Denton and Haughton Examiner, etc. — 1883-05-19 (Denton, Greater Manchester, England)

THE "VIGILANT" PLOT.  in the Dublin Police-court, before Mr. O'Donel (chief magistrate), Sylvester Kingston, carriage builder, Thomas Gibney, house painter, and Thomas Healy, tailor, have been charged on remand with having conspired to tuurdtr Joe Poole, a Fenian Centre, who is himself in custody, a true bill having been found against him for complicity in the murder of Conetable Cox in Abbey-stmt. Mr. Seat' Lee Anderson prosecuted; Mr. ild,Cune appeared IKr Kingston and Gibney; and Mr. Tyndall for Healy. Mr. Andeivon said he was directed by the Attorney-General to apply that the prisoners be returned for trial at the Commission without putting forward further evidence. Mr. ODonel Very well. Do you require to have the depositions read in the usual way? Mr. Anderson thought that it was unneceseary. Mr. M,Cune, oho appeared for the prisoners, had been supplied with a copy of the important depositions. Mr. M•Cutte said the right had been reserved to him to cross-examine Devine. His worship would bear in mind that Gibney wan not incriminated, except on the evidence of the informers, and it was a recognised rule that an accused persan should not be found guilty upon the uncorroborated evidence of an informer. Mr. O'Donel did not take that view of the law at all. He understood that Judge O'Brien took a quite different view of the law, and simply advised the jury that they should regard the evidence of informers with great caution, unless it was corroborated In some substantial matters involving the guilt of the prisoner. Mr. Anderson concurred. There was not sufficient evidence upon which to commit the accused for trial. Mr. Weine submitted that there was really no evidence against Gibney, who should, at any rate, be adniitted to bail. He wanted to cross-examine Devine; and he understood the Crown would not depart from the usual practice of giving corroborative evidence before asking to have the prisoners sent for trial. He read a pas.age from Devine's affidavit, and contended that its meaning was this—that Devine himself was the person who decoyed Poole into Abbey-stteet, and not Gibney, with the intention of assassinating him. Gibney was not proved to be concerned in the plot at all. His worship would also recollect that when Devine was arrested two revolvers were found upon him. Again, William Lamle, the other informer, SIVOIO he did not bow Gibney. There were precedents for admitting prisoners charged with conspiracy to murder to bail. For instance, Whelan, who was one of those accused of conspiracy at KliMaillhaln, was admitted to bail. Mr. Anderson said it was a matter of notoriety, and had been proved in the prwecution of Richard Dowling, who was convicted for attempting to murder Constable Cox, that the prisoner was one of the four persons acting in concert In tiring at Constable Cox. Mr. M'Cune said there Iv as really no proof of this before the Court. Mr. Anderson remarked that his worship ought to be aware of the fact, which could not be dhpu ted. Mr. Won° urged that it was a serious thing that a man could be sent forward for trial on a charge like the present, merely on the evidence of informers. Mr. O'Donel said he had no alternative but to send the prisoner for trial. On the application of Mr. Anderson, the accused wan returned for trial. Mr. O'Shaninighan said he was instructed to appear for Healy, against whom there was less evidence than any of the others; and he urged that Healy should be admitted to bail. Mr. Anderson at once consented to this, and the prisoner was admitted to bail, hinaseLf in £5O, and two miretiea of £25 each.