The Express.
London, England, 1867-11-25 00:00:00

CAPTURE OP A PENIAN COLONEL.

A man of gentlemanly appearance, who gave the
name of George Berry, was brought before Sir Thomas
Henry, on Saturday, in custody of Inspector Thomson, of
the F division, on a charge of treason-felony.

Mr. Poland, instructed by the solicitors to the Treasury,
conducted the prosecution. In opening the case he stated
that certain charges of treason-felony had been preferred
against the prisoner in Ireland, and when he was appre-
heeded in London, on Wednesday night, it was at first in-
tended to remit the case to that country. But as it
appeared that most of the overt acts of treason charged
against the prisoner had been committed in England, it
had been considered that the more convenient course
would be to take proceedings here.

Sir Thomas Henry said that according to the act of par-
lianient (11 Vic. c. 12) a charge of treason-felony could be
tried in England, whether the offence had been committed
within or without her Majesty's dominion'.

Mr. Poland went on to say that when the prisoner was
apprehended he was in company with another man, who
aided him in resisting the police. That man was not
included in the charge of treason-felony, but they would
both be charged conjointly with resisting and assaulting
the police in the execution of their duty.
Sir Themes Henry said if that were so it would be more
convenient to place both at the bar together.
Accordingly, Joseph Theobald Casey was placed at the
bar, and be and Berry were charged with assaulting and
resisting the police in the execution of their duty.
Mr. Thomson— I am an inspector of the detective force,
Scotland-yard. On the night of the 20th inst., shortly be-
fore eight o'clock, I was in Clarendon.street, St. Pancras,
with a man named De Valy. We saw the prisoners, and
followed them to Woburn-square. We had then got into •
position to see their faces, De Valy especially. The latter
Jude a communication to me about Burke. I had in the
meantime got the assistance of a police constable, H 53,
who had known me before • De Valy was not with me
then. The constable and I followed the prisoners. I tapped
Burke on the shoulder, and said to him, " I want to speak
to you." They both turned round. I said to Burke, ' I
am Inspector Thomson, of the detective police and hold a
warrant for the apprehension of Richard Burke for a serious
crime. I know you to be Richard Burke and must take
you into custody ; you must consider yourself my prisoner,
and accompany me to the police-station." He said, What
do you mean !! I am not the person at all." I said, " Then
who and what are you r He replied, " My name is George
Burry. lam a medical student, and just arrived from
Hamburg." I said, "Whether you areltoirry or Burke, you
must come with me totbe station-house, and if I am under
a mistake I must abide by the consequences." He said,
" Let me see your warrant." I said, You will see it at
the proper time and place." He replied, " I refuse to go
anywhere." I then told the constable to take hold of him
on one side, and I took hold of him by the shoulder on the
other. He struggled, and we dragged and pushed him a
short distance. Casey interfered. He was present all the
time. He obstructed me in taking Burke, and struck me
several blows. He struck me in the chest. The prisoner
Burke then walked quietly. He protested very much against
my apprehending him. When we got to the corner of the
square, near Russell-square, he stopped and said, " I de-
mand to see your warrant. lam not goin any further,"
and protested against nay interfering with him. We were
holding him—the constable and I--es he turned round
Ad said to ins, " Let me go." I said, " No." He turned
round to the constable and said the same thing to him.
(Burke here requested that the constable might be sent
out of court.] Burke then made • sudden effort, and said,
" I am not going to be held in this manner," wrenching
himself out of my grasp, and ptubing me on one side and
the constable on the other, and ran about half • dozen
yards. The other man caught hold of me to try to pre-
vent my going after Burke, and struck •me several blows.
I pushed Casey away, ran over to Burke, who was then
stopping, presented a revolver at him, and said, "By God!
' i Burke, f you attempt to go away I ill fire on you." He
looked round and said, " Don't do anything desperate."
We both took bold of him. He again demanded
to see the warrant, and again protested against
my arresting him. Ten or a dozen persons as-
sembled, and Casey appealed to them two or three
time, saying " This is • mistake ; it is OR illegal arrest ,•
don't allow • gentleman to be taken in this way." I called
on the people to assist me, but they seemed afraid to inter-
fere one way or the other. Burke was struggling all the
while, and trying to excite the people to interfere. He also
used his umbrella, but did not strike me with it. I balled
a passing cab. Casey again interfered, and tried to get into
the cab. I prevented him. The cab drove off with me,
Burke, and the constable inside. Going along I noticed
another cab following, and Casey in it. We took Burke to
the station, and ordered that he should not be allowed to
leave. After that I saw Casey in the passage, and ordered
him to be detained. I afterwardaeharged him with obstruct-
ing me in the execution of my duty. He then gave the name
Joseph Theobald Casey, and said he bad no address in
London, that he had formerly been a station-muter on the
Great Northern Railway atgathorne, in Lincolnshire, that
he arrived in London on Saturday, and bad lodged with
" his friend" (Burke) at two different lodging-houses. I
then sent for De Valy, and asked him in the presence
of Burke whether ho could tell me who he was. He pointed
to the prisoner, and said, " That is Richard Burke." The
prisoner made no reply. I proceeded to search bun, when
he again demanded to see the warrant, and wanted to know
what he was charged with. I told him he was charged
with treason-felony. I was about to search him, when he
said, " Rest assured you will find no treasonable docu-
ments on me." I made a list of the articles I found upon
him, and asked for his name to put at the head of that list.
He said, " George Berry;" and spelt it so. I remarked
that he had previously given the name " Bowry." He
said that must be a mistake on my part. I asked him for
his address. He said he had been staying in London, but
could not give me the name of the hotel or of the street.
I believe he also said he had only been there a few days,
but if I went out with him he would take ins to it. He
was detained at the station. De Valy wee shown Casey,
who used some bad expression to him, but I cannot say
what it was, or what De Valy replied.
Burke here requested that De Valy might he out of
court if his evidence was to corroborate that of Inspector
Thomson.

Sir Thomas Henry said that all the witnesses had better
be out of court.

Burt said that as tar as De Valy was concerned it was
too late, he having heard the inspector's evidence.
Sir Thomas Henry said he should have made the appli•
cation sooner.

Oross-examined—Yon wrenched yourself clear of me
and the constable. The constable followed you immedi-
ately. When I told you I had the warrant I had seen the
warrant, and I thought I had it, or a oopy of it, in my
pocket; but I had another warrant instead. I had pre-
viously carried it in my pocket. The warrant was issued
by Mr. O'Donnell, a Dublin magistrate, in Ireland—l be-
lieve in Dublin.

In mower to Sir Thomas Henry, Mr. Poland said it was
not intended to produce the warrant.
In answer to the prisoner Burke, the inspector said he
understood the prisoner was charged with felony, and he
bad a right to apprehend a person so charged.
Casey said ho thought Burke was being apprehended
illegally, as he did not believe there was any warrant, and
thought that perhaps it was a sham detective.
John De Valy said that in October, 1865, he wee in New
York, and joined a conspiracy celled the Fenian Brother-
hood, with the object of overthrowing the British govern-
ment in Ireland, and establishing a republic in its place.
Meetings were held for the purposes of organisation and
for raising money. I knew the prisoner Burke in New
York. I first saw him in September. He then went by the
name of Captain Richard Burke. The organisation was
divided into " circles," and Burke was a member of the
same circle as myself. Circles are divisions or companies
of the brotherhood. There are committees of safety, one 'I
in each circle. He was on the committee of safety of the
circle. It was called the Brothers Shears Circle. He went
to Ireland in 1866, and returned in July. and I saw him on
his return. He said he had been to Ireland. He also
said he had been in London, and bad gone by the name of
Major Windsor, an officer in the Confederate army, and
that he was working the thing in London. He asked me
if I thought there was any chance of success, as the men
in Ireland were anxious to fight. He said he had seen
men lying down and crying because they were not allowed
to tight. I can't say for certain when he left America.
Is was after I left. I next saw Wm about three months
ago on Hungerford-bridge. On the night of the 20th I
was with Thomson, and saw the prisoners. I had not
known Casey before. I had not seen him before to my
knowledge. I spoke to Thomson about Burke. I left
Thomson following the prisoners. I was afterwards sent
for to the police station, where I saw the prisoner.
Being cross-examined by the prisoner Burke, the wit-
ness said that when he joined the Fenian organisation he
took the Fenian oath. The substance was that be pledged
himself to obey his superior officers in the Fenian Brother-
hood, to endeavour to promote harmony amongst all classes
of Irishmen, and to use his best efforts to obtain the bide-
mndence of Ireland. That was all. He left America to go
to Ireland, where he was sent by the police to give evidence
in the case of Meany. Did not then give adifferent version
of the oath, but as nearly as he could remember the same
he had given now. He was cross-examined at great length
botretbweaprr inner on
thisect point, and
haelsosaiisdt°hheisonertotrititTes
truth, and did not care whether a conviction followed or
not. He had received money for his support, from 501. to
1001. He had never considered whether he would be paid
if the parties were not convicted.
At this stage of the proceedings the prisoners were re-
manded.

Rewrote ACCIDZIST BY FIRE.—A shocking acci-
dent happened on Saturday to a girl aged le years, named
Rebecca Young, housemaid at White's-lodge, Putney.
Whilst she was cleaning a fender, and in a stooping posi-
tion, a spark flew out of the fire, which she had jest pre-
viously lighted, and lodged on the back part of her draw,
and she was soon in one sheet of flame. Her screams
brought immediate assistance, and the fire was put out,
but it was found that her injuries from burns were so great
that it was necessary to take her to St. George's Hospital,
where she now lies without any hope of recovery.
The most wholesome breakfast is made of Du
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re.: 24 cups, Si. ed. 48 cups, Cs.: 758 cups, : 576 mine, 65st
It is more ilelictotts, digestible, and nourishing than the bee.
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