The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-04-25 00:00:00

THE FENIAN TRIA .S.

(By one of our London Correspondents.)

nation

The Old Court Room at the Central Criminal Court In the
Old Bailey, In London, is neither a commodious nor an im-
posing place. In this same room all the great criminals of
the last hundred years have been tried from this apart-
ment the men who have made a mark In the black
criminal world have proceeded to spend their brief time on
earth, end anybody who possesses a volnine of the Nesvgato
Calendar," can at will people it with the most daring heroes
of that most marvellous production. lb is my business,
however, net to deal with the mum, relel.preo of times gone
by, but with a crime, which when it was perpetrated, struck
• thrill of horror through the broad breast of the country,
and the ultimate punishment of which is intently watched
by the population not only of the British Empire but also by
foreign nations. . .

At an early hour upon Monday morning. I turned my face
Old Balleywarda, towards the sharp-pointed tower of SI.
Sepulchre's, where the grim walls of Newgate frown upon
the pater-by, and where for the past few weeks armed po-
licemen have by their presence hinted that criminals charged
with a notorious crime, and members of a desperate band,
lay confined, awaiting the verdict which would either restore !
them to liberty, or condemn them to the gallows-tree. I was
determined to be early, for procrastination in such a case is
fatal; and however willing officialdom may be, no mere than
a certain number can be crammed into a given space. There
was no great crowd in the Old Bailey. A few people had
gathered on the opposite side of the way to stare at the car- .
lieges of the alumina, under-sheriffs, and aldermen, and at
the favoured folks with blue tickets, who were allowed to
pass the guarded entrance. 'the bearers of these tickets
were, for the moat part, jurymen, who, to the number of
30), had been summoned to prevent any catastrophe oc-
curring should the panel be challenged; and of the general
public • very favoured few reached the courtroom. A strong
force of police patrolled up and down the gaol side of the
narrow street, keeping passers-by on the move, and prevent-
ing bystanders from congregating In knots In fact, every-
body was presumed to have Fenian tendencies, to be worth
, the watching, and, consequently, for the time being was under
surveillance. The usual entrance was devoted to jurymen,
and such of the general public as were fortunate enough to
, have endorsed tickets- lint, notwithstanding the strong
force of police who guarded the hall, a sturdy barricade had
been erected at the foot of the stairs, and every man present.
log himself, whose ticket was not strictly en rcgli, was than
severely cross-examined. At another, and more private
entrance, dedicated to ladles, reporters, and personal friends
of the oftleals, the same strong show of blue coats was
visible, and the inside court was thronged with men in the
uniform of the Metropolitan Folic* Force. No soolser was
the stair ascended which leads to the court than it became
noticeable to the most unobservant eye that a case of more
than ordinary interest was about to be tried. At every step
one stumbled against a city official, gorgeous in his robes of
office, against a barrister be-wigged and be-gowned, or against
a lawyer's clerk, lugging along a blue bag full of briefs and
' erudition. Inside the court, which was already almost
filled, although It wanted au hour to the arrival of the judges,
! there was a bun of excitement and expectation. It had not
! been stated whether the murder or the treasomfelony cases
! would be tried first, and every man had his own suspicions,
, and was communicating them to his neighbour. Some said
Burke, (tsey, and Shaw mutt, its a matter of course, be tried
firat; while others maintained that the Clerkenwell prisoners
had the precedence, as the crime with which they were
charged had been committed in London. Sa the time passed
away In conjecturing, gossiping, and disputing, until ten
o'clock came.
_ . . . . .

But ten o'clock was not destined to see the commencement
of the proceedings, and the disappointed public had to spend
the weary minutes in staring round the court. This same
Old Bailey Court Is not at all a remarkable place. Ills a
stuffy little room, lighted from one aide, and not any bigger
than many an ordinary dining-room. Below the windows is
• double benched her marked "Jury," and in the front of
this some box Is a single row of books, nl.ieh may be either
the Criminal Laws of the Realm or the Nowgiste Calendar.
Leon the floor is a big table reserved for lawyers' Mrke for
blue bags, for briefs and all that sort of gear. The three or
four benches adjacent to this table had in tie present In-
stance been given up to barristers, and the gentlemen of the
wig and gown not only filled them but penetrated into all
sorts of odd corners, and even Into the reporters box, ren-
dering writing difficult and friendly conversation next to
Impossible. Such a show of white wigs I have not seen tor
many a day. Some had of course come to hear, but from
the multiplicity of prisoners the major part were
in some way either engaged for the prosecution or
the defence, and looked as if a load of business were
upon their shoulders.
The Attorney. General, tho Solicltor-General Mr. Giffard,
Mr. Poland, and Mr. Archibald ooneincted the proeecutlon.
Mr. Warner Sleigh appeared for William Desmond, Mr.
Straight for Timothy Desmond, Mr. Baker Greene for
Barrett, Mr. Keogh for English, and Mr. Montagu Williams
for O'Keefe and Ann Justice. It will be seen that the bulk
of the talent lies on the side of the prosecution. Of eourse
the result will ,lily be that the duties of the Lord
Chief Justice will be made immensely more onerous;
but no 'Miscarriage of justice can possibly take place.
Immediately above the lawyers, and opposite the
jury-box were the reporters a most respectable glass
of men, I do assure you--and behind them were the
general public. lu an out-ofthe-way corner a few ladies
were congregated, whispering and waving their fans, and
looking with the most intense curiosity upon the whole
affair. To the left of the court (viewing it from the reporters'
box) ill the dock—and that side of the place is almost all dock.
A.ommodation is provided for • full score of prisoners, who
are considerably elevated in position, and who are enclosed
in a sort of glass cage, open at the front. Above the dock is
a gallery, which was in this instance crowded with the •
summoned jurymen, who peered over the front in fear and
trembling, lest they should be taken from their wives and
families for four or five days. Opposite to them again was tile
judicial bench, marked by Its crimson coverings, by its row
; of desks, by its canopied centre, and by the sword of Justice
suspended beneath. Ily the way, this sword of Justice is
fastened to the wall at the point, and at the hile as If It could
not be drawn—a fallacy which many a criminal has perceived
! when standing in the dock opposite. From the ceiling every-
where depended oil lamps, hung from chairs, and oil lamps
• on etandards below betokened that the Old Bailey scorned
! modern discoveries and moderb methods of Illumination.
Nor must I forget to state that • chain-suspended reflector
swung above the jury-ben to illumine the 01011191.1 twelve
jurymen, who, It may be Mimed, always shine best by a re-
flected light.
Half-pasb ten came, and soddenly there was a general
cessation of talk- The crier celled for enema and •
obeisance. The judges were coming, and the audience
rose uncovered to receive them. A long and showy proem-
lien entered from aside door. First the civic dignitaries,
gorgeously attired, and last the administrators of the law.
When they had nettled themselves down into their places
we could see who they were, tinder the canopy and beneeth
the sword of justice sat Sir Robert Carden, Nouns lemma, for
the Lord Mayor, who Is at present in Ireland. To Ids left
were the whole bench of aldermen, seed in crimson and fur,
brilliant with gold chains and warming-pea insignia of ofilce,
and generally comfortable In appearance, the right ot
Sir IS Carden were the judges—the Lord Chief Justice of
England—little, calm, deliberate and intensely shrewd, and
Baron Bramwell, more bulky, but not more efficient.
Both were arrayed much leas gorgeously than the City
officials—the rule in official life apparently being that the
higher you get the lees you need to decorate your person.
The Lord Chief Justice, Sir Alexander Cockburn, wore the
usual judge's wig and • deep violet or purple-coloured robe
with fawn-coloured cults, and " Brother " Bramwell tnotted,
In addition, a broad scarlet silk sash. The I uder-Sherlff
danced attendance upon all in a court sult—tuftled shirt,
ruffled cuffs, and skewer sword complete.
. . . .

When the crier had finished hroclamation and all were
seated, the Clerk of the Court led upon the prisoners to
appear at the bar to answer to a charge of having, upon the
lath day of December lest, wilfully caused the murder of ,
Sarah Ann llodgkinson, at No. lIA. Corporation-lane, Clerken-
well. The prisoners did consequently appear, and marched I
with a firm step into the dock. It may hemn the recollection
of the public that eight persons were originally charged with '
murder kith's cue, but one, named Ilullany, turned approver,
awl the grand jury threw out the bill against another,
named O'Neill. Only six persons, therefore, came into the
dock, and one of these wan a woman—Ann Justice. All
marched in with a firm step, and took their places. Turn-
keys were in attendance, and filled up the back portion of
the dock, .ml • female was in waiting upon Ann Justice, who
was provided with a chair.
When a man is placed in a felon's position Ills usual to
discover something of the felon in his appearance. In the
present instance, nod to an unprejudiced observer, this was
inipossible. Several of the men were what would be called
"seedy in their attire, mud otherwise dishevelled in thin',
appearance, but there was not one of them who could have
horn pointed out in the streets as • man likely to land him-
self to such a desperate enterprise, nor one who seemed as
it he had ever known a felon's cell
The v man, Ann Justice, was, of course, most affected by
the poici in which she found herself. Call hero woman
one sc._ oely can. She is little more than budding into
womanhood. Only twenty-two years of age, and of tolerable
attractiveness, she excited universal compassion. At first
aloe was Intensely nervous—smoothed down the braids of her
hair, tugged and pulled aa the shawl which she wore, and
clenched her interlaced fingers together, as though she
would Ivo, torn tic, ctit by the root,. ho so how.

. .
settled herself to listen to Ili: ~.deise4 10 On
her.
The Crier of the court having made a long rigmarole pro-
clamation, stating that theme people were put upon their trial
to answer to this, that, aml the other crime, calling upon all
prosecutors to come forward in "tire name of our Sovereign
lady," and ending with "God save the Queen," the empanel-
ling of the jury was proceeded with. As I have said, an
Immense number of jurors had been called upon to at pear, •
and the Clerk of Arraigns, who sat below the judg, s. hoeing
naked the usual question—" Guilty or Not Gully." 0101
having been answered firmly in the negative by ouch prb
toner, got to his feet to call men to MI the jury-boa
hereupon up rove Mr. Montague Williams, who stated
that be was retained on behalf of the prisoners O'Keefe and
Ann Justice, and begged to have the trial postponed, if
said that he had only received his brief late on Saturday
night, had not mastered it, and was not prepared to go on.
No fewer than live barristers of eminence were conducting
the prosecution, and of these the Attorney-General, the
Chief, replied.
Between the two, a long debate went on, until at last the
Lord Chief Justice interfered, and politely reftmed the re-
u met, stating that everything that possibly could have been
done had been done to give the prisoners an opportunity of
, engaging counsels, and if they had not taken advantage of
it, it was their own fault. Several other objections were aloe
made, but all were overruled. It was. hownver, most
noticeable, that there was a strong desire on the part of the
Crown to do justice, and every COUCellioll was made which
could be made consistently with the demands of public duty,
and whore a refusal was given It was in such terms, and ac-
companied by such leniencies, as almost made it a yielding.
At length the clerk once more rose to bin feet, the Crier
called aloud for the silence which he alone disturbed, and
it seemed as if we should at last get a jury.
Bid uS l Ur. Dulcet Circuit got up, sua in vigorous Wig.

_ and In many words expressed his indignation that he
had not buer permitted to Inspect the list of lurynieu. Bo
that he toO but know whom to challenge. M hen he had
expended his breath, tie was calmly Informed that It was
against the principles ot British law to make the jury.
pastel public, that by keeping it secret, tampering with jury-
men was avoided, and that, whether the law was right ur
wrong, the Fenian prisoners had not been more laiirdly
treated than other suspected criminals.
The the empsnuelling of the jury was proceeded with
The Clark shouted the names aloud, the polloeman at the
entrance to the court repeated it in stentorian tones, and
far down the passages the cognomen of the fortunate or
rather uniortunate individual could be heard dying
away In the distance. Some came and sat down
quietly In the box, resigned to their fate, but all
were not so submiesive Many came with "1 pray thee
have me excused" upon their tongues. One man was let og
because he waii a baker, whose business depended upon his
personal supervision, and became he had attended during
the previous sitting of the sessions. Another littte red-
headed, hunch.backed, wooden-legged man, because he had
the "rheumatics" mid couldn't sit still. Another, because
he was just sixty, slot could not see And many more,
because they had no qualification, or were old enough to be
exempt.
_ .

By and by, the wearisome process was complete The
jury stood up, the crier chaunted over the oath, and each
man kissed the Look in token of acoeptance thereof. It was
supposed that many jurors would be challenged, but the
privilege was taken advantage of in only one ease. and the
reaton was self evident Another juror was speedily sum-
moned, and twelve sworn men sat in the jury-box to •' truly
try " the perpetrators of the Clerkenwell outrage.
The speech of the Attorney-General began the case for the
prosecution. Throughout it was marked by its extremely
temperate tone, and the desire which was evinced that every-
thing should be done in cool thought, and es far removed as
possible from the heat of minion. Once or twice, indeed, he
did rise into scorn when speaking of the Fenian Organisa-
tion, which he characterised as "that absurd brotherhood
which proposes by the Divine will of God to do all in Its
power to obey its own laws and to free Ireland from the
yoke of England." As a whole, although the speech was
able and carefully studied, it is scarcely worth my while to
give it here. It was in common with all Introductory
speeches, merely a ',um. of the evidence to be laid before
the jury, and tile evidence in this case has been so often
before the public in the preliminary investigations at Bow-
street, that a recapitulation of it would be wearisome. Suffice
It to say that he repeated the story from the beginning, told
how Burke and Casey had been captured together, how the
desperadoes of Guidon :Valero formed a plan for their
rescue, first by an attack upon the police van,
and that failing, by the explosion at Clerkenwell,
lie declared that Burke himself was either the
originator of the plot, or was cognisant of it, asserted that
Barrett was the man who actually did the deed, and that the
other men who were charged with the crime were all active
accomplices in It. With respect to the woman, Justice, his
tone was throughout different, and was, indeed, apologetic,
so that It becntree evident that it is tut intended to press the
graver charge against her.
When he had concluded, he oaled witnesses in support of
his statement. A surveyor swore that the model on the
table and the plans in court were correct. Policemen and
doctors proved that the woman Sarah Ann flodgkinson had
really been killed " partly by hemorrhage and partly by suf-
focation," anti other witnesses showed that they had found
portions of the barrel wherewith the deed had been done.
Ihe informer Mullaney was then called. " Ile looks an
informer," said a man near me. "Does he not, sir?' he
asked corroboratively of • handsome, well-dressed young
fellow sitting by his side. Not knowing how an Informer
should 1•ok, I thought differently, and did not give the gen-
tlen.an nmeh credit for superior acumen, situ* the man to
whom he was talking was Corydon Muttony is a well-
dressed, sensible-looking man, with rather a weak face, the
weakness of which is hidden by a beard and moustache.
When he appeared in court, the male prisoners rose and
stepped to the front of the dock. Every man seised a pen,
and waited, looking towards the witness-boo, as if in exp..,
tation of some remark which they could contradict, but In a
minute or two they sat down into their former intent
watchfulness and listening—all but Barrett, who at one
time rose, and, standing apart from the others, coolly
penned a long note, which he handed to his counsel.
The major part of Mullany's evidence is already before the
public. All the petty public-house meetings were recounted
in his strong Irish accent until it was wearisome to hear
them : the secret meetings In his tailor's workshop were raked
out of their fitting obscurity once more, and the desperate
resolves of crazy tailors were narrated with something like
pride. The only part of the evidence which was novel
was that which connected Burke with the outrage.

According to the approver's testimony, a letter was re-
ceived by Captain Murphy, a Fenian, who has since ab-
sounded to France, and cannot be got. This letter was
apparently written in ordinary Ink. It had passed the inspec-
tion of the prison authorities. But when it wee coveted a Ith
• solution of copperas, In Icloilany's presence, more hand-
writing appeared, which was no follows; "You know how I
am situated. There is a house here called the ' Noted
Stout House,' and that house has a sewer underneath the
prison wall, at a weak place In wall. If you get • barrel
of powder awl place it there, you will be enabled
to bktw the wall to hell. Get the men to try it in small
quantities, and it must be done between the hours of half-
past three and four o'clock. If you don't do that you ought
to be shot." The position of the Stout House, and the
sewer, and the weak place in the wall, were all marked in
the letter. Subsequently, other letters were received from
Burke, and a newspaper, all of which being washed with
copperas, revealed writing, directing the course of the plot.
Mullany then went on to tell of the purchaser of the
powder, and of the explosion, and his subsequent
meeting with Barrett in disguise, but nothing which he
said was of great interest. One little remark which he made,
however, shows that there is honour among thieves. While
they were collecting this money for the powder, every
man volunteered so much, and Mullany himself gave hail-a.
sovereign—whereupon, said he, " I gut it back from Captain
Murphy next day, for was out of work and he said it wasn't
expected from the likes of me." Could the sarcasm of
events go farther The men in the deck must have been
proud that they never fingered his coin, and if he had shame
left he must have been ashamed that prospective felons
refused the money of" the likes of him

Ou Tuesday morning a greater number of people had I
gathered in the Old Bailey than on the previous morn-
ing, to dare at the fortunate folks who had blue tickets,
and were admitted to tho Court House. In the court
the same scene was repeated- The Judaea and the
city dignitaries took their seats, with this difference—
that officialdom vim shamed into its undress robes by the
sober hues of the judges, and the prisoners were once more
placed in the same order at the bar. 10 the right of the
judge was Ann Justice, calmer and more self.rellant than
on the previews day. Next to her sat Barrett, the man most
gravely implicated, as being charged with firing the barrel.
This prisoner is the moat intellectual and beet educated
of the group, and hie face fully betokens his superior
accomplishments. With brownish hair, a short, care-
fully trimmed beard, a clear, intelligent one, and a plewanit
expression of countenance, he seems anything else than the
man to lead a foolhardy exploit. But although Barrette ap-
pearance Is remarkable, none of his accomplices look either
weak or wanting in brains, with the exception, perhaps, of
I WI( eel.), who sits next to him, and who seems the only mau
who could be easily duped. The remaining three, although
sit up to Barrett's standard, are all than...looking fellows.
English and William ikernond might pees for ordinary
, artisans. Both are dark haired flies, and English, who has
a heavy stolid countenance, is not improved by the disfigure-
' merit of a broken nose Timothy Desmond, the Last of the
hatch, is a shock-headed man, with a huge, flowing red
' beard; but in spite of the hair which hides his face It can
be *eau that it is neither an unpleasant nor a very wicked

„—.
The proceedings began with the cross-examination of the
Informer klullany, and a desperately severe teat it was.
Fancy five Old Bailey lawyers let loose upon one man, and
that man an informer Fancy being reminded every second
that you are upon your oath, that what you say may be used
against you, and that generally you are a mean, despicable
creature, not lit for the society of honest men, and
scarcely fit to live, and you have a tolerable idea of
the treatment which Patrick Slullany received. Still
his evidence WWI net shaken in ally material par-
ticular—although of course It still requires to be
confirmed. The man was awfully nervous. Ile clutched
the bur of the witness-box before him, lie beat upon it with
shaking, trembling fingers, he pulled his beard and pashed
hls handa through his hair, and Ms eyes kept restlessly
wandering from Judge to lawyers, from lawyers to spectators,
but nevfw from spectators to prisoners. Sometimes he became
scornful in tone when he was asked if he had Informed for
the sake of the reward ; but generally his tone was one of
bold defiance, and he seemed confident that his testimony
was true and unassailable.

Upon She conclusion of his evidence Mull:my was recno:od,
oarefnlly guarded, or rather protected, by two warders, and
the other informer, Vaughan, was placed in the witness box.
Vaughan, who, like klullany, Is a tailor, is a man about
thirty live years of age, and Is of middle height. Unless his
tongue betrays him he is an Englishman. Ile gave his evi-
dence clearly and consisely. Daring his cross-examination,
however, so many questions were asked in the peculiar LIId
Bailey manner as to little discreditable circumstances in his
previous career, that he lost him temper, aml contradicted
his previous evidence more than once. Upon the conclu-
aloe of his evidence he was likewise caret ally removed by
the.wartiers.
.

the powder, and la transport to Pu'Laney
Court, Silver Street, Golden Square, were next proved by a
clerk and a carman from Mesere. llarvey and Lewls'e
oath&

Martha Kempsley, a good.looking and weihdreased young
woman, who lived at the house in Pußatley Bourg to which
the gunpowder was takes, kleotAlled Barrett. She amerted
that she had eeveral times seas him at that place, which
was g greengrocors shop, and her brother subsequently cur.
roborated her evidence.

N'arloas wttneasee—ptincipally women—were called to
prove the Identity of the Talons prthoners, all of whom were
aeverely cross-examined with varying Buenas. The last hour
or so was passed in obtaining testimony as to the corn.
plielty of several of the prisoners in the futile attempt
which was made to blow up the wall, on the day before
the successful exploalon, after which the court roae.

Wednesday morning was spent in examining a number of
policeman, to prove that Ann Justice and Allen, were loiter-
ing In the neighbourhood of the IL ,nee of Detention on the
day of the explosion.
Sulwequently, Henry Bird, the milkman who was Reeving '
milk ha Corporation.lane, just before the explosion, was
sworn, and Identified Barrett as the man who fired the
barrel. Ills evidence was given in an extremely confident
tone, anti he said, that " Barrett was the man and no other."
It came out however, that he had first Identified Timothy
Desmond, and secondly, O'Neill, as the actire agente In the
explosion, and a severe cross.exanUrustion by judge and
counsel alike, sent him out of court with his testimony very
severely shaken. Barrett was, however, Identified by the
boys who were playing in the street at the time when the
explosion occurred. At present the case looks very black
against him.
As far as we have gone, and when my parcel leaves, we
have proved that such a place as the ulerkenwell House of
Detention existed, that an explosion took place there on the
lath of December last, that thereby a certain woman named
Sarah Alan Hopkinson was killed, that the motive for the
perpetration of this deed was to liberate two members of •
secret society known as the Fenian brotherhood, and liow
we are busy hurrying home the crime to the prisoners at the
bar. It Is improbable that the case will be concluded before
the ond of the week. Rather more than half of the witnesses
for the prosecution have been examined, and beside the
others there is the defence, the speeches of the various
, counsels, and the summing up of the Judge. It is evident
I that the woman Justice will be acquitted, that U bevio and
English can scarcely be found guilty of the murder ,harge,
but that matters are looking very desperate against Barrett
and the two Desmouds. Perhaps the defence will give
affairs a different look, and of this more anon.