Daily globe., 1883-06-15
GREAT BRITAIN.

ued this morning. The court stated that
it considered the evidence against Bernard
Gallagher and Ansburgh sufficient to be
submitted to the jury. Justice Grove con-
Cured IN the decision but without express
ing an opinion as to the ultimate result.
He thought there were grave doubts as to
the suficiency of the evidence against
Ansburgh. Clark, of counsel for the de-
fense, challenged the crown to point to
single syllable of evidence given at
the trial outside of that of the
informer Lynch, which showed that the
intention of the prisoners was to assail the
bauthority of the crown or to overawe
parliament. He declared Bernard Gal
lagher's statement contained no evidence
against anybody but himself. Whitehead
expressed a desire to address the jury him
self, and his council therefore retreated.
Clark maintained that Lynch's evidence
was not a voluntary confession of an hon
est man who Inadvertently was led into a
plot, but was a calculated revelation, in
creasing in scope as the necessity of it
grew. discriminating his friends, to save
| himself, was nothing to support his state
ments relative to he existence of a club in
| America whose object it was to free Ireland
| by force. His statenh nts were not credible.
| The manner in which they we're prepared
rendered them untrustworthy. He particu-
| larly noticed that Lynch, since the exam
| ination of the prisoner in Bow street court
| had unaccountably remembered that the
| oath taken in New York contained refer
ence to the Irish republic. Clarke appealed
to the jury to resist popular prejudice.
| His speech was very impressive. White
| head, speaking in his own behalf, said that
there was no evidence to show that the
nitro o-glycerine found in his factory was
intended for illegal purposes. He declared
that it was for mining purposes, like
| thousands of tons of the same article made
in England. The press exaggerated his
case. He exhorted the jury to deal with
| it impartially, as they would with any other
case. Ausburgh said he Was innocent
as God Almighty. He stated that he
merely met DR.. Gallagher accidentally on
the steamer Parthia and he again acciden-
tally met him in the Strand. Mr. Raw
| lands, on behalf of Curtin, declared his
client had been innocently seeking work
and that DR.. Gallagher had given him an
| introduction to old friends in Glasgow. If
Gallagher was engaged in plot it was not
| likely that he would recommend stran-
ger to an intimate friend for connection
with it. Curtin's act could only be de-
| clared guilty on the assumption that plot
existed, but of this no proof was adduced.
| Wilson announced that as far as he was
| concerned he left the case where it stood.
| Mr.. Mathinson, on behalf of Bernard
| Gallagher, argued that there was no case
against his client Bernard Gallagher, as he
| acted while under the influence of LIQUOR.
There was nothing suspicious in an elder
| brother who was better off than a younger
| one, sending money to the latter. He con-
fdently asked for the discharge of the
prisoner. Mr.. Mathinson admitted Ber-
nard had general knowledge of the hos
| tile designs of the dynamiters, but said it
must be remembered he was a resident of
| Brooklyn and could not be judged by the
same standard as an Englishman was. 1t
was matter of common knowledge the
| plots existed in America for the manufac-
ture of dynamite for use against England
almost with the connivance of the Ameri-
| can government.
Clarke and Howlands protested against
this language, and declared there was no
proof that such was the case.
Justice Brett declared that counsel had
no right to make such remark. He said
| there was no proof in existence in America
of plots or of connivance thereat on the
| part of the government of that country.
Justice Coleridge also rebuked Mathin-
son. He said: Il think it only due to our
| friendly relations to the great government
| that you unreservedly withdraw your state
ment." Mathinson said he would gladly
| accede to the ruling of the court.
Mary Gallagher testified that she lived
in Brooklyn with her brother, DR.. Gallagher.
She had never seen Lynch or heard that
her brother was connected with the Emer-
aid club. Herr brother spent his evenings
at home. Bernard Gallagher, sheIsaid, was
drunkard and had given his family
much trouble. She believed that he had
softening of the brain. The case for the
defense was then closed
The lord chief justice said the crime
with which the prisoners were charged,
was one of the gravest and heaviest posi-
bic. He would not describe the calamities
which the explosives might have caused
as he desired both the jury and himself
should consider the facts of the case with
judicial calmness. Society could not
exist, "he said,'' if the offense charged
against the prisoners was not within the
grasp of law. When it was proved, there
should not be the slightest faltering on the
part OF either judges or juries, 1t was
sufficient for the jury to convict the pris-
oners, if they thought ole or more of them
had meditated violence against
public property or the lives of the queens
subjects for the purpose of overaw1ng
the government. The case against DR..
Thomas Gallagher, Whitehead and Wilson,
was much stronger than against the 9TH
ers." The lord chief justice said: CAL
though not required by the letter of the
law it was advisable that the evidence of
the approYer should be corroborated. A
large amount of American money was
fovnd on DR.. Gallagher when arrested.
That fact tended to confirm the statement
that Lynch Gallagher was one of the chief
organizers in America and London of the
conspiracy. Although DR.. Gallagher's
sister had been called as a witness, there
had been no attempt to prove that the
money had been earned in the ordinary
course of business. Lynch's evidence had |
been confirmed in several other
important points, and he believed |
it was generally trustworthy. He de- |
clared the assertion that the nitro glycer- |
inc was intended for legitimate purpose |
was incredih1a IyhoD ono = ba