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

THE MURDER TRIALS  IN DUBLIN.  Punctually at ten o'eleck the next morning Mr. Justice O'Brien commenced his summing-up, in which he cannot be accused of aaving himself or of slurring over anything, for its de'ivery occupied three hours and twenty-live minutes. Neither can the slightest imputation of partiality or undue leaning to the side of the Crown or depreciation of the case of the prisoner be made against the judge, for he commenced by pointing out the weak places In the Crown ease, and showing where their evidence by contradiction or insufficiency, tended to the prisoner's advantage. Most carefully and logically did he go through and analyse the whole evidence, but It he showed the weak points of the Crown case, he was aim obliged to expose the many inconsistencies and improbabilities of the During the delivery of the charge, the prisoner stood with hands firmly grasping the rock-rail, his eyes generally directed towards the judge with an anxious, sometimes it seemed an appealing expression, but frequently turned to the jury at some telling point, as if to mark the effect upon them. At twenty-five minutes past one the jury were dismissed to their room, and the prisoner to his cell, and then with a very few minutes' delay the Attorney-General moved that Michael Fagan be put on trial for the murder of Mr. Burke. Fagan was brought in the VAD from Kilmainham and in the van allotted to ,lte select circle of informers, now increased to seven, travelied Joseph Hanlon, who will be examined against Fagan, and by some fresh details relieve the monotony of the narrative which has so often been inflicted on the public. Fagan, In a husky voice, pleaded not guilty. He is a young man of about 28 years of age, with a rather vacant expression of countenance. He was shabbily dreased, end his personal appearance was far less remarkable than that of any of the primness who had been previously placed on their trial. By trade he is a blacksmith. The preliminaries of Fagan's trial had not well opened, when fifty minutes after their retirement, the jury in Kelly's ease reappeared to announce that they could not agree. They sought no further elucidation from his lordship as if they were to continue in deliberation for a week they could not agree. A wonderfully radiant expression overspread Kelly's face at this announcement. The jury were told to retire till three o'clock. Then they earns out only to make the same declaration of inability to agree, but they asked to have the evidence of Huxley and M63owan read again to them. This having been done and some points cleared up, the jury then retired at twenty-seven minutes past three. In a few minutes, on the suggestion of Mr. Mur, hy, they were again called out for his lordship to read more evidence. Again at four o'clock they returned to court, still declaring tat they could not agree, At last, at twenty minutes past five, they were discharged. MGMtime, the trial of Fagan was proceeding. The Crown exercised the right of saying " Stand by" to jurors to an unprecedented extent. The prisoner's solicitor exhausted his right to challenge twenty jurors peremptorily, and it was remarked in court that the next juror called after the prisoner's right to object was exhausted was Alderman Moyers, J.P., who was at once sworn. Four of the jurors sworn had already served at the commission. The case for the Crown was opened by air. O'Brien, Q.C., after which Carey and three witness., who have never yet appeared in the prosecutions, were examined, and the Court again adjourned.