The Sun.
London, England, 1867-12-14 00:00:00

THE Sti, LONOOB, SATURDAY EVENING, DECEMBER 14, 1867.

THE EXAMINATION OP THE FENIANS
COLONEL BURKE AND CASEY,

BOW STREET-THIS DAY.

It was fully expected by the authorities that a
great demonstration would be made this morning
in Bowestreet, consequent upon the desperate at-
tempt made last night to rescue Burke and Casey
from the House of Detention, and, accordingly, the
greatest precautions were taken to meet any emer-
gency that might arise. A strong body Of police
were in reserve in the station-house opposite the
police court, and the entrance thereto and the
lobbies within were well guarded by a great number
of constables. The crowd assembled in Bow-street,
however, in the early part of the morning was not
near so great as had been expected ; and those who
had taken up their position in the expectation of
seeing the prisoners as they arrived were disap-
pointed, as both Burke and Casey were removed
from the House of Detention and lodged safely in
the cells attached to the Court at a much earlier
hour than was expected.
At 10 minutes to 12 Burke and Casey were again
placed before Sir T. Henry on a charge of treason-
felony, Mr. Gifford and Mr. Poland attending on
the part of the Crown, and Dr. Kenealy appeared,
it was supposed, to defend the prisoners.
Upon the prisoners, Richard Burke and Joseph
Theobald Casey being placed at the bar,
Dr. Kenealy said that before the case was gone
into any further, he must ask leave to make a state-
ment of the reasons why he felt bound at this stage
to withdraw from the position of counsel for the de-
fence. When originally instructed the case pre-
sented itself to him under features that gave him
great reluctance to appear, but he was so earnestly
solicited by the prisoners' friends that he consented
to do so, believing that when so solicited counsel
ought not to refuse to accused persons the best as-
sistance in their power to give. And therefore
though his sympathies were entirely opposed to
those of the persons who were supposed to
be favourable to the prisoners, yet he consented to
undertake their defence, and would have fought it
out to the end, doing his best for the prisoners,
with the utmost impartiality he could exer-
cise as to difference of views. But the
dreadful proceedings of last night had so influ-
enced his mind that he could not bring to the case
that attention which a counsel ought to devote to
the cause of his clients. When a party in a cause,
or his friends, retain counsel, there is at least a pas-
sive understanding that the law is to regulate their
conduct, and that all proceedings are to be con-
ducted under the sacred arbitrament of justice, and
in its poly temple; and if that compact is broken
counsel have no right to appear. He did not in-
tend to impute that the prisoners had any complicity
in the crime of last night, but ho could not disguise
from himself that those who instructed him might
be probably supposed to sympathise with that
outrage, and that it was their duty to satisfy him
that they at least were not concerned in that act.
As they had not done so he must commit the de-
fence of the prisoners to other hands. If (added
the learned Doctor) the prisoners will have counsel,
they must not have recourse to violence. If violence
is used, they cannot have me, at least for their
counsel. Before retiring from the court, he thought
it incumbent on him to say that, notwithstanding
the misrepresentations which had gone abroad,
nothing could exceed the fairness with which the
proceedings had been conducted by the solicitor and
counsel for the Crown, and the readiness which had
been shown to afford all documents and information
which were necessary for the defence, even when
of such a nature that the Crown were not bound to
supply. them.
Mr. Norton was about to address the court, but

Sir Thomas Henry said he had understood Dr.
Kenealy to speak for Mr. Norton as well as for
himself, and he must say that the sentiments ex-
pressed by the learned doctor did him great credit.
The prisoner Burke regretted deeply that such
an occurrence should have taken place, as it seemed
to brand him as a criminal before the court.

Sir Thomas Henry said he understood that was
disclaimed.

Burke went on to say that he was deeply grateful
for the kindness and consideration he had hitherto
received from his legal advisers, who he felt bound
to say had acted without even a retaining fee, nor
had he any complaints to make of the prosecution.
But he must protest against any imputation that
any part of the responsibility of what occurred yes-
terday or any previous day should rest on his
shoulders. lie had his own character to vindi-
cate, and he intended to do so solely by lawful
means, and not by any other method that
could bring on him humiliation or injury, or leave
him unprotected as he stood now. Thanking the
learned counsel for what he had done for him 30 far,
and the Crown for kindness and courtesy, he
should, as one wholly ignorant of law, endeavour
to obtain the best assistance he could for the future.

Mr. Giffard had no objection to au adjournment
if the prisoner desired it.
Sir T. Henry said the prisoner had not applied
for it himself, nor would he be prejudiced by the
examination of witnesses, which could be read over
to his counsel hereafter.

William Day said—l carry on business at Cherry-
street, Birmingham. On the 19th of Dcc., 1865, I
saw the prisoner Burke at my office. I had the
letting of the premises, 64, George-street, Parade,
Birmingham. lle said he was desirous of taking
them, and I asked him for what purpose. lle said
he represented a mercantile house in New York,
asid that ho wished to open the premises as
a branch house. He said ho had a branch
in Paris, Manchester, and Liverpool, and I be-
lieve he said his business was the purchasing Bir-
mingham goods and forwarding them to America.
I asked him for a reference as to his respectability,
to which he replied he could not give me a reference
to Birmingham, as he was a stranger, but that he
could give me plenty in Manchester, Pads, or
Liverpool. Ile did not, in fact, give me any re-
ference, AS I told him thoseheproposed would not be
of use to him, and he should therefore agree to pay
the rent in advance. To that he readily con-
sented, and paid mo a quarter in advance,
and gave me the name of Charles Edward
Winslow. A memorandum of au agreement was
prepared, which I now proluce. It is signed by
my partner. I afterwards saw the prisoner Burke
on the premises, and after that several other per-
sons go in and out. 'When possession was given I
went over the premises with Winslow at the time.
There were neither bottles, jars, nor carboys on the
premises.

Burke—Speak out, if you please.
Witness continued—l had a new door made to
the premises on the ground floor by the rcque3t of
the prisoner, so as to allow, him, as he said, to get_
his casks in and out, and I consented to do so. I
received in all two quarters rent in advance, in
December and in March. I received a letter from
the prisoner in November, 1866, but it was not
dated on the day it was written.
The letter was read—it was one of apology for
not requiring the premises.
After that, and although the premises were never
formally given up, we found the doors open in the
month of December, and accordingly took posses-
sion. After that I went over the premises in com-
pany with Inspector Manton, of the Birmingham
police. I then found a carboy in one of the upper
rooms filled with a liquid which smelt like
petroleum. In consequence of what I had heard I
became suspicious of tilt liquid, and I afterwards
asked Inspector Manton to remove it. I also found
that one of the rooms of the first floor had been
marked out as a target, and it was perforated with
bullet holes. The size of the room, the door of
which I am now speaking, would be about 30 feet
by 12.
Sir T. Henry, to the Prisoners—You can now
either of you ask the witness any question you think
fit.-

Burke—l should like to ask one or two questions
now, leaving the cross-examination in full to be
taken when Ilhave succeeded in obtaining legal
advice.

Sir T. Henry—You can do that if you think fit.
Witness, in answer to questions then put to him
by Burke, said—The premises, before you occupied
them, were in the possession of a wood-turner. The