The Express.
London, England, 1867-11-09 00:00:00

THE FENIAN TRIALS AT MANCHESTER.

MANCHESTER, Nov. 8.
The trial of Carroll, Moorhouso, and Redden, for
misdemeanour in connection with the attack on the prison
van on the 18th Sept., was resumed this morning at the
assize courts, before Mr. Justiceßl►ckburn. Mr. Pickering,
Q.C., Mr. Bowler, Q.C., Mr. Hanoen, and Mr. Higgin
were counsel for the prosecution. For the defence Mr.
Ernest Jones appeared for Redden, and Mr. Cottingham
for the other two prisoners. There has been much less
pressure cn the part of the public to obtain admission to
the court this morning, and public excitement and interest
in these trials is evidently lessening.
The numerous guards required for the courts, gaols, and
other poets night and day are supplied from the 87th Regi-
ment and the i 2nd Highlanders alternately, and so heavy
is the duty that the soldiers onl7 get two nights' sleep per
week on the average, besides being obliged, for she greater
part of the time, to take their food cold.
At the close of Mr. Jones's speech,
The learned Judge, addressing bun, said—l really think
I ought to compliment you, Mr. Jones, and to thank you
for siding justice by as able and proper a speech as ever I
heard.

Mr. Jones—Thank you, my lord.
Mr. Cottingbam then addressed the jury for the prisoners
Carroll and bloorhouse. He said it was again a con-
structive crime that they were trying. They were, of
course, as much legal offences as direct offences, but
there was something repugnant in punishing • man
for a constructive offence, that existed rather in
the contemplation of the law than in the conscience
of society. It was somewhat repugnant to Englishmen to
make anyone suffer for an artificial crime, for there was
not the least pretence of charging either of these young
men with the slightest violence towards any single indict.
duaL He then reviewed the evidence for the prosecution.
Three spoke to Moorhouse, but only one person on the scene
of action. He would, however, principally rely upon those
witnesses who were silent as to these prisoners, and who had
more perfect means of observation than those who had
already spoken to them ; and here he would observe, in
support of Mr. Jones's remarks on the conduct of the Man-
chester police in their evidence to identify, that they
showed great caution, great attention to facts. and great
moderation. These policemen who had good opportunity
of judging, never spoke to these men. There was Garwood
and other policemen, whose silence was greatly in favour
of the absence of the prisoners, and he would ask them to
bear in mind the fact that Carroll was alleged to have been
doing as prominent an act as any that took place. It was
stated that he was on the top of the van. If that were so,
the fact of other witnesses not speaking to him was
greatly in his favour. He next commented upon the like.
ness between Moorhouse and Sadly.
Mr. Justice Blackburn said that fact had not been
brought out in evidence, and could not be alluded to.
Mr. Cottingham then commented upon the evidence of
those who spoke to Carroll and Moorhouse, showing that
some were untrustworthy from the fact that they had not
sufficient powers of observation, and others were in-
fluenced by the hope of reward. There was an inconsist-
ency in the evidence of Walton given yesterday, and that
he gave before the magistrates, as to the man upon the van.
Shaw, the policeman, was the only witness who spoke to
Moorhouse being at the arch, and he was so confused that
his testimony was unreliable. He concluded by expressing
his conviction that the would not come to the conclusion
the witnesses for the prosecution were perfectly truth-
ful, and that those for the defence must be conspirators
and perjurers ; nor did he think that believing the wit-
nesses for the defence would involve a charge of perjury
ou the opposite side.
Mr. Pickering addressed the jury in reply for the pro-
secution.

Mr. Justice Blackburn, before summing up, celled the
attention of the jury to the evidenoe which had been given
as to whether there had been a warrant made out for the
remand of Kelly and Downy to the city gaol before they
were placed in the prison van. A. to whether that war-
!ant was formal or not was another matter, and he would
not say a word on th►t point, but he would ask the jury
for an answer on that question before they went to the
question of the guilt or innocence of the prisoners.
The Jury oousulted for a few momenta, and then asked
if the magistrate who signed the warrants could not be

The Judge thought that • magistrate would hardly be
likely to remember what warrants he signed.
The Jury wished to know whether a, y one else than a
magistrate might have signed the warrant.
The Judge said no other person had the power, and it
was hardly likely that any one would think of doing so.
However, as the jury did not mem able to make up their
minds without leaving the box, be would at once prooeecl
to put the whole case before them. His lordship then
proceeded to direct the attention of the jury to the evi-
dence against the prisoners, and was still summing up the
ease when oar repeat was despatched.
The jury, after an absence of two hours, found that
there had been • warrant against Kelly and Deasey, and
returned a verdict of Guilty against all the prisoners cm
the count for misdemeanour. They were nut sentenced.
A jury has been empannelled to try Wilson and others,
who were acquitted of murder, for misdemeanour.