The Sun. — 1868-02-25 (London, England)

THE CLERKENWELL OUTRAGE.  BOW-STREET-THIS DAY.  William and Timothy Desmond, Nicholas Eng lisp, James O'Neill, John O'Keefe, Michael Barrett, and Anne Justice, were again placed at the bar, before Sir Thos. Henry, on a charge of wilful murder.  Mr. Giffard, Q.C., and Mr. Poland appeared for ,he prosecution.  Sir T. Henry—You have closed your case for the prosecution, Mr. Giffard ? Mr. Giffard—Yes, sir.  Mr. Lewis said that on behalf of the prisoners O'Keefe, Barrett, and Justice he should not make any observations at present, preferring to reserve their defence. But to his mind the case of O'Neill seemed somewhat different. On the last occasion the learned chief magistrate was kind enough, with the consent of the learned counsel for the Crown, to postpone the committal, in order to give him an opportunity of calling witnesses for O'Neill. Ile was not, however, about to call those witnesses, for the simple reason that the poverty of O'Neill prevented him from bringing them up from Glasgow, where they all resided. But the case against O'Neill was so slight that he felt that he should not be doing his duty if he did not remark upon it. O'Neill was charged with wilful murder—not with treason felony ; but oven if it had been the latter offence, he should have been prepared to contend that the evidence negatived it. Massey, Corydon, and all the approvers, had been evidence, and not one question had been put to either of them about O'Neill. lie surely had a right to assume this if they had known him. The question would have been put to them, and as it had not been put, it could only be because he was not known to them. However, he had not to deal with that question. Now, even if O'Neill was a Fenian. What be had to consider was, what was the evidence against him on the charge of murder? The only evidence against him was that of the witness Young, who first identified Wm. Desmond as the man who fired the barrel, and when afterwards O'Neill was brought to this court he suddenly turned round and said that was the man. But very much stronger, in his opinion, was the' negative evidence, and on this point he could not do better than quote the observation of Mr. Giffard at the last when speaking with reference that the fact of his being tothee prisonerxam examination, Allen,on unknown to Mullany rendered it difficult to believe that he had been concerned in the plot. That was a conclusion in which many agree, but it derived additional weight when coming from the learned counsel for the Crown. Now, with regard to O'Neill, it was not merely that Mullany did not say he knew him, but on being asked the question by him (Mr. Lewis) he distinctly said that he did not know O'Neill, and that he had never seen or heard of him before. This went to show that the case against O'Neill was one of mistaken identity. He considered, indeed, that when the prisoner was taken in Glasgow it was the duty of the police to have made inquiries at once on the spot, when they would have found what he was doing and where he was employed the day before and for several days after the date of the explosion, which would have been conclusive evidence to them that he could not have been concerned in that outrage. Sir Thomas Henry said it was irregular for Mr. Lewis to state what he alleged that he could prove, if he was not about to call witnesses to prove it. Mr. Lewis thought it was fair matter of comment. Sir Thomas Henry—l think not.  Mr. Lewis said, at all events, he was entitled to urge the force of the negative evidence, and to complain that he had been subjected to the suffering he must have undergone, knowing himself to be innocent, and being dragged away from his family and friends and remanded to prison from week to week.  English, said appeared for the Desmond and Engll would reserve thtir defence. r. case against the prisoners Harper, who they jury. . . must Sir brre.suibiemnirtYte—he submitted Ttoa  Mr. Lewis applied for the admission of O'Neil to bail.  Sir T. Henry refused. The several witnesses were called, and bound over to appear at the sessions for prosecution in the sum of £lOO.  The prisoners were all committed for trial.