The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-14

THE. DUBLIN AssAssINs.
Conviction and Sentence of Brady-To
Hang on Nav IA.

Hang May IA.
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 a girl. on Domineck street, be-
tween and o'clock, on the evening of
May 6. He recognized Anne Meagher, who
testified yesterday that she was with Brady
on that evening, as the girl. Witness said
he also met Brady the following day. The
latter declared the murder would ruin the
| cause of Ireland.
Upon the conclusion of Kennedy's testi-
mony, the defense announced that they
would call no other witnesses, and the argu-
ment of counsel for the defense and prosecu-
ton followed
DIR. Webb Q. c., leading counsel for the
prisoner, said he begged to submit respect
full protest against any evidence being al
lowed in this case which would bear upon
the existence of conspiracy prior to May 8,
even though evidence were excluded by that
means which would throw light on plot ex-
isting before that date to murder Burke.
The only exception to this principle would
and acts of the prisoner might, with
propriety and according to rules of evidence,
be admitted. In support of this position
Webb cited various authorities, running
from the time of Edward l. down tosthe
present. He said; 1.-THE prisoners were
first arraigned before this tribunal on
charge of conspiracy. This was followed up
by the more serious charge of murder.
contend that such a combination of charges
is unprecedented in the history of criminal
| cases."
The court reminded DR.. Webb that the
present Indictment was not conspiracy and
murder, but single indictment for murder.
DIR. Webb continuing, said: IAN indict-
ment for conspiracy to murder, Your
Honor, may only be based upon evidence
going to show that there was a design to
murder some definite person. The law
regulating evidence of aiders and abettors in
cases of conspiracy could not be made to
apply to the present case"
Sullivan, for the defense, in his argument
supported these views.
Porter, for the prosecution, replied that
the evidence given by Kavanaugh yesterday
against Brady was only OF the kind which re-
lated to his own doings prior to the murder.
received his instructions as to driving and
waiting from Brady.
ARG GUMENT FOR THE DEFENSE.
Adams for the defense declared that the
change in Kavanaughs evidence Yesterday
his sudden discovery that it was Smith, and
not Delaney, whom he drove to the scene of
the murder with Carey, was, as any could
clearly see, story concocted between him
(Kavanaugh) and Carey. There were other
discrepancies between the evidence given by
the informers and that of the other wit
nesses by whom the Crown sought to
back up their perJuries. With one soli-
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
that they were able to recognize him as the
man whom they saw in Phoenix Park that
day. If the jury believed these witnesses to
be mistaken, then the case rested solely on
the suspicious evidence given by the inform
ers. The doubtful character and unreliable
lty OF their evidence were too clear to be
commented on. If the jury would set the
evidence of the inncent girl Meagher against
that of the infamous Carey, liar and hypo-
crite-yes, liar and hypocrite, and murderer.
too, by profession, as well as practice-they
would undoubtedly declare, in accord with
the facts, probabilities and evidence that
Brady was not guilty.
The court here said the points raised by
DR. Webb against the introduction of evil
dence could not be sustained.
Adams, closing for the defense, said:
"Heayen forbid that l should ever be ar
raigned before tribunal of public opinion
as the defendant Brady has been, in advance
of regular trial. Brady's case has been pre-
judged, his guilt has been presumed in
manner the most scandalous on record. Let
not the jury be 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. Let them
bear in mind that the chief evidence against
him comes from persons who spoke to save
their necks. Such evidence must ever be re-
garded with great suspicion" He went on
to say that the principals in the conspiracy
had fed to the United States and France be-
fore Carey and Kavanaugh had given their
testimony in the Kilmainham examination.
CROWNS REPLY.
Naish, for the Crown, in reply, said: 1.-The
circumstances of the crime are not doubted.
1t is equally conceded that it was the fruit of
a conspiracy and not matter of personal
revenge For this reason the Crown has
been able to adduce evidence of the exist
ence OF a conspiracy. The account of its
organizations, its objects and plans, given by
Farrell, was such as could never lave been
concocted by the most skilful lawyer The
counsel then traced the connecting links of
the evidence. 1t had been shown that Brady
was absent from his work on the 5th and 9Th
of May. The book of the time keeper estab-
lished this fact. Il was also proven that he
made inquiry for Burke on the 9th Of May.
This appeared from the undisputed and in
dubitable evidence of the lodge-keeper's
wife, The fact that Kavanaugh amended
his evidence did not discredit that witness,
but proved his veracity and fortified his