Widnes Examiner. — 1883-04-28 (Widnes, Cheshire, England)

TRIAL OF MICHAEL FAGAN.  Michael Fagan was next put in the dock, and charged with murdering Mr. Burke. He pleaded not guilty, and, having chosen Mr. M'lnerney to defend him, the Crown appointed Mr. R. Adams and Mr. J. O'Byrne in addition for his defence.—ln stating the case against Fagan, Mr. P. O'Brien, Q C., said that three independent witnesses, two of whom would probably be reluctant witnesses, would be produced to prove the presence of the accused man in the park on the evening of the assassinations. James Carey, as in the previous case, was the first witness called. He deposed that the prisoner was in Phmnix Park when Mr. Burke was murdered, and had been present on several occasions when abortive attempts had been made to " remove " Mr. Forster. Two printers, named Michael Keown and Thomas Wlneeny, were then called, but Keown was very reluctant to be sworn, and Mlneeny absolutely declined to take the oath. The judge very sternly commanded him to take the book on peril of being sent to gaol for twelve months, and to emphasise the threat he sent for the governor of Kilmainham. But before that gentleman arrived the witness succumbed and proceeded to give evidence. Both Pe and Keown testified to having seen Fagan in the park and spoken to him, and they had both been acquainted with the prisoner before. Corporal Sandford, who was in company with these two witnesses, gave corroborative evidence, but failed to recognise Fagan. When, however, Jos. Hanlon was placed in the dock he identified him as one of the men be saw.  The trial of Fagan was resumed on Thursday morning. Joseph Smith, one of the approvers, said Fagan was at the scene of the assassinations in the park. James Carey was recalled, and said he was positive that Fagan was there, but be contradicted Smith's statement that Edward M`Caffrey was also there. The carman Kavanagh failed to recognise the prisoner. Peter Carey (brother of James Carey) said the prisoner was one of the " Invincibles," was usually in company with Joe Mullett, and was one of the party who lay in wait to murder Mr. Forster. Farrell another approver, gave similar evidence. The prisoner's late employer proved that Fagan was not working on the 6th of May, or after breakfast on the sth. Counsel for the defence admitted that Fagan was in the Park on the evening of the 6th May, but his explanation of his presence there was that he had simply been watching a cricket match and was bn his way home when he was seen by the three fresh witnesses at about six o'clock. Witnesses were then called to speak to an alibi with regard to the precise time of the murders. Among them were Mrs. M'Mahon and her daughter, mother-in-law and wife respectively of one Arthur Forrester, who were cross-examined at great leagth as to that person's connection with Fenianism and his present whereabouts. It was elicited that he was at present in London, that he had latterly been in various towns in this country, and that he was at one time arrested in Liverpool for travelling with revolvers. The wife said she had a letter from Forrester last week, which was written from Manchester, and said, " I start for London." Mr. Adams then summed up on behalf of the prisoner, and Mr. Murphy replied for the Crown.  It is stated that eleven of the jurors engaged in the fruitless trial of Kelly which closed on Friday were in favour of a conviction, and that the dissentient was a person who had from the first intended not to agree to such a verdict. With regard to the second trial, ten of the jury in Kelly's case were for a conYiction, and two for acquittal, and it is said only on of the two was obstinately for acquitting the prisoner, while the second gentleman might but for his support have been induced to yield. It is the intention of the Crown, though not announced in court, to put Kelly on his ttial a third time after the terminatiota of Fagan's case.  "