Stockton Herald, South Durham and Cleveland Advertiser. — 1888-03-31 (Stockton-on-Tees, Cleveland, England)

THE MURDER OF A KERRY  FARMER.  At the Wicklow Assizes on Monday, before Mr Justice O'Brien and a special jury, the trial of Daniel Hayes and Daniel Moriarty for the murder of James Fitzmiterice, near Lixnaw, in the county of Kerry, on the 31st January last, was commenced. Mr Matthew Burke and Mr Hennessy appeared for the prisoners.—The Attorney-General, in stating the case for the Crown, said that Fitzmaurice had been boycotted for a long time before the murder took place for having taken possession of a farm from which his , brother had been evicted. He was placed under , police protection. On the morning of the murder he was going to the Lair with his daughter, and having prevailed upon the police who were accompaiiyiug them to return, the two went on alone. They were then set upon by two men, ' and Fitzmanrice was brutally murdered. The daughter of the murdered man witueseed the whole occurrence from the ear, and she would identify the men in the dock.--Norali Fitzmaurice, the daughter of the murdered man, deposed that on the 31st January they set out to the pig fair in Distowel, accompanied by an escort of I police. Her father asked the police several times toyeturn, as they did not want to appear under police protection at the fair. After being pressed 'several times the police returned, and witness land her father went on towards Lietowel. As they approached a place on the road called Hermitage they met a man, and her father bade him "Good morning." The man did not return the salutation, but giving them a reitech. lug look went off in the direction they had come in. Here witness identified Moriarty. She had no doubt of his identity. They proceeded then towards Listowel, and soon she saw two men running along the road behind them. Her father bad got off the cart and was welkuag along tho road by the side of the horse. The men kept running till they came up with witness's father. She heard them say something to him, at which be Ow-eased) screamed. One of them ass Moriarty. He then fired a shot at her father, who raised his whip and struck him with it. Her father then turned to run from them, and they fired a shot each after him. The second man was Daniel Hayes. She had not the least doubt of that. They made off then, and she was left alone with her father on the road. borne cars paseed, and she recognised s man named Daniel Mahony on one car. She called to him, and said, "My father is shot. He replied, "Ho is not dead yet," and went away without taking any further notice of them. She afterwards got her father curried to the house of s man named Carrot. He died there after about half an hour without having spoken.—A number of constables were examined. , said deposed that Moriarty when arrested had his cheek swollen and red, as ii from the blow of • whip.—Dr. Dillon deposed that when he examined Moriarty at half-past ten on the night after the murder be found no marks of that description upon him.—Captain Massy-, R.M., examined by the Attorney-General, stated that he . was present when Nora Fitzreaurice was identifying the prisoners. He bad never seen a more I ready identification.—Head Conetable Stretton produced the clothes of the murdered man. There were six holes in the garments, three caused by the entrance, and three by the exit of the bullets. The bullets passed completely through the body of the unfortunate man, one severing the femoral artery and causing his death. Norsh Fitzmiturice was taken out of the Court sobbing during the examination of the clothes. The Court adjourned.—The trial was coutumed on Wednesday. Mr Justice O'Brien having summed up the evidence, the jury, after a lengthy deliberation, found both prisoners guilty. Sentence of death was then passed. On hearing the sentence Hayes cried out " I defy the rope; I am innoceut."