Omaha daily bee., 1883-04-16
All Rules Of Evidence and Grim
inal Procedure Said to
Have Been.O Over.
stepped.
A Review OF the Case, the Evil
dence, Speeches Of Coun-
eel and the Judges
Charge.
Affecting scenesin tn. Court Room
Tho Prisoners Manner.

DUBLIN, April 14.-The evidence
of Kennedy closed the case for the dc.
tense.
DR.. Webb, the leading counsel for
the prisoner, said he begged to submit
q respectful protest against any evil
dence being allowed In this case
which would bear upon the existence
of a conspiracy prior TO May Sd, v 9
though the evidence were excluded
by that means which would throw .
light on the plot existing before that
day to murder Burke. The only eI.
oeption to this principle would be that
evidence which concerned the words
and acts Of the prisoner which 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 pres.
emit. He said: "The prisoners were
first a~rraigned before this tribunal Of
o charge of conspiracy. This was fol.
lowed up by the more serious charge
of murder. ~T-r
IT contend that such q combination
of charges Ia unprecedented In the
history Of criminal cases."
The court reminded DR.. Webb that
the present Indictment was not con.
spiracy and murder, but a single In.
dictment Of murder. Z
DIR. Webb continuing said: "The
indictment for conspiracy to murdur,
your honor, may only be based upon
evidence going to show there were
designs of murder and some definite
person In law regulating the evidence
Of aidars and abettors in cases Of con.
spirscy. 1t could not be made to sp,
ply In the present case" Sullivan,
for the defense, In his argument sup.
ported these views. Porter, for the
prosecution, replied that the evidence
given by Kavanagh yesterday
against Brady ives only for
kind which related to hit
own doings prior to the murder. In
fact 1t simply showed that Kavanagi
received his instructions a. to driving
and waiting from Brady. Adams, fol
the defence, declared the change II
Kavanagh's evidence yesterday, ane
his sudden discovery, that 1t wa
Smith and not Delaney whom h
drove to the scene Of the murder Will
Carey; was, as any one oould see, 9
story o~oncocted between him (Kav
anagh) and Carey. There were othel
discrepancies bet xeen the evidence
given by the informers and that oi
the other witnesses by whom tn,
crown sought to back up their per
%juries. With one solitary exception
no witness for the crown hac ever 80
eyes on Brady before the 9th of May
yet they we're able to recognize him .
the man whom they saw In Pb@ni,
parQ that day. If the jury believes
these witnesses to be mis-
7. taken, then tho case reste'
solely on the suspicious evldenc
: given by the informers. The doubtful
character and unrelisbility of the evi
dence were too clear to be commente'
on. II the jury would set the evil
dence of the innocent girl Meage
against that Of the infamous Casey
the liar and hypoorite-yes, liar
and ~hypocrite, and murderer, too, b
profession a. we'll % practice, h
exclaimed, they weuld ~undoubtedl,
declare In accord with the facts, probs
bilities and evidence a. q body"
Tho court here said the point
10 raised by DR.. Webb against the Intro
duotion of the evidence could not b
o sustained.
Adams, closing for the defense, sale
"HeAven forbid that I should ever b
-. arraigned before Q tribunal of publ
opinion ~ the defendant, Brady, hs
q, been In advance Of q regular tria
b rady's oase has been prejudioed, hi
~ guilt has been presumed In a name
the mos. ecsndalous on record. Ii
4 not the jury be led away and PR
.. vented from doing Justice because II
crime IL awful In its nature, but |
them consider solely the questio
R. whether Brady is guilty; let the
bear in mind the chief eviden'
a. against him comes from persous WI
spoke to save their own neoks. SUE
evidence must aver be regarded vii
great suspicion. He went on to 81
that the principals In the oonspira'
had fed to the United States al
e before Carey and Kavansgh had Civ,
y their testimony In the Kilmainha
animation.
lN Vaigh, for the crown, In reply sal
w '"Tae circumstances of the crime q
IN not doubted, and 1t IL equally 90
v ceded II was the fruit OF O conspira,
and not the matter Of personal !
b venge. For this reason the crown h
a been able to adduoe evidence of 4
e. existence of u conspiracy. The
Y cornt of the organization, Its objec
and plans given by Farrell was gu
as could never been concealed
. the most skiilful lawyers. The coun
H then traced the connecting II
of evidence. Nsist took the evider
of various Witnesses who swore
having seen Brady In Phoenix Pa
and disseoted 1t carefully and ma
tanned 1t furnished the strongest p
siple proof that Brady was there,
held there was an utter failure on |
part of the defense to establish
alibi for Brady. The evidence, thou
little, was 30 entirely at variance W
the actual facts 1t stood alone. T
closed the speeches and Judge OBJ
began his charge.
Commenting on the evidence
duced by the defense TO prove an q
he said there was nothing so far
could be discovered TO fX the parti,
A. QkL Ma. L.