Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-09-30
At TIPPERARY.s
ALI Ireland Watching the AL
legged Conspirators' Trial
The Prisoners Counsel Announce Their
Determination to Appeal to
the Higher COutr.
The Government VIII Bring Action Against
Those NatiOnalists Who Precipitated
the Tipperary Riot.
The Nationalisrs' Trial,

DUBLIN, Sept. 29.-The eyes of all
Nationalist continue 10 be fastened
upon the court at Tipperary, where
Messrs. Dillon, O'Brien and their fell
low prisoners are undergoing trial on a
charge of conspIriDg to prevent the pay
ment of rent to Smith Barry, landlord of
Tipperery. The perem ptory refusal of
the court on Saturday to receive affidavit
OF defendants, Directing 30 Magistrate
Shannon's sitting on the case. on the
ground that he would be biased, was
considered by the Nationalist as a
further indication that a fair hearing
could hardly be expected before the
court, as at present constituted. They
think that the affidavit was entitled to
respectful consideration, instead of being
denounced by the crown as an 'infa-
nous libel'' or shannon, and by the
latter as an attempt to "make scandal
of justice. Defendants assert that
they acted in entire good faith in pre-
senting the affidavit.
They hold that they were entirely
within their right in protesting against
being tried before a magistrate whose
fairness and impartiality they had abun-
dant reason to doubt.
Defendants and their friends were in
consultation again yesterday in regard to
the composition of the court, and all
grounds of the objection to Magistrate
Shannon were again discussed, and the
opinion was reached that his sitting in
the case was too serious a matter to be
tolerated if it could possibly be pre-
vented. 1t was decided, therefore, to
make one more effort to get Shannon
out of the case, and plan of procedure
was formulated.
At the resumption of the trial this
morning Tim Healv addressed the court
on behalf of defendants. He referred to
the refusal of the magistrate to consider
the prOpriety of Shannon s Withdrawing,
and announced that in view of this de-
PENDANTS felt themselves constrained to
refer the question to the high court of
justice at Dublin. The defendants, he
said, would apply to that court to-mor-
row for writ to prohibit the present
magistrates from proceeding with the
conspiracy case on the ground of bias
against defendants. The counsel for the
crown, Mr.. Healy continued, would now
have to decide as to the wisdom and
propriety of going on with the hearing
pending this application to the high
court.
1t is likely that the last has not been
heard of the collision between the police
and people in front of the courthouse at
Tipperary last Thursday. 1t is reported
this morning that the government in
tends to Prosecute many of the persons
who were present in the crowd for iucit-
ing riot. MIR Harrison, member Of par
lament fo'' the middle division Of Tip
perary, w4o received Il severe blow over
the head from policeman club, is
mentioned among those likely to be
prosecuted. Col. Caddells, presiding
magistrate at Tipperary, hearing it, as
serts that John Merely appealed TO him
to exclude the crowd from the court
house.
When Mr.. Healy resumed his seat Mr..
Rohan, crown prosecutor, said he could
not consent to the suspension of the
bearing pending the proposed applica-
ton by the defense to the high court.
Thereupon the introduction of testimony
for the prosecuti1l was begun, and the
rest of the day as taken up with the
reading Of speeches by defendants on va
rious occasions, which the crown con-
tended were of incendiary character.