The Barrow Herald and Furness Advertiser. — 1871-11-04 (Barrow-in-Furness, Cumbria, England)

IRRIAND.-At the Dublin Criminal Court, on Monday morning, before Chief Justice Whiteside and Chief Baron Pigott, Robert Kelly, alias Pemberton, was placed on trial for the murder of ex-Head Constable Talbot. The Court and its environs were densely crowded. Kelly, who 1 has been confined to the county prison, was escorted I to the court by a heavy detachment of military. The Solicitor General, Serjeant Armstrong, and Messrs. Murphy and O'Brien appeared for the prosecution;' and for the defence, Mr. Butt, QC., and other council were retained. The jury panel still appeared to be far from satisfactory. The clerk for the Crown had to call over the list for above an hour before three eligible jurors had been sworn. At length a full panel was obtained and the trial proceeded. The statement of the deceased was read, and the evidence taken of witnesses who were on the spot shortly after the occurence. The Court then adjourned. Kelly was conveyed back to prison under a heavy escort, amidst groans for the police and cheers for Kelly. The trial was resumed on Tuesday morning. The first witness examined were the police constables who arrested the prisoner. Constable Grimes said that he never lost sight of the prisoner from the tirst time he saw him until he was captured. Constable John Mullins I deposed that two cartriges were found in the waistcoat pocket of the prisoner when searched at the police station. Acting-inspector Halligar deposed that Talbot came to the police station at about 20 minutes past 12. Witness stated, in answer to a I question if Talbot was sober, that he was in full possession of his senses. Inspector Gorman said that he had a conversation with Talbot, and that he appeared to be quite sober, but very weak. Inspector Mulholland stated that he considered the prisoner was sober; he conveyed the prisoner to Richmond Hospital, on the morning of the occurance. Mr. Butt objected to the evidence being given as to what passed between Inspector Mulholland and Talbot when he took prisonertoßichmond Hospital on the ground that Kelly was in custody when the conversation took place, and any aequisence of the prisoner in the statements made on the occasion could norbe received in evidence. Their Lordships tilled, however, that the evidence should be received, but with caution. Witness proceeded to say that he asked Talbot, how he was, and he said in a hurried manner, "There's the man." I said, What man ?" He said, "The man that shot me," and he pointed to the prisoner, saying, "That's the man I mean; turn him round until I look at his back." While I was in the act of turning him round Talbot said, "That's the man." The prisoner made no observation. Mr. Parkinson, gunmaker, was examined. He extracted cartgridges from the revolver in a room adjoining the court, and on returning said that five out of the six chambers had been loaded; three were found empty, and two still loaded. He compared the cartridges extracted with those found in the pocket of the prisoner, and found them exactly the same and by the same maker. The Council then adjourned until the following day. On Wednesday, the evidence taken was the dying deposition of Talbot, who was shown to be sober just before the murder. Evidence of the good character of the prisoner was also given. The prisoner was again taken ill during thelproceedings and was allowed to leave the dock. Mr. Stokes, the surgeon, was severely cross-examined by Mr. Butt, the object being to show that Talbot's death was caused by the doctor's injudicious treatment. Kelly was escorted back to prison amidst cheers from the crowd On Thursday, the point whether evidence as to the necessity of the operation performed in Talbot's skull, and the skill with which it was performed was argued at great length. The Lord Chief Baron held that evidence might be taken as to the skill with which the operation was performed. The Lord Chief Justice thought it could not, but as their lordships differed, the opinion of the Lord Chief Baron, as the most favourable to the prisoner, ruled the case. The cross-examination of Mr. Stokes had not concluded when the court arose.