Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-14
PRISONER TO HANGED NAY
A Brief Compendium Of General Euro.
pean News.
GREAT BRITAIN.

DUBLIN, April 13.-The trial of Joe
Brady continued this afternoon. Defense
called clerk named Kennedy, who swore
he spoke to Brady, who was accompanied
by girl on Dcminick street, between 5
and O'Clock on the evening Of May 6. He
recognized Annie Meagher, who testified
yesterday that she was with Brady that
evening as 2 girl. Witness said also he
met Brady the following day. The latter
declared the murders would ruin the cause
of Ireland. Upon the conclusion of Ken
Eedy's testimony the defense announced
they would call no other witnesses. Argu
ment Of counsel for the defense and
prosecution followed. The Judge finished
the charge at 3:13, when the jury
retired, were absent but a short time, and
returning to the court room announced
that they found Brady guilty of the muir
der of Lord Frederick Cavendish and
Burke. Brady was immediately sentenced
to be hanged. DR.. Webb moved for an ar
rest of judgment, and alleged that under
the crimes act the jury which heard the
case was not legally formed. The judge
refused to grant DR.. Webb's motion. The
the 18th of May. The jury was out forty
minutes.
After statement of Kennedy the evidence
closed case of the defense, and DR.. Webb,
o, c.. leading counsel for the prisoner.
said he begged to submit a respectful pro-
test against any evidence being allowed in
this case, which would bear upon the ex-
istence of a conspiracy prior to May g.,
! Id 4l,,&
means which would throw light on the plot
existing before that date to murder Burke.
The only exception to this principle would
be that evidence which concerned the
words and acts of prisoner, might with
propriety and according to the rules of
evidence, be admitted. In support Of his
position, Webb cited various authorities,
running from the time of Edward I. down
to the present. He said, prisoners were
first arraigned before this tribunal on the
charge of conspiracy. This was followed
up by the more serious charge of murder.
I contend such combination Of charges is
unprecedented in the history of criminal
cases"
Tha court reminded DIR. Webb that the
present indictment was not conspiracy and
murder, but the single Indictment Of muir
der.
Dr.. Webb continuing-"The Indictment
for conspiracy to murder, your honor, may
only be based upon evidence going to show
there was design to murder some definite
person. By the law regulating evidence OF
aiders and abettors in cases of conspiracy
could not be made to apply in the present
case"
Sullivan for the defense, in his argument
supported these views.
Porter, for the prosecution, replied that
the evidence given by Kavanagh yester
day against Brady was the only kind which
related to murder. In fact, it simply
showed Kavanagh received his instruction;
as to driving and waiting, from Brady.
Adams, for the defense, declared the
change in Kavanaghs evidence yesterday
his sudden discovery that it was Smith ant
not Delaney whom he drove to the scene
of the murder, with Carey, was, as any ont
could clearly see, story concerted be
tween him, (Kavanagh) and Carey. There
were other discrepancies between the evi
dence given by the informers and that Of
other witnesses by whom the crown sough
to back up their perjuries. With ont
solitary exception, no witness for thu
crown had ever set eyes on Brady before
the 9th of May, yet they now claimed with
one accord that they we're able to recog
nize him as the man they saw in Phoeni'
park that day. If the jury
believed these witnesses to b.
mistaken then the case rested solel,
on suspicious evidence given by informers
The doubtful character and Unreliabilit.
of their evidence were too clear to be com
mented on. If the jury would set the evi
dence of Sn innocent girl, Meagher, agains
that of the infamous Carey. liar and hypo
crite-yes, liar and hypocrite, and murder
or, too, by profession as well as !practice
they would undoubtedly declare in accord
ance with the facts, probabilities and evi
dence that Brady was not guilty.
The court here said the points raised b.
DR. Webb against the Introduction OF evI
dence could not be sustained.
Adams, closing for the defense, SAID
''Heaven forbid I should ever be arraigne(
before the tribunal of public opinion, a
the defendant, Brady, has been, in advanc
of the regular trial. The Brady case ha
been prejudiced; his guilt has been pre-
sumed in a manner most scandalous. Lie
not the jury be led away and prevente
from doing Justice, because the crime
awful in its nature, but let them conside
solely the question, whether Brady
guilty. Let them bear in mind that til
evidence against him comes from person
who spoke to save their own necks. Sue
evidence must ever be regarded with grea
suspicion" He went on to say the princi
pals in the conspiracy had fed to th
United States and France before Care
and Kavanagh had given their testimon
in the Kilmainham examination.
Naish, for the crown, in reply said tn
circumstances of crime are not doubtet
It is equally conceded that it was the fru
of conspiracy and not matter of psrsoni
revenge. For this reason the crown has bee
able to adduce evidence Of the existence
q conspiracy. The account OF the organ
cation into the objects and plans given
Farrell was such as could r 1ave bee
concocted by the most al lawye
Tbs counsel then traced tnc oonnectin
links of evidence. 1t had been shown tn
Brady was absent from his work the b
and 9Th of May. The book t1mekeep
established this fact. It was also prove
that he made an inquiry for Burke the D
OF May. This appeared from the undi
puted and indubitabIe evidence of I'll
lodge keepers wife. The fact that Kaval
agh amended his evidence did not di