The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-05-02 00:00:00

innoet lif which he had pre'iously lived and had all 'along

maintained.
The Attorney-General, who is not eloquent or oratorical,
but who speaks clearly and to the point, went over the evi-
dence bit by hit, anti made out a very good case for the
prosecution. The atibis he treated with contempt. Ile said
it might be asked would these men run the risk eta prosecu-
tion fer perjury to save even an accomplice? But
this very trial showed the desperate risks which infatuated
conspirators run to free no accomplice. Why not the
Glasgow men who admit that they have but little love for
the Government of the country, as well as the Manchester
men and the Clerkenwell num Besides this, he pointed
out material discrepancies in the evidence, but upon these
he did not rely, hut stigmatised the ucibi an the invention of
Barrett, and as the outcome of a letter which was sent by
Barrett to one of the witnesses, and which was put in evi-
dence during the trial The letter was as follows :
" My dear Friend—You will be very much grieved to hear
the serious reverse that has befallen me lately, the cause of
which I fim an ignorant of as yourself. Notwithstanding, I
have got into the meshes of the law, and, when once fairly
entangled, it is no easy matter to get extricated. It is
needless to enter into details, as now you will have learned
all the particulars through the public press. I wish you to
go to Mr James Mullin, who will take you to a shoemaker
named McNulty, in Bridgegate-street. Mention my name,
and see If he remembers doing a little work for me in
December hot. It may assist him to recollect me, if you tell
him that I am the party who waited on him on three different
occasions to have • pair of boots bottomed—first on Thurs-
day, then on Friday—and that when he promised them on
Saturday and I found they were not done I came to a row
with him, and that then two men set to work on them, and
1 during the time they were working I sent out for the Keening
Poet and read an Recount of the Clerkenwell explosion,
which was the first they had heard of it. I think this will
bring the matter quite clearly to their remembrance. Tell
McNulty, if these two men have left him, to find them out,
and also to find out who the other parties were that were in
the place at the time."
After cues erely criticising the evidence of Mr. M'Corry,
and animadverting upon the articles published in his paper,
which he said were calculated to incite the Roman Catholic
population of Glasgow with feelings of hatred to the Govern-
ment, and to regard those who bad been executed as martyrs,
the Attorney-General concluded by claiming a conviction
against all the prisoners at the bar.
The Lord thief Justice Miran his summing up et twelve
o'clock—a summing up which will serve RA a model e
judges for many years to come, but which we have not space
to quote at length.
lie complimented the jury upon their nriention which
through eight weary days they had bestowed upon the cage,
and 'teetered that a better jury never sat in a boa to decide a
cane of life and death.
lie went on to chow that It WRA conclusively proved that
Sarah Ann Iluudgkinson was killed by an explosion which
occurred at the House of Detention—au explosion wilfully
caused. lie then said:—
The cane IA put forward as one of murder, under two
different aspect'. First, this barrel was explodesl nittm the
feloislous luteution of procuring the reaeue of a prisoner;
and death having ensued, by reason of the felonious inten-
tion, the death so caused is murder. dome maintain that
this is a harsh law, since the death of these individuals wits
not Into:Wed. But, gentletnen, you end I are hero to ad-
fishnet, the law as it exists. But the case has another
aspect, as I told you. If, when this barrel NAAS exploded,
those who did the deed knew that injury and death might
maim. and such things rally did occur, the crime is murder,
not only by the law of England, but by all law. The case
bearing thew two aspects, it is essential that for your bettor
guidance I should go very fully Into details."
This his lordship proceeded to do. Ile spoke first of the
evidence of Mullauy, the informer. He declared that " the
evidence of an informer ought, as a rule, to be confirmed
in as far by witnesses of tunloubted probity, but a jury
can accept the testimony of an informer uncorroborated If it
sr, pleases. In the present instance the evidence of Mill-
lany has been very matmially confirmed, mid is in the ninth '
reliable, Semetimes It is necessary that rewards should be
offered by the Governmeet hi ocular to tenure the &Areal.,
of secret conspiracies and mimes, and much haa been said
about the reward in thin ease. We trust that the result in
this are, and the 'evadable result always, will show the men
—the misguided men—who enter these conspiradee. and in-
duce others to enter them, that when their accomplices get
Into the meshes ef the laws they become o'ojects of fatal
danger, and are more to be feared than all the ordinary in-
eminent., of justice." He then went an minutely is disseet
Mullanses evidence, upon the whole receiving It ae reliable
end trustworthy.
Vaughan, the ether informer, received very different treats
ment at his hands. The conterapt with which he spoke of
him could scarcely he kept in inederation, and his evidence
was condemned. The Lord Chief Justice then proceeded to
analyse the testimony of the earl.oo witnesses in 'Halt and at
extreme length. Throughout, the critiu iota was of the fairmt
description, and whenever a donbt melted attic the compli-
eity of any of the persons, that doubt wan put forward in the
strongest and plainest terms.
The alibi he characterised as one of the moat extreordinary
which he haul ever known. Ile declared that the witnesses
fee the prosecution had either spoken the truth, or had
willingly eonie forward to swear away the life of an M-
ame/I mam Xlse al* was the more rommkabie, because

all the men swearing to It had knows the Man for a
long period. ne Commented strongly upon the fact
that when Barrett was apprehended and asked if he hsd
anything to say, he aid not say. "My defence hi one of
the slmplest possible. I hare not been In London or England
for months. lam an inhabitant of Glaegow. and have been
staying at such mat such a place." If the alibi of the shoe-
maker is true, it is physically impossible that Barrett could
have had anything to do with the crime. But we must see
I this is not a concocted fabrication and It is for you to say
' whether the explanation of the Attorney-General Is correct
or probable, and whether Barrett was or was not the origi-
nator of this alibi The second alibi was hint considered. Ile
said that it was perhaps true, but perhaps the suggestion of
the Attorney-General that it had been got up lest suspicion
should fall upon the first one. Again it was for the jury to
say whether this "National Irish Editor" was so depraved
that not only could he exalt,assassination Into praiseworthi-
-11500, find praise murderers Ai martyrs, but aka, that he could
come deliberately into a witness-box and perjure himself:
Otte remarkable thing was that Barrett could not say where
lie lodged during all or any of the time in question. "Yin
have to decide between two sets of witnesses. If it had been
only Multiply I should have salt dismiss it at nicer;
hut you have also the evidence of respectable people. I can-
not see what interest Mullany haa to sacrifice this man.
Why should he swear that Barrett is the tnan when he saves
himself by denouncing the Desmonds and O'Keefe? There is
one supposition, but it is far removal from probability. It is
that there are two men, and that the Glasgow witnesses are
swearing to one man, and the London witnesaes are swearing
to another. Yet even in this case both would seem to have
been implicated to a considerable extent in this same Fenian
conspiracy. In conclusion, he implored them to colaider
their verdict calmly and temperately, and not to allow their
past indignation to influence their minds, nor their com-
passion prevent their doing justice. Ilis lordship concluded
at tell minutea to four o'clock.

The jury then retired to consider their verdict, and where
all had been silence, all became eager, rapid conversation.
After a lapse of rather more than two hours the jury re-
turned tido Court. The prisoners were brought into the
dock and took their places with a firm step. but with care-
worn anxious looks. The Lord Chief Justice and Baron
Bramwell returned and took their seats on the bench, and
silence was proclaimed. Every eye WAS fastened upon Mr.
Avery, the Clerk of Arraigns, as he called the roll of jury-
men and asked, "Gentlemen of the Jury, have you agreed
upon your verdict?" The foreman replied, "We have."
•' Do you Mid William Desmond Guilty or Not Guilty ?"
pursued the Clerk.—" Not Guilty," responded the fore-
man of the jury. "Do you thul Timothy Desmond Guilty
or Not Guilty ?" and again the answer was "Not Guilty."
'• Do you end Witham English Guilty or Not Guilty ?" and
when a third time the response was "Not Guilty." a sigh of
, relief ran round the Court. A fourth time the formula was
repeated, "Do you find Michael Barrett Guilty or Not
wiiity?" And now, amid an awful pause, the dread word
GUILTY wan pronounced.
Fur a moment the silence was broken by a murmur, while
each of the judges aseumed the square Wed of cloth known
as the black cap, and while the three acquitted persons were
removed front the dock. Then the court crier made the pro-
clamatiotb—'• 0 yea! 0 yea 0 yes All persons are com-
manded to preserve silence while sentence of death is pro
nounced by her Majesty's judges against the prisoner at the
bar, on pals of imprisonment !" The judge then asked,
•' Have you anything to say to show reason why the sentence
of death should not be pronounced against your
Barrett. who had during all this time sbabi with his chest
thrown forward and his face calm as a statue, opened ins
mouth sad to speak, but when the judge went rapidly ou he

The Lord Chief Justlee continuedi—" Michael Barrett.
you have been found guilty, after a most patient and
Immix slat trial, of wilful murder, committed under circuits-
stances of the most painful character. Von have not only
committed a deadly offence against the law of these realms,
but you have attempted to interpo.e between the law and its
penalty, and to effect the liberation of • criminal by one of
the most ltorrible outrages, and means of the most terrible
and appalling character, regardless of the injury and the loss
of life which might result. I trust that when you consider
the amount of the evil done, the extent of the calamity, the
number of lives that were sacrificed, and the multitude of
people who have others dependent upon them, and who have
been deprived of strength to earn their daily and family
bread, that you will indeed repent of the evil you have done
cannot but say that I acquiesce entirely in the decision of
the jury. I cannot hesitate to believe that you are the chief
man mixed up in this whole affair, and that yours is the hand
which scattered death and destruction around. I do not
wish to any anything to aggravate your sufferings in the peel.
ties its which you now stand. I can only hope that your fats
will act as a warning to all who are mixed up in this Clerken-
well conspiracy—that the law is strong in this land, and that
law and order will be maintained." The learned judge then
recommended hint to seek consolation in religion, where
alone it could be found, and told him that he could give him
no hope that the sentence which he was about to pronounce
; would not be carried into execution.
At the first words of the fatal sentence Barrett interrupted,
and by the permission of the Lord Chief Justice was allowed
to speak, although by mistake he had allowed the proper
opportunity to pass.— The following is the substance of
BARRETT'S SPEECH :

" I have a great deal to say, but I shall not occupy much of
your Lurdships' time. I cannot, however, allow this oppor-
tunity to pass of placing myself in the position which I
should like to hold in the eyes of my fellow-countrymen.
" Conscious as I ant that I never maliciously injured any
person in my life, I must be allowed to make a few remark,
upon the , widener upon which I am found guilty of tilt,
nest horrible charge of wilful murder. No two of the
witnesses who have been brought against me agree in
describing correctly the man wino fired the barrel. Tho.e
who agree hest, swear Pi a man of gentlemanly appearance,
elegantly dressed, and about five feet ten in height. Not to
such an humble individual as myself, who ant poorly
attired and only live feet ttlx in height. I any, after
the evidence which has been given, let no man of un-
prejudiced mind (if any such have gained their way into
this place, believe that I committed the crime Imputed
to me, nor du I think that the jury, although they lent them-
selves to the designs of the prosecution, believe it.
I wish to speak of my arrest in Scotland and of the way
In which I was smuggled to London. I was taken up for
firing a pistol in the streets of Glasgow. I gave my real
name and address, which no man having ft charge of this =tort
hanging over his head would have done. I was set at liberty.
'the man came to any lodging and re-arrested me. I WWI
carried to London, and in London I was in their power. It
i was the only place n the empire where they could procure a
conviction against me. I have now been convicted through
the agency of mean, low, peddling, officials, who would debase
themselves to make a case, or even to gain the false mile of
a anperior.

" (Me of the boys who swore to my identity, failed to recog.
nine me at nest: but he was taken before me and hell there
by a fiend in uniform, for whom I cannot find ternis of con-
tempt sufficiently strung. Then he swore to me. This
there was Bird—that miserable Bird—he never guessed that
I was the man he was to swear to. But AA he was leaving
the place, I WAS called from my cell and questioned as SO my
name and occupation. He took Ilii cue, and declares that I
am ' the man and no other,' although lie first aware to other
two.
"The other eight ' independent and highly respectable
srit-
flosses' swear that two months lie,ra the explosion I fre-
quented Pulteney-conrt. My lord. I was at that Hine in
Scotland, and the statements are deliberately false. Indeed,
11 tiffany swears Captain Murphy nod I came from Glatlgow
with the express purpose of getting up this explosien.
Now Burke had been only three weeks in gaol at the time—
and the statements contradict each other. The boy
Morris contradicts the other witnews in the platnest
manner ; and it never could hove entered the mind of any but
a puny-minded tailor-NT that I left the explosion ' smutted '
over with gunpowder, and unhurt. The witnesses differ as
to the hair of this person who fired the barrel. Morris says
his master was at home on that evening until eight o'clock,
and was sober. A woman who worked for Mullany, met him
,at six, and than he was drunk. The Attorney-General says
this is corroborative evidence, and you, gentlemen, agree with
him: but there are evry few people who will agree with
either you or the Attorney-General. Had the Crown been able
to bring Mrs. Mullany into the witness-box, they would gladly
have done so, but they could not, because she has failed to
identify me at all with this Jackson.
" Now with reference to that need of iniquity—Mullany, I
will miss him over with as few words as IsosSible, on though
by the very mention of his name I should inhale a most
deadly poison. Him I will allow to remain in his wretched-
miens and misery. lu the words of Holy Writ
- -

• When your fear eometh an desolation, and your destruc-
tion cloneth as a whirlwind ; when distress and anguish
cornea upon you.'
• Trouble and anguish shall make hint afraid; they dual
pee oil against him, as a King ready to the battle.'
'Men shall clap their hand. at him, and ,bail hies him
out of hie plate.'
" lila, indeed, is a life that no one will envy, and every one,
even the most abandoned. will despise him. The very parties
who now smile upon him anti have recourse to him will
spurn him. A thousand times more welcome is death to a
criminal convicted of the highest crime, than life and so-
called liberty at the sacrifice of everything that tends to
elevate the human being and renders idm worthy tine name
of man.. Gentlemen of the jury, you have mistaken
me. I an, not one that can rejoice in the sufferings of
my fellow-creatures, and none regrets more deeply than 1 the
awful suffering which has been wrought. Even Mullany
can forgive, and pray that his sufferings may not be an great
as he deserves. My bird, I an, not the man who did the
deed. I am a stranger to (tete of daring, and an,
not fit for such an enterprise We have been tolot
by Sir Richard Mayne, and by the Pall Mall Gazette
that there are 10,000 armed Yentans in Lonolon.
If that be the ease, why lihnuld they have to send to GIRRy(k.W
and there need to fix upon an humble man. Re the one who
. .

now stands before you. To fancy such a thing requires a
stretch of the imagination that only the disordered minds
. _ . .

of the officials of this country could make.
"I had been working in Glasgow for years before this affair
occurred. I told the police so, but they refused to make in-
quirk,. They brought me to London, where I was unknown,
and when my solicitor applied for funds to prove my state-
ments, they were denied.
tientlemen and my Lords. I am far from denying my
love for my country—that would be to deny my nature.
And if it be murder to love Ireland, then I am a
murderer in the deepest sense of the word. And had lien
thousand lives I would willingly lay them down to remove
the misery and redress the wrongs of my native land.

your lordship has told me, to land where

the injustice of selfishness cannot prevail, and where might
does not prevail against right, and I trust I shall prepare for
it; but I must now say that one crowning degradation has I
been added to those already overwhelming unhappy Ireland
—that an Irishman's oath min never for the future be received
in a Court of Justice when the life of a fellow-itountryman
is at stake. This is a crowning Indignity—a crushing
humiliation!
I shall seek that other land, and T trust that when I stand
before that bar, before which judges and juries anti criminals
mutt alike stand. I shall be favonrably received, and shall
have a share of that glorious mansion in which there is
neither sorrow nor pain. Vet there, even there. I will re-
member the sorrows of Ireland, and before that Throne
where the prayer of the peasant is heard as well nf the prayer
of the prince, I shall seek the happiness of Ireland. I sant
no processions and no demonstrations. Let me go quietly to
the grave and there I will find the justice which I am denied
here. It is hard to die prematurely as I must die, lad I hope
that even such a humble sacrifice as mine will be turned to
the good of my country, and with my last breath I declare
that the stain of murder does not rest upon me and will not
taint the prayers offered on my behalf."
Barrett then thanked the Nage.ll, the emandel, end the
, solicitors, and said "I have done !"
The Lord thief Justice said his mind was still unaltered,
and pronounced sentence in the usual tuna.

Were I to attempt to convey the impression which this
extraordinary speech created, I should utterly fail. Imagine
ladies in tears, stnmg men shaken, fares blanched with
doubt, and men strengthening their previous conviction by
all sorts of arguments, and you have bet, re you the
Old Bailey Court at seven o'clock on the evening of
Monday, the 27th of April, WM, when the great Clerkenwell
trial ended !