Bridlington and Quay Gazette. — 1883-04-28 (Bridlington, Humberside, England)

KELLY'S TRIAL. DISLGREEMENT OF THE JURY.  Timothy Kelly was again placed in the dock of the Green-street Police-court, Dublin, on Monday, and charged with the murder of Mr. T. H. Burke. James Carey and the other informers gave eviden-e, but no new material fact was elicited. Mr. Glynn, the builder, who held a conversation with Carey in the Park, stated that he saw a group of four men near the oar, but the prisoner was not one of them. It was pointed out to the witness by counsel for the Crown that at the preliminary examination at Kilmainham he swore that he did not take particular notice of the four men, and could not identify any of them; and if, said counsel, he could not identify any of them, how could he swear that the prisoner was not there? The witness said he was not distinctly asked whether Kelly was present. The case for the Crown had not concluded when the Court rose.  The second trial of Timothy Kelly for the murder of Mr. T. H. Burke was continued at Dublin on Tuesday. The principal witness for the Crown was the gardener, Thos. Huxley, who identified the prisoner as being among a group of men on the night of the murders, and he now stated that on the same evening he described the personal appearance and age of the prisoner to a person with whom he conversed. Ten additional witnesses were called on behalf of the prisoner, to support an alibi, but their evidence was not coherent. A fellow-workman of the prisoner stated that about three o'clock on the afternoon of May 6th he went with the prisoner to draw his wages, but the prisoner's employer contradicted this statement, The wages, he said, were not paid to the prisoner, but to some one else, who stated that Kelly was at home, sick. Counsel summed up the case for the prisoner, and the Attorney-General having replied for the Crown, the Court adjourned until this morning. Mr. Justice O'Brien having summed up the evidence in the case of Timothy Kelly, at Dublin, on Wednesday, the jury retired, and in three-quarters of an hour returned. The Foreman announced that they were unable to agree to a verdict. Several times his Lordship requested the jury to retire and give the case fuller consideration, but each time they returned the Foreman said there was not the slightest probability of their agreement, and ultimately they were discharged. Michael Fagan was then placed in the dock, and charged with the Phoenix Park murders. Carey gave evidence, and in cross-examination he claimed the protection of the Court, as counsel was questioning him about the Decalogue and sacred matters. He admitted that he would have no qualms of conscience in "removing tyrants," under which designation he said Mr. Forster, Mr. Burke, and Colonel Hilliet came. A compositor from the Irish Times office was called, but refused to give evidence against the prisoner; but on being told by His Lordship that he would be punished if be did not do so, he was sworn, and stated that he saw the prisoner in the Park on the evening of May 6th among a group of men. Another compositor from the Irish Times officio, when caPed upon, said that no power on earth should compel him to give evidence, and threw down the Testament. Persisting in his obduracy, the Learned Judge sentenced him to twelve months' imprisonment, with the intimation that he had power to give him further punishment. The witness was then sworn, and identified the prisoner as being in the Park on the night of May 6th. Counsel for the Crown expressed the opinion that the witnesses had been " terrorised." The ease was not concluded. The trial of Michael Fagan at Dublin, for the murder of Mr. T. H. Burke was continued on Thutsday. Witnesses were called for the Crown to show that the prisoner was in the Park about the time of the murder. When arrested, a book was found in the possession of the prisoner showing that be eas enraged in the collection of funds for an illegal soeirty, and a pouch for revolver cartridges. Prisoner's counsel admitted that he was in the Park on the night of the murders, but ' their contention was that he had left before their ' commission, and at most was only an accessory before the feet. Witnesses were called to support this view. The case was not concluded. A Dublin correspondent states that the National Press is doing its utmost to defeat the ends of justice', and threatening letters are being sent broadcast to those who are engaged in the trial.