The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-04-18
BRADY CONVICTED.
The Phoenix Park Murderer Found Guilt,
and Sentenced to Death.

The Phoenix Park Murderer Found Guilty
and Sentenced to Death.
DUBLIN, April 13.-The trial of Joe Brady
was continued this morning. The defense
called clerk named Kennedy, who swore
that he spoke to Brady, who was accom-
panied by girl, on Domineck street. be-
tween 5 and 7o'clock, on the evening of May
6. He recognized Anne Meagher, who testi-
Ted yes 'erday, that she was with Brady on
thai evening, as the girl. Witness said he
also m t Brady the following day. The latter
declared that the murder would ruin the
csCse Of Ireland.
d.. Webb, of the Queens counsel, leading
counsel for the prisoners, said he begged to
submit respectful protest against any evil
dence being allowed in this case which
would bear upon the existence of a con-
spiracy iprior 10 May 3, even though the
evidence were excluded by that means
which would throw light on plot existing
before that date to murder Burke. The only
exception TO this principle would be that
the evidence which concerned the words and
acts If the prisoners might, with propriety
ard according To the rules of evidence, be ad-
mitted. Insupport of bis position Webb cited
various authorities, running from the time Of
Edward /. down to the present Hesaid: The
prisoners were first arreigned before this
tribunal on the charge Of conspiracy. This
was followed up by the more serious charge
of murder. L contend such a combination
of charges is unprecedented IN the history o;
criminal cases"
The Court reminded Dr. Webb that the
present indictment was not conspiracy and
murder, bat single Indictment OF murder
Dr. Webb continuing, said: The irdict
ment for conspiracy To murder, your Hon
or, may only be based upon evidence going
to show there was design to murder some
definite person. The law regulating evil
dence of aids and abettors in cases of con-
spiracy could not be made to apply in the
present csse."
Sulli, sn, for the defense supported. these
views. Porter, for the prosecution, replied
that the evidence given by Kavanaugh yes
terdsy against Brady was only Of q kind
which related 20 his own doings prior to the
murder. In fact, it simply showed that
KavaDsugh received his instructions as to
driving and waited for Brady
Adams, for the defense, declared a change
was made in KaYsnangh's evidence yester.
day. His sudden discovery that it was Smith,
and not Delaney, whom he drove to the
scene Of the murder with Carey, was, as any
one could clearly see, story conc0cted be-
tween him (Kavanaugh) and Carey. There
were other discrepancies between the evil
dence given by infOrmeTs and that of other
witnesses by whom the Crown sought to
back up their perjuries. With one solitary
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 recognizes him rs the man who
they saw in Phenix Park that day. III the
Jury believed these witnesses to be mis-
taken, then the case rested solely on sus
plcions. The evidence given by informer,
was of doubtful character, and the unre
liability of their evidence was too clear to bt
commented on. If the Jury would set the
evidence OF the innocent girl Meaghel
against that of the infamous Carey, liar anC
hypocrite-yes, liar and hypocrite and mur
derer, too, by profession as we'll as practice
they would undoubtedly declare in accord
with the facts, probabilities and evidenct
that Brady was not guilty.
The Court here said the points raised by
| DR.. Webb egai1st the introduction Of evi
dence could not be sustained.
After Adams' speech for the defense
Judge 0'Brleu began his charge. The Judge
finished his charge at thirteen minutes after
5 O'Clock, when the Jury retired. They die
not remain long away, Tor, after about forty
minutes, they sent word they had reached
an agreement, and, being summoned back Il
their benches, announced amidst breathles'
silence In the OOurJ tn6b joseph Drauy VIZ
guilty of murder. The verdict OF the JURY
| vas rendered five minutes before O'Clock
| When the verdict was read deep but sup
| pressed murmur went round the COuI
Room, and Brady, who up to this time hsd
| been singularly composed and free frog
emotion. turned ashen pale.
| DR.. Webb started up to make motion
and after complete silence had been re
stored, and before the Judge pronounce'
sentence of death, said in an impressiv
voice: l desire to move for en- arrest o
| judement He alleged that under tn
crimes act the Jury which had heard th
case and had just given in its verdict wa
not legally formed; that the prisoner hat
not received notice that he was to be trie'
before a pfcial Jury.
The motion was denied by Judge O'Brien
who now said to the prisoner: Have yol
anything to say why sentence of deaf
should not now be pronounced upon you?
Brady responded in loud, clear and fir
voice: az am not guilty of the charge whic
the informers have sworn on me. Thes
men would swear away the life of any on
to save their own"
| Sentence was then pronounced that on th
14th of May next Joseph Brady be haDges
After the sentence Brady, who had reco'
cred his eomposure. rose In his seat, ar