panic or alarm,
and, on the other hand, by any apprehension or
timtdity.
The jury retired at twenty minutes to six o'clock,
and in forty minutes returned to court with a ver-
dict of Guilty. On hearing the result the prisoner
turned deadly pale, but otherwise showed no signs of
emotion.
The Clerk of the Court asked Poole in the usual
way what be had to say why sentence of death should
not be passed upon him. The prisoner remained a
moment silent, and then drawing himself to his fall
h ight proceeded in a loud, steady voice, as follows:
"Well, gentlemen of the jury, you have found me
guilty of the murder of John Kenny, but I say in the
presence of this crowded court, and in the presence of
the countrymen I love so well, that the charge is false.
The man who says I am guilty of the murder of
John Kenny is a liar. It is true I was a member of
the Irish Republican Brotherhood, and as one I go
to the scaffold, Our objects were not murder; our
object was Ito free Ireland from the cursed rule of
England. The Crown have brought forward my
brother-in.lave, Lamie, the man who tried to have me
murdered, and who tried to murder others, They
have also brought forward a man who my able counsel
has depicted in language I can't make use of. There
are many points my counsel have not brought for. I
ward. Of course they may have had their own reasons '
for doing so. I wish, however, to bring forward these '
points, particularly some regarding Superintendent
Mallon asking a knowing person to swear false in this
case. When the Crown were guilty of asking one per-
son to swear false, surely they would be guilty of asking
another. Now, Eliza Kearns was brought e:.own to the
detective office by Mr. Eastwood and Mr. Stratford, and
Mr. Mallon asked her was she in Seville-place on the
sight the assassination was committed, and had she
seen the deed done. The young girl denied it, and
then he asked her would she admit it if Franck
Grandy, her sweetheart, was released frem prison, or
if he sent her a message out of gaol. She said if she
did so. wonld he place Grundy in a position to marry
her. It the Crown would be guilty of this, surely they
would not be back ward in asking Mr. Geoghegan. I
did not deny when arrested being along with Ktieny
that night, and acknowledged leaving with Kenny.
Therefore, when I acknowledged that I could not be
setting Lamie to get parties to swear I was elsewhere
on that nie:ht. lam not accountable if the man was
struck down by my side, which is false. lam not
accountable for his death. Ido not deny being a
member of the Fenians. I was a Fenian since I
was eighteen years of age, but never belonged to the
Vigilance or any club belonging to the organisation.
My object was simply to wait until my fellow.
country men would he prepared to strike a blow for
independence, and I intended to take part with them.
My object was not murder. It is false that I had
anything to do with the murder of Kenny, or knew any.
thing about it previeue to him being murdered. If I
had known anything about it I would not have gone
with him that night to his house. I would have arranged
that Kenny could be deprived of his life on his way
home. It is a mere nonsensical idea to say that I had
anything to do with it. I now declare tny innocence,
and state iny firm belief that it is owing ti my befue as:
enemy, humble as I am' of tbe Government under
which I have the .misfortune to live that I have been
persecuted in the manner I have been. Still, I am not
afraid to die, nor am I ashamed of what has brought
me to the scaffold. It is not murder • it is being a
member of the Irish Republican Brotherhood which
has brought me to the scaffold, and I am prepared to
die for it, My fellow-countrymen' of whom I see so
many here, I bless for placing such implicit confidence
in me, believing I could be true in the midst of temp.
tations by which I was surrounded. Farewell, my
countrymen. Farewell all. Three cheers for the
Irish Republic, and to -- with English tyranny I"
At this stage the prisoner's father, who was listening
to him in the gallery, broke down and sobbed out
"Joe," in a very affecting manner, and he continued
sobbing and exclaiming "Joe, my Joe," till he was
taken out of Court. Toe prisoner meanwhile kept ex-
claiming "Keep up, father, keep up."
Mr, Justice Murphy, addressing the condemned
man, said :—Joseph Poole, after a careful and patient
investigation, and after as able, energetic, and zealous
a defence as I ever heard made in a Court of Justice,
vele have been found guilty of the crime of murder, for
having teken the life ut John Kent's,. Tee jury were
compered by rho evidenea to curiae to that verdict. It
left them no alternative.

ui Loidship then formally en te ced the prisoner
to he hanged in Richmond City Gaol on the 18th
December.
The prisoner: Allow me to thank my counPel, who
so ably defended me. lam also thankful to the
mhers of the Irish Republican Brotherhood that Po
kindly subscribed to my defence. Good bye, gentle-
men.
The prisoner was then removed.

The London School Board now possesses seventy
ut aJras of open epos, used chiefly Sol playgrounds