The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-06-09
TIE FORA VICriA
oTBritniu's v+nEeanee-Ttm"th Kelly
to be Hhngrd Today.

DUBLIN, May S.-Ilmothy Kelly, the
fifth OF the PhG1ix Park murderers, will
be hanged in Kilmainhau Jail tomorrow
morning. Unusual interest is ieltin his fate,
owing to the fact that be was tried three
times before convicted. His FIRST trial be-
gan April l9.h, before Judge 0'Brieu, at
the Green Street Court House. Messrs.
Sullivan and McInerney were appointed
by the Court to conduct the defense for
him, as he had no counsel. One OF the
membera OF the jury was Paruellite. The
evidence OF the witnesses for the Crown
was q repetition OF that given in the
cases OF Brady and Curley. James Carey
swore that the censpiratOrs had re-
solved to murder Col. Hitler and Mr..
Burke in consequence OF an article that
appeared In the Fteemdn's Journal speak.
ing Of the desirability OF 4 thorough change
OF officials at Dublin Castle, which had
become an Augeau stable. On the follow.
ing day, after callirga = few more witnesses,
the Crown announced that their case was
closed. The case for the defence was then
opened. Kelly's brother was heir first
witness. lie testified ia support Of the
claim OF an alibi that he was in the com.
pany OF the prisoner on the h OF May,
the day the murders occurred. On cross.
examination OF the witness his evidence
couhicted with that given by the etn.
ployer OF the prisoner. The defence
called four friends OF Kelly, all
OF whom swore that the prisoner
was in their company at the time Lord
Frederick Cavpndish and Mr.. Burke were
assassinaied. Que OF the witness called
by the defence 10 prove an alibi testified
that be vent to p 9lix Park with Kelly
on Sunday, May I, (the day after the mur-
ders had been committed), and that both
OF them made au examination OF tha blood
stains on the ground. The submission Of
evidence having been concluded, Mr. Nc.
Inerney made the closing argument in de.
fence OF Kelly. The Judge then delivered
his charge, and the jury, ut quarter to six
o'clock, retired to deliberate on their yer.
dict. The Jury, after remaining out some
little time, returned to the court room
and announced that they were unable TO
sgree.
THE SECOND TRIAL.
Kelly was placed on trial for his lie the
second time on April %. A man named
Clyn, who identified Carey at the irqniry
in KilmaiuhSm Court House as the man
whom he saw in Pbeaiz Park On May 8
last, testified that he saw four men in the
park on the evening Of that day, On the
following day lhs witnesses who testified
at the former trial to prove an sli6i re-
peated their testimony. Mr.. Charles Nc
Gowan, who s"me years ago contested o
seat in the House OF Commons for the
County Leitrim, was called as witness for
Kelly. His evidence also went to prove IN
slihi. Altogether fifteen witns sses testified
in favor OF the prisoners claiR OF an alibi.
The Judge, in summing up the next day,
spoke most strongly aglinst the prisoners
claim OF an alibi The jury, after being
out a short time, returned 10 court and an.
nouuced that they had been unable to
agree on verdict. They were sent back
TO reconsider their verdict, bat after re-
turning to the court room the fourth time
and reporting that they could not agree
they were discharged.
The third trial oi Kelly was begun on
the Tth OF last month. james Carey, the
iniormer, on being called to the witness
stand, swore that every one Of the Invinci..
bles, with the exception Of Joe Brady, had
offered 10 turn informer. Carey said he
was the lsst man who offered to testify
seainst the prisoners. Joseph Harlon, an
other informer, confirmed the evidence
given by Carey aud Kavanaugh to the ef.
iect that Kelly was one Of the four men
who rode on Kavausugh's car on the even.
ing the Phoenix Park murders were Gem.
mitted. The next day the trial was con.
tinued, the evidence being mainlya repe-
titiou OF that produced at the previous
trials. On the following day the inry de-
liberated for an hour before they brought
in their verdict. The Judge sentenced the
prisoner TO be hanged on June 8.