The Express.
London, England, 1866-01-13 00:00:00

THE CASE OF ALLEGED FENIANISH IN
LONDON.

Yesterday Michael Butler, aged 63, late of No. 2,
Vine-wart, Whitechapel, shoemaker. and Thomu Farrell,
30, late of No. 45, High-street, Mile-end New-town' boot
and shoe manufacturer, were brought up on remand before
Mr. Paget, at the Thames Policocourt, for the third time,
charged with procuring and persuad.og, at the pariah of
Whitechapel, John Farrell, a private in the 6th Cerabinier
Guards, quartered at Kensington, to desert from her Ma-
jeaty's movies for the purpose of taking up arms with the
romans in Ireland against the government of Great Bride.
Mr. Charles Young, solicitor, again defended the pri-
soners. _

William Collett, a sergeant in the Military Train sta-
tioned at Woolwich, s►id be was in the camp there on
Christmas-day, and s►w the prisoner Farrell speaking to
the men in the barrack room. No. 5. The prisoner was io
conversation with two soldiers named Maloney and
M'Keogb, who was called M'Koff in the regiment.
Maloney and M'Keogh both belonged to the Military Train,
and both had deserted. He did not hear what the
prisoner said to the men.
Richard Macarthy, a priests in the Military Train, stated
that on the 27th of December after 6 o'clock in the
evening he was going into the barrack-room, sod saw the
priscner Farrell, who said to him, I am come for you, ain't
you going with me ? He said, no. He understood he was
to go to Ireland. The prisoner said if you will go to
London I will give you some civilian's clothes and send
you to Dolma
A long discussion then look place respecting the articles
found in Butler's house. Among them were two pairs of
military boots. One pair was clearly identified as belong-
ing to the soldier Farrell of the Royal Artillery, who de-
terred from Woolwich oa the day his namesake the prisoner
was with him. Three brushes were the property of another
deserter. Inspector Williamson was aoxions for soother
remand because other parties were iscalpated. Mr. Charles
Young opposed the application, and said there were no sub-
stantial grounds for soother remand.
Mr. Paget inquired of Mr. Young if his clients still
wished him to dispose of the cue summarily, to which be
replied in the pilirinttiye. .

.Idt,PegeiLlThe did sct it would be under the 80th sec-
non of the Mutiny Ant, the 28th Victoria. cap. 11. He
felt no doubt of the guilt of both prisoners, and that they
had been guilty of an offence the most serious a magistrate
could deal with summarily. Ao attempt was made to treat
this as a joke on a former investigation, but the weight of
evidence and the grave character of the offence repudiated
the idea of a joke. He should confine himself to the case
of the soldier John Farrell, of the 6th Carabinier Guards,
sod ha did not take into consideration the cases of the
desertions at Woolwich and elsewhere, for which the pri-
soners might have occasion to answer elao.bee.. Them
was no doubt the prisoners had attempted to induce
John Farrell to desert and go over to Ireland to join in so
attempt which so many of their fellow countrymen, see.
tenced to long terms of penal servitude, had deep cans to
repent. If the prisoners bad succeeded in their base
attempt with John Farrell, he would have either
been a vagabond all the rest of his life, and
liable to arrest at any time, or been consigned to
penal servitude with other misguided men. The young man
had behaved well, and would not desert and break the
oath be had taken. Much hail been said shout the folly of
any such attempts on the loyalty and sllegiasce of the mi.
litary in England, but the folly of the prsonen' conduct
was not to save them from punishment. The deeper the
crime the greater the folly of committing it. The prisoners
had been guilty of a most serious offence, and he could
make no distinction in their cases. He felt bound to con-
vict them under the 80th clause in the Mutiny Act and to
indict the maximum penalty. He sentenced the prisoners to
be imprisoned and kept to hard labour in the House of
Correction for six calendar months.

Mr. Cherie' Young applied for the restorationof a Si.
note taken from the prisoner FarrelL
Mr. Paget—Yes, it may be restored to him.