The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-15
Two of Them, AnsburS and Bernard Gala
CHER. Acquitted-The Evidence and
Charge TO tho Jury.
A Society Formed for the Removal
OF Irish Informers.
ERglish Pr0test Against Restriction the
Importation of American Cattle-Ihe
Gar in a Peaceful Hum0r.
-FOUR FOUND GUILTY.

CHER, Bernard Gallagher, Whitehead, Curtin,
Wilson and Ansburg continued this morn
ing. The court stated that it considered the
evidence against Bernard Gallagher and Ans
burg sufficient to be submitted to the jury.
Justice Grove CONQUERED in the decision, bat
without expressing any opinion as to the
ultimate result. He thought there were
grave doubts as to the suf6cieacy of the evi-
dence against Ansburg.
Mr.. Clarke, of the counsel for the defense,
challenged the crown to point to single
syllable of evidence given at the trial, out
side of that OF the Informer Lynch, which
showed that the Intention of the prisoners
was to assail the authority of the crown or
to overawe Parliament. He declared that
Bernard Galiagher's statement contained no
evidence against anybody but himself.
Whitehead expressed a desire to address
the jury himself, and his counsel therefore
retreated.
Mr.. Clarke maintained that Lynch's evil
dence was not the voluntary confession OF an
honest man who was inadvertently led into
the plot but was a calculated revelation, in
creasing in scope as the aeUessity grew of in
eliminating his friends to save himself.
There was nothing to support his statement
relative to the existence of a club in America
whose object 1t was to free Ireland by force.
His statements are not credible. and the
manner in which they were prepared rendered
them untrustworthy. He particularly no
uiced that Lynch, since the examination OF
the prisoners in the Bow-street court had
unaccountably remembered that the oath
taken in New York contained reference to
the Irish Republic" Mr., Clarke appealed
TO the jury to resist popular prejudice. His
speech was very impressive
Whitehead, speaking on his own behalf,
said there was no evidence to show that the
nitro-glycerine found in his factory was in
tended for Illegal purposes. He declared
that it was for mining purposes. like thou
sands OF tons of the same article made in
England. The press exaggerated his case.
He exhorted the jury to deal with it impair
tally. as they would with any other case
Ansburg declared that he was innocent
as God Almighty. He stated that he merely
met MIR. Gallagher accidentally on the
steamer Parthia, and he again accidentally
met him on the Strand.
Mary Gallagher testified that she lived in
Brooklyn with her brother, DIR. Gallagher.
She had never seen Lynch or heard that her
brother was connected with the Emerald
club. Her brother always spent his evenings
at home. Bernard Gallagher she said, was
drunkard. and had given his family much
trouble She believed he had softening of
the brain.
Mr. Rowlandson, on behalf of Curtin, de-
clared that his client had been innocently
seeking work. and that DIR. Gallagher had
given him an introduction to an old friend
in Glasgow If Gallagher was engaged in q
plot it was not likely he would recommend
a stranger to All intmate friend for connec-
ton with it. Curtin's acts could only be
declared guilty on the assumption that
plot existed. but of this no proof was adj
duced.
Wilson announced that as far as he was
concerned he left the case where it stood.
Mr.. Mathinson. on behalf of Bernard Cat
lagher argued that there was no case against
his client Bernard Gallagher, as he acted
while under the intiHenoe of llQmor There
was nothing suspicious an an elder brother
who was better off than a younger one lend
ing money to the latter. He confidently
asked for the discharge of the prisoner Mr.
Mathinson admitted that Bernard had a gen
erai knowledge of the hostile designs of the
dynamiters but said it must be remembered
that he was resident of Brooklyn, and could
NOT be Judged by the same standard as an
Englishman was 1t was a matter of COM
mon knowledge that plots existed in America
for the Manufacture of dynamite for use
against England, almost with the connivance
OF the American governments
Messrs. Clarke and R3wlands protested
against this language and declared there was
no proof that such was the case
Justice Butt directed the council not to
make such remark. He said there was no
proof of the existence in America of plots,
or of connivance thereat on the part OF the
government of that country.
Justice Coleridge also rebuked Mathinson:
He said: Il thiuk il only due to our friend
ly relations with a great government that
you unreservedly Withdrew your statement
Mr.. Mathnson said lac would gladly ao-
cede to the ruling of the court.
The case for the defense closed and Farrer
Herschell, solicitor general replied on the
part OF the prosecution.
Upon the conclusion of his remarks Justice
Colerdge began his charge to the jury. In
the course of his instructions he said
The crime with which the prisoners were
charged was one of the gravest and
heaviest possible. He would not describe
the calamities (which the explosives might
have caused, as lac desired that
both the jury and himself should con-
slider the facts in the case with Judicial calm
ness Society could mot exist, he said, If the
oiiense charged against the prisoners was not
within the grasp of the law. When it was
proved. there should not be the slightest fall
tering on the part either of the judges or
juues. 1t was sufficient for the jury to con-
yict the prisoners if they thought one
or more of them had meditated violence
against public property or the lives of the
Queens subjects for the purpose OF overaw-
ing the government. The case against DR..
Thomas Gallagher Whitehead and Wilson
was much stronger than against the Others,
the Lord Chief Justice said. Although not
required by the letter OF the law, it was ad-
yisable that the evidence of an approver
should be eorroborated. A large amount OF
American money had been found on DIR. Gal
1agher when he was arrested; that fact tended
to confirm the statement of LyIreh that Gal
lagher was one of the chief organizers ia
America and London of tiie conspiracy AL
though DIR. Galiashef's sister had been called
I.aH AaA MA aa.l