Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-04-15
EfdR.


. D1SAS. AkH1i k1-Aftef To n&n8G
meot OF kennedy. the eyid.nce eIo,s.
. Tor the defense. Dr.. Webb, tbs Ieadin,
! counsel fos the prisoners. said that b.
begged to submit q respectful proses
against any evidence being allowed /,
the casa which would bear mon Is.
sxlsfeEce OF conspiracy prior 10 Ma,
81, even though the evidences vas n
clused By that means which vouIf
tkrow light on the plot exissinc befor,
that 20 snurder Burke. The only ex
csps'on to this principle would be tia,
sne svIdeuce which oouossued tho aets
and words u The prisoner might viii
pfopfsesy and according 10 the rules al
svidsoce, b admitted IN support Of thu
position. Weob cited vAzlo0s authorj-
ties, running from she time Of Edward
70 the present. He said that thu pFis-
oners rszs first srrsisned before III
tribunal on the charge of conspiracy.
This was followed up by tbs most ssri-
Gus charge Of murder. confopd that
soch q combination Of charges j. UMPIRE
csdsntsd IN the history Of criminal
Gases The court reminded DIR. Webb
that the present indicfmens Wa mot for
conspiracy aud murder. bat simple IN.
dicsmcnt for murder. Dr.. Webb con-
INNING, said, "rhe indictment for con-
spifacy 70 murder, your honor, may only
De based on tie evidence going to shov
that there vas design to.murder some
definite psrsOnA The Law regulating
the evidence Of aidsrs and abostoFs IN
cases OF conspiracy could not bs made
70 Apply IN tho present CASE"
views
Porter. for prosecution, replied: "Ths
evidence given by KavananRh yesterday
against Brady was only Of the kind
wnicn related 20 his own doinRs prior to
s1o murder. In fact, it simply showed
navanaogh received his instructions as
" driving and waiting for Brady"
ADAMS. Tor defense, declared the
cnangs In kavanaugh yesterday, his
1oooen discovery 1t was Smith, and not
delaney, whom he drove 70 the murder
Vim Carey, was. az any one could see, a
story ooncocted between him (Kava.
nauah) and Carsy. There were other
discrepancies between tho evidences
given by the informer and that of other
Witnesses by which tina Crown sought TO
back up their psrjuries. With ons soil
tary exception no witness for the Crown
had ever sci eyes on Brady before the
9th OF May, yet they were all able to
recognizes him ~ the man whom they
saw IN Phoenix Park that day. II the
Jury believed these witnesses 10 bo mis-.
taken. then the case rested solely on
suspicious, the evidence gwen by infor-
mer OF doubtful character. The unre-
Liable character Of evidence was too
clear TO be commented ON. II the jury
would sst tho evidence of the innocent
9isi, MeaRher, against that of tbs in
former. Carey--liar and hypucrite, yea,
liar and hypoCrite, and murderer, too,
~ profession, as well a. prnctice-they
wo Id undoubtedly declarv in acsord-
ance With the facts, the probabilities aud
evidence, that Brady was not guilty.
Iho court here Said the points made
by Webb against the introduction of
evidence could not be sustained.
Adalna, in closing for the defense,
said: Heaven forbid I should ever be-
srraigned before the tribunal Of public
opinion, a. the defendant Brady has
been, in advance Of regular trial.
Brady's case has been preiudiced, his
guilt has been presumed 10 q manner
the most scandalous on record. Let not
the jury be led away and prevented |
from doing Justice before a crime awful |
in its nature is Zone, bat let them con-
slider solely the question whether Brady |
is guilty. Lot them bear in mind that |
the chief evidence against him comes |
from persons who spoke to save their |
own necks. Such evidence must ever
DO regarded with great suspicion" He |
went on to say the principals in tho |
conspiracy fed to the United States
and France before Carey and Cavanaeh
had given their testimony in the Kill
mainham examination.
Marsh, for the crown lin reply, said
the circumstances were tle fruit of
conspiracy, and not matter of per-
sonsl revenge. For this reason tbs
Grown has been able to adduce evidence
Of the existence of . conspiracy. Its
its objects and plans, a.
given BY Farrell, were such as couid
never have been conceived BY the most
skilfnl lawyer. Marsh took the evidence
OF tho various witnesses Who swore 10
having seen. Brady in Phoenix Park,
proof that Brady was there. He held
there was utter failure on the mart Of
the defense to establish an abb for
Brady. The evidence Of Little was on
tifely at variance with the actual facts.
IL stood alone. This closed the speeches.
Judge O'Brien began thecharRo, com-
menting on the evidence adduced BY
the defense to prove an abb. He said
thero was nothing, 40 far as could be
to fix the particular evening
OF May 9Th IN the mind Of one Of the
witnesses. Evidence tending n provo
an alibi vas frequently resorted to,
by womeu, when its produc-
ti0n would assist their friends. Pass
ing to the evidence Of the informers.
The Judge said although Carey had
DveFy conceivable motive and induce
nent 20 give in his evidence statements
calculated 70 serve his own purpoee, he
sAd told straightforward story, and
Dne which did not spare himself. Tho
Jury we're exh0rted to consider, how
over, IL he ~ detected swearing falsely.
that the crown would Be justified Ia
against him the same a
against the other prisoners. Ii
Judge O'Brion said that the same ,
yeneral rule Vas applicable to all in
formers, and there was no evidence in
support of the suggestion made In his I
lpeooh By his counsel. He admits that ,
he persons present in tho park a. pein-
,ipals were now all safe IN Francs or
.ho United States. The revorss vas the
,ADe. The evidence wont 70 show that
hose man who were in tho park With
Tho object 10 murder, were invinciblea,
llthouRh pers0ns o0gnixant Of the plan
night b members of that brotherhood.
ds asked tho Jury to dwell on the svi-
lenoe with solemn consideration. aud
% decide uhethar any reasonable doubt .
existed Of guilt. In making mp their
ferdict they ahould ct aside al preju-
lice1, and all the weakness that he
lusnsiy inhnencss our jsdgmsnt and