Rensselaer Republican, Volume 15, Number 36, Rensselaer, Jasper County, 17 May 1883 — KELLY TO BANG. [ARTICLE]

KELLY TO BANG.

His Third Trial Results in a Conviction. ■ The Prisoner Sentenced to Swing on the Vth of June. *• _ The British Government finally succeeded in obtaining a juyy that would convict in the case of Timothy Kelly, one of those accused of the Phoenix Park assassinations, who, upon his third trial (the juries having twice disagreed), was convicted and sentenced to be hanged June ft The jury deliberated one hour. Being removed, Kelly exclaimed: *1 am innooent Thank you, my Lord.” Ho thanked his counsel for their exertions in his behalf, and hoped they might live long to defend the innooent 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 prisoner was introduced There was, of course, the evidence of the approvers, who were the chief witnesses against Kelly, as they had been against Brady and Ciirley. 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 driven away on Kavanagh’s car. The prisoner’s counsel made a very strong appeal to the jury on the character cf the witnesses by whose evidence “the boy in the dock” was to be condemned; but there was no Important point in which their testimony was not confirmed bv independent evidence. In the first trial Itellv was identified by George Huxley, the English gardener of Mr. E. C. Guinness, who had seen and noticed him among the group by whom the murders were committed, ana his evidence remained unshaken. Mr. Brown. Kelly’s employer, who gave him an excellent cha: acter, poved thathe was absent from his work on the sth and <>th of May except for the first quarter of each day. A hatter named George Mottley saw Kelly minding Kavanagh’s car, as Kavanagh had stated, and had seen him on Kavanagh’s car a second time on the 15th of May. On the other hand, Mr. Glynn, the builder, was called, as he had been on all the former occasions, to prove that he saw Carey sitting on the seat in the position Carey had himself described. This confirmation of Carey’s statement he 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 occasion that he had not taken particular notice of the four men, cf whom, according to the theory of the prosecution and the testimony of other witnesses, Kelly was one. It will be remembered that, after the second failure to convict Kelly. Delaney and Caffrey pleaded guilty, and Deluney (who Tuesday nad his sentence commuted to imprisonment for life) declared that the informer Carey had told the truth. Of course this fact was got before the jury whioh tried Kelly for the third time, ana this sufficed to secure a conviction