The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-10
LoYa BRAvCn TYCEyDrARrsm
Kavanagh's Cnse. md the complications that
have Grown Ont Of n.

LoNo BRANCH, June 9.-The case Of Kava-
nagh, who has just bccu tried on tho charge OF
being concerned In tho burning OF the barns OF
Charles Chamberlain hero in February last. Or
casiOns general comment On his first trial
the jury disagreed The majority were for ac-
quittal. On Saturday. after n tedious rctrial. he
was acquitted. There was absolutely no testi-
mony against him but that OF the two Hincsce.
who had themselves pleaded guilty They had
first made tho false afIldavits upon which he
was arrested. charging him with firing the
barns. When il came to the trial they admitted
the perjury. They had probably learned that
Kavanagh could prove satisfactory abb by
showing that he was ut home dead drunk atthe
time Of the Are. They then adm ttrd that they
set the match. hut swore that II was mt
his instigaton. Kavanagh has kent n. low
dramshop near tho properly OF Mr.. John
Hory. whose servants made II n resort Kava-
nagh had bcen for long time servant in charge
OF Mr.. HOeys play. and was supposed TO enter
tqn i'll Will townrd him because Of his Dis
charge The two lInescs had also been in Mr..
Hoey's employ. Mr.. Hoey's son married Mr..
and their families are intimate. Mr.. Chamber
lain WIS one Of the town commiss toner's who
refused to continue Kavanagh's license. Kava-
nagh attributed Mr.. Chambcrlaine adverse
vote 10 Mr.. Hocy's Influence Then Kavanagh
learned that The complaint was based upon tho
testimony Of Mcconnell. Mr. Chamhernin's
servant. through the procurement Of Mr.. Hoey.
fired in January and his barns In February
last the, cgSe looked ugly against Knvanagh;
Chamberlain Whom it was found that
the Illnesses who hal been intimate with
kayanagh., and had becn in his company
| on the day before each of their midnight burn
| incs. had been concerned in them. tho facts
Looked uslier yei ainst him, Mr. Hoey kept
! me ilinoses confined In Mr.. Pinkertons Office
in New York until they were thoroughly
pumped by the detectives. Whether in the hope
| Themselves 4. o. - a. m H.
| ting their completely they charged KnvHnagh
| With thgnctunl burning. Mr. l!oey then had
| he made one affidavit to that effect and another
| charging kgvnnagh with violation Of the FIX;
else law. EN-Judgc Bcckman. who defended
havanagh, IN his very forcblc summing up in
the llrst trial WIS severe upon Mr.. Ioey. chHrg-
| ing him with wrong headedncss in pursuing
| kuvanagh so rclentlcsalv. upon no evidence
| save that Of confessed p"riurers. one of whom
had been in state prison Tor theft, In the
| point Counsel for the prosecution. In tho first
| trinl. seemed ~ much intont on proving kavan-
| agh'- violation Of the Excise law for which
! another indictment stood against him IA on
| pressing the case in hand. By advice Of his
| counsel before his second trial for burning the
| orderly house. which Ia the technical form in
Ngw Jersey for violations OF Tho Excise law.
| When kavanngh was acquitted - the more
| serious charg" on saturday. the Prosecutor Of
| ID" ll"as moved for snninnc, on tho other in
dirment, and insisted TINT Kevannch and his
| wife. VINO were Jointly INDICTED. should both hc
| sent 10 state prison. Mr. Bcrkman argued that
there was nothing TO- Ius'iy such unusual
| severity 10 man who had Just boon acquitted
| alter lying four months ia Jail on % false charge
| and intimatcd that Prosecutor Ianning. who
| lives IN Long Branch. was more intent upon
| satisfying John Hooy than serving the State.
| Mr.. Allen. on" of the thr'e private counsel who
! Ind been assisting the state In the othcr ease.
| urged tie court 90 give kavanagh the full eN
! tent ol the law. two years in the State prison,
and they did SO. suspcnding sentence on Mrs.
| kaWnagh. There H. % < moral impression hero
| that The sentence is harsh. \ petition asking
| th" court - remit part ol the sentence is be-
INK circulated to-day and largely signed.