The Blandford and Wimbourne Telegram. — 1883-05-04 (Blandford, Dorset, England)

ACQUITTAL OF FITZHARRIS. The trial of James Fitzharris, alias "Skin the Goat," car driver, for the murder of Mr. Thomas Henry Burke, was resumed before Mr. Justice O'Brien in the Greenstreet Court-house, Dublin;on Tees lay morniog. Mr. M'lnernee, for the defence, said be proposed to cal no witnesses. He argued that the accused could not be held responsible for the deeds of others. There was no ()roof directly or indirectly on behalf of the prosecution that Rtzharris was a in .mber of the Inv incibles, or even of the Fenian organisation. On the cmtrary, Carey distinctly stated that he did not know Fitzharris to be an Invincible, and that ho did not believe he was. The le uned counsel then went on to contend that they could nut rely on the testimony of the independent witnesses, as none of them f x 'darned VIM there was anything t r attract their attention to the prisoner. Referring to the conversation which Peter Carey declared he had had with the prisoner, and in which the prisoner was alleged to have given description of the assas-ination, he pointed out that Fitz barrio was sworn to be 200 yards away at the time the crime Was committed, and it would have been impossible for him to have heard what conversation took puree. At most, therefore, even if he had till Peter Carey such a story, it could not have been what he had seen and beard on the sp rt, but what be haul heard afterwards. A great deal had been made of the fact that sometimes Fitzharris drove a white horse, but he osked the jury was it reasonable to suppose that if Fitzharris was aware of what he was doing he a ould have selected a horse of the most censpicuous colour he could obtain. The prisoner had never received more than his ordinary fare as a cabman ; and he asked was it possible to suppose that if Fitzharris had known that he was engaged in such dangerous work which might cost him his life, that he would not have demanded a higher sum than he was acually entitled to for his services ass car driver. K ivanagh, who was the sworn driver of the assrciation, was most liberally paid, and received beeides several slims of money, but the prisoner had received no such sums. In conclusion, he urged that the prisoner, notwithstanding all the reliable evidence against him, might have been in the park in pursuance of his legitimate business, and was entitled to their verdict of acquittal. Mr. Murphy, Q.C., having addressed the jury for the prosecution, Mr. Justice O'Brirn proceeded to sum up the evidence to the jary, and pointed out that the prisoner must have been in the Park on the 6th of May, and must have been aware of the designs and intentions of those whom he carried away from the scene of the murder. The question they bad to consider, therefore, was whether he was innrcentiv present, or whether ho was present in order to assist in that murder or to carry the assassins away after the murder. If they had any reasonable doubt as to his having any previous knowledge of the intention to commit the crime they would be bound to acquit him. The jury retired at 20 minutes to one o'clock. On returning into Curt they found a vsrdict of "Not Guilty." Mr. Peter O'Brien then asked that the prisoner should be put back for the present, and intimated that another charge would be brought against him. The prisoner, who did not speak, was taken from the dock.