The Portland daily press., 1883-04-14
FOREIGN.
Brady Found Guilty of Murder
Aud Sentenced to be Hanged May 14th.
Probable War Between France and
China.
Suicide of King Milan's Wuuld-be MUIR
deress.


tne evidence OF clerk named Kennedy, who
sWore that he spoke 10 Brady, who was accom-
panied by girl, on Dominick street between
vnd O'Clock on the evening Of May 9th, the
uslsnce announced that they would call no
otner witnesses.
The arguments OF the counsel for defe nee
ana prosecution followed,
DIR, Webb, @. c., the leading counsel for
the prisoner, said he begged to submit his re-
speetiui protest against any evidence being al
lowed IN this case which would bear upon the
existence OF conspiracy prior TO May 3D.,
even though evidence were excluded by that
means which would throw light ON a plot ex.
listing before that date to murder Burke. The
only exception TO this principle would be that
evidence which concerned the words and acts
OF me prisoner might with propriety and ac-
eordipg TO rules Of evidence be admitted. In
support OF his position ne cited various an-
thorities running from the time OF Edward l..
down to the present. He said, "rhe pris-
oners we're first arraigned before this tribunal
on charge OF conspiracy and this was fol.
lowed up BY the more serious charge Of muir
der. contend that such a combination OF
charges is unprecedented in the history Of
criminal cases
The court there interposed, reminding DR..
Webb that the present indictment was not one
OF conspiracy and murder but the single in
dictment of murder.
Webb, continuing, said, can indictment for
conspiracy to murder, your honor, may only
be based upon evidence going to show that
there was design to murder somes definite
person. He declared that the law regulating
evidence OF aiders aud abettors in cases OF
conspiracy could not be made TO apply 10 the
present case
Mr.. Sullivan, for the defence, in his argu-
ment supported these views
Mr.. Porter, for the prosecution, replied that
the evidence given by Kayanagh yesterday
against Brady was only OF kind which re-
lated TO his own doings prior 10 the murder
In fact it simply showed that Kavanagh re-
ceived his instructions as to driving and wait
ing from Brady.
Mr.. Adams, for the defence, declared that
the change in Kavanaghs evidence yesterday
--his sudden discovery that it was Smith and
not Delany whom he drove 10 the scene of
the murder with Carey was, as any one could
clearly see, story concocted between him
and Carey. There were other discrepancies
between the evidence given by informers and
that Of the other witnesses by whom
the crown sought to back mp their
perinries. With one solitary exception
none OF the witnesses for the Grown had
ever set eyes on Brady before May 9th, yet
they now claimed with one accord that they
were able to recognize him as mau whom
they saw In PhGnixss Park that day. Ii the
jury believed these witnesses to be mistaken,
then the case rested solely on suspicious evil
dence given by informers. The doubtful char
acter and reliability of their evidence were too
L
sat the evidence OF the innocent girl Meagher
against that OF the infamous Carey-a liar and
a hypocrite, yes, q liar and hypocrite and
murderer, too, by profession as we'll as prae-
tice-they would undoubtedly declare, in ac-
cord with the facts, probabilities and evidence
that Brady was not guilty
The court here said that the points raised by
DIR. Webb against the introduction of evidence
could not be sustained.
Mr.. Adams, in closing for the defence. said:
Heaven forbid that should ever be arraigned
before the tribunal Of public opinion as defen.
ant as Brady has been. In advance of the reg
ular trial Brady's case has been preiudiced aud
his guilt been presumed in manner the most
scandalous on record. Let not the jury be led
away and prevented from doing justice because
the crime is awful in its nature, but let them
consider solely the question whether Brady is
guilty; let them bear in mind that the chief
evidence against him comes from persons who
spoke TO save their own necks, and such evil
deDce must ever DO regarded with great sus-
picion.1 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 ex-
animation.
Mr.. Naish for the crown In bis reply said the
circumstances OF the crime are not doubted and
il is equally conceded that 1t was the fruit of
conspiracy and was not mater OF personal
revenge. For this reason the Grown had been
able to adduce evidence OF the existence Of a
conspiracy and the account of its organization
aud its objects and plans as given by Farrell
was such as could never have been concocted
by the most skilful lawyers. 1t had been shown
thai Brady was absent from his work on May
9th, and 9th, for the book of the time-keeper
established this fact. 1t had also been proven
that he made inquiry for Mr.. Burke ON May
9TH this appeard from undisputable be evidence
Of the ledge keepers wife. The fact that Kav-
anaugh amended his evidence did not discredit
that witness but proved his veracity and fotti-
fed his previous statements, in that Carey aud
Kaganagh had been engaged IN roncocting
evidence. They would both have sworn TO the
same story in minor as well as in major de-
tails. Naish took up the evidence rendered
by various witnesses who swore to having seen
Brady in Phoenix Park, dissected il carefully
and maintained that it furnished the strongest
possible proof that Brady was there. He held
there was an utter failure on the part of tho
defence 10 establish an alibi for Brady The
evidence of Little was so entirely at variance
with the actual facts that il stood alone
This closed the speeches and Judge 0'Bhen
began his charge.
Commenting on the evidence adduced by
the defence to prove an aiibi he said there was
nothing so far as could be discovered 10 fix the
particular evening, the 9th of May in the
mind Of Miss Meagher. Evidence to prove an
alibi was frequently resorted to or invented
especially by women, when Its production
would assist their friends. Reviewing the evil
the evident desire OF the latter to make the
time OF which he saw Brady fit Ia as being be.
fore 9 o'clock p. m. The testimony Of this
witness was open to the same comment as was
that of other witnesses OF the defence, namely
that he was declaring to have occurred in one
day what did actually happen on another day.
Passing on to the evidence given by the inform
ers he said that although Carey had every con-
ceivahia motive and inducement to give In his
evidence statements calculated to serve his
own purpose he had told a straightforward
story
The jury were exhoried to consider, however
that II he had been detected In swearing false
ly the Crown would be justified in proceeding
against him the same as against other prison-
ers. The same gener9l rule was applicable TO
all informers. There was no evidence to sun
port the suggestion made in his speech by
counsel Adams that the persons present In the
park as principals were now all safe In France
or la the United States The reverse was the
case. The evidence went to show that these
men who we're in the park with the object OF
murder were "Invncibles," although some
persons who were cognizant of the plan and
were not there might not have been members
of that brotherhood.
In concluding his charge he asked the Jury
to dwell on the evidence with that solemn
consideration OF Its points which was due and
to decide whether any reasonable doubt ex-
listed as to the guilt OF the accused. In making
w tHelt FeiulCb tnSy buOuiu SET ASIDE all preJu-
dice, all the weakness that frequently infia-
ences our Judgment and biases our words. He
expressed the hope they would be influenced
by divine instruction.
The Jury then retired. They did not remain
long. In about 40 minutes they announced
amidst breathless silence in the court room
that Joseph Brady was guilty OF murder
The judge finished his charge at thirteen
minutes past 3 o'clock and the verdict OF the
Jury was rendered at five minutes before 4.
When the verdict was read a deep but sup
pressed muTmur went round the court room
Dr. Webb started up TO make a motion, and
before the judge had pronounced the sentence
OF death, said in an impressive voico:-"I de-
sire to move for an arrest of judgment He
alleged that under the Grimes Act the Jury
which had heard the case and had Just given in
its verdict was not legally formed that the
prisoner had not received notice that he was to
be tried before special jury.
The motion was denied by Judge O,Brien
who said to the prisoner .--sHaye Won ANYTHING
TO say why sentence OF death should not now
be pronounced upon you2n
Brady responded In loud, clear and firm
voice ~ am not guilty of the charge which
the informers have sworn on me. These men
would swear away the life OF any one to save
their own"
Sentence was then pronounced 1t was that
on the l4th day of May next Joseph Brady be
hanged by the neck till dead.
There was, however no demonstration be-
yond the ordinary display Of sympathy with