Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-09-26
Protests from Harrington and O'Brien--Ths Acc1strs
Allowed 70 Amend Their Plea-High
Handed Proceeding Of the
Court.

Ilppcrafy the NatlOnallStS started Tor
the Court House in a body. They had
not gone far when they stopped at
street corner and entered into
conversations While they were
standing there and in no way
disturbing the peace, they were ordered
by the police TO move on. John OCon-
nor, Member of Parliament for South
Tippcrary, took very vigorous eXcep-
tion to this order and showed his con
tempt for the police by calling upon the
crowd, which by this time had become
large, to give three cheers for John
Morley. The cheers were given with
hearty good will. much to the eXaSper-
alton OF the police, who thereupon
charged upon the group and attempted
to force il to move forward. In the
melee that followed the police did not
hesitate To use their batOnS. One burly
constable aimed a blow at John Morley
himself, but John OCOnnor, who stood
near, wardcd il of. The NationaliStS
then continued their way slowly to-
ward the Court House. As this was the
day fixed for the trial of the
arrested NationaliStS, the streets Of
Tpperary were full to oyerllowing with
people Interested in the case. Nation
aliStS had throngcd to the town from
all adjacent parts, many Of them carry
ing the national weapon, the Shillelah,
and to use it if prOvOcation would arise.
ANOTHER VICTIM.
Early in the day it became known that
still another arrest had been made. The
victim this time was Thomas j. Condor,
Member of Parliament for Tippcrary
east. lie was taken this morning at
Limerick. and also brought to Tippcra-
ry. When the hour for the sitting of
the court arrived, an immense crowd
had collected before the Court House,
ready to rush i'm as soon Is the doors
were thrown open. The authorities
decided not to open the doors to the
general public, but to admit only
those who were Immediately in
tercsted in the trial The crowd
did not take kindly to this treatment,
but pressed forward trying To force
way into the Court House. The police
Stoutly resisted, charging repeatedly ON
the crowd, and using their clubs freely
on whoever happened to be within
reach. During the conflict many per-
sons were wounded with blows from the
poicemen'S bludgeonS. Among the
wounded were Timothy Harrington,
NJ. =. for Dublin, and Mr.. Halifax.
Both received heavy blows on their
heads, which bled pr'fuSely. They
made their way into the Court room
as soon as they could. Their appear
ance in Court created a profound ScnSa-
tiou and lent additional emphasis to
the complaint which Mr.. O'Bricn
made.
Mr. John Morley arose and addressed
the court, manifesting great agitation
both i'm his tone and manner. He earn
cStly appealed to the court 10 protect
the populace against the wanton use of
the club by the police. Meanwhile the
Nationalist leaders continued TO protest
against the exclusion of the general
public from the Court room. Both Mr.,
Morley and Mr.. Dillon appealed to
Col. Gaddem, the presiding magistrate,
TO reverse his decision TO keep the
doors shut against the public. For
some time he refused to rccede from
his determination. MesSrS. Morley and
Dillon. however, continued to labor
with him, and nj last he yielded the
point and ordered the doors thrown
open.
4 BIASED JUDGE ON THE BENCH.
At the outset Mr. Dillon objected To
being tried before resident ManiStrate
shannon. The grounds Of his objection
were that he had had personal en-
counter with Shannon on one occasion
at CaShcl. At that time he asserted
Shannon had grossly inSultcd him. He
urged. therefore, that there would be
manifest improperly i'm ShannOn'S sit
ting at the present trial. Mr.. Shannon
refused to admit the validity of Mr.
Dillon'S objection. He knew of no rca.
son why he should not 90 on with the
case. He declared he would perform
his duty without bias.
VIM. O'Bricn also objected to Shan
non. The last time he saw Shannon he
said Shannon was at the head Of body
of police who were using their clubs up
on the people Moreover, Shannon had
already been tried three times on similar
charges. His sitting in the present case,
O'Bren said, was an indecency and an
insult The magistrate answered
O'Bren's objections in the same way
that he had disposed of Dillon'S.
HIGH HANDED PROCEEDING.
Mr.. Roman, counsel for the Crown,
asked permission Of the Court to make
some slight alteration i'm the charges
against the prisoners. The latter pro-
tested vigorously against such permiS-
sion. urging that it would be Illegal for
the Court to grant IT, The Court paid
no heed TO the protests but permitted
the counsel for the Crown to make the
desired changes. Mr.. Roman then pro-
cecded To open the case for the prose-
cution. lie reviewed the circumstances
which had led TO the arrest of the
Nationalists. These, he said. went back
TO the time when the "plan OF cam
paign" was in force on the Smith-Barry
estate at Tipperary. That happened in
May, 1859, and he proposed TO present
evidence TO prove conspiracy on part OF
the defendants from that time down to
when the arrests were made. During
all that period he proposed TO prove
that the defendants were couSpiring 10
prevent the payment Of rents TO Mr..
Smith-Barry, and were melting the ten
ants of that gentleman not to pay.
The defendants protested against the
introduction of evidence touching mat
tcrS that were anterior 10 the dates spec
flied in the warrants upon which they
were arrested. After considering these
protests the Court decided that the pros
ecution might produce testimony of
general character to prove the existence
Of conspiracy prior to the dates given
i'm the warrants. but that no evidence
could be permitted concerning acts of
the defendants which were done ante
rior To those. the dates of which were
mentioned i'm the warrants.
sympathy With the Nationalists.
CINCINNArI, O.. September 25.-The
news of the attack Of the police upon
the people of Tipperary, in which Tim
ethy Harrington, Secretary Of the Irish
League. received a serious wound, and
that John Morley, whom the Council
call the great exponent OF the new and
better England. is reported to have mar
rowly escaped death, aroused intense in
tense indignation among the members
of the National Council Of the Irish
League now in session in Cincinnati.
The following cablegram was de
spatched to secretary Timothy llarring-
TON Dubliu: