The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-04-14
FOREIGN NOTES.
Joe Brady's Trial for the Phmniy Park
Assassinations Concluded, aud
The Jury Make Short Work Of Their
Verdict, which
Declares Him Guilty-Sentence Passed,
aud May l4th
He VIII Hang-Able Efforts of His
Counsel.
The American Hog Ruled Out of the
German Ring.
France and China Likely TO Lock
Horns.
Other Happenings in Foreign Fields.
Other Happenings in Foreign Fields.
Ireland.
BRApY's TRIAL,

Ireland
BRApY's TRIAL.
DUBLIN, April l3.-The trial ofJoe Brady
was continued this morning. The defense
called clerk named Kennedy, who swore
he spoke to Brady, who was accompanied
by girl on Domick street. between 5 and
| O'Clock, the evening of May 9Th recog.
| nized Annie Meagher, who testified YES.
terday she was with Brady that evening:
witness said also that he met Brady the
| following day the latter declared the mur-
ders would ruin the cause of Ireland.
Upon the conclusion OF Kennedy 5 testi.
mony, the defense announced they would
| call no other witness. Argument OF Coun-
sci for the defense and prosecution then fol-
lowed.
DIR. Webb, Q. c., leading counsel for the
prisoners, SAID he begged to submit res
pecttul protest against any evidence being
allowed in this case which would bear upon
the existence OF conspiracy prior to May
| ID, even though evidence were excluded by
that means which would throw light on the
plot existing before that date to murder
Burke. The only exception to
this principle would be that eyi-
denCe which concerned words and
| avs va HilsOutl iulkul, Nllu DEulTlttX
and according to the rules OF evidence, be
admitted. In support Of his position Dr.
Webb cited various authorities, running
from the time OF Edward ". down to the
present. He said the prisoners were first
arraigned before this tribunal ON the charge
of conspiracy. This was followed up by
the more serious charge of murder. Sncn
a combination of charges is unprecedented
IN the history of criminal cases.
The court reminded Dr. Webb that the
present indictment was not for conspiracy
and murder, but a single indictment of
murder.
DR.. Webb, continuing, said. "The in
dictment for conspiracy TO murder, your
honor, NAV only be based upon evidence
going to show there was design TO murder
some definite person, and the law regula-
| ting evidence AS to aiders and abettors in
cases OF conspiracy could not be made to
apply in the present cases."
Sullivan, for the defense, in his Argument
supported these views.
Porter, for the prosecution, referred to
evidence given. by Kavanaugh yesterday
against Brady. IL was only of the kind
which related to his own doings prior to
the murder; in fact, it simply showed that
Kavauaugh received his Instructions as to
driving and waiting for Brady.
Adams, for the defense, declared the
change in Kavanaugh's evidence yester-
day-his sudden discovery it was Smith
and not Delaney whom he drove to the
scene of murder with Carey-was, rs any
one could clearly see, story concocted be-
tween him (kavanaugh) and Carey. There
were other discrepancies between the eyi-
dence given by the iniSrmers and that OF
o.he" witnesses, by whom the crown sought
to back up their periuries. With one soil.
tary exception, no witness for
the crown had ever set eyes
on Brady before the 9th of May;
yet they now claimed with one accord they
were able to recognize him as the man
whom they saw in PhUnlx park that da,.
/ the jury believed these witnesses to be
mistaken, then the case rested solely on
suspicious evidence given by lniormers
The doubtful character and unreliablity OF
their evidence were too clear to be com.
mented on. If this jury would set the evi.
dence OF the innocent girl (Meagher) against
that OF the infamous Carey, u liar and n
hypocrite-yes, u liar and hypocrite and
murderer, too, by, profession as well as
practice-they would undoubtedly declare
n accord with the facts and probabilities
and evidence that Brady was not guilty.
The court here said the points raised by
Dr. Webb against the Introduction of evl-
denCe could not be sustained.
Adams closing for the defense said:
Heaven forbid | should be arraigned be.
fore he tribunal of public opinion rs the
defendant Brady has been in advance OF u
regular trial, Brady's case has been preiu.
diced, his guilt has been presumed, in a
manner the most sCandalous on record.
Lst rot the Jury he led away and prevented
from doing justice because the crime is awful
In its nature but let them consider solely
the question whether Brady is guilty. Lei
them bear in mind the chiefevldence against
him comes from persons who spoke to save
their own necks. Such evidence must eyel
be regarded with great suspicion. He went
on TO say the principals in the conspiracy
had fled to the United States aud France
before Carey and kavanagh had given theil
testimony in the kilmainham examination
Naish, for the crown, in reply said the
circumstances of the crime are not doubted
1t is equally conceded it was the fruit o
conspiracy, and lot u matter of personal
revenge For tins reason, the crown had
heen able to add evidence OF conspiracy
The account of the organization, its object
and plans, given by Farrell, were such a.
coulh never be concocted by the most
skilllul lawyers. Counsel then traced the
connecting links OF evidence. II had been
shown that Brady was absent from bi.
work the 9TH and 9th OF May. The book n
the time keeper established this fact. II
was proven he made inquiry for Burke the
9th Of May. This appeared from undis
lodge.keeper's wife. The fact that Kava
naugh amended his evidence, did not dis
credit that witness but proved ais ceracity
aud fortified his previous statements. /
Carey and kavauaugh had been engaged
in concocting evidence, they would
both have sworn TO the same story In
minor as well as major details, Naish took
up the evidence of various witnesses who
swore to having seen Brady In Phmnlx
park, and dissected 1t carefully, and main.
tained 1t furnished the strongest possible
proof that Brady was there. He held there
was an utter failure on the part of the de
tense TO establish an alibi for Brady. tn,
evidence of Little was SO entirely at vari.
ance with actual facts that II stood alone
This closed the speeches, and Judge o Bricr
began the charge. Commenting on the ey
idene addrced by the defense to prove al
alibi, he said there was nothing A,
far Us coSd he discovered TO fix
the particular evening of the 9Th o
May in the mind of Miss Meagher. Evi.
dence tending TO- prove an alibi was
frequently resoried to or invented, es.
peoiaily by women when its production
would assist their friends. Reviewing
briefly the evidence OF Kennedy aud Little.
he dwelt upon the evident desire of the lat.
ter to make the time at which he saw
Brady fit in as being before y. m. The
testimony OF this witness was open TO the
same comment as was that of other Wit.
nesses for the defense namely he was de.
claring to have occurred one day what did
actually happen another day.
Passing. on to the evidence OF
the informers the udpe said
that although Carey had every conceivable
motive and inducement 10 give in his eyi
dence statements calculated 10 serve hi.