The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-18
:TELECRAMS !!
YESTERDAYS REPORT,
BY WEST ERN UNION TELEGRAPH co,
Brady's Trial--Additional De-
tails.

l., ing counsel for the prisoner, said h
begged to submit respectful prOtes
againt any evidence being allowed il
the case which would bear upon tn
existence of conspiracy prior t,
May Sd, even though evidence
were excluded by that means whicl
would throw light upon plot exist
ing before that day to murder Burke
The only exception to this principle
would be that evidence which con
: cerned the words and acts of thu
prisoner might with prOpriety anG
g according to the rules Of evidence, be
t admitted. In support of his position
: Webb cited various authorities, run.
ming from the time of Edward L
down to the present. He said the
prisoners were first arraigned before
this tribunal on a charge of CON
spiracy; this was followed by the
more serious charge of murder. |
contend that such a combination of
charges is unprecedented in the his
tory of criminal cases.
The court reminded Dr.Webb that
the present indictment was not con-
spiracy murder, but the single indict-
ment for murder.
| Dr.lWebb continuing said: An in
dictment for conspiracy toemurder,
your Honor, may only be based upon
evidence going to show there was a
design to murder some definite per-
son. The law regulating evidence in
regard to aiders and abetters. in cases
of conspiracy, could not be made to
apply in the present case.
Mr.. Sullivan, for the defense, in his
argument supported these views.
Porter, for the prosection. replied
that the evidence given by Kavanagh
yesterday, against Brady, was only of
a kind which related to his own do
ings prior to the murder. In fact, it
| simply showed that Kavonaugh re-
ceiYed his instructions as to the driv-
| ing and waiting for Brady.
Adams, for the defense, declared
there was change in Kavnagh's evil
dence yesterday, in his sudden dis
cOvery that it was Smith and not
Delaney whom'he drove to the mur-
der with Carey. Any one could
see there was story concoet-
ed between them (Kavan-
agh and Carey. There
were other discrepancies between the |
evidence given by the informers and
that of other witnesses by whom the
crown sought to back up their per-
juries. With one solitary exception,
no witness for the Crown had ever
set eyes on Brady before the 9th of
May, yet they were able to recognize
him as the man whom they saw in
Phoenix park. II the jury believed
these witnesses he mistOok their IN
telligence. The case rests solely on
the suspicious evidence given by in
formers, men of doubtful character,
and the unreliability of their evil
dence was clear to be commented on.
If the Jury would set the evidence of
the innocent girl Meagher against
that infamous Carey-a liar and a
hvpocrite; yes, a liar and hypocrite
and a murderer too, by profession as
we'll as practice--they would un-
declare, in accordance with
the facts, the probability and the evi-
dence, that Brady was not guilty. III
The Court here ruled that some OF
the points raised by Webb against the {
Of evidence could not be /
sustained.
Adams, closing for the defense,
said: "Heaven forbid that should
ever be arraigned before the tribunal 8
of public opinion as the defendant j
Brady has been in advance OF regu- I
lar trial. Brady's case has been pre- i
iudiced and his guilt has been pre-
,umed in a manner the most scan
lalous on record. Let not the jury
be led away and prevented from do f
ing Justice. because the crime is aw- Z
fuI in it's nature, but let them cOnsid- +
,r solely the question whether Brady d
IS guilty. Let them bearin mind that 7
,he chief evidence against him comes !;
rom persons who spoke TO save their $
own necks; such evidence must ever Q
regarded with great Suspicion: e
He went on to say the principals IN o
he conspiracy had fled to the United u
States and France before Cary and
Kavanagh had given their testimony v
n the Kilmainham exa nlnatlon. Z
Naish, for the Crown, in reply said: il
The circumstances Of the crime are D
lot doubted; it is fully conceded that l.
t was the fruit Of conspiracy and
lot a matter of personal revenge G
FOR this reason the Crown has been cj
bile to adduce evidence of the exist il
nee of a conspiracy. An account OF C,
Is organization, it's objects and its
,lans have been given by Farrell. II
vas such as could never have been
by the most skillful law y,
,ers. The counsel then showed the l.
onnectlng testimony. He took the II
violence of the various witnesses ~
Who swore to having seen Brady i'll II
,hmnix Park. He dissected 1t care 81
ully and maintained that 1t furnished VI
he strongest possible preof that el
,rady was there. He held there was a'
n mtter failure ON the part OF the de- IN
ense to establish an aIlbl for Brady. It
he evidence of Lyttle was so en- III
irelv at variance with the actua! st
acts that it stood alone. 10
This closed the speeches and Judge
)'Rrien began his charge COM I.
,enting on the evidence ad-
need by the defense to er
rove an aiibi. He said there was m
othing. as far as could be discov.. OF
red. to fix the particular evening OF tr
Jav 9Th in the mind Of Miss be
Isapher. Evidence to prove an allDl st
ras freoently resorted to,or invented, &C
snecially by women, when its pro- dc
nction would assist their friends. tn
n nassing on the evidence of inform tn
rs. the Judge said although Carey m
,av % have every conceivable motive al
nd inducement to give in evl- al
ence calculated to serve his own
urposes. he had told a straightfor-
ard story. and one which did not
,are himself. The jury were ex- tn
orfed to consider, however, for II ne r. r.
= found swearing falsely, the Crown ~ ~,
ould be justified in proceeding or or
70 inst him the same as against the =,
her prisoners. The same general or
lie is applicable to all informers. =,
M - ,o. M avidonce To SuDDOrt l..