The Sun.
London, England, 1867-10-01 00:00:00

The Fenian Outrage.

MANcuEsTEn, Monday.

This morning the 23 prisoners who now stand
charged with the murder of Police-sergeant Brett,
in the attack on the prison van on the 18th of this
month, were brought from Belle-vue Gaol to the
City Police-court under military escort, and placed
in the dock. Their names are :--Wm. O'Meara
Allen, Win. Gould, Edward Shore, Henry Wilson,
Michael Larkin, Patrick Kelly (from Galway),
John Brennan, Thos. Maguire, Jobu Bacon, Wm.
Martin, John Martin, John F. Nugent, Michael
Maguire, Michael Corcoran, Thos. Ryan, John
Carroll, Chas. Moorhouse, Michael Kennedy,
Patrick Kelly (from Leitrim), Hugh Foley, Patrick
Coffey, Michael J. Boyland, and Thos. Scallay.
Mr. Robinson Fowler was the presiding magis-
trate, and, as on the preceding days of the investi-
gation, there were a large number of the city
justices and several officers of the Bth Hussars and
the 57th Regiment on the bench. Mr. W. H.
Higgin, deputy-recorder of Manchester, conducted
the prosecution ; and Mr. Cottingliain, barrister,
and Messrs. Roberts, Bennet, and Ward, attorneys,
appeared for the defence of the prisoners.
Mr. Roberts again applied to the bench to have
the handcuffs taken off the prisoners. He said
You observe the extraordinary quietude of the
streets, and the utter absence of all ground of mis-
apprehension. I ask that that may be done. The
men are there not only suffering from those hand-
cuffs, but from the fact that they have not been out
of their cells since they were first confined. Your
worship's opinion, expressed, as I understood, on
Saturday, has been productive of no good effect
whatever. They have been confined as strictly, and,
if possible, more strictly yesterday than on any of
the previous days. They come here not only
marAcled, but jaded, and with all the circumstances

which belong to the method in which they have been
kept. I ask that the handcuffs may be removed.
Mr. Cuttingham—l support that application. I
have not had the opportunity that my friend Mr.
Roberts has had of ascertaining the condition of
suffering that these unfortunate men have been in,
but I can support the application which lie makes
now to have these unnecessary and unconstitutional
restraints removed. I base my application not only
upon the ground of humanity to the prisoners, but
on the assumption that the magistrates will have
some regard to the dignity cf the lymcli and to the
feelings of England respecting the proceeding by
which this court has been scandalised.
Mr. Bennet supported the application. He said—
I have seen my clients, and they do cry out against
the sufferings they have been put to unnecessarily.
As an Englishman I cry out that my honour cer-
tainly is somewhat sullied by the men having hand-
cuffs on. It is the first tune I ever thought myself
a coward at heart, at all events the bench—l should
not say the bench, because I believe it is not the
doing of the bench, but that some officials or other
have put the manacles on and kept them on. It is
an act of dastardly cowardice, that is a disgrace to
this or any other country. Now, I am quite certain
of this, there never has been a necessity for it from
the very commencement. These men have con-
ducted themselves quietly from the first time they
were 'brought before your worships. They were two
hours uurnanacled before you, and they showed by
their conduct that they were desirous of keeping
quiet. There has been nothing in their conduct
from that time to the present which should lead you
to suppose that there will be any disturbance what-
ever. I dare pledge my honour, which I venture
to say has never been disgraced, that these men
would, if these handcuffs were taken off, be as quiet
as any other persons in this court.
Mr. Fowler—l shall only repeat what I have
said before that nobody more regrets that any pri-
soners brought before any tribunal on any charge
should be handcuffed. At the same time, for reasons
which I have already expressed on previous days, I
feel I cannot interfere.
Mr. Roberts—One of the men is suffering from
diarrhcoa, and another partially so. Wilson was in
the hospital, and was suffering in the gaol the day
before they came here. I ask you to consider. It
is cruel—wickedly cruel.
Mr. Fowler--Let a medical man be at hand.
Mr. Roberts—You must not go on until a medical
man arrives, or if you do you must take the conse-
quences of your cruelty. (To the prisoners)—You
are to be examined by a medical man, and I suppose
you will lose your handcuffs for that time.
Elizabeth Robinson was sworn. She said--I was
coming up Hyde-road, from Bellevue towards Man-
chester, on the 18th. I had not got through the
archway. I was near the wall on the right hand
side coming from Hyde. I saw a man (pointing to
Allen). I don't know his name. lie had a revolver
in each hand. I did not see him doing anything.
I also saw John Carroll, Michael Kennedy, Patrick
Kelly (Galway), and Gould. I do not recognise any
more. Carroll was throwing stones at the people.
He was among the crowd of the Fenians. Kennedy
fired a revolver against the bridge. I did not see
Patrick Kelly do anything. Gould was standing
against the right hand horse, with a revolver in his
hand. She was asked to look round carefully again,
and she then said, " There are others, but I cannot
be certain of any more that are here."
By Mr. Cottingham—How came you to say,
"They are not all here?"—Because I saw some more
that are not here. There is one prisoner I have seen
that is not here. I was not told how many were
here. No one sold the. how many prisoners I might

expectp see. The van was stopped just as I was
cbximg up "fo the arch. The firing and fighting
commenced just as I got up.
By Mr. Roberts—l have been to Albert-street
and Bellevue. I have been to Albert-street once to
identify the prisoners. I have been to Bellevue once,
but I only saw half. I was too late to see the whole.
I don't know why I was taken to both places.

Did you identify Carroll before ?—f don't know
their names. I have not seen Carroll from that day
to this.

You identified many that a.:e not here ? No, I
did not. I know these men very well. I saw others
who are not here who were very active. I have
never seen Gould before since the day till now. I
only saw half of them at Bellevue. They were not
shown to me at Bellevue. There was one at Belle-
vue who sits there. I identified him there. I
did not see Carroll at Belle-vue.
Gould, standing up —" Nor me." Witness—No.

Mr. Roberts—l am instructed to say you are
wrong.—l am sure I did not see Gould at Belle-vue.
By Mr. Bennet—l am a stranger, and these men
are strangers to me. I did not identify any of them
at Albert-street. I did not know them.

By Mr. Fowler—l mean any that were shown me.

By Mr. Bennet—l was at Albert-street a week
last Friday. I was at the City Gaol last Wednesday.
I did not see all. I was too late to see the first batch.
I did not go a second time to Albert-street. I was
at Albert-street soon after 1. It was daylight, and
I had every opportunity of seeing those that were
there. I saw four on Friday. I had seen none before
the day of the fray. I do not know when I left
Hyde. I don't know when I was at the arch, but it
was a quarter to 5 when I got to Manchester. The
first thing I saw was a man stop the horses. I was
four yards away. There was then a great disturb-
ance. I was not frightened till they began to fire. I
saw Kennedy fire. I am sure of it. He was standing
close to the archway. lam not mistaken as to Ken-
nedy.

Are you careful ?—Yes.
Are you sure it is the man ?—lf that is not the
man it is his likeness.

You merely believe ?—I don't believe ? I was as
near as I am to this gentlemen (pointhrg to one
near). I had to give way or the shot would have hit
me. lie was against the archway. There was a num-
ber round about. His was not the first shot that
was fired.

Gould raid he wished the witnes3 to say whether
she was in court when the other witness was exa-
mined. She was called back, and said—l was not.
I was in on Thursday morning a few moments with
my mistress. I was not in long. I was in by a quar-
ter past 9. There was one witness up. I did not stay
long. I came to speak to my mistress. She is not a
witness. I don't know how long I was here. I was
not here an hour.

James Mayer, examined by Mr. Higgin—l am a
barman. On Sept. 18 I was at my sister's house in
Hyde-road about 4 o'clock in the afternoon. Her
house is on the Manchester side of the arch, within
150 yards of it. I heard a disturbance, and saw a man
knocking at the door of the prison van with a hammer.
It was a hammer and hatchet combined—a hammer
at one end and a hatchet at the other. 'That man
was the prisoner Allen. I saw Larkin knocking at
the door with a stone; he had a revolver in his other

baud. I had previously heard several shots fired,

but did not see who fired them. Allen afterwards
ran down through the arch and presented a revolver
at the crowd to keep them back, for they were trying
to make a rush. Ile had a revolver in each hand, and
said, " Stand back," and shot a man named Sprosson
in the foot. Ehortly afterwards I saw the van door
opened and Brett fell out. Two men with handcuffs

ou came out of the van. The crowd then all hustled

round them. Larkin got hold of the tallest of two
men with the handcuffs on, and Allen took the other,

and they all made off across the brickcroft. I fol-
lowed in pursuit along with others.
By Mr. Cottingham—My sister's house is on the
right hand side of the road going up. There were
some people running past the door, and I ran out to

see what the matter was. I did not observe thevan

go up. lam at present out of employment. I have
been living for the last two months with my mother
in Bank-street. 1 was present when Larkin was
taken. 4 policeman came up after we had caught