The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-28

Ihave He is about thirty years OF age strong
athletic man. with dark hair saow complexion, good ea
lures dark long beard about his mouth and chin but
shaved on the cheeks In tho American fashion Though
naturally clever and confident OF his intellectual powers
he ~ not man OF education his manners are r0rgh
ana ms accent IS harsh mixture OF the Munster brogue
| and the Yankee drawl.
The prisoner having been brought 10 the bar Mr. jus
tce keogh said that since the trials had commenced
every opportunity, SO far the Court concerned
had been afforded the prisoners In conducting their de-
fence to with their relatives In the pre-
sent ease the wife Of the prisoner had been allowed
81. a. Inc .avsreIs bar in front Of the dock which was
Of aordng increased facilities to tho prisoner in commu
nicating with his legal advisers However, that priv
ege had been taken advantage OF and its conditions vio
lated by the conveyance to the prisoner OF articles pro
hbited by the prison rules The person acting could
Dc held responsible 70 the Court In ct/iuencc Of
such violation Of the privilege the Court would not
allow any further communication to be held with the
RI soner-My Lord, would you PUNISH person before
You have evidence OF his guil.2
Mr. Justice Kcogh-I have no doubt Of it, The war.
which must have been transferred TO you by some
person.
Prisoner-Yes and the wardcr searched me on leaving
the dock and did not fnd'thcso articles upon me.
Pierce Maggie, the informer, then sworn. The
Solicitor General was about 70 examine him, when
The prisoner inerposed and said he wished TO address
a few words TO the Court
Mr. Justice Keogh said that the interruption could not
be permitted. II tho prisoner had anything say he
shond cohlmuncatc II through his counsel.
Mr. Dowse observed that counsel had control over
did not wish to be defended BY counsel ''"'
Prisoner--l have seen the course the crown has
adopted in proceeding with my trial heard the jury
said 10 thirty or forty gentlemen What did that neanY
1t meant that tho crown was determined -
Mr.. Justice Keogh-We cannot permit this.
Prisoner-I believe this trial is legal farce, and
won't be party TO II by being represented by counsel
MI Dowse sald counsel were quite prepared to con-
they would at once withdraw
Mr.. Justice Keogh-I have 70 express my regret that
the prisoner has not left himself In the hands of the able
counsel who have hitherto defended the prisoners
Prisoner fully concur with your Lordship with
gard 10 the ability OF the counsel want to know
the papers and documents which the Crown will rely
for my conviction.
The examination of Nagle was being again proceeded
less should take seat the prisoner 10 be able
to assist him with the documents.
Prisoncr-I don't want the assistance Of Mr. Lawless
at all. only want the documents
Mr. Lawess then took his seat near the prisoner and
Mr.. Justice Keogh directed that he should be supplied
with pens and paper and receive every facility for
Quoting his own defence.
Pierce Nage was then examined by the Solicitor Gen
era. His evidence in every respect idc teal with
that given on the four previous trials In the progress
oft.
handwriting, and as gentleman--an experts here
wish him TO be out Of court during the examination.
Mr. Justice Keogh-Ccrtanly. In Mr.. Chabot here
Mr.. Andcrson-No; he is in the witness room.
Mr. Justice Keogh-Let him remain out of court.
Prisoncr-And also any other witnesses that you in
tend to examine in coroboration OF this witness.
Mr. Justice Keogh-Let oil the crown witnesses be put
out OF court
Mr. Justice Koogh-They have nothing to say TO the
corroboration Of the witness.
prisoner-oh bat they have sec little further in
Mr. Justice Keogh-very well; let all those who have
not been examined leave the court
Witness then examined Nagle for several hours,
putting the same questions over and over again, and In
boring TO involve him contradictions that would shake
his testimony which, however, he entirely failed do.
After badgcrfng the with questions for long
time the prisoner asked-Were you discharged from
the office Of the irish Papep iwas by James OConnor
e. thQ nav I hat
Did you apply to any one 10 be taken backf did;
went to George Hooper and he told Thomas
Clarke Luhy went 10 him. and he down and told
OConnor that nothing Of the kind would again
Were you thankful TO MI. Luby for r Twas And do
servitude2 did my duty no you believe your con
science that you did ANYTHING wrong in thafor which
you must answer to Almighty God some dayf CHE wit
ness hesitated for some tme)
A Voice in the Rallerv-Anawer
Mr.. Justice Keogh-who spoke In tho gallery
Crier--This is the gentleman, my lord.
Mr.. Justice Keogh-Let that person be removed from
court instantly, and do not allow him in again.
The person in question wns removed and the
examination OF the witness resumed.
Prsoner-Then you feel you have done no wrong TO
Mr. Luby, not even ingrat,tudca don't consider il
wrong. Don't you consider ingratitudc wrongY !
don't know Did You not feel AT the time that you
thankful to him9 did DO you mean tol say that you
have not done wrong and acted ungratefllly TO hmY
am bound here to out Do you feel in your
science that you have acted badly the manS
Partly. You have qrams Of conscience the materf
No. If you dying would YOU make a matter Of
conscienceY ! won't say what would do.
irSoner-l submit the court VIII make H.
Mr.. Justice Keogh--You may ask him the question
Prsoner-Do you feel In your mind f you 10 die
in an hours time yon would make II act OF confes
sion9 don't think would make IL aN Of confes
sion.
Mr.. Justice Keoeh remarked that the pIoongation or
the examination calculated TO njnre the prisoner
One OF the jurors remarked the jury was Of he same
OPINION and his lordshp added that u was hard 10
nnn following mp line of examination that could do him
no good.
After further heightened cross. examination the
handwriting in the book,
" .:tl.
come 10 intcrposc as extravagant latitude had been al
lowed 10 the prisoner The court could not allow public
time to DO wasted
The prisoner said his object was to get evidence Of
handwriting In tho book at certain dates 10 dsprove al
legations Of his being elsewhere than in Dublin, and put
several further questions on the handwriting In the
book.
Mr.. Justice Keogh again refused 10 permit tho exam
nation.
Tho prisoner submitted that he entitled pursue
H. Tho witness was q professional swearcr, who had
been swearing for nine or ten weeks for the Crown and
" he not allowed to examine him Tor day two
Mr. Justice Keogh--ws shall not allow that line Of cx
Prisopcr-we are nj issue there "a langh)
Mr.. Justice Fitzgerald-This Ia abuse Of the pr
vege OF croesexamiDaton We are satisfied II n waste
| Of time.
Prisoner-T am not satisfied Twenty years is long
time and want to make the best use Of the few days
Mr. Justice Keoeh-You have already heard the ruling
OF the Court II you have any relevant question 70 put
70 the witness We will hear III not, We must SEND him
The witness was then cross examined a. 70 certain
menis which he stated TO be in the handwriting Of the
prisoner but his direct evidence not affected In
ply TO further questions he admitted that he changede
dnte character given him by Rev Mr. Hyiand when
seeking situation IN Dublin but that be0re no receiv
ed the situation of clerk In 81 Lawrence 0Tooles Roman
Catholic chapel he explained 10 the Clergyman ther5 the
circumstances under which the alteration had been mndc
He also said that he had got situation 10 the Dublin
Mechanics Institute through the influence or Hopper
and Iuby After taking the witness through the entire
OF the informnons made by him before the magistrate,
the prisoner said he had nothing more 70 ssk HIM
Tho court adjourned Al quarter past three for fifteen
l minutes.
| When the Judges were about leaving the bench,
The prisoner saidWill your lorships order me some
refreshmeni7
Judge Keogh-C Certainly. You may get him some re-
| frcshment
have not bad good meal since James Stephens vas
| liberated
Mr. Lnwlcss then said that no would get tho prisoner
| glass OF wnc TO which the Court assented.