Democratic Sentinel, Volume 7, Number 16, Rensselaer, Jasper County, 18 May 1883 — TIMOTHY KELLY. [ARTICLE]

TIMOTHY KELLY.

Upon Third Trial He Is Found Guilty of Murder. Sentenced to Harg June 9—Hla Protestations of Innocence. The British Government finally succeeded in obtaining a Jury that would convict in the case of Timothy Kelly, one of those accused of ths Phoenix Park assassinations, who, upon his third trial (the juries having twice disagreed), was convicted and sentenced to be hanged June U. The jury deliberated one hour. Being removed, Kelly exclaimed: "I am innocent. Thank you, my Lord." He thanked his counsel fortheir exertions in his behalf, and hoped they might live long to defend the innocent. On the first trial of Kelly, one juror is said to have refused to agree upon a verdict of guilty out of pity for the youth of the prisoner, while ten, If not eleven, of the jurors were satisfied of his guilt The defense was an alibi, not very well sustained, but growing stronger on the second trial, when new testimony favorable to the prisoher was introduced. There was, of course, the evidence of the approvers, who weie the chief witnesses again-t Kelly, as they had been against Braay and Curley. The evidence of Carey, Farrell and Kavanagh . clearly placed Kelly with Brady and Curley as one of the men in the group in the park, and one of the four who were dihen uwryou Kavanagh’s cur. The pri oner’s counsel made a very am ong appeal to the jury on the chaiactt r < f the witnesses by who e evidence “the boy in the dock” was to be c< ndemned; but there was no Important point in which their testimony was not confirmed bv indoj en lent evidence In the first tr.al Kellv was iden itied by George Huxley, the English gardener of Mr. E. 0. Guinness, who had seen and noticed him among the group by whom the murders were comm tted, ana his evidence remained unchuken. Mr. Brown, Kelly’s employer, who gave him an excel ent cha. acter, p oved that he was absent from his work on the stn and i th of May except for the first quarter of each day. A hatter named Geoige Mottley saw Kely minding Kavanagh’s car-, as Kavanagh had slated, and had seen him cn Kavanagh’s car a second time on the 15th of May. On ths other hand, Mr. Glynn, the bull <’er, was called, as he had been on all the former cccaslons, to piove tat ha saw Carey siting on the seat in the position Oarey had himself detc ibed. This confirmation of Careys sta ement ife gave as before, but it was elicited, in cross-exam-ination, that he knew Kelly, and then asked if he saw Kelly on the ground Mr. Glynn answered “No,” but when pushed by the counsel for the crown, admitted that he had said on a former occas on that ha had not taken particular notice of the four men, of whom, according to the theory of the proseo it'on and the testimony of other witnes: es, Kelly waspne. It will be remembered that, nf.ee the second failure to convict Kelly, Del nt y and Caffrey p eaded guilty, and "1 e'i nay (who Tuesday had h s sentence commuted to imprisonment for life) oeclr rid that the informer Oafey had told the truth. Of course this fact was got before the jury whieh tried Kelly for the third time, ana this sufficed to secure a conviction.