The Poole Telegram. — 1883-05-04 (Poole, Dorset, England)

ACQUITTAL OF FITZHARRIS. The trial of James Fitzharrie, alias "Skin the Goat," oar driver, for the murder of Mr. Tnoruas Heney Burke, was resumed before Mr. Justice O'Brien in the Green street Court-house. Dublin, on Tuesday morning. Mr. M'lnernev, for the defence, said he proposed to call no witnesses. He argued that the accused could not be held responsible for the deeds of others. There was no proof directly or indirectly on behalf of the leortecution that FAsharris was a m-mber of the Inv incibles, or even of the Fenian organisation. On the contrary, Carey digtinotly stated that he did not know Fitzharrie to be an Invincible, and that he did not believe he was. The le timed counsel then went on to contend that teey could tnt rtly on the testimony of the independent witnesses, as none of them exelaited that there was anything ts attract their attention to the prisoner. Referring to the converselion which Peter Carey declared he had had with the prisoner, and in which the prisoner was alleged to have given a dercription of the assae,ination, he p tinted out that Fit zhard.' was sworn to be 200 yards away at the time the crime was committed, and it would have been impossible for him to hove heard what conversatipn to tk place. At most, therefore, even if he had told Peter Carey such a story, it could not have been what be had seen and heard on the op 4, but what he had heard afterwards. A great deal had been made of the fact that sometimes Fitzbarris drove a white horse, but he asked the jury was it reason able to suppose that if Fitaharris was aware of what he was doing he would have selected a horse of the most c anspicuous colour he could &Amain. The prisoner had never received more than his ordinary fare as a cabmen ; and he asked was it possible to euppote 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 sum than he was actually entitled to for hie services ass car drivrr. Kevanagb, who was the sworn driver of the asseciation, was incett lib, rally paid, and received besides several sums of money, but the prisoner had received no such sums. Iu conclusion, he urged that the prisoner, notwithstanding all the reliable evidence against him, might have been in the p irk in pursuance of his legitimate business, and was entitled to their verdict of acquittal. Mr. Murphy, QC., having addressed the jury for the prosecution, Mr. Justice O'Brien proceeded to sum up the evidence to the jiver, and pointed out that the prisoner must have been in the Park ,n the (its of May, and must 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 innecmtiv present, or whetter be 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 bound to acquit him. The jury retired at 20 minutes to one o'clock. On returning into Court they found a verdict ot "Nut Guilty." Mr. Peter O'Brien then asked that the pr:vner should be put back for the present, and intimated that another charge would be brought againet him. The prisoner, who did not speak, was taken from tho dock.