Widnes Examiner. — 1883-05-05 (Widnes, Cheshire, England)

THE PHCENIX PARK MURDERS. TRIAL OF FIIZRARRIS.  Another and important member of the " Invincible " brotherhood was placed upon his trial at the Dublin Commission on Monday, before Mr. Justice O'Brien, James Fitzharris, alias 'Skin-the-Gat," being indicted for the murder of Mr. Burke. It was not set forth by the prozecutioa that the prisoner was one of the actual murderers, but an equal measure of legal responsibility was imputed to him as an accessory betore the crime. The Crown was represented by the Attorney-General. M.P., Mr. James Murphy, Q.C., and Mr. Peter O'Brien, QC. ; and the counsel for the prisoner were Mr. John Ouseley Byrne, 8.L., and Mr. C. Minerney, who were instructed in the case by Mr. Gerald Byrne, prisoner's solicitor. The Attorney-General, in stating the case for the Crown, detailed the connection which had existed between the prisoner and the " Invincibles " Fitzharris, who was the owner of a horse and car, was in the habit of driving different members of the conspiracy about the city, and was instrumental in conveying some of them to the places where they lay in wait on several occasions for Mr. Forster. He it was who induced the informer Smith to join the Society, selecting him apparently for the reason that he was familiar, from his occupation at the Castle, with Mr. Forster's appearance and movements. On the sth and 6th of May the p isoner drove James Carey and other " Invincibles" into , the Phcenix Park, and on the latter day actually witnessed the I murders, afterwards driving off at top speed with the assassins to the further side of the city. Smith in his evidence spoke to the prisoner as being the man who persuaded him to enter the conspiracy. He was subjected to a severe crossexamination, but his evidence was not materially affected. In reply to Prisoner's counsel, Smith said he expected no pecuniary reward from the Government, lou.t merely wished to be sent out of the country adding significantly that "he knew what he would get if he stopped ia it." James Carey also repeated his story of the formation and doings of the "Invincible,," and identified Fitzharris as the driver of the car upon which the murderers entered and left the Phcenix Park. The same evening Carey paid him " under a sovereign" for his services. In cross—examination Carey said the prisoner was not enrolled as an " Invincible." Peter Carey stated that Fitzharris had admitted that he saw the murders committed. Other independent witnesses proved that he was in the park with his car immediately before the crime was discovered. The trial was adjourned until Tuesday, the case for the Crown having closed.  The trial of Fitzharris came to a—close on Tuesday. There was no attempt to set up an alibi as in the previous trials, his counsel merely urging that the prisoner in driving the miscreants about Dublin was simply following his occupation, and was innocent of the atrocious objects of the conspiracy. Mr. Murphy, coumel for the Crown, made an exceedingly strong appeal to the jury not to accept the argument put forward for the defence. In his summing up, Mr. Justice O'Brien told the jury that if they believed that what Peter Carey said was true that would not establish the charge of murder against the prisoner, nor would his bare concealment alone of an intention to commit the crime be sufficient unless he actively in sotoe way assented to it, and was there with a view of assisting in the escape of the persons engaged in the affair. His bare concealment of the crime would not make him guilty; a silent acquiescence in it would not make him guilty; he must have gone to the park with the knowledge of the intention to commit the crime, and also with the design in his mind to give some form of support and assistance to the commission of the crime.—The Jury were in consultation for half an hour, and they returned into court with a verdict of not guilty. It was intimated on behalf of the Crown that there were "other charges," and the prisoner was detained in custody.