Second Day of the Great Trial.

The Evidence So Far as Elicited.

The Personnel of the Jury.

[...] Theresa Whalen, sister of the last witness, was now tendered the book, which she applied to her face.
Mr. Irving - Did you kiss that book, Miss Whalen?
Mr. Meredith - Now, now, Your Lordship, this is not right.
Mr. Irving - Well, Your Lordships, I feel satisfied she did not kiss the book.
Judge Cameron - To clear up the doubt, let her kiss it again.

This time the witness fairly glued the book to her lips, and every one was satisfied she was thoroughly and well sworn.

Mr. Irving then commenced to question the witness as to what her father and what her mother had said. The replies were feeble and hardly audible, but they were to the effect that she could not remember what the folks said. The witness appeared weak and frightened, and the counsel ordered her a chair. She now appeared more at ease, and answered the questions put to her quite freely. In the morning the boy Connors said he saw Carroll there; he told me there was a valance on the bed.
Mr. Irving - Now, did he say anything about the valance at all?
Witness - I think he said there was a valance on the bed; Connors did not tell me that he saw anyone else; he said he only saw the men's feet.

Mr. Meredith said it was unfair for the learned counsel to ask questions with a view of getting the witness to contradict her evidence at the former trial, and that what the boy said in that connection was not evidence, and should be ruled out.

Justice Cameron said it should be ruled out, but as the defence had not objected to it, he was allowing it so far.

The witness, resuming - When speaking of the feet, I mean the boy saw only the feet of the men who came into the room; Carroll was the only name the boy mentioned; he said they were all dressed in women's clothes; I went to the fire next day between 8 and 9; I saw a knife near the body of what I thought was old Mr. Donnelly; I saw a watch chain afterwards which was picked up; it was Catherine Toohey who picked up the watch chain; I did not notice the iron of a spade about the bodies at all; if there had been a spade there I would have seen it; Wm. Feehley was at our house; we had a game of cards; there were other young people at our house that night; when I got up there was only my father, mother and Connors there; Connors said he knew Carroll by his voice; I asked Connors if he saw any of them; he said he only saw their feet; he said he was under the bed; he said the men had driven the Donnellys to the bush; my father went away to see if John Donnelly was killed.

James Feehley, sworn - Said he was a witness at the last trial. He detailed the events of the nights previous to the murder, and also his visit to the scene of the fire the following morning, and the position in which the bodies were found. One of the bodies was said to be Tom Donnelly, but he could not say it was his. The evidence which followed was the same as previously given. Witness proceeding, said - I had a conversation with Carroll about the Vigilance Committee, and he said the bad doings would have to be stopped. If the Donnellys were in it they would have to be stopped. Carroll also told me to shun the Donnellys. I then asked Carroll if he had a warrant for me? He said he had, and I asked him what for? He said that was his own business.

Mr. Irving here showed that the witness had given somewhat different evidence at a previous trial. He hesitated, and "couldn't remember" several times.

His Worship - Do you think you could find your memory if I sent you to prison for twenty-four hours?

An audible laugh here ran through the Court.

The witness - I don't know, sir.
Mr. Irving continued his cross-examination - was there anything said about quashing the warrant if he shunned the company of the Donnellys?
Witness - I don't know that there was.
Mr. Irving - But I want you to remember. Didn't you say so at a previous trial?
Witness - I can't say.
Mr. Macmahon here objected to the Crown Counsel putting words into the witness' mouth.
Witness resuming, said - After the conversation with Carroll I went to Lucan; the reason I didn't stop at Donnellys was because they were said to be bad company, and I was afraid to be seen coming out of their house; all the people appeared to be against them; can't mention the names of any who said so, only it was common report: I went to Whalen's but did not speak of the murder; on coming out I started for home; saw three men standing near Thompson's gate; they may have been trying to hide, I can't say.


Ex-Jailor Lamb is in the city visiting his friends.

A number of ladies are constantly among the spectators.

The familiar face of Johnny Connors is again seen around the Court House.

Mr. R. Tyson is the official shorthand reporter of the Court. He also acted in that capacity at the last trial.

The Grand Jury paid a visit to the Asylum yesterday morning and enjoyed the sleigh ride immensely.

Johnny Connors will be the principal witness examined to-day.

Chief of Police Fewings, of St. Thomas, is in the city as a witness in the Donnelly trial.

In view of the calendar being so extraordinarily light, in fact, being the lightest in record, Mr. Wm. Patrick, the foreman, treated the balance of the Grand Jury to an oyster supper at the Albion last night.

The Court hours are from half-past nine in the morning till one p. m., at which time the Court adjourns for half an hour. The afternoon session lasts from 1.30 p. m. to 6 p. m. Their Lordships are sharp on time and brook no delay.

The following is a brief sketch of the twelve men forming the jury now sitting on the trial of Jas. Carroll:

John Carrothers, Adelaide, is about forty years of age, and married, and one of the leading farmers of the township. He is a very intelligent person, and much respected.

Wm. Hopper, of Biddulph, is a married man, about thirty years of age. He is spoken of as a remarkably fine young man, and is much thought of in the neighborhood.

Horace Hyatt, of Caradock, is a married man of about forty-five years if age. He is a very intelligent person, and bears an excellent reputation in the township. He is a well-to-do farmer.

John Lamont, of Caradoc is a young man of about thirty-six years of age, married, and a farmer that stands high in the estimation of the whole community.

Geo. M. Francis, Strathroy, is a man of about forty-five years of age; is possessed of an intelligent cast of features, and is much respected in Strathroy, in which town he keeps a confectionery store.

Jas. F. Elliot, of Westminster, is a single young man, of about twenty-five years. He is spoken of as a remarkably intelligent and enterprising young man, and is a good farmer.

Dugal Graham is a store-keeper in Strathroy, thirty-eight years of age, and has always borne an excellent reputation, and is most respected in the town.

Jas. A. Watterworth, of Moss, is nephew of the Member, is a young married man of twenty-six years. Has a good farm, and beers [bears] an excellent, character.

James Dores, of Westminster, is about fifty-five years of age, and is one of the leading farmers in the township, he has always borne an excellent reputation.

Hopper Ward, of Metcalfe, is a young man about thirty years of age; is a farmer in good standing, and is spoken very highly of.

Asa Luce, Caradoc, is forty-five years of age. He ran for Councilman last New Year's, and polled a very good vote. He is very much respected, bears an excellent character, and is said to be well educated.

Benji. Kilburn, of Dealware, completes the panel, He is a first-class farmer, 36 years of age, married, and is highly respected in the community.

All the jurymen belong to one or the other of the leading Protestant denominations - Methodist, Presbyterian, Baptist, and one Church of England. They are nearly all Canadians. After the most careful and rigid enquiries, we fail to hear the first whisper against the standing of a single individual constituting the Biddulph panel.

Source: Unknown, "The Biddulph Tragedy - Second Day of the Great Trial," London Advertiser, January 26, 1881.

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