The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-01
THE FENlAN TRIALS.
SPECIAL CORRESPONDENCE of Tine HERALD


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SPECIAL CORRESPONDENCE OF THE HERALD.
Tao Irish Special Com mission Fell
oDy and High TreasoR-True Bills for High
Treas0n-Counsci Assigned by the Grown
Escape ola Wounded Fenian-NIassey Turn
Ing Queens Evidence-The Irish Church.
DUBLIN. April l6. 1857.
The special Commission issued for the trial Of Fenan
prisoners In the city Of Dublin was opened Monday
the 9Th instant with customary formates Chief JUS
tce Whtsside Justice Fitzgerald and Baron Deasy pre-
siding. This commission has been looked forward to
with great anxiety by many and with interest by all
classes In Ireland It Is considered that 1t will mark
important point in the history Of the country.
During the progress OF the State Trials OF ISlS difficulty
was dealing with minor political prisoners
those whose crimes Of such nature a. 70 make
II desirable they should be indicted for the extreme
offence Of high treason. To meet such cases In the
future the act known a. the Treason Felony act was
passed. This demands chiefly. proof Of conspiracy
combination for the concocon Of designs nimca the
authority Of the reigning soveregn-thus dealing with
actions preceding the overt acts Of positive war; which
the old High Treason statute declares DO shown as
proofs Of intention.
At the late special commission all the prisoners were
tried this act but those identified as leaders in the
recent outbreak 70 be tried for the extreme
offence Of high treason. In addition to this fact public
interest excited 10 hear the maiden charge OF the
newly created Lord chief Justice, who has been styled
"hs orator Of the Irish barr From an early hour all
the available space In the court house occupied by
highly respectable citizens several ladies being accom-
modated in the gallery.
The Attorney General the Solicitor General Mr. Long
field, q. C. Mr.. Macdonagh, Q c.; Mr. Beytagh. Mr..
Owen and Mr.. Hamilton attended on the part Of the
Crown.
gerald attended to watch the proceedings behalf or
some Of the prisoners
The charge occupied some hours in delivery, but Il
esion At its conclusion the Grand Jury retired to
consider the evidence submitted by the Crown and sub
sequenty handed IN true bills for high treason against
Edward Duffy, John Flood, Patrick Meares, Patrick
Doran, George Connolly, Jarleh Mooney Henry Fgate
wnelan, Christopher Byrne, Luke FuIlan, Laurence
Fuam James German. ference Kelly and John Beirne.
inst This day the Court again, and the prisoners
above named were put forward TO have counsel
them and other necessary formaites complied with.
General Burke the first arraigned.
The Lord Chief Justice informed him that he stood
committed for the crime Of high treason That copies
Of the indictment would be furnished him. and also
list Of the panel Of jurors by whom he would be tried
and Of the witnesses to be examined. Ten days would
be allowed for the preparation Of defence, aud the
oath the trial would be proceeded with.
The Prisoner-Am I to understand that can receive
copies Of the indictments and lists Of witnesses now
The Attorney General said he would receive them in
the course Of the day or TO- morrow.
The Lord Chief Justice-If his trial is to take place
the 24th they should be delivered to him to-day You
entitled to ten clear days before your trial. and they
will be all delivered TO you at the same time you
have any attorney or counsel name them now and they
will DO at once assigned to you
The Prsoner-As 70 my COUNSEL l would ask for
Messrs Butt and DOwso
The Lord Chief Justice-Let them be assigned.
The Prisoner-For my attorney l would select Mr..
The Lord Chief Jussice-Iet him be assigned, and
let him have free access % the prisoner The prisoner
was then removed.
John (Captain) M'CaGerty next put forward
The Lord Chief Justice informed him OF the purpose
for which he had been put forward the terms
which he addressed 70 the prisoner Burke.
MCaferiy-i wish 70 have copies or ali the evidence
against me- the lists Of the jurors and situated ~ am
iwi have e "s accept counsel u, -. 49,, ,,,
time and they win be assigned you II you name them
the Court will assign them TO you At once also, II
The prisoner named the same counsel and attorney
named by the previous prisoner, who were accordingly
The prisoner asked II he could make statement for
the press and informed by the court that no could
opportunity hereafter He was then removed.
Edward Duffy, John Flood and Patrick Meares were
next put forward, and received similar ntmaon from
the court TO the purpose for which they had been
Duffy and Flood named Messrs. Butt and Dowse -
counsel, with Mr.. Lawless as attorney.
Meares selected Mr.. Butt and Mr. OLoghlen as coun-
sell with same attorney.
Patrick Doran, George Connolly and JarIeth Mooney
Doran had Mcssrs Butt and .OLoghlen assigned him.
The other two prisoners selected Msssrs. Butt and
Dowse. Mr.. Lawicss, attorney
Thomas Joseph VIM Clarke, John Hughes and Joseph
whelan named Mr. Heron and Mr.. Curran, with Mr.
Clarke selected Mr. Butt and Mr. Dowse. Mr. Kane
solicitor; and Hughes had Messrs Butt and OLoghsn
assigned him. with Mr.. LawIess, solicitor
Luke Fuam Laurence Fuam, James German and
Terence Kelly next placed In the dock.
The Fulams named Messrs. Butt and Dowss. with Mr..
Iawless. solicitor. German named Messrs. Butt and
Dowse with Mr.. Ennis solicitor; and Kelly selected
Mr. Heron and Mr. Curran with Mr. Fitzgerald. solicitor.
These were the las. Of the prisoners put forward
An amusing incident occurred prev i0us TO the ad
tournament OF the court The Attorney General request
Cd a posponement Of the cascs Of three prisoners,
Henry Figae John Beirne and Christopher Byrne, who
were suffering from gunshot wounds, and who, he
stated in such bad state that death would cor
tainy follow any Immediate attempt to remove them
Police were in the hospital with tnem and when pro-
nounced III for removal they would be brought 70 trial
Scarcely had permission been accorded on the grounds
named when hasty messenger arrived IN court with
information that OF the men had left the hospital
managing to- elude police nurses and attendants: An
search has been going on all day. but up to tho
present the police have not succeeded in re-capturng
the fugitive.
The Crown declared their intention OF proceeding
with the Of the two hundred prisoners. who arc
10 be tried under the Treason Felony and Whiteboy acts
TIL after the conclusion OF those already brought for
the court was formally adjourned until Monday next,
when further adourumens till the oath inst VIII take
Il viii be observed that the OF General Massey Is
not among those put forward for trial. which circum
stance seems to confirm assertion which IL very gen.
orally believed he has consented 70 become Queens
evidence and thus secure the cemency OF the Crown.
This has not been officially announced The authorities
guarding such points with jealous care but probably In
INV next despatch will be able TO state whether the
report s true false.
Notwithstanding the preparations for the sierra pun
shment OF participators in Fcnianism, Its emssares
ara known 10 be still AZ work In the city Within the
sst week two men, named Harding und NELL, have
been arrested for tamperng with soldiers and trying 70
induce them TO join the ranks Of the Irish republic.
man named Thomas Egan has been arrested under sne
lord Leutenanrs warrant and lodged in Mountjoy
prison, and person giving the name Of Thomas Cleo