Bridport, Beaminster, and Lyme Regis Telegram and Dorset, Somerset, and Devon Advertiser. — 1883-05-04 (Bridport, Dorset, England)

ACQUITTAL OF FITZHARRIS. The trial of James Fitzlearria. Witte "Skin the Goat," car driver, for the murder of Mr. Thomas Henry Burke, wee resumed before Mr. Justice O'Brien in the Green. street Court-house, Dublin, on Tuesday morning. Mr. Minernee, for the defence, said he proposed to call no witnesses. He argued that the accused could not be held responaitle for the deeds of others. There wan no meta directly or indirectly on behalf of the prosecution that Rtzharria was a m .mber of the Invincibles,or even of the Fenian organisation. On the contrary, Carey distinctly stated that he did not know Fitzharris to be an Invincible, and that he did not believe he was. The learned counsel then went, on to contend that they could le t rt ly on the testimony of the independent witnesses. as none of them explained Viet there was anything to attract their attention to the prisoner. Refertine to the conversation which Peter Carey declared he had had with the prisoner, and in which the prisoner was alleged to have given a description of the assassination, he p tinted out that Fitz. barrio was sworn to be 200 yards away at the time the crime was committed, and it would have been impossible for him to hive heard what conversation took place. At most, the-efore, even if he had told Peter Carey such a story, it could not have been what he had seen and beard on the spit. but what he had heard afterwards. A great deal had been made of the fact that sometimes Fitzharris drove a white horse, but he asked the jury was it reason• able to suppose that if Fitzharris was aware of what he was doing he would have selected a horse of the most conspicuous colour he could obtain. The prisoner had never received more than his ordinary fare as a cabmen ; and he asked was it possible to suppo that if Fitzharris had known that he was engaged in such dangerous work which might coot him his life, that he would not have demanded a higher aum than he was actually entitled to for his services as a car driver. Kavanagh, who was the sworn driver of the aseociation, was moot liberally paid, and received besides several sums of money, but the prisoner had received no such sums. In conclustou, he urged that the prisoner, notwithstanding all the reliable evidence against him, might have been in the park in pursuance of his legitimate business, and was entitled to their verdict of acquittal. Mr. Murphy, Q.C., having addressed the jury for the prosecution, Mr. Justice O'Brian proceeded to sum up the evidence to the jury, and pointed out that the prisoner must have been in the Park in the 6th of May, and most have been aware of the designs and intentions of those whom he carried away from the scene of the murder. The question they had to consider, therefore, was whether he was innecantiv present, or whether he was present in order to assist in that murder or to carry the assassins away after the murder. If they had any reasonable doubt as to his having any previous knowledge of the intention to commit the crime they would be hound to acquit him. The jury retired at 20 minutes to one o'clock. On returning into Court they found a vardict et "Not Guilty." Mr. Peter O'Brien then asked that the prisoner should ho put bark for the present, and intimated that another charge would be brought against him. The prisoner, who did not speak, was taken from the dock.