The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1884-06-28 (Stourbridge, West Midlands, England)

THE BARBAYILLA CONSPIRACY.  The second trial of the second batch of six men for the Barbavilla conspiracy to murder concluded on Saturday evening. The trial lasted four days, and resulted in the conviction of the accused—John Fagan, Patrick Fagan, John Boyhan, James Gaffney, John McGrath, and William McCormick.  Mr. Justice Lawson, in charging the jury, said it would be for the jury to ask-themselves whether they could accept the theory put forward on behalf of the prisoners that the murder on the 2nd of April was the result of individual vengeance, or whether, as he was of opinion, from all the circumstances, it was the result of a conspiracy. It would be for them to form their own opinion, but it seemed to him that he must start in the consideration of this case on the theory that this was a conspiracy to which a great number of persons were privy, and that in addition the people round about sympathised with the object of it, and that the assassins had no apprehension from them. The M'Keowns were the principal witnesses, and there was in this case no question of law involved as to the admissibility of their evidence. Passing to the question of the meeting on the 24th of March, his lordship said it would be for the jury to consider whether if the story of the M'Keowns was a concoction they would have brought into it so many as a score of persons. Re found nothing against the character of the elder M'Keown, except the transaction which they vs ere now engaged in investigating. Young, McKeown was open to graver impeachment. Raving made an improvident marriage, and finding that he had no means of living, he made a deliberate false oath in swearing, in order to get into the army and get a living, that he was not an apprentice and that he was not married. As to the other charges against young M'Keown, that of taking some oranges and that of taking a blackthorn from a hedge, he thought too much had been made of them.  After an absence of two hours the jury returned, into court with a verdict of "Guilty," and recommendation to mercy, especially for John M‘Grath. Boylan's wife, who was in the gallery, became much excited when she heard the verdict, and with bitter tears cried out " Oh John, oh John! " _ _ _ _  Mr. Justice Lawson in passing sentence said he entirely concurred in the verdict, and at the same time appreciated the recommendation of the jury and would act upon it. The highest penalty which attached to this offence was ten years' penal servitude. That had been already awarded to certain persons who had been found guilty of the same conspiracy who were more guilty than the prisoners. They all appeared on the scene of the murder, and, therefore, he should not, he thought, be justified in imposing as high a punishment on the prisoners as was properly inflicted on the others. At the same time it was a most serious offence and resulted in the death of an innocent woman. He should, therefore, pass upon all, except John M'Grath, a sentence of seven years' penal servitude, and on John M`Grath a sentence of only eighteen months' imprisonment. Dr. Webb, Q.C., claimed that the prisoners had already been in gaol twelve months, and asked could not that period be allowed in their sentence. Mr. Justice Lawson replied that there was a difficulty in point of law. A sentence of penal servitude could only date from the time of conviction, but he was sure that would be taken into consideration. Dr. Webb asked that in the case of M‘Grath his Lordship would take into consideration the fact that he hadbeen already twelve months in gaol and date his sentence from hi s committal. Arr. Justice Lawson claimed that would be given him no imprisonment at all; however, he would make the sentence twelve months in his case.  The prisoner Boylan protested his innocence, and said he had never offended a manin his life. . Serjeant O'Brien (tc) the gaoler) : GOVernOf, yeni un.derstanj, ybur duty; remote the prisoners. Tha E.E),:golli then saluted their friends in the gallery and bade them good-bye. M'Cormack said, "We will come out as innocent as we went in; we have been found guilty by a packed jury." The prisoners were then removed.