The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-14

naugh had been engaged IN concOctlng evil
dence they would have sworn to the same
story in minor as we'll as major details. Naish
took up the evidence of the 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 an utter failure on the part of the de-
fense to establish an alibi for Brady. The
evidence of Little was so entirely at variance
with the actual facts that it stood alone.
This closed the speeches, and Judge o. Brien
began his charge. Commenting on the evil
dence adduced by the defense to prove an
alibi, he said: ''There was nothing, so far as
could be discovered, to fix the particular
evening of the 9Th of May in the mind of Miss
Meagher. Evidence tending to prove an abb
was frequently resorted to or invented,
especially by women, when its production
would assist their friends. Reviewing briefly
the evidence OIL Kennedy and Little, he dwelt
upon the evidence of the latter to make the
time at which he saw Brady fit in as being
before P NJ. The testimony of this witness
was open to some comment, as was that of
other witnesses for the defense, namely: he
was declaring that what occurred one day
would actually happen on the other day.
Passing on the evidence of the informers the
Judge said although Carey had every
conceivable motive and inducement to give
in evidence statements calculated to serve
his own purpose, he had told straightfor-
ward story, and one which did not spare
himself. The jury were exhorted to con-
slider, however, if he had been detected in
swearing falsely, the Crown would be
justified in proceeding against him the same
as against the other prisoner. The same gen.
eral rule was applicable to all kinformers
There was no evidence to support the sug-
gestion made in the speech by Counsel Ad-
ans that the persons present in the park as
principals were now all safe in France or the
nil nd CfnfA Hl,a
The evidence went to show that those men
who were in the park with the object of muir
der, were Invincibles, although some of the
persons cognizant of the plan and not there
might not have been members of that broth
erhood. In concluding his charge, he asked
the jury to dwell on the evidence with that
solemn consideration of its points which was
due, and decide whether any reasonable
doubt existed as to the guilt of the accused.
In making up their verdict they should
set aside all the prejudice, all the
weakness that frequently influences our judg-
ment and biases our words. He expressed
the hope that they would be influenced by
divine inspiration.
THE VERDICT AND SENTENCE.
The jury then retired. They did not re-
main long away, for, after about forty min
utes, they sent word that they had reached
an agreement. and being summoned back to
their benches announced, amidst breathless
silence in court, that Joseph Brady was guilty
or murder. The judge finished his charge at
3l9, and the verdict of the jury was rendered
at 300. When the verdict was read a deep
but suppressed murmur went round the
courtroom, and Brady, who up to this time
had been singularly composed and free from
emotion, turned ashen pale.
DR. Webb started up to make motion, and
after complete silence had been restored, and
before the judge pronounced sentence of
death, said in an impressive voice l desire
to move for arrest of judgment He alleged
that under the crimes act the Jury which
heard the case and had Just given in its ver-
dict was not legally formed that the pris-
be tried before a special jury.
The motion was denied by Judge o. Brien,
who now said to the prisoner: ''Have you
anything to say why sentence of death should
not now be pronounced upon you?"
Brady responded in loud, clear and firm
voice: Il am not guilty of the charge which
these informers have sworn on me- These
men would swear away the life of any one
to save their own"
Sentence was then pronounced that on the
14th of May next Joseph Brady be hanged.
After the sentence, Brady, who had re-
covered his composure, rose in his seat and
with solemn vehemence protested his inno-
cence of the crime. After making the last
disclaimer he was hurried from the court
room by the officers. On the street the an
nouncement of the verdict had been received
with marks of the utmost disfavor and con-
demnation. Great crowds of people had
waited impatiently about the doors of the
tribunal until the conclusion of the trial,
and now were packed still closer about the
building in hopes of getting a sight of the
condemned d man as he was taken to Jail.