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

THE FENIAN TRIALS AT MANCHESTER.

MANCHMTER, R -An/MAI%

The trial of the prisoners implicated in the recent
outrage on Hrde•road was resumed at 9 o'clock, liefore Mr.
Justice Blackburn.

On the previous evening a jury had been empanelled to
try a Irmo batch, consisting of Thomas Smiley, Michael
Joseph Boylan, henry Wilson, Michael Kennedy, Michael
Maguire, William Murphy, and Patrick Kelly. These
prisoners were again placed in the dock, and charged with
assault and riot on the 18th September.
Mr. Pickering drew the attention of the court to 24 and
2.3 Vic., cap. loth as there was one count in the indictment
against the pawners found guilty yesterday, under that
'section, for assaulting the police, sad calming actual bodily
harm.

Mr. Justice Blackburn intimated that he should reserve
sentence until they were all tried.
Mr. Pickering said that out of seven prisonen in the
dock there were three against whom be intended to offer
no evidence, namely, Boylan, Micheal Maguire, and Patrick
Kelly, and he should, therefore, proceed against Sadly,
Wilson, Kennedy, and Murphy.
Mr. Justice Blackburn -Thou you tender nano evidence,
and enter a sulk pvusequi.
Mr. Picketing said that was so.
Mr. Justice Blackburn—Then you enter a ttolle proscqui
against all.
Mr. Pickering—Yes.
Mr. Justice Blackburn—Then they must be discharged
at once.

Mr, cetithibiro said ha appeared for Boylan, and on
his par{, u there was no evidence, he should prefer an
acquittal.
Mr. Justice Blackburn—The none prosequi permits him
to be discharged altogether.
Mr. Cottingham—But they might prefer an indictment
against him again.
Mr. Justice Blackburn said it would be perfectly legal,
but there is no chance of it. They may be immediately
discharged.
Boylan—l think I ought to have been discharged long
since.

The three men were then discharged.
Mr. Ernest Jones made an applaation that the costs of
the witnesses for those prisoners who had been discharged
should be allowed.

Mr. Cottingham made a similar application.
The learned judge said it would require some considera-
tion, but probably the most convenient time would be to
consider at in chambers in London.
The court then proceeded with the trial of the prisoners.
Mr. Pickering, Q.C., Mr. howler, Q.C., and W. Higgin
appeared for the prosecution. Mr. Ernest Jones, with Mr.
Blair, appeared for Beall and Wilson. Mr. Cottingham
defended Kennedy and Murphy.
Mr. Pickering shortly opened the case for the prose.
cution. He called a great many witnesses many of whom
only detailed evidence which has been Liven before at
great length, in order to prove the general circumstances
of the attack. The only witnesses who spoke to identity
were the constable Yarwood, who spoke to seeing Willem
standing near the aide arch as they were driving through.
William Hughes, the young man who was at she photo-
grapher's, saw Wilson loitering about the Hyde-road Inn
for about an hour. from half-past eleven ; he also saw
fiealley running away at the finish on the footpath.
He was with the men who came out of the van, a few
yards behind them. lie went over the line.—The boy
George Mulholland, spoke to Sully as being in the centre
of the road at the back of the van. Ho fired at Police-
constable Trueman with a revolver. In cross-examination
by Mr. Jones he said that that shot was the only one fired
at that moment. He saw Trueman duck. A dozen shots
were fired before the policemen got od.—The next witness
was Charles Thomas, plumber, who saw &ally helping to
throw atones to smash the van. He then sow Seidley run
away across the brickeroft.—Josiah Munn, the 'bus-
driver, saw Murphy near the van with the men keeping
the crowd back. The other men had revolvers, but
Murphy had not one. Another witness, James
Kennedy, who was in the Railway Inn for more than an
hour, saw Murphy there. lie was reading a newspaper,
and invited the witness to chink out of a quart. He did
so.—Edwin Walton, a shopkeeeper, near Hyde-road, iden-
tified Murphy as being amongst those who threw stones to
keep back the phew and those assisting them. In cress-
examination he admitted that be had identified Feather-
stone at the police-at.ition, and afterwards, when he was
arraigned at the police-court, after looking them over, be
said he was not there. Witness now admitted he was
confused by being called upon a second time.
Mr. Theodore Fennel Kirwin, house-surgeon at the in-
firmary, deposed to the injuries of Trueman. There was
bruise and extrayssated blood.

Inspector Garner was examined to prove the warrant
against Kelly and Deasy.
In answer to a question from the judge as to whether
it was necessary to go into all the e%idence on this point
again,
Mr. Cottingbam said he should not require it, because
anything these witnesses had said as to a warrant he did
not consider would affect the legal question to be raised in
London at all.

I'olice•oonstable Dickens again proved seeing Kelly and
Deasey go into the prisoner Wilson's house at 3 o'clock cm
the morning of the llth September.
Elizabeth Robinson spoke to seeing the prisoner Ken-
nedy, as she was going towards the arch, fire a revolver
during the affray on the 18th ult. Could hot say which
way be pointed the revolver, but thought it was more
towards Itelle Vue than Manchester. She was about a yard
and a half from him when he fired.

By Mr. Coifingham—lt was not the first shot she heard.
Did not know what the tiring meant, but got through the
arch as quick as possible afterwards.
Police-constable Drysdale apprehended Murphy in
Hardman-street, and found a number of newspapers in
his bedroom. Tbis was on the 26th September.
Mr. Cottinghain objected to the papere being put in, and
the judge thought it was better not.
This was the case for the prosecution.
Mr. Ernest Jones objected that there was no evidence
against Wilson.
Hu Lordship Wail he would refer to his notes. There
was evidence that be was near the arch before Li o'clock,
and again before two.
Mr. Pickering—Looking in the direction of the van.
The Judge thought that would not be sufficient alone.
Mr. Pickering said there was the fact of Kelly and
Deasy coming out of his house.
The Judge—That would be evidence to show that he
was acquainted with Kelly and Deasy, but not evidence
in this case.

After some further observations his lordship stopped
the ease against Wilson.
Mr. Cottingham said the only evidence against Kennedy
was that of the girl Robinson, and he thought his lordship
would hardly let thu arse go to the jury against hint on
that evidence uncorruboreted.
. . . . .

The Judge thought the cam must go to the jury for whet
it was worth. . . . .

Mr. Ernest Jones addressed the jury and called witnesses
for an alibi.

Ainsworth, trtilor, Itootle-strett, said Sadly was at
work for him on the frith ult., ni d did not leave work
from two till tenminutes tc eight o'clock at night.

By Mr. Pickering—The woriZeras three pairs of trousers,
two black doeskin and one tweed.

Mary Ainsworth. wife of last witness, remembered
work coming in ou the 17th aid employing Scully on
the 15th ult. She went for him I bout nine o'clock on
the 18th.
By Mr. Pickering—The trousers were two pairs. She
thought they were a dark stripe. The cloth was some.
thing of doeskin. The work was sent in by • Mr.
Doherty.
During the last witness's rzaruination the judge ccm-
pleated of the frequent cougliin4, end requested persons
who could not restrain it to leave the court, lle said it
would be good for their health, sad was absolutely neces-
sary to the progress of business.
Mary Jane Wilson arid she went to Ainsworth's on the
18th ult. at three o'clock, and saw Sally at work from
that hour to five.
By Mr. Pickering—Had reeeivNl a letter from her
father that day, and went to Mr. Ainsworth's to tell him.
Mr. Ainsworth is her uncle.
John Seymour, a master tailor, in Longworth.street,
said Sadly had worked for him two years. lie lent him
to work for Mr. Ainsworth that day.
Mr. Jones said this was the case for Scilly.
The Judge, having learnt from the prosecution that they
did not intend to proceed against Wilson on the indict-
ment for felony, said he thought it desirable the prisoner
should not be detained over Sunday, and by direction of
his lordship they acquitted him, and he was discharged.
Mr. Cottinghain proceeded to a 'dress the jury, and to
open his case for the other two prisoners, }immesh.'
M'
YrPa.
The court then adjourned till lilonday,at ten.

AN IMPERIAL 31EMBER OF A JEWISH Brurro-
LENT &cum. The Jewish benevolent fraternity of
Gyongyos, Hungary, asked the Emperor and Empress of
Austria whether it might be permitted to enter their
DRUM in the list of members, sod thus become entitled
after their death to the prayers and usual mortuary rites
of the society. The Empress wrote • gracious letter in
reply, and sent *donation of WO florins. Her name now
figures among those of the members of this body...kith/4
Chronick.

P