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

TIIE SUN, LONDON, SATURDAY EVENING, DECEMBER 14, 1867.

been found guilty of a breach of the peace.
The safety of the community imperatively calls for
the adoption of the sternest means of repression
that can be employed with consistency. Hastiness
of thought or action will not be in keeping with the
treatment of so great a crime, and let all be as calm
as they can in the consideration of the matter, in
order that the restraining influence of public
opinion may be exercised in the fullest and most
fitting manner—a manner which can alone avail
to serve the desired end, and gain the object which
ought alone to be held in view—the prevention for
the future of such deeds of violence as those which
have recently startled the public, deeds for ever
branding the name of Fenianism with reproach and
infamy.

THE authorities at Dublin Castle have at length
taken measures to suppress those funeral proces-
sions which appeared to be spreading through the
sister island with the rapidity of an epidemic. A
proclamation under the hand of the Marquis of
ABBRCORN, and countersigned by the Arch-
bishop of DUBLIN, the LORD CHANCELLOR,
the hunt CHIEF SECRETARY, the COMMANDER-
IN-CHIEF, Judges KEATINGE and KEOGH, the
MASTER of the ROLLS, the VICE - CHAN-
CELLOR, and the ATTORNEY-GENERAL, has been
issued, forbidding the processions advertised
for to-morrow in the city of Kilkenny and the
town of Killarney. These were the only places so
" proclaimed " up to Thursday night, but as such
proclamationscan be applied to any town in which
similar gatherings have been announced, there
can be little doubt that the LORD-LIEUTENANT and
his Privy Council will not hesitate to multiply
them as circumstances may require.

The text of the interdict sets forth that placards
of the intended meeting have been circulated,
stating that it is to take place "in honour of
" certain men lately executed at Manchester for
" the crime of murder," and calling upon Irishmen
to assemble in thousands for the said procession.
It goes on to show that gatherings of a similar
character have already taken place in different parts
of the United Kingdom, at some of which, and par-
ticularly at that which was held in Dublin, " lan-
" guage of a seditious and inflammatory character
" was used, calculated to excite discontent and
" disaffection in the minds of her MAJESTY'S sub-
" jects, to create and animosity amongst
" them, and to bring into hatred and contempt
" the Government and Constitution of the
" country." Therefore, "as such meeting, proces-
" sion, and object are not legal or constitutional,
" are calculated to bring the Government into
" hatred and contempt, and to impede the
" administration of justice by intimidation
" and the demonstration of physical force," it
has been thought advisable to prevent them, as
they would " only tend to serve the ends of factious,
" seditious, and traitorous persons, and violate the
" public peace."
If the tendency of such meetings is, as the pro-
clamation asserts, to subvert the Constitution, to
stir up disaffection, and to keep alive the spirit
of sedition, few will be inclined to blame the
Irish Executive for having endeavoured to put
a stop to them. As long as the processionists
confined themselves to legitimate objects, pointed
out what they wanted in the way of redressing
grievances, and made out a case for the extension
of political privileges, these gatherings were clearly,
as the PREMIER and the CHIEF SECRETARY for
IRELAND lately declared, " within the law." But
when treason is openly talked to a sensitive
and excitable people, it may become impossible
for those who are responsible for the preserva-
tion of law and order to look calmly an, and to
make no efforts to maintain the public peace.
The Government construed the Party Processions
Act as liberally as it could possibly do, and the
abuse of the leniency displayed in not interfering
with the processions in Dublin, Cork, and Limerick
is a sufficient justification for the prohibition of the
intended gatherings at Kilkenny, Killarney, and
elsewhere.

THE EXAMINATION OF 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 Bowsetreet, 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 noly 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 he 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 113Y0 COUIIB. 1,
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, 33 it seemed
to brand him as a criminal befure 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. He 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 so 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 Dec., 1865, I
iaw the prisoner Burke at my office. I had the
letting of the premises, 64, George-street, Parade,
Birmingham. He said he was desirous of taking
them, and I asked him for what purpose. He said
he represented a mercantile house in New York,
mid that he wished to open the premises as
a branch house. He said he bad 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 be
could give me plenty in Manchester, Paris, or
Liverpool. Ho did not, in fact, give me any re-
ference, as I told him those he proposed would not be
of use to him, and he should therefore agree to pay
the rent in advance. To that ho readily con-
sented, and paid me a quarter in advance,
and gavo me the name of Charles Edward
Winslow. A memorandum of an agreement was
prepared, which I now produce. It is signel 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 request 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 requiting 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 the 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 ono or two questions
now, leaving the cross-examination in full to be
taken whoa Wave 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

door I found open was at the back part of the
building. I did not go into the cellars on that
occasion, as they were very dark. The inspector
of police was not with me then. I went over
the premises frequently after I had taken pos-
session, but when I first entered the premises
after you had quitted them I saw the carboy I have
spoken about. It is now iu the possession of the
Birmingham police.
Burke—Could the contents of the carboy have
been used by the previous occupiers of the house in
their business?

Witness—l don't know. I should say, however,
we were not agents for the premises at the time.
Burke—Your Honour, I will defer further cross-
examination until I have procured counsel. The
witness, of course, will be iu attendance on the
next examination.

Sir T. flenry—Yes, certainly.
Ferdinand Fredrici—l live at No. 9, North-
crescent, Bedford-square. On the 28th of Jan., in
the present year, two persons came to lodge at
my house. They occupied two rooms on the se-
cond floor. The two persons went by the name of
Coleman and Fletcher. The rooms bad been en-
gaged for them previously by another person.
Fletcher remained a fortnight, and the other five
weeks and a half. Whilst they remained at my
house some persons came every day to see them.
I afterwards went to Dublin. I there saw
the person whom I knew as Fletcher.
It was General Halpin. I was present
at his trial when he was convicted. I be-
lieve him to be the person who lived in:my house
in the name of Fletcher. Whilst the person lam
speaking of remained with me I had a seryant named
Emma Leyton. She would open the door to all
visitors. Coleman always paid the rent.
Sir T. Henry—Do you wish to ask the witness
any questions ?

Burke—l think it will be judicious in me not to
invade the province of my counsel, so I will defer
all further cross-examinatiou of the witnesses.

Eliza Coppins—l live at 65, Norfolk-terrace,
Bayswater. In the January of the present year
I was living at 107, Great Portland-street, with
my father, brother, and sister. My father rented
the house. In January of the present year I re-
member a man corning to live there in the name of
Farioli. lle occupied the parlours. Whilst Farioli
lived there, another man used to come to the house,
who also gave the name of Farioli. I saw that
person in Dublin. In Court he pleaded guilty
as General Farioli. Farioli used to visit the other
person in Great Portland-street every morning, and
remained until about six in the evening. They
generally appeared to be engaged in writing all day.
Whilst the two persons I have spoken of remained
in Great Portland-street they were visited by other
persons.

Mr. Puland--Call Massey into court.
On Massey making his appearance the wit-
ness at once identified him as one of the
♦isitors to Farioli. She further went on to say
the other man was a tall, fair person. I used
to open the door to all visitors. They never gave
any name when they came, but always walked
straight into the parlour. I never recollect any
other persons calling upon Farioli but Massey and
the tall, fair man. When Farioli and his friend went
out they always locked the door and carried away
the key.
Mrs. Ann Lambert—Lreside at 51, St. Anne's-
street, Liverpool. In Sept., 1866, I kept a commer-
cial hotel, 40-42, Lord Nelson-street, Liverpool. I
recollect Inspector Home and Major Gregg coming
to search the house. Previous to that I believe a
person like Burke lodged there. I cannot swear it
is the same person. If it is, ho is much altered.

Mr. Giffard—You are not asked to swear. Have
you any belief that either of the persons lodged
with you ?
Witness—l cannot say.
Mr. Giffard—Pray, madam, be careful. Have
you not told Mr. Poland that you believed the
prisoner Burko to be the man ?
Witness—No, I've not.
Mr. Giffard—What? have you not said you be-
lieved him to be the man. I must have arm answer
to the question. lam afraid you know you are not
answering it. What is your belief ?
NVitness—l said to the gentlemen you point to
(Mr. Poland of the Treasury), that I thought it
was the man, but I could not say for certain. The
person I was speaking of gave the name of
Winslow.

Mr. Giffard—Have you never told Constable
Clark that you were certain the prisoner was the
man ?

Witness—No, I have not.

Mr. Giffard—Pray, be careful. Have you seen a
person here named Corydon, and shaken hands
with him ?

Witness—Yes ; but I've not shaken hands with
him.

Mr. Giffard--liave you never seen Corydon and
the prisoner Burke together ?
Witness—l cannot say for certain that I have.

The witness then went on with her evidence in
chief. She said—l recollect some haversacks being
found in our house. I knew a person named Deasy ;
he lodged at the house at the time, and also another
man named Thomas Burke. A person named
O'Brien lodged in the house also at the period I am
now speaking of, and also a 1)r. Beacher. His
luggage was in the room occupied by Winslow.
By the prisoner Burke—l kept the hotel for 12
mouths. It is nothing unusual for persons of the
name of Deasy, O'Brien, and Burke to lodge at my
house. All the lodgers invariably partook of the
meals at one table in my house, as I had but one
dining-room.
Mr. Miles Lambert—l am the husband of the
last witness, and at one time kept a commercial
hotel at Liverpool. I recollect a person named
Winslow using the house in 1866. The prisoner
Burke is the person. I don't take the active manage-
ment of the house, so I cannot speak so positively as
to all persons who sleep in the house, as I carry
on another business in the town. I recollect
the police searching the Lord /Nelson, and
finding the haversacks. The prisoner was at the
Lord Nelson one or two days before that time. At
this time I saw Timothy Deasy, Thomas O'Brien,
and O'Connor at the Lord Nelson. But I don't
know Corydon.
Mr. Giffard—But didn't you shake hands with
him this morning iu this court?
Witness-1 don't know him for all that. Corydon
said he knew me, and with that I shook hands with
him. I did not see Winslow when he left the Lord
Nelson for the docks.

William Horne--I am an inspector of the Liver-
pool police. On the 12th of September last year I
went to the Lord Nelson Hotel at Liverpool. Major
Gregg, the chief of the police, was there also. We
went armed with a warrant to search the house of
Miles Lambert. On going into a room on the third
floor I found 25 haversacks ; they were lying loose
underneath the table. I have seen the prisoner
Burke, or, as I know him, Winslow, on several oc-
casions in Liverpool, and also at Lambert's lust
year, before the search.

Burke—Will you swear that you hare seen me at
Lambert's?

Witness—No; but, speaking to the best of my
belief, I have seen you there prior to the search.
Burke—Do you know how I was dressed ?
Witness—No, I do not.
Burke—Do you recognise me by my features?
Witness—Yes ; you might have been a little
stouter then than now, but I recognise you princi-
pally by the features.
Burke--Then I am not much changed ?
Witness—No, beyond being somewhat thinner.
You wore a moustache and whiskers at the time I
am speaking.
Emma Leyton—ln January of the present year I
was servant to Mr. Fredrici. I recollect two par-
sons coming to lodge in the house of the names of
Coleman and Fletcher. They occupied two rooms
on the second floor. I used to attend on them.
Fletcher remained about 14 days, and Coleman six
weeks. I don't know the names of the persons who
visited them. I was present at the trial of General
Halpin. Ile was the person whom I knew as Flet-
cher. I recollect Massey coming to my mother's
house on Sunday morning. At that time I think
Fletcher had left, but Coleman was still stopping

at the house. In Dublin a person was
pointed out to me as Farioli. I saw him
both in court and in prison. I was in court
when he pleaded guilty. He used to come to
see Mr. Coleman every day, but some times he used
to come twice a day. I recollect a number of per-
sons meeting at my master's house on Sunday night.
There were about 7or 8 present. I think it would
be about the second Sunday after they came to live
there, which was at the end of January of the
present year. I went into the room in which the
persons were assembled, but I did not know any
of them but Mr. Coleman. I went in to ask if
they wanted any more candle. It was 10 o'clock
when I went upstairs, so 1 cannot say at what
time they left.
By the prisoner Burke—l did not let in all the
people who came that night. Mr. Fredrici opened
the door to some of them. I don't recollect ever
seeing you call at the house. Neither were you at
the meeting I have spoken of.

Mr. Poland said that was as far as he proposed
going on that occasion, and therefore ho had to ask
for another remand, on which day he should be pre-
pared with further material evidence.

Sir T. Henry then remanded the prisoners for a
week.

Previous to Casey leaving the dock, addressing
the magistrate, he said—l must ask leave to declare
here my entire abhorrence of the crime that was
committed yesterday. I cannot find words to ex-
press what I feel—my horror that such a crime
should be committed by any persons whatever.

The Fenian Outrage in Clerkenwell.

LATEST DETAILS.

This morning at an early hour a large number of
persons congregated round the precinets of Clerken-
well Police-court, under the idea that the three
prisoners last night arrested on the suspicion of
being concerned in the diabolical attempt on the
House of Detention would have been brought
up for examination. They were, however, dis-
appointed, as they will be brought before Sir
Thomas Henry this afternoon at Bow-street. The
woman who, during the night, attempted suicide is,
thanks to professional skill, now sufficiently re-
covered to appear before the magistrate.
On inquiries made this morning at the St. Bar-
tholomew's Hospital and the Royal Free Hospital,
it appears that no further deaths have occurred, and
that the majority of the sufferers are slightly im-
proving. Great misery and destitution, however,
has been inflicted upon the dwellers in
the immediate vicinity of the explosion,
and those who arc not ousted from their
wretched domiciles or sustained bodily injuries,
suffer from almost every pane of glass in their tene-
ments being shattered. One publican, a consider-
able distance from the spot, has his plate glass
completely smashed. A curious fact is that of the
policeman who pursued the person who set light
to the train ; so great was the force of the explo-
sion that it tore his great coat completely from his
shoulders, besides stunning him.