The Sun.
London, England, 1868-02-01 00:00:00

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 1, 1868.

FENIAN ARRESTS A 7 DLP7FORD.

GREENWICH POLICE-COURT.
The following appeared in our Latest Edition of yesterday
evening:—
James Richardson, Florence M'Carthy, and
Maurice Lyttleton, were placed before Mr. Maude
for further examination at the above police-court,
charged with treason-felony.
The men were charged with attempting to ad-
minister the Fenian oath to a young man named
James Bendall, an American, with the view of in-
ducing him to commit treason-felony.
Mr. Wontner, jun., appeared on the part of the
Crown for the prosecution, and Mr. Pulling de-
fended M'Carthy and Richardson.
Mr. Wontner said he proposed to press for com-
mittal of the prisoner 3, under the 52d Geo. 3, c.
101, which made every person convicted of admi-
nistering an oath binding any person to commit
treason or murder shall be held guilty of felony,
and suffer death, without benefit of clergy, and
any person who should take that oath, not being
compelled, should be adjudged guilty of treason,
and be transported for life, or for any such term of
years as the court should adjudge.
Some discussion then took place between the legal
gentlemen attending for the prisoners, but Mr.
Maude said it would be better to proceed with
evidence.
The following witnesses were then examined :
James Mitchell, potman at the William IV., said
he was acquainted with the prisoner M‘Carthy for
the last ten years whilst he was working at the
docks. He had known Lyttleton for about two
months. On Sunday week he saw some men in
the passage, and tney afterwards went into the
parlour, but did not see who they were. A
short time after the bell was rung, and
on his going into the parlour he saw
Lyttleton, the other two prisoners, and some
other persons whom he did not see in court. Boa-
tell and O'Leary were there. They ordered some
beer, and then O'Leary came out and told Lyttleton
to go in as he was wanted. He made a mistake
when he said Lyttleton was already in the room.
He (Lyttleton) went into the parlour, and then
the door was locked. Six persons were then in
the mom. About four minutes after he went to the
door of the room and told the people they must
leave the house. Some one inside said they should
not be three minutes before they were out. Ile did
not see any person leave, but he went to the back
gate to let the people out of the house. Lyttleton
came out first; three others were behind
viz., M'Carthy, O'Leary, and Boutell. They left the
house just as the church bells were going. A
very few minutes afterwards he saw Boutell in
custody, as he exp ected. One of the men took
hold of his collar and went in the direction of the
station-house.
Mr. Willes, for M'Carthy, said if the magistrate
would say whether he intended to dispose of the
case, instead of sending it for trial, he should
know how to act with respect to his cross-exa-

mination.
Mr. Maude said he could give no answer to such
an inquiry. He (Mr.les) knew quite as much
about the case as he did.
Mr.lVilles replied that under these circumstances
he should reserve his defence and refrain from cross
examining any of the witnesses.
Charles Shave, assistant bailiff t the Greenwich
County Court, said he knew Ma'Carthy, and also
that he was engaged at Deptford dockyard. In
September, 1865, the witness issued a judgment
summons against John M'Carthy.
Mr. Wontner was about to put certain questions
to the witness relative to expressions used by
M'Carthy on that occasion, when
Mr. Maude said he had no right toput questions
to raise a prejudice against the prisoner.
Mr. Wontner said the prisoner was in fact charged
with being a Fenian.
Mr. Willes objected to such a term being used,
the prisoners were not so charged. There was no
offence called Fenianisin, so it could not be charged
against the prisoners.
vtehretsp
etros
nt h
tea
kiFeniann g
the co au,aths e
aasn
bdotuhnadt
Mr. Wontner—The prisoners were charged with
obtaining
orth that
w
setf
to further the objects of the Fenian Brotherhood,
which was to overthrow the British rule
in Ireland.
Mr. Maude said he thought Mr.
W ontner had a
right to put the question under
certain reitric-
' ti..)ns.

Mr. \Vinci retnarked that, as his objection had

been overruled, he was glad he should have the op-

pertunity of raising it before another tribunal.

The expression " Fenian " could only hays been
used to prejudice the prisoners in the present ex-
cited state of the public mind. He thought two

years and nine months was rather too long a time
to make the prisoner responsible for opinions then
expressed.
After some further observations from Mr. Maude
Mr. Wontner said he would defer putting the ques-
tion until another opportunity.
Samuel Long said—l am a detective, and I have
known Lyttleton since the 22d December last. lie
was pointed out to me, and I watched him on that
occasion. Constable Yardley and Inspector
Ebbs were with me. I watched Lyttleton that
night from the Noah's Ark publichouse, and
three other men also, who are not now
present were with him. Two of the men that were
with Lyttleton advanced some few yards in front
of him. lie (Lyttleton) then put his hand on one
of these men's shoulder and said, " You know
what you are, and what you've got to do." I will
not, however, swear that these were the exact words.
The man said " Yes, Maurice, I know now I am a
Fenian, and I will stand by you," or 'be with you,'
I don't know which. The two went down to the
Rodney publichouse and found the other two men
in whose company they had formerly been. 'They
then met another man, and then I crouched behind
some bricks in order to hear their conversation. I
distinctly heard Lyttleton sly, " It will not want
half of that; that will blow it to the —•—; that
will blow it to sbivereens." I think that was the
word.

.Lyttleton—l have never conceived that word
Repeat it, sir.
The constable did so, and then

Mr. Willes objected against the reception of such
evidence, as it prejudiced the other prisoners for
whom he appeared.
Witness continued—A woman then joined the
three men, and Lyttleton got very much excited.
I could not understand what was said then, as they
seemed to be speaking Irish. Lyttleton, some time
after ; put up his hand and said, '6 It's high time,"
or " quite time that this Government was over-
thrown," and then I heard these words from one
of the three, " A monarchy will never do; we want
a republic, and by God we'll have it," or " we
must have it." They then left the place
I bad been watching, and all three went
to the Little Shamrock beer shop. This
took place at about half-past 11, and they remained
at the beer shop until a few minutes after 1. Lyt-
tleton,the woman, and the two men then separated,
Lyttleton and one of the men going into a house in
Dock-street. That is all that took place there.
Lyttleton—lt's time you were tired.
Witness—I know O'Leary. I have seen him in
company with Lyttleton. I know Boutell ; he is a
relative of mine. On 20th January I and three
other constables watched the house at which Lyttle-
ton lived, 103, New-street, Deptford. I afterwards
knocked at his bed-room, and sail, " Maurice, I
want to speak to you," and a voice replied, 66 lie's
not at home ; he's been out all night." I said,
" Open the door ?" but this not being done, I went
to the front of the house, pulled open the shutters,
and there I saw him in be 1. I again demanded that
the door night be opened, and Lyttleton said, " All
right." I went to the door again, leaving a con-
stable at the window. I then told Lyttleton lie
must consider himself my prisoner, and he then
told me to stata the, charge in his wife's hear-
ing. I said it was for treason-felony. He then
dressed himself, and said to his wife, " You ought lobe
gibetted, as it is you who have done this." When
he got o'itaide the house Lyttleton said, " I ex-
pected this ; I suppose it's my Yankee friend has
done this." I searched the prisoner at the station-
house, and found the memorandum book I now
produce is his coat pocket. [lli* is the book re-