The Express.
London, England, 1868-04-28 00:00:00

Tut' .iiihtEgi4,7(Litußßiiii.

matter whether his name was Barite or Bowry he should
SECOND EDITION. fc7tlieta the
ne:itsrd :tirstA°t.la 'bErh.Prirourdrh::;tr,
him at the proper Once. The prisoner resisted and
struggled, and Casey Interfered, and tried to separate
THE TRIAL OF BURKE, CASEY them. Barks became quiet, and walked to the end of the
r square, where he stopped and again demanded the
AND SHAW.-(THIS DAY.) warrant. Witness refused, and he then said be
would not p. The constable was then on the other side
of Burke. Burka wrestled himealf from witatee's ROAM.
and mad* off. Witness followed hire, and Casey tried to
(Bj°re `l"tice ireaging and Baron Bremwea.) it trip witness, and struck him beefed times. Wieners ogee-
This morning Richard Burke, alias George Berry, alias took Burke and told him if he attempted to get away he
Edward C. Winslow, alias Wallace, 35, no occupation; would shoot him. They then took him to the station
Joseph Theobald Casey, 23, clerk ; and Henry Mullady and afterwards to Bow-street, and Gesell followed in a
alias Shaw, '26, carpenter, were indicted at the Old nnl''
At
himw4and fotundvanY recognised
s thin i his
v,
Holley for that with divers other evil dislnned Pam= On being asked his name he replied George Bee., and gave
unknown, they did feloniously, wickedly, and unlawfully address at an hotel near Regent-street. Witness found
compass, devise, and intend to deprive and depose our Casey at the door of the station, and arrested him for
Lady the Queen from the style and royal name of the assault. He stated his name was Joseph Theobald Casey,
in
Imperial Crown of the United Kingdom of Great Britain :fidrethnitiebe was an. assistant station-muterLinadn'
did not give any particular "Aldred.
and Ireland. I Cross-examined by Mr. Ernest Jones—Witness had not
There were other indictments charging them with intent a warrant for Burke's arrest when he took him into mot-
to levy war against the Queen, Ito. . tody.
The case for the crown was conducted by the Attorney-
General, the Solicitor-General, Mr. Giffard, Q.C., Mr.
Poland, and Mr. Archibald.
Mr. Ernzst dotes, Mr. McDonald, and Mr. De Tracey!
Gould, of the American bar, appeared for Burke ; Mr..
F. H. Lewis for Casey ; and Mr. Pater for Shaw.
Mr. Ernest Jones, addreasing thzir lordships, said that
the prisoner Burke was an alien, and claimed to be tried
by a jury de ntedietate
The Attorney-General said that Burke was an
man, and hat become a naturalised subject to America.
That being the case, he contended he was not an alien in
the sense referred to by Mr. Jones, end therefore not
entitled to be tried by a jury de medietate
Mr. Jones argued that Bunke was an alien, adding that
he had passports which were only given to a natural born
'dime of the United States.
Mr. Baron Bramwell said the doubt he entertained in
the matter was whether the word alien did not mean
natural born.
After some conversation between the court and counsel,
Mr. Baron Bramwell said they would receive the sug-
gestion that Burke was an alien, but they wished Mr.
Jones to know that they did so on the footing that Burke
was not a natural born subject of America.
The jury having been sworn.
Mr. Jones produced passports relating to Berke, which,
he said, were only given to natural born citizens of the
United States.
Robert De Tracey Gould being examined said he was
a member of the American bar. The passport (produced)
bears the signature of Charles Francis Adams, Minister
Plenipotentiary to the United States in England.
The Attorney-General disputed the genuineness of the
document, asserting that there was no reliable evidence to
warrant him in acceding to its reception.
Mr. Ernest Jones said he should produce an Act of Con-
gress to show that the most severe penalties were inflicted
upon any persons who, not being natural-born subjects of
America, obtained a false passport similar to that produced.
He was prepared to prove that such a passport wee never
given to anybody but a natural born citizen of the United
tit,tes,

Led by Mr. F. A. Lewis—Witness could not
say that Mr. Rpm& said in. open court that Casey was
?dullady. Witness had made inquiries at the Great
Northern Railway, and found that Casey had been in their
employ. Had not discovered that he was lodging with his
mother in Rupert-street. Witnen understood Casey to
sax at Bow-street that ha lodged with Burke. Casey,
poTo nog to the room in which Burke was, said, " I've been
lodging with my friend."
Benjamin Foreman, police-onistable, corroborated the
evidence of the last witness.

The court here adjourned for a short time.
Upon its re-assembling,
John Joseph Corydon was then examined, and after
identifying the prisoner Burke proceeded to state the eon-
flexion which James Stephens and Col. Kelly had with the
Fenian movement. In the subsequent part of his evidence
he aad that after Steph ens' arrest be in company with other
American officers went to LiverpooL Several meetings
were held there, and lie saw Burke present at them.
" Circles" were formed, and money was collected fee
the benefit of the organisation. Burke was " told off,"
for the buying of arms, and Mullady (Shaw) told witness
he had been appointed to assist Burke. He saw them in
lei., and Burke told him he had come from
America with James Stephens and seven others.
Fenian meetings were held in Liverpool in the
early pert of BC', at which Burke and klulledy
were present. All the American officers then in
Liverpool—a) in all—also attended. Burke represented
that he had been sent by Stephens to know whether the
American officers in Liverpool were aatiafied to abide be
his decision or that of the London Directory," which
was self-constituted. Witness also attended other
meetings, and amongst them the one at which the attack
on Chester Castle was finally settled. Captain M'Afferty
wbo waste lead the attack was there, and nearly all the
American officers in Liverpool including Dfullady. Burke
was present at meetings at which the attack was discussed,
hat not at that at which it was finally decided upon. It was
arranged that about 2,500 men from Liverpool, Manchester,
and Sheffield should take part in the attack, and that
after the arms had been taken from the castle they were
Ito be planed on Nerd the Holyhead mail steamer, which
was to be taken by force, and landed at a place
decided on. It was also decided that after the
attack on Chester Castle, Liverpool and all the large
towns were to be destroyed by Greek fire. On the 11th of
February, the day fixed for the attack, he saw several
men leave by train for Chester. He had given the govern-
ment information of the scheme on the previous September.
About six days after the 11th of February he attended •
!fleeting at the Zoological Gardens, in Liverpool. He got
30s. to go to Ireland for the purpose of taking part in the
ruing in Ireland. Monody also got 305., and it was
arranged that he should go to Drogheda.
Cross-examined by Mr. Jones—Barrett was a captain
in the Engineers. His colonel was Colonel Dl'Leod
Murphy. Witness end Burke received the money
for the storage of arms. Witness had been chris-
tened John Joseph Corydon. His native place
I was Ballyheigue, in the county of Kerry. He was
not exactly a Homan eatholio—he waa half and half.
(Laughter.) Could not tell the number of times be had
given evidence. (Laughter.) He bad had nothing from
the crown hut his board and clothing.
[The trial was proceeding when our report left.l

Mr. ht'Donald quoted " Wheaton on International
Law," to prove the accuracy of Mr. Jones's allegation.
The Attorney-General questioned the admissibility of
American law as evidence in the present trial.
Baron Bramwell held that the objection of the Attorney-
General was valid. The passport was an indirect decla-
ration of a fret which should be proved in another way.
Mr Jones was about to address the court, when
Mr. Berea Bramwell stopped the discussion, giving it as
his opinion that the decision which his learned brother
and himself had given would have been come to under
similar circumstances in America.
The jury then, under the direction of the court, returned
verdict to the effect that Burke was not en alien.
Burke, addressing the court. said—l wish to make a
statement in relation to the decision which has just now
been given in my case.
Baron Bramwell—You certainly cannot do so. You are
represented by counsel.
Ititrke--I wish my counsel to withdraw from the case.
I must enter my protest against being tried by a domestic
jury, and against the minuet in which the Attorney-
General has violated the principles of jurtice by his re.
foresee to me during the past week.
Baron Bramwell—Then I understand you to wish that
your counsel should altogether retire from the case.
Burke—Yes, n.y lord.
Mr. Ernest Janes—Of course, my lord, I have no option.
After a short paaae Mr. Ernest Jones applied to the
court for permission to allow the prisoner to consult with
his solicitor.
Itaion Bramwell readily assented, and Burke then en-
....red in conversation with Mr. Merriman.
After a lapse of a few minutes,
Burke said that, acting under the advice of his solicitor,
he wished to retain the services of counsel under protest.
Baron Bramwell—We can take no notice of your pro-
test.

LAW INTELLIGENCE.-(THIS DAY.)

EQUITY COURT.
(Before Vice-Chancellor Gifford.)
LYON V. NOM
This cause was resumed at 10 o'clock.
Mr. Godfrey Lnsbington (whe, with Mr. Koy, Q.C., ap-
pears for Mr. Wilkinson, proceeded to read an affidavit of
Mr. Henry Alexander Bridal', in which he deposed to his
attestation of the execution of the will by Mrs. Lyon, and
said that before doing so she made the witnesses • sort
of little speech, and reiterated very solemnly and earnestly
that the will she was about to sign expressed fully and
satisfactorily her wishes, and that she was in her right
mind. He said he had seen Mrs. Lyon go up to Home
when he was on the sofa and kiwi him. She talked of her
Burke—Nevertheless, I make it. life having been marked throughout by spiritual in-
At this stage of the proceedings, tervention, and that she had been • very won-
The Attorney• General announced that a smile prover
derful medium from her childhood. Witness en.
boa been entered iu the c. 0.", of Win. Desmond, Timothy
bornionill, Nicholas Eng'ish, John O'Keefe, and Anne tamed • very sincere regard for Home's kindly
Justice, and that those prisoners might therefore be ills• affectionate nature and sterling integrity.
charged. Dr. Hawkaley Raid be bad attended Mr. and Mrs.
The formal order for discharge was accordingly given to Home professionally, and had known the latter
Lb • ^soler.
Ti7e prisoners at the bar having pleaded not guilty, during her last illness. He deposed to the execu-
in rep', to usual question by the Clerk of Arraigns. non of the will, and that Mrs. Lyon appeared to
The dttorney-General proceeded to state the case for be in her sound senses, and to be • person of
the crown. He said they wore indicted under an business habits, He considered Home to be a mono( deli-
act p in lsitt, and should prove "m 61311.47 ate nervous organisation. Ho had suffered much from
that they I•clonged to the detestable conspiracy of whims
so mash tri..l been heard lately. The prisoner Burke, the shock occasioned by his imprisonment. Dr. Chau:-
who known under various aliases, was arrested in bars spoke of Home's Irreproachable character. Eugene
Woburn-a• ;nor', on the 20th of November, by Inspector Himmel, of No. 16, Strand, having in 1866 sent some
Thoneein, ..nd Casey was arrested on the same occasion presents to Mrs. Lyon, received from her • letter stating
for ass natio.- the police in the execution of their duty. that she had often heard of him through her dear sew.
w:. the son of a farmer living in Haman, in the
Mr. Egley, the artist, deposed to having received • letter
County of Cork. In 1862 he was heard of in America as
.e:geant in the 15th New York Engineers in which in January, 1867, from Home in which he said, " I mad
retiment he afterwards rose to the rank of captain. ask you to be patient link my good mother, as you see she
Ile wars an active member of Oro Fenian conspiracy, and has •• most decided character, and will not brook of contra-
connected with the committee of safety attached to ...lion." Mr. Egley found Mrs. Lyon • very willing sitter.
the Itr.ther Shears' circle of the brotherhood. He we/
Mr. Arthur Jones deposed to having seen Mrs. Lye.
On tntinrrte terms with James Stephens, Colonel Kelly.
sued nth les•hog Fenian+, and it would be proved that in caress Home. Mr. Gerald Massey, the author,
186.1 lei was sent by them as emissary to this deposed to having called on Mrs. Lyon, and heard her say
....sultry. lie rented a Louse in George-street-parade. she intended to adopt Home. She wished to impress the
Ilia mingham, ou the representation that he be. f
longed to a commercial house in New York which witness with the extent of her spiritual gifts, and said she
branches in Liverpool and Paris ; but his real object had been a believer in spiritualism all her life. He con-
,". the parcliase of mins, which be forwarded to Ireland. sidereal Mrs. Lyon one of the lost persons in the world
/ rring the latter part of the month of December, 1.863, to be influenced by any will save her own. He considered
L,• called at a Mr. Kynack's, a gun manufacturer, and .e treated like a
,vo him an order in the name of Edward C. Winslow, her power over rum to be very great. $n
The Attorney• General then proceeded to read oorrespon. child, and made him do as she pleased.. Witness saw
aeries between the prisoner and Mr. Klimek, Home do many humiliating things, and said be would wet
and to give an account of several purchases stand that for WOW/. a year. She was sometimes very
he made, the total ainouut paid by him between the affectionate, atother times jealous. He said, " A more
25th of December, 1865, and lath January, 1866, being
about 2,000 f. Burke remained in Birmingham until Fe• cynical looker on might have surmised 'something too fend
Amory. and be was constantly engaged in sending pack and fervent. I only thought it rather an ostentation'
r,res to Liverpool to await his further instructions. In the exhibition of late motherhood." Miss Houghton deposed
ladle of 1863 he was in London, and he wrote to Mr. to conversation with Mrs. Lyon as to the adoption of
l:rnock, asking for a list of prices of different sorts of
Home. She said that on her death, her property, if ;India-
•l and he subsequently
wrote, expressing a hope that
w raid be able to take a good stock of goods, and also posed of, would go to the crown. Stated her early belief
airing as to the prices of cartridge*, Am In July, 1860, in spiritualism ; repeated the vision of the golden-haired
1, 0.4 in Liverpool engaged in the Fenian conspiracy, boy ; seemed an obstinate woman, but judicious ; had
..:though be (the Attorney-General) would not be heard her say she had • medical opinion as to her
to accurately trace Burke's steps at that period
thought he should be able to show the sanity when she signed the will. Mn. Vsrley, of Beaken-
tl, it the prisoner was frequently going to ham, imposed to similar conversation. Said that her
rermaing from America for Fenian purpmes father's life and hers bad been more than once saved by
tit he was in constant communication with the lead- spirittud inter vention. Mrs. Nichols deposed to converse-
Fr ed agents at the time. It would be also shown tion about the adoption of Horne, the change of
• t 1: 'k r. visited Ireland in 1866, and that at
-
, -hi in Liverpool he reported that the his name, and the successive acts of bounty to Home.
r., Ireland were burning for the expected Mrs. Lyon talked about " The Female Pilgrim's Progress ;"
: only wanted arms. After referring to said that spiritualism and his (Home's) gifts had nothing
t c• e datea attack on Chester Castle, the Attorney- to do with her gifts to him ; that she had long wanted to
• ••• •'ial that Burke came to London in the begin- adopt a son, and in him she had found •11 she required.
" / •7. in company with several of the conspirator', -.
1i • Tavistocketreet with ft man named Massey, Mrs. Fuller deposed to the sum effect. When Mrs. Ren-
a' examined in the course of the triaL Burke I tang called she thought Mrs. Lyon's manner was very
hotly sent to Macroom to take command strange and cold, and she spoke, as it seemed
' ", Ic' ens who intended to rise in that district, but' to witness, with • revengeful kind of pride, of having
" • ,inly it partial rising ; and, after cutting the ,
""° a son' Mr. Gibson being present one evening,
l• a , the leaders absconded, and for that year • P—
rmistrismseemed to have been crushed in Ire- seated himself at the piano, and triad to play "Poor
!... ges were chipped at Liverpool for Cork, ad- Mary Ann." Mrs Lyon said it reminded her of
to I. and Co., drapers, and onbeingseizedby the I Dan, who need to play it so sweetly. Mrs. Lyon
cay were found to contain arms, which Mr. ! bad frequently spoken of her spiritual experiences dux-
- .1. as "'tin been sold by him in
Mr-
it 18 . With regard to Casey, it would ins Home's absence. Deposed to Mrs. Pepper having said
• • • •45
1" that he assisted Burke in the purchase " They get all they can out of that old woman, bat I will
" that be "wended with him- kid- I ruin that fellow Home. The old cat wants to get some
ir, '''haw, the other prisoner, was also in • boxes and things away from her husband's nieces, and I
and pubsequently at Liverpool, whore _m that fellow Home wants to rob ker."
•• told corydon that be had been assisting Burke in Bir- : just tell her
•••;ari.i. After the Chester affair Monody found his Deposed to basing seen Home write at Mrs.
Lyon's dicta.
`*l Lit,blim, and he was taken into eastody in that city, tion. Rememberedhearingthe words "a the wife of Charles
:rated at the time with • six-barrelled revolver. Lyon than the Duchies of Northumberland." Bliss Oly-
",",1,•;tor Thomson was then examined. Deposed that mow's evidence was read. Rhedeposed to bearing Mrs. Pep
ight of the 20th of November he went to CLUMP I as
i) 4'l' St. Pancras, in mummy with • man named Per ssYt "I
Will rain hiss (Hose) sure m 7 hum M
"Y. lie saw the pinion' ematnike and Casey, and on Pepper." Deposed to Mrs. Lyen having called her up at
renting with • constable in uniform, followed them 5 o'clock in the morning to post • letter, and she got6d. for
~.0:•-eps.1 them in Woburn-square. He tapped Burke doing ao. The policeman asked witsfem if the was going
Vhfuliler, and told him his (witness's) name, and
t had a
1,4 warrant for the arra* of one Richard homing um mated Home, Gad sot
to post • love letter. Mn. Lyon used to call Home her
a am nous offence. Witness told him he son. Was
togptaf
Wa •the man, and should therefore arrest Lyon. Used to 'pond • Vest deal of time the kliwkila
0 said he was not the man, and did with Mn. Pepper. After Hems returned from Torquay
' t:,%4 what witness meant. Witness heard Mrs. Lyon say du would recall her gifts,
of.:0130
1130 and that he he and
was •he replimedia:al student ed hia name
and that she me lied le • dying man. Mts. Lyon
.90,17,
I''4"." ;DIM Vitiate!. 'Old him that no asked whales if she would lika to be risk,

and offered to give her mosey i/ she only bad pluck enough
to swear she never posted • letter to Mr. Wilkinson. De-
posed to similar remarks of Mrs. Pepper's to the above, to
the bad character of Mrs. Pepper's lodgings ; remembered
Mrs. Lyon speaking of the " darling'." beautiful writing,
Kr. Dyes, a mathematical teacher, and Mr. Jeneken, the
barrister, deposed to Mr. Home's spiritual pretensions.
Mr. Jeneken deposed to Mrs. Lyon having eon/tilted him
private ;yes to her ansasinese 60 to whether her rift tp
Dan would be secure ; that she had great dislike to her
relatives and was resolved they should not benefit
by her property ; and asked his advice. He inked her if
she had ever taken medical advice as to the state of her
mind. She said she had done so, and then repeated her
former mart. He said he could not act, not being in
practice, and not being instrnoted. Referred
her to a solicitor. Spoke of a di/femme with
Home connected with the Spiritual Athenaeum;
of Mrs. Lyon's absurd conduct ; of Home's sanative
disposition and sense of his own weakness ; of Mrs. Lyon
describing Home as a dying man—of her consulting him
as to the revocation of her gifts and the re-alteration of
her will—of her talking about Chevalier's book. Had
never advised her to take legal proocedings.
Told her the stable door had been opened sad
the steed was gone, and recommended her to
live in peace at her age. Spoke to calling at Mrs.
Pepper's, being in apprehension that Mrs. Lyon was
tinder restraint, and that • crime was about to be
committed. Mr. Varley had investigated the phenomena,
and believed in Home's truthfulness and honesty. Dr.
Gully's evidence was read. Spoke of Home's delicate and
nervous constitution. Said that there were instances of
persons of more advanced age than Mrs. Lyon having
strong passions, the more no because they were sums-
tarsi. Mrs. Berry's deposition was read. Spoke of •
seance on the 7th of Jane, when the plaintiff, Emma, and
Mr. Kent were present. There were " tilts" not " raps."
The table tilted three times. That means that the questions
were to be only respectingthe affairs of herself and Home. •
shower of sweetwilliams was thrown, and four moss roses
were placed on the table, wrapped in tissue paper. At
another seance, on the 14th June, the spirit sent a mes-
sage "Go to law, and be firm." Question : " Will going
to law get me out of this difficulty?" Answer: " Doubt-
tub" Knocks came, ferns were placed on the table, and a
bunch of everlasting flowers placed in plaintiff's hand. She
seemed much pleased. Mr. Sims asked if the spirit would
walk across the room, which he instantly did in • very
loud manner, and Emma (the medium) became very an.
easy. Mr. Kent was sitting in front of witness, and the
noises came from behind. After this they had " fearful "
knocks under and on the table, and the séance finished. Mr.
Kent deposed to something of the sernekind. Mr. Chevalier,
author of • book called " Experiences in Spiritualism," said
he attributed the phenomena to Satanic influence. Mrs.
Lyon told him that reading his book bad finished opening
her eyes—that in consequence she had began bee lawsuit.
It had confirmed her views as to the Satanic influence.
Mrs. Sector said that having been introduced to the
phiintid in March, 1837, she called upon her, in con-
sequence of her kindness to Home. Deposed to converse.
Lions and a letter, showing Mrs. Lyon's affection for Home.
Said that she had the highest opinion of Home's strict in-
tegrity and honour. Mrs. Anna Maria Hall, authoress,
heard of the plaintiff for the first time in October, 1866,
at Home's house, in Sloane-street. Described the inter-
view. Found Mrs. Lyon in • shabby lodging at 18, West-
hourne•place. She received witness most affectionately,
and said she loved her, because " her son " had told her how
kind and " upholding" she and Mr. Hall had been to bin.
Described her conversation, love for Home, the vines,
prayers which she said she had composed under spiritual in-
fluence, &cc. Deposed to Mr. Lyon saying—" lam bit
(Dan's) only mother. I have bought him with a pica.
He is my son." Mr. Samuel Carter Hall said that
in October he saw Mrs. Lyon'. letter to
Home. Hearing of her intention to give him a
fortune, thought she must be insane, or of weak
mind. Deposed to calling on Mrs. Lyon, and having an
interview with bor. She said, " You are a friend of Daniel
Home," that she wished to consult whew as to settling
an independence upon him: He asked her as to her
family and relations. She said she had no relatives of her
own, and that her husband's relatis:es were rich. Told
her that adopting a person would not enrich him.
She seemed surprised and said she must alter her will.
Warned her as to the evil constructions that the world
might put on her conduct. She said she was resolved,
she had no friends to consult, and appealed to witness
not to stand in Home's way. Witness said he had no
wish to do that, but it was his duty to warn her.
Not a word was mid about spiritualism. Neither Horne
nor Mrs. Lyon told witness that a spirit had spelt out any
sentence about Dan being her son, or to that effect. Car
suited witness as to the amount necessary to secure 7001.
Denied the seance, sentences spelt out, snuff-box story,
fix.. Said that the snuff-box was given to him
(witness) in the second week In November. Mrs. Lyon,
on a subsequent occasion, thanked witness for being a kiad
friend to Daniel, and expressed • wish to make witness •
present. Witness declined, but she pressed him the
more. She took out her cheque-book and said,
" How much shall it be, Mr. Hall, three, four, or
five hundred? Well, then, we will say 3001.
now, and MO/. more when I receive my dividends is
January." Witness received the 3001 , and had since at
her request returned it, but without interest. Home, in
an affidavit, denied having dictated the letters.
The reading of this affidavit concluded the written evi-
ldeuce on the part of the defendant Home.