New-York tribune., 1883-06-15
PENAL SERVITUDE FOR LIFE.
FOUR DYNAMITE PLoTTERs SENTENCED.

| BURGH NOT GUILTY.
LONDON, June 14.-The trial of DR.. Gallagher
Bernard Gallagher, Whitehead. Curtin, Wilson and
A nsburgh, who are charged with treason-felony,
was continued this morning before the special court
constituted therefor viz; Lord Chief-Justice Cole
ridge. Justice Brett, of the Court of Appeals,
and Justice Grove of the Court of Common
Pleas The Court stated that it considered the evil
deDce against Bernard Gallagher and Ansburgh
sufficient to be submitted to the jury Justice
Grove concurred in the decision, hut. without ex-
pressing an opinion as to the ultimate result,
thought there were grave doubts as to the suffi-
cheney of the evidence against Ansburgh.
THE rEFENCE OF THE PRISONERS.
Mr.. Clarke. O. c., of counsel for the defence,
challenged the Crown to roint to q single syllable
of the evidence given at the trial. outside of that of
the informer Lynch, which showed that the inten-
ton OF the prisoners was to assa the authority Of
the Crown or to overawe Parliament. He declared
that Bernard Gallaghers statement contained no
evidence against anybody but himself.
There was nothing to support Lynch's statement
relative to the existence of club in America whose
object it was to free Ireland by force. He partcu-
larly noticed that Lynch, since the examination of
the prisoners in the Bow Street Police Court, had
unaccountaby remembered that the oath he took
In New-York contained reference to the Irish
Republic
Whitehead, speaking in his own behalf, said
there no evidence to show that the nitro
glycerine found in his factory was intended for
illegal purpose. He declared that 1t meant for
mining purposes. Ansburgh declared that ne was
as innocent God Almighty of the charge pre-
ferred against him. He stated that he accidentally
met DR.. Gallagher twice. Mr.. ROwlands, Q. c., in
behalf of Curtin, declared that bis client had been
innocently seeking work and that DIR. Gallagher
l,,A A.
Glasgow. Wilson announced to the Court that as
far rs he was concerned lie left the where it
stood.
THE PLOTS AND THE UNITED STATES GOVERNMENT.
Mr.. Mathinson, in behalf of Bernard Gallagher,
argued that there was no case againt his client as
he had acted while under the influence of liquor.
He said there was nothing suspicious IN an elder
brother who was better off than younger
sending money to the latter He confidently asked
for the discharge Of the prisoner. MT. Mathinson
admitted that Bernard had general knovedge
of the hostile designs Of the dynamteurs, but said
{ must be remembered that he was n resident Of
Brooklyn and could not be judged by the same
standard as an Englishman was 1t was a matter
OF common knowledge that plots existed in America
for the manufacture of dynamite for use against
England almost with the cOnniyance of the Amer-
can Government.
this language. and declared that liz awas no proof
that such the case Justice Brett declared that
counsel hal no right TO make such remark. He
said there was proof of the existence in America
of plots of connvance thereat the part OF the
Government Of that country. Lord Chef-Justice
Coerdge also rcbukcd Mr.. Mathiuson tor his re-
mark. He said 81 think it is only due TO our
friendly relations with great Government that
You unresoTvedly withdraw your statement" Mr..
Mathuson said he would gladly accede to the ruling
of the Court.
Miss Mary Gallagher testified that she lived in
BROOKLYN, n, Y. with her brother, Dr. Gallagher.
She said she had never seen Lynch or heard that |
her brother was connected with the Emerald Club.
The latter always spent his evenings Mt home. |
Bernard Gallagher, she said was a drunkard and |
had given the family much trouble She believed |
lie had softening of the brain.
TIE CASE OF Tns PROSECUTION.
The case for the defence was then closed and Sir |
Farrer Hersche the Solicitor-General. repl led on
the part of the prosecution lie said there was not
the slightest doubt that DR.. Gallagher, Whitehead
and Wilson were connected with reasonable con-
spiracy The question in regard to Curtin was
whether or not he knew the object and purpose of
the conspiracy.
In Ansburghs case the evidence as TO his guilt was
not as conclusive. II the jury were in doubt as to
his guilt Ansburgh should have the benefit of IL.
IN regard to the case Of Bernard Gallagher. he said
the question was whether or not he knew of his
brothers plans and told Curtin why he was sent to
London.
CHARGE OF THE LORD cHGEP-JUsTIcE.
Lord Chief Justice Coerdge then began his
charge to the jury. lie said the crime with which
the prisoners were charged was one of the gravest
and heaviest possible He would not describe the
,alamites which the explosives mig ht have caused
he desired that both the jury and himself should
consider the facts OF the with judicial calm
ness. Society could not exist, he said If the offence
:bacged against tho prisoners was not within the
yTasp of the law. When IL was proved. there
should not DO the slightest palterng on
he part OF either judges or juries. |
Il was sufficient for the jury to convict the pris-
)ners IL they thought ono or more OF them had |
neditated violence against public property or the
ives of the Queens subjects for the purpose OF
against Dr. Thomas Gallagher. Whitehead and WI
on much stronger than II was against the |
others. He said that although ii was not required
,y the letter of the law, il advisable that the
,vdence of an approver should be corroborated. A
argc amount ofAmorican money had been found
n DIR. Gallagher's possession when he was arrested
hat fact tended to confirm the statement OF Lynch
hat Gallagher one of the chief organizers in r
America and London of the conspiracy. Although :
Dr. GallagheTs sister mad been called as q witness
here had been no attempt TO prove that the money
lad been earned In the ordinary course r
f business Lynch's evidence had been con- &
rmed in several other important points, I
nd he believed It was generally trustworthy. He q
ecared that the assertion that the ntro-gly
Tas intended for Legitimate purpose was ncredi-
lie when one considered the reckless manner in
7hich quantity sufficient to blow up half of Lon
on had been iolted about on cabs. NO legitimate
raider would have resorted TO such means of con-
eyance. In conclusion he said 10 was most impOr- 81
ant that society should be protected and on the G.
thor hand that aliens should not be convicted of 81
owever grave crime unless on the clearest evil
ence.
THE VERDICT OF THE JURY.
The jury retired at 5:3J o'clock After short
me they returned to the courtroom and an
ounced that they had found a verdict OF guilty l.
gainst DR.. Gallagher, Wilson, Whitehead and Cur.
n and verdict of not guilty IN the case of
nsburg and Bernard Gallagher. Therfour men :,
nnd gniltY Mere then sentepced TO penal seryl- ~