The Sun. — 1868-02-14 (London, England)

FEBRUARY 14, 1868.  TIIE  :IVNON  DUBLIN, Thursday. Patrick Lennon was tried yesterday in the Commission Court fur firing at Sergeant Kelly with intent to kill him. The Attorney-General, the _ _  Solicitor-General, Mr. Owen, Q.C., and Mr. Bull,  Q.C., conducted the prosecution; Mr. Purcell, Q.C., and Mr. J. A. Curran defended. The facts have been recently stated. Kelly identified the prisoner as the man who shot him. On crossexamination he stated that the night was foggy and hazy. He never had any doubt of being able to recognise the man. He had always an idea of him before his mind, but not always as good an idea as after he saw him in Kilmainham. But for the leaf he would have supposed that it was a cap which he wore on his head. He bad a good view of him, and could not be mistaken about his dress. He had never seen him before. In Kilmainham he asked the prisoner to pronounce the word " stand," and from the manner in which he did so, and from his walk, he had no doubt of his identity. Mr. Purcell read the declaration made by the witness in the hospital when he was supposed to be dying, and contrasted it with his evidence. In it he said he would not know the man again, and described his dress as a cap, a short black coat, and lightcoloured trousers. The witness explained that when he made that statement he was in an awful state of pain. When he made that declaration he bad not before his mind the smallest idea of the man who fired at him. The prisoner wore a low bat ; it was very like a cap. On the 20th of January he made an information, and he then had clearly before his mind every circumstance connected with the matter. Mary Donnelly deposed that she saw the prisoner fire a revolver at Kelly. She screamed " Murder !" and the prisoner turned round and looked at her. There was a gas lamp near, and she saw his face. Ann Clarke gave evidence to the effect that the prisoner passed her in Temple-bar shortly after the shots were fired. She had seen him before that night. Mr. Purcell, Q.C., addressed the jury for the prisoner. He complained that the Crown had tried him first for treasonfelony, and that he now appeared with a stigma which was calculated to prejudice the defence. Counsel contended that the evidence of identification had failed. The prisoner was brought on the table in order that the jury might judge of the inaccuracy of the evidence as to his height. He had been described as a low-sized man, but he stood five feet nine inches. A witness for the defence swore that he spent the evening of the occurrence in company with the prisoner in a publichouse, and at a quarter to 12 o'clock returned with him to his lodgings, where he remained until half-past 5 in the morning, sleeping in the same bed. On cross-examination he said he never slept with Lennon before, but he was shut out of his own lodging that night. Other witnesses corroborated the evidence. At the close of the case Judge Fitzgerald charged the jury. lie pointed out the discrepancies in the testimony of the Crown witnesses as to identification. The jury, after deliberating three-quarters of an hour, acquitted the prisoner. The Attorney-General stated that he would not proceed with the indictment for murder at this Commission.