The North-Eastern Weekly Gazette. — 1888-03-31 (Stockton-on-Tees, Cleveland, England)

THE MURDER OF A KERRY  FARMER.  L'o-A,  At the Wicklow Assizes on Monday, before Mr Justice O'Brien and a special jury, the trial of Daniel Hayes and Daniel Moriarty for the murder of James Viten:murk°, near Lianaw, in the county of Kerry, on the 31st January last, was commenced. Mr Matthew Burke and Mr Hennessy appeared for the prisoners.—The Attorneydloneral, in stating the case for the Crown, said that Fitzunsurice had been boycotted for a long time before the murder took place for having taken possession of a farm from which his brother had been evicted. He was placed under police protection. On the morning of the murder he was going to the fair with his daughter, and having prevailed upon the police who were accompanying them to return, the two went on alone. They were then set upon by two men, , and Fitzinaurice was brutally murdered. The , daughter of the murdered man witnessed the whole occurrence from the car, and she would identify the men in the dock.--Norah Fitzmaurice, the daughter of the murdered man, deposed that on the 31st January thy got out to the pig fair mu Listowel, accompanied by an escort of police. Her father asked the police several times to return, as they did not want to appear under police protection at the fair. After being pressed several times the police returned, and witness and her father went on towards Listowel. As they approached a place on the road called Hermitage they met a man, and her father bade him " Good morning." The man did not return the salutation, but giving them a eisaeching look went off in the direction they had come in. Here witness identified Moriarty. She had no doubt of hie identity. They proceeded then towards Listowel, and soon she, saw two men running along the road behind them. Her father had got off the cart and was walking along the road by the side of the horse. The men kept running till they came up with witness's father. She heard them say something to him, at which he (deceased) screamed. One of them was Moriarty. He then fired a shot at her father, who raised his whip and struck him with it. Iler father then turned to run from them, and they fired a! shot each after him. The second man was Daniel Hayes. She bad not the least doubt of that. They made off then, and she was left alone with her father on the road. Some cars passed, and she recognised a man named Daniel Mahony on one car. She celled to him, and said, 'My father is shot." Be replied, "Ho is not dead yet," and went away without taking any further notice of them. She afterwards got her father carried to the house of a man named Carrel. He died there after about half an hour without having spoken.—A number of constables were examined, and depoeed that Moriarty when arrested had , his cheek swollen and red, as if from the blow of a whip.—Dr. Dillon depoeed that when he examined Moriarty at half-past ten on the night after the murder he found no marks of that description upon him.—Captain Massy, RM., examined by the Attorney-General, stated that he was present when Nora Fitzmaurice was identifying the prisoners. He had never seen a more ready identitication.—Head Constable Stretton produced the clothes of the murdered man. There were six holes in the garments, three caused by the entrance, and three by the exit of the bullets. The bullets passed completely through the body of the unfortunate man, one severing the femoral artery and causing his death. Borah Fitzmaurice was taken out of the Court sobbing during the examination of the clothes. The Court adjourned.—The trial was continued on Wednesday. Mr Justice O'Brien haying summed up the evidence, the jury, after a lengthy deliberation, found bath prisoners guilty. Sentence of death was then passed. On hearing the sentence Hayes cried out, "1 defy the rope; I am innocent."  Mr John Albert Bright has consented to contest Rochdale in the Liberal Unionist interest at the next election.  Tug