The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1883-05-05 (Stourbridge, West Midlands, England)

THE PMENIX PARK MURDERS.  TRIAL OF JAMES FITZHARRIS.  On Monday morning JAMES FITZHARRIS was put upon his trial for the wilful murder of Mr. Thomas Henry Burke. Fitzharris, who is more commonly known by the now familiar sobriquet of "Skin-theGoat," was up to the time of his arrest a cabdriver plying in the city of Dublin. He was the owner of the vehicle which during the course of the trials has been referred to as "the cab with the white horse." He is a man of about 55 or 60 years of age, of rather low stature. His appearance has wonderfully improved since his appearance at the preliminary in. quiry at Kilmainham. While the preliminaries to the swearing of the jury were proceeding he took a good look at his Lordship and the surroundings of the court, betraying no uneasiness whatever and no excitement beyond that of an interested spectator. Soon he folded his arms, and there was again to be observed the same restless swaying of the body which has marked his attitude in Kilmainham, and he seated himself with his back to the jury, and remained quietly observant for the remainder of the day.  The Attorney-General briefly stated the case for the Crown. The witnesses forthe Crown were then called and examined—amongst whom were Joseph Smith, James Carey, Robert Farrell, and Peter Carey, The trial was adjourned.  On Tuesday morning the trial was resumed. There was a good attendance of the public, as it was expected that the case would terminate early in the day. The statement which gained currency to the effect that no witnesses would be called for the defence proved to be correct. The prisoner's counsel (Mr. M'lnerney) relied solely on the fact that there was no proof forthcoming to show that Fitzharris was really a sworn "Invincible," and urged that his connexion with Carey was simply the outcome of his lawful occupation as a cabman. There was only one speech for the defence, and to this Mr. Murphy, Q.C., replied on behalf of the Crown. Mr. Murphy's address concluded at a few minutes to twelve, and the learned Judge retiring for a moment or two, gave the jury leavd to do the same, while the prisoner got alike permission. . On their return the learned Judge proceeded with his charge, dealing very clearly but quickly with the evidence which had been advanced by the Crown. He referred at some length to the fact that there was no evidence forthcoming to show that the pHponer was present on , the sth of May, when the plot was being hatched; and concurred with counsel for the detence that even if the prisoner had seen the murder, still if he had not known of it before it was to occur he could not be proved guilty of the crime with which he was charged. The prisoner's ordinary employment was that of a cab-driver, and he might have been found in the Park in the course of his proper occupation. That the prisoner was present in the Park on the 6th of May had been proved by several witnesses, but whether he was in the Park that day aiding and abetting in this crime, and went there with the belief and knowledge that murder was to be committed, was for the jury to decide. They should also remember that there was no evidence forthcoming to show whom he drove away from the Park. They should consider all these matters carefully, and if they had a doubt in regard to them the prisoner should get the benefit of that reasonable doubt.  His Lordship's charge on this occasion was by far the shortest delivered at these trials, only occupying a little over half an hour, The jury retired at a quarter to one o'clock, and the prisoner was removed. At a quarter-past one ' o'clock the jury returned into Court, and the prisoner was once more put forward, In a moment or two the formal question was pet, and the finding of the jury was stated by the foreman to be that of a verdict of Not Guilty. Instantly Fitbarris's face underwent a wonderful change. A smile spread over his countenance, and his-eyes beamed with delight. Turning round to the warder who stood beside him, he gave a nod and made some remark, and then turned and left the dock looking inexpressibly happy.