Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-04-14
FOREIGN NEWS.
THE PHOENIX PARK MURDERERS.
Brady Found GuIity and Sentenced 10
Hanged.

spoke to Brady. who was accompanied DF
girl on DOminick street between and .
O'Clock on the evening Of May 9th, the de-
fence announced that they would call no
no other Witnesses.
The argument of the counsel for the de-
fence and prosecution followed.
DIR. Webb, the leading counsel for the
prisoner, said he begged TO submit his re-
spectful protest against any evidence being
allowed in this case which would bear upon
the existence of conspiracy prior 10 May
Sd, even though the evidence were excluded
by that means which would throw light on plot
plot existing before that date to murder Burke
The only exception TO this principle wculd
be that evidence v hich concerned words ami
acts of tine prisoner might with propriety,
and according to the rules Of evidence, be
admitted. In support OF his proposition he
cited various authorities, running from the
time OF Edward down TO the present. He
said The prisoners were first arrsigned
before this tribunal on charge OF conspiracy
This was followed up by more serisus
charge of murder. | contend that such COM
bination of charges is unprecedented in the
history of criminal cases"
Webb continuing said: An indictment
for conspiracy TO murder, your honor, may
only be based upon evidence going to show
that there was IA design 10 murder some
definite person" lie declared that the law
regulating the evidence of aiders or abettors
in cases of conspiracy could not be applied TO
the present case.
Mr.. Sullivan, for tine defence, in his argu-
ment supported these views.
Mr.. Porter, tor the prosecution, replied
that the evidence given by kayanagh, yester-
day, against Brady only OF a kind which
related to his own doings prior To the muir
q
ceived his instructions as to driving and
waiting from Brady.
Mr. Adams, for the defence, declared that
the change in Kavaragh's evidence yester-
day, his sudden discovery that it was Smith
and not Delaney whom he drove to the
scene of the murder with, was, as anyone
could see, a story concocted between him
Carey. There were other discrepancies be-
tween the evidence given by the informers
and that of the other witnesses, by whom the
crown sought to back up their perJuries.
W it'll one solitary exception, none OF the wit
nesses for the crown had ever set eyes on
Brady before May 9Th; yet they now claim
with one accord that they were able to reoog-
nize him as the man who they saw in Phoenix
Park that day. If the jury believes these
witnesses to be mistaken, then the case rests
solely on the suspicious evidence given by
reliability of their evidence was too clear to
be commented on. If the jury would set the
evidence of the innocent girl Meagher, against
that of the infamous Carey, a liar and hypo-
critic, yes, liar and hypocrIte and muir
derer too, by profession as well as practice.
they would undoubtedly declare in accord
with the facts, the probabilities and evidence
that Brady was not guilty. The court here
said that the points raised by DR.. Webb
against the introduction of the evid ence could
not be sustained.
Mr. Adams in closing the argument for the
defence sand Heaven forbid that | should
ever be arragned before tribunal of public
opinion as "A defendant. Brady has been in
an advance of regular trial; Brady's case
has been prejudced, his guilt presumed in a
manner the most scandalous on record. Let
not the jury be led away and prevented from
serving Justice because the crime is awful
in as nature, but let them consider solely
the question of whether Brady is guilty.
Let them bear in mind that the chief evil
dence against him comes from persons who
spoke to save their own necks. Such evil
dence must be regarded with great suspicion.
He went on to say that the principals in the
conspiracy had fled to the United States and
France before Carey and kavanagh had given
their testimony in the kilmainham examina-
ton.
Mr. Naish. for the crown, in his reply said
the circumstances of the crime are not
doubted. 1t is equally conceded that it was
the fruit of a conspiracy and was not a mat
ter % personal revenge. For this reason
the crown has been able to adduce evidence
OF the existence of conspiracy. The
count of the organization and its objects and
plans given by Farrell was such as could
have never been concocted by the most skill
full lawyer 1t has been shown that Brady
was absent from his work on Nav 9TH and
9th. The book of the time keeper established
this fact. Ii has also been proven that Brady
Inquired for Mr.. Burke on May 9TH. This
appearedsfrom undisputed evidence of the
lodge keepers wife. The fact that Kavan-
augh amended his evidence did not discredit
that witness, but proved his veracity and
fortified his previous statements. If Carey
and Kavanagh had been engaged in concoct-
ing this evidence they would both have
sworn to the same story in minor as well as
in major details. Nsish took up the evil
dence rendered by various witnesses who
swore to having seen Brady in Phoenix Park,
dissected it carefully and maintained that it
furnished the strongest possible proof that
Brady was there. He held that there was
utter failure on the part of the defense to
prove an alibi for Brady.
This closed the speeches and Judge o Brien
began his charge.
Commenting on the evidence adduced bv
the defense to prove an alibi, he said there
was nothing, so far as could be discovered.
to fix the particular evening the sixth of Nav
in the mind of Miss Meagher The evidence
to prove an alibi was frequently resorted to
or invented, especially by women, when its
production would assist their friends. Re-
viewing briefly the evidence of Kennedy and
Little he dwelt upon the evident desire of the
latter to make the time at which he saw
Brady to fit in as being before 9 o'clock T.
NJ. The testimony of this witness was open to
The same comment was that of other wit
nesses for the defense, namely, that he was
declaring to happen on one day what did ac-
tually happen on another day. Passing on
the evidence given by the informers he said
that although Carey had every conceivable
motive and inducement to give in his evil
dence statements calculated to serve his own
purpose he had told straightforward story
The jury were exhorted to consider, how ever.
that if he had been detected in swearing
falsely. The throne would.be justified in pro-
ceeding against him the same as against
other prisoners. The same general rule was
applicable to all informers. There was no
evidence to support the suggestion made bv
counsel Adams that the persons present in
the Park as principals were now all safe in