National Republican., 1883-06-15
ine Dynamite Men to Drag Out Miserable
Existence in Penal Servitude
Weak Testimony Against Them-Two
Of Them Declared Not Guilty,
The Prisoners Assert Their Tnnocence--A Speech by
John Bright
Importation OF American CnttIo-Earth-
quakes in South America.


tinued this morning. The court stated that
it considered the evidence against BERNARD
Gallagher and Ansburgh sufficient to be sub
mitted to the jury. Mr.. Justice Grove con.
turr ID in tho decision, but without express
lug an opinion as to the ultimate result,
thought there were grave doubts as TO the
suficicncy of the evidence against Ansburgh.
Mr.. Clark, Q. c., of counsel for the defense,
challenged the crown to point to single syl.
liable of the evidence given at the trial out
side of that of the informer Lynch, which
showed that tho intention of the prisoners
was to assail the authority of the crown or
to ovorawe parliament. He declared that
Bernard Gallagher's statement contained no
evidence against anybody but himself White
head expressed desire to address the jury
himself, aud his counsel therefore retired.
Mr.. Clarke maintained that Lynchs evil
dence was not the voluntary confession of an
honest man, who had been inadvertently led
into plot but was q calculated revelation
increasing in scope as the necessity grew Of
discriminating his friends TO save himself
There was nothing to support his statement
relative to the existence of q club in America
whose object it was to free Ireland by force.
His statements were not in the least degree
credible. The manner in whidh they were
prepared had rendered them untrustworthy.
He particularly noticed that Lynch, since the
examination of the prisoners in the Bow
street police court, had unaccountably re-
membered that the oath he took in
New York contained reference to the
Irish Republic" Mr.. Clarke appealed
TO the jury to resist popular preiu-
dice His speech was q most impressive
one. Whitehead, speaking on his own
behalf, said. there was no evidence to show
that the nitro-glycerine found in his factory
was intended for an illegal purpose. He de-
clared that 1t was meant for mining purposes,
like thousands of tons of the same article
made in England every year. The press had
exaggerated his case. He exhorted the Jury
TO deal with it impartially as they would
with any other case Ansburg declared that
he was as innocent as God Almighty of tho
charge preferred against him. He stated
that he merely met DR.. Gallagher accident
ally on board the steamer Parthia and that
he again accidentally met him in the Strand.
Mr. Rowland, Q. C., on behalf of Curtin, de-
olared that his client had been innocently
seeking work, and that DIR. Gallagher had
given him an introduction TO an old friend in
Glasgow.
If Gallagher was engaged in a plot, IL was
not likely that he would recommend a
stranger to an intimate friend for connection
with it. Curtin's acts could only be de-
clared guilty on the assumption that plot
existed, but OF this no proof had been ad-
duced. Wilson announced to the court that
as far as he was concerned he left the case
where it stood. Mr.. Mathinson, on behalf of
Bernard Gallagher argued that there was no
case against his client, as he had acted while
under the influence of liquor. He said there
was nothing suspicious in an elder brother,
who was better Off than younger one, send
ing money to the latter. He conf
IDENTIFY asked for the discharge of tho
prisoner. Mr.. Mathnson admitted that
Bernard had general knowledge of
the hostile designs of the dynamiters, but
said 1t must be remembered that he was a
resident of Brooklyn, and could not be
judged by the same standard as an English
man was. 1t was a matter of common
knowledge that plots existed in America
for the manufacture of dynamite for use
against England, almost with the connivance
OF the American government Messrs. Clarke
and Rowland protested against this language,
and declared that there was no proof that
such was the case. Justice Brett declared
that counsel had no right to mako such n
remark. He said that there was no proof of
the existence, in America, of plots or of con-
nivance thereat on the part of the government
of that country. Lord Chief Justice Col
erdge also robuked Mr.. Mathinson for his
remark. He said &c think il is only due to
our friendly relations with great govern
ment that you unreservedly withdraw your
statement" Mr.. Mathinson said he would
gladly accede to the ruling of the court.
Miss Mary Gallagher testified that she lived
II.
Gallagher. She said she had never seen
Lynch or heard that her brother was con-
nected with the Emerald club. The latter
always spent the evenings at home. Bernard
Gallagher she said, was drunkard and had
given his family much trouble. She be-
lieved he had softening of the BRAIN
The case for the defense was then closed,
and Sir Farrer Herschell, the solicitor general,
replied on the part of tho prosecution. He
Baid there was not the slightest doubt but that
Dr. Gallagher, Whitehead, and Wilson were
connected with atreasonable conspiracy. Tho
question in regard to Curtin was whether no
knew the object and purpose of the con-
gpiracy.
In Ansburgh's case the evidence as to his
guilt was not as conclusive If the Jury were
in doubt as to his guilt Ansburgh should have
the benefit of ii. In regard to the case of
Bernard Gallagher, he said the question was
whether he knew of his brothers plans and
told Curtin why he was sent to London.
Lord Chief Justice Colcridge then began
his charge to the jury. He said the crime
with which the prisoners were charged was
one of the gravest and heaviest possible.
He would not describe the caamities which
the explosives might have caused, as he do.
should consider tho facts of the case
with judicial calnnoss Society could
not exist, he said, if tho Oifense charged
against the prisoners was not within tho
grasp of the law. When IL was proved there
should not be the slightest palterng on the
part ofeitherj judges juries. IL was sufficient
for the jury TO convict the prisoners ii they
thought one or more of them had meditated
violence against public property or tho lives
OF the queens subjects for the purpose OF over
awng the government. He said the case
against DIR. Thomas Gallagher, Whitehead,
and Wilson was much stronger than il was
against tho others. The lord chief Justice !
said although IL was not required by the
letter of the law il was advisable that the
evidence of an approver should be corrobo-
rated. A large amount of American money
had been found on Dr. Gallagher when he /
was arrested. That fact tended TO confirm |
the statement of Lynch that Gallagher was
one of the chief organizers In America and |
London of the conspiracy. Although DIR. |
Gallagher's sister had been called as a wit |
ness there had been no attempt to prove that |
the money had been earned in the ordinary |
course of business. Lynch's evidence had !
been confirmed in several other important !
points, and ho believed II was generally trust
worthy He declared that the asser-
tion that the nitro-glyccrine was in
tended for legitimate purpose was
incredible when one considered the |
reckless manner in which u quantity suth-
cient to blow up half of London had been
iolted about in cabs. No legitimate trader
would have resorted to such means of convey
ance In conclusion, he said il was most inn
portant that society should he protected. and,
on the other hand, that aliens should not be
convicted of however grave crime unless on
the plparQgt Ryinpnra a