Omaha daily bee., 1888-02-04
CONVICTED AND. SENTENCED.
The Two Alleged Dynamiters Found
Guilty in London.
FIFTEEN YEARS IN CHATHAM.
Callan and Harkins to Undergo Iso-
lated CONFERENCE.-The Pleas
For Mercy Disrcgarded - jus
tice Hawkins Sums Up.
Sentenced Every Time.
lCopwtOht 1888 bv james Gordon Benn

to-day and Immediately removed to Chatham
prison to undergo the fifteen years ofisolated
confinement which was fully described when
the previous dynamtards were sent there.
The result was inevitable after the testimony
of the chemical experts that the twenty
eight pounds of 'stuff' found in the sink at
Collan's lodgings was dynamite, coupled
with those admissions of his and Harkins.
His counsellor said: 90, $50,
81 admit that Collan had possession of dy-
Mantle from September 10 until Oc-
tober 6. When Cohen died and the
report Of the inquest was published,
Callan wished to get rid of the dynamite, and
for this purpose my client placed the dyna-
mite in his portmanteau for the purpose of
taking it down into the yard. Callan, know
ing that Cohen was i'll and that at any time
the dynamite might be found, had innocently
possession of it for the purpose of preventing
its discovery What Callan had done might
have been a stupid, foolish thing, but not a
criminal thing-a thing l ask the jury to be-
lieve. Calan had been led away by the ex-
cess of friendship for Cohen, and was not
member of the dynamite gang"
Mr. Firth, on behalf of Harkins, admitted
that his client had acted in an indiscreet
manner by making chance acquaintances on
board ship and in taking too much interest
in them afterwards. He asked the jury to
free their minds from prejudice and give his
client the benefit Of the doubt.
The conviction was under this statue:
"Knowingly having in possession and under
control an explosive substance under circum-
stances as give rise to the reasonable sus-
picion that they did not have it in their pos
session and under their control for a lawful
object"
No evidence was offered for the defense
and the jury came to the conclusion that if
twenty eight pounds was in their possession,
when eight pounds produced the Westminster
explosion, and if much more was washed
away in the sewer, the object of the posses
sion was not lawful. Colonel Maiendie test-
fed that he also found particles of dynamite
in the portmanteaus of both prisoners. They
could not testify in their own behalf.
Strangely enough the bill allowing such tes-
timony was killed by the Irish members last
session.
Minister Phelps occupied an honorary seat
on the bench, and Justice Hawkins several
times seemed paying him the compliment of
consulting.
Callan, on standing for sentence, merely
protests his innocence of guilty intent but
Harkins made a little speech, saying, in sub
stance: II have wife and six children, one
of whom was born since l left America. The
oldest is six years. Therefore, as far as life
is concerned, ought to be one of the last in
world, knowing the value Of the lives of those
who are dear to me, to engage in anything to
destroy the lives of other people. l did not
come over here with any such intention as
alleged against me, and may say i knew
not what dynamite was. I never
handled it and have no
knowledge of what it is. 1
never knew anything about it until l heard
of it in the courts here in London. Further,
would say if had any dynamite in my box,
how is it that it was not found by the officers
when they searched my luggage when came
over in the City of Chesterl All else 1 have
to say is, I hope God will forgive those who
have sworn against me, at any rate / will.
That is all 1 have to say.' ..,..s
In sentencing them the Judge, among other
things, said: although one of you has as
serted that he is innocent, and the other has
said he did not know what dynamite was, l
can hardly credit those observations. ! can
not believe you two were engaged in dong
what you did on September 10 in carrying
| that large tin box of dynamite to Callaus
| lodging without knowing you were taking it
! there, temporarily, perhaps, in order that it
| might be put out of the way; and" if
| you, Callan, felt that you We're innocently
| in possession of q harmless substance, and
were committing no crime, it can hardly be
| supposed that you would, in the right time,
have taken out piece after piece of dynamite
and thrown it into the water closet in the
| hope that it might be forever concealed. AS
| regards the character which has been given
| you in affidavits from America, would with
reference to you, Callan, gladly listen to
them in mitigation of your sentence. if my
public duty would permit me so to do. But,
| in considering the value of testimony, am
bound to ask myself, is the character
these persons have given you a
character they would have given if they had
known how you were engaged in this coun-
| trys You may have persuaded them that
you did not do these wicked things. With
regard to you, Harkns, although you have
appealed to me, with regard to your position
| and professed ignorance of the substance
| with which you were dealing, l must say nC
| man of common sense could believe you. The
| law permits me, in my discretion, to pass or
each of you much heavier sentence thar
that which ! am about to pronounce. If
had before me your guilty principles, for
believe there is one and perhaps there are
more than one, who prompted yol
to the commission of the crimes Of which
| you now stand convicted, Should
have felt that my duty towards the public
safety absolutely required that should pas.
sentence involving the full extent of punish
mcnt the law allows. The sentence you can
not but expect to receive must be severe,
indeed, as warning to all men, 81
that others may be deferred from
the commission of such mischievou
acts or the entertainment of th
designs you have been found to have cher
ished. Looking at all the circumstances ant
everything have been able to see IN you
favor, feel that at best l can only look OIL
this case as one in which, without passing upol
you both the extreme sentence Of the law, it /
necessary should impose sentence of con
siderable severity. Therefore, under all tn
circumstances, it is my painful duty to con
denn each of you to penal servitude n,
| fifteen years"
| There seems no reason to think that tn
accused have not had fair play by undue ev
dence. Both the attorney general and iudg
I f--ll- =