You spoke of two men; what were they doing?—They were in the cabin when I went down.

Would you know the other of the two men ?—I would.

What occurred, then, between you and the two men in the cabin?-He asked me was I a Fenian, and I told him I wasn't.

Who asked you that?-It was not that man, (the prisoner;) it was the other man. He asked me if there were any Fenians in our county; I said I didn't think there were any Fenians in the county Donegal. The man in charge then said "Swear him.” I told him for God's sake not to swear me, as it didn't answer me, and as I was a man of age and had a large family.

What occurred then? Stating what family I had, I told them that I had my mother, wife, and seven of a weak family, and not to make me swear. The man in charge came back of me then, with a loaded pistol; I took notice of him when I was going down to the cabin, to take it off some place in the cabin. He told me to take the book, or, if I wouldn't, he would soon let me know how to take it, and let me see what he would do. I had to take the book and swear; whatever words he said I had to say after him.

[Page of report No. 52.]

Who was it said the words to you?-It is not this man, (the prisoner;) it is that man there, (pointing to another prisoner named Nagle, who had been brought into the dock.) The other man in the dock?-Yes; it was he handed me the book.

The CHIEF BARON. That man was identified as Nagle?

Sergeant BARRY. Yes, my lord.

The CHIEF BARON. Was he the person that said if you didn't swear he would let you see what he would do?-No, it was the man in charge of the ship said that.

What did Nagle say?-He only handed me the book, and whatever he mentioned I had to repeat after him.

You had to say whatever he said?—Yes; I got afraid.

Sergeant BARRY. Do you remember what he said to you, or the substance of the words?—I do; some of it. I had to say, "Not to tell any one on shore that I saw them in the cabin; or if I would take notice of anything in the ship or of them, not to report it on shore."

The CHIEF BARON. Was it that you were not to report if you took notice of anything that was on board the ship, or anything they were doing?-They said if I saw them do anything, or if I saw them in the cabin of the vessel.

Sergeant BARRY. Do you remember anything more they said?—Yes; "Not to give a description of the ship, or to say what size she was.”

Do you remember anything more?—I do.

Did they say anything more to you in the cabin at that time; do you remember anything more of the oath?

The CHIEF BARON. Anything else you were not to tell?-I don't remember.

Sergeant BARRY. Did you take the oath, and did you kiss the book?-I had to do it. Did anything more occur in the cabin at that time?-I don't think there did, only one thing, when I said the family was weak, and if I went in the vessel they might die, one of the two men gave me money; I don't know whether it was five shillings he gave me.

Did you then go on deck?-I then went on deck.

The CHIEF BARON. What do you mean by saying "if you were going in the vessel ?”— I didn't know but that they would take me away.

Sergeant BARRY. When you went on deck, did you take charge of the vessel ?—When I went on deck I had to take charge of the vessel and the hatches

You were saying something about the hatches?-They were closed down, and nothing was to be seen except six or seven men working about the deck.

When you took charge of the vessel, in what direction did you sail her?-My own

men

The CHIEF BARON. Were there any more in the cabin than the person in charge of the vessel, the prisoner at the bar, and the man that was brought into the dock?-I can't say; I was "in terror," and don't know.

[Page of report No. 53.]

Sergeant BARRY. In what direction did you sail the vessel?-My own crew stood off; they saw nothing there; they didn't see anything on board, or didn't take notice of what the parties did in the cabin.

Where were they?-They were on deck, and went into the galley-house, poor fellows, to warm themselves.

Did they leave after you came on deck?-When I came on deck they stood off for home, with nothing in the boat with them. It was a Friday, and the steward gave them meat; but they wouldn't eat it. He then threw a lump of pork into the boat to them; that was all they had with them.

In what direction did you sail the vessel?—I got the vessel on small canvas so that I

could put her in. I reached in towards Mullaghmore coast-guard station as near as I could, when I thought I couldn't give fair evidence if I was taken up.

How near to the land did you go there?-Within half a mile of the shore.
That station is in Donegal bay?—Yes.

Where did you stand to then?-I stood her out when I didn't see the coast guard come out from that station. I reached towards St. John's Point station, on the northern shore.

The CHIEF BARON. Was that from the Sligo or the Donegal side?-From the Sligo side.

You say you were within half a mile of the Donegal shore ?-Of Mullaghmore station.
Then you stood out again from the Donegal side?-From the northern side.
Where did you first steer to?-To Mullaghmore station.

That is on the northern side?—Yes.

Where did you go then?-I reached her across for St. John's Point station.
Sergeant BARRY. Is Mullaghmore the southern point of Donegal bay?—It is.
And St. John's is the northern point of it?-Yes, the northen point.

Are they both on the Donegal side?-They are in Donegal bay, but Mullaghmore is in the south of it.

On what coast is Mullaghmore?-On the Sligo coast.

And on what coast is St. John's?-The northern point.

In what county is it?-In the county Donegal.

How near did you go to St. John's?-Within half a mile; and when I saw they didn't

Come out

Who didn't come?-Seeing that the coast guard of St. John's Point station didn't come out, I let the vessel drop down until the Killybegs coast guard would see her. Killybegs station is a little to the west of St. John's Point, and I let her drop down, thinking the coast guard would come out.

Kellybegs, I believe, is further in in the bay than St. John's?-It is further to the northward.

How close did you go there to the shore?-Not within two miles.

[Page of report No. 54.]

Where did you go after that?-When I didn't see any of them coming out, I asked the man in charge was it near the time to take the vessel to where the captain was to come. He told me it was; it was then drawing near six o'clock in the evening. We then set canvas on the ship and laid her across.

The CHIEF BARON. To where ?-To Streeda coast-guard station.

That is south of Sligo again?—It is south to Sligo; it is between Sligo and Mullaghmore station.

Sergeant BARRY. That is inside of Innismurry island, I believe?—It is.

Did you come close to Streeda ?—We did, close enough to land. There was no sign of any captain coming, and then we got sails aback on the vessel, and she was heaved to there until ten o'clock. About ten o'clock I was standing on the quarter-deck. I saw a hooker running down as if she came down from Killybegs, and she came under the stern of the ship. A man out of the smack hailed to the man in charge of the vessel. I didn't understand what was the language.

What occurred then?—The man in charge ordered the men to get the boat on deck into the water.

The ship's boat?-The ship's boat. The ship's boat then went to the hooker. What did it do?-It took the man in the hooker on board the vessel; he then went down into the cabin, and he was in the cabin about half an hour.

Was anything said about who this man was?-Not at this time. He came on deck again and walked over to go into the boat. I asked the man in charge was that the captain, and he said, "Watch your own business, watch the vessel." I said, "I am long enough watching the vessel, and I will stop no longer." I then went forward to the rail of the ship and jumped into the boat.

What boat-The ship's boat.

Had the strange gentleman that came on board got into the boat at the time?-He had. The man in charge ordered me up out of the boat again, and said that he had two wounded men to land on shore and send to hospital the next morning. That was the coming morning. Then I was dragged out of the boat on deck. I refused to come out of the boat when I was ordered, and I was dragged out.

Had you heard previously of any mention of two men being wounded?—I had; I forgot stating that. When I was about two hours on board the vessel, he told me these two wounded men had a fight on the morning before I went on board, and that one of them drew a pistol out, and that the two got wounded by the pistol-shot.

After you were taken out of the boat as you described, did the boat leave with the man on board?-It left the gentleman on board the hooker and came back to the ship again.

Did you hear any name given to that man on board?-No, I did not.

You remained on board the vessel until when?-I remained on board until one o'clock in the morning.

[Page of report No. 55.]

What occurred then?-About one o'clock he told me to reach the vessel close to the shore, in order to land these wounded men and send them to hospital. I did so. I put the vessel in until I got but four fathoms of water, opposite the Streeda coast-guard station.

How close to the shore was that?-It was within a quarter of a mile of the shore. When you got so close what occurred?-We got the sails back on the vessel, and the wounded men were sent down into the boat.

How many?-Two, and three more who were not wounded-that was five, and we pulled for the shore.

What occurred then?-When I was pulling the after oar, we pulled until we got into a beach of sand; when the boat struck on the sand I was carried out of the boat, and I stopped on the sand until one man was carried up on the bank.

The CHIEF BARON. How were you carried?-By one of the men that was in the boat. I then stopped on shore until one of the wounded men was up with me as far as the beach. I walked away then and left them there. I had to go 50 miles to my home, and I thought it was time for me to make for home. When I was going up a piece from the shore I met two of the Streeda coast guard.

Sergeant BARRY. Would you know either of the wounded men, or any of those who came on shore with you, if you saw them?-I think I would.

Turn round and see if you know any of them?-That man [pointing to Nugent] was on shore with me.

Do you know what his name is?-No.

Was he one of the wounded men ?-No, he was not.

Do you see any of the wounded men?-Yes, that is one of the wounded men, (pointing to another of the prisoners named Coffey, alias Nolan.)

The CHIEF BARON, (addressing the prisoner.) Do you wish to ask the witness any questions?

The PRISONER. No, my lord; I will only call your attention, for the sake of law and justice, to his direct statement that he made on the 27th of May, when he swore he received no money, though he now swears he received five or six shillings. He also swore then that he was on the lookout on shore; he now swears that he was in a small boat. For the sake of law and justice, I wish you would analyze his evidence.

WITNESS. I would like to say a word; I reported that I didn't get my pilotage which I agreed on, the two guineas.

The CHIEF BARON. Prisoner, if there be anything else you wish to ask him, when we return you can mention it to me, and I will have it asked.

The PRISONER. In his first informations, which are the only genuine ones-the others are improved editions under the supervision of Mr. Anderson-he swore that the man in charge did not tell him what cargo was on board; that he saw eight or nine men on board, and that he told two coast-guard men whom he met that that was all he knew to be in the vessel; yet he now swears that the man in charge told him that she had a [Page of report No. 56.]

light cargo of fruit, and he swears a great deal more than he did in his informations. WITNESS. I proved to nothing on board at that time; I only proved to the ship's

.crew.

The PRISONER. If your lordship would analyze his three informations and compare them with his evidence here to-day, you will find it is a tissue of perjury from first to last.

The court here adjourned for a short time. On resuming—

The CHIEF BARON asked the prisoner if he wished the entire witness's informations to be read, or only a portion of them.

The PRISONER. I only suggest, for the sake of law and order, that your lordship should analyze his informations and compare them with his evidence hereto to-day.

The CHIEF BARON. If you don't desire that the entire should be read, I will only read such portions as are, in my opinion, material. (To the witness:) You were sworn to an information made by you on the 27th of May, and to two more on the 15th of June?— Yes.

And you were sworn to another made on the 12th of October. In the information you swore on the 27th of May do you recollect stating this: After stating that on Friday, the 24th instant, you observed a vessel in Teelin bay, and that you boarded her to know if she wanted a pilot, and after telling what passed between you and the man in charge, you proceed to say, "He told me the vessel was from Spain, bound to Glasgow; but he did not tell me what cargo. I saw about eight or nine men on board, all, I believe, sailors. I was landed about half-past one o'clock a. m. on Saturday morning, the 25th instant, at Milk harbor, on the Connaught shore. The two wounded men were also landed at the same time. I received no money for my services, as the man in charge told me he had no money when the captain did not come. A short distance

from where I landed, about two miles, I met two coast-guard men, who made inquiry about the vessel. I told them all I knew; they said they had been watching her, and proceeded on towards the shore. I know nothing further concerning said vessel." Do you remember having sworn that?-I did. I could not give fair evidence on board the Vessel.

It was in your informations you stated that you did know nothing more about the vessel except what you stated to the coast guard. Did you tell the coast-guard men all you know about it ?—Yes.

Is that true what you swore there?-It is. I told them that the man in charge of the vessel said he came from Spain, and was bound for Glasgow. That was what he told

me.

Did you tell the magistrate all you swore here to-day?-No. I was sworn in the vessel, and I could not give fair evidence there.

And that is the reason you didn't tell him what you told here?—It was.

What is the reason you state in your information that "I know nothing further concerning said vessel ?"-I knew nothing of law. I never stood on the bench before, and I have a large family.

[Page of report No. 57.]

It isn't what you told the coast-guard men, but what you swore in your informations I am now referring to. You swore two things in your informations: first, that you told the coast-guard men all you knew, and next, that you knew nothing concerning the vessel except that which you stated in your informations. These informations do not contain any of the matters that you stated here occurred in the cabin of the vessel. Can you state how that occurred?-I only reported to the ship's crew what the man in charge reported to be on board the vessel.

You were not asked what you reported to the ship's crew, but what you reported, as you term it, to the magistrate-you told them you stated all you knew, and that you knew nothing more concerning the vessel than what you had told the magistrate.-I told the coast guard

What did you swear to the magistrate-did you swear this to him: "A short distance from where I landed, about two miles, I met two coast-guard men, who made inquiry about the vessel; I told them all I knew; they said they had been watching her, and proceeded on towards the shore. I know nothing further concerning the vessel”—did you tell them all you knew?--No, I didn't.

Did you know more about the vessel than you swore ?—I don't know.

Did you tell the magistrate all you knew ?-I told him I saw about eight or nine men on board, and that I got a report from a man on board that she had a light cargo of fruit.

Did you tell the magistrate what occurred in the cabin ?-No; because I swore I would not do so.

The PRISONER. All he says in his informations is that he didn't know what the cargo was, and he didn't ask what it was.

The CHIEF BARON. He didn't say anything about the cargo.

The PRISONER. This very moment, my lord, not five minutes ago, he said he told the magistrate that she was laden with fruit. Yet in his informations he says "the man in charge told me that the vessel was from Spain, bound to Glasgow; but he did not tell me the cargo." He says now she was laden with a cargo of fruit.

The CHIEF BARON. You are very right. (To the witness:) Did you report to the magistrate that the vessel was laden with fruit?—Yes, I did.

This is what the magistrate took down, and what you are stated to have sworn, that you told him that the man in charge told you the vessel was from Spain, bound to Glasgow, but that he did not tell the cargo-I stated that she came from Spain, and was bound to Glasgow, and that she was laden with a cargo of fruit.

Did you tell that to the magistrate?—Yes.

On the 15th June you swore another information: do you remember that?—There were only two reports before the report I made in Dublin.

And one of these was made on the 15th June?—Yes.

You made informations twice on the 15th June, one after you saw the men that were wounded; do you remember that ?-I don't know.

After you went to Sligo jail, do you remember?—Yes.

[Page of report No. 58.]

You made an information both before and after you went there, and you stated in one of these informations that you were on shore about seven o'clock in the morning, on the lookout, when you saw the vessel; that your own boat was then aground; that you took Pat Mechan's boat, with six men beside yourself; further down you stated that you didn't ask the name of the vessel, nor did you hear it: "I didn't ask the captain's name, nor did I hear it; I did not hear or ask the name of any man on board." That was your information of the 15th June.

The ATTORNEY GENERAL. Your lordship is passing over two or three lines at the foot of the third paragraph.

The CHIEF BARON. The discrepancy is in the information of the 27th May, and it may

have occurred from the magistrate not taking down all the witness said. In the information of the 15th June you state, "I asked him where he was from; he said from Spain, and bound to Glagow, with fruit ?"-Yes, that's where it is.

In your informations of the 12th of October you state, "I remember a Friday, near the end of May last; I saw on that day a brigantine coming from Sligo bay; I had noticed her on the previous day; on the Friday I was in a row-boat, looking out as a pilot, when I saw her"

WITNESS. That's in the wrong place there; I saw her on Thursday, and I boarded her on Friday. I was on shore at the time.

The CHIEF BARON. After stating that you agreed to pilot the vessel for two guineas, you proceed to say, "The brigantine seemed to be about 180 tons burden; I cannot say about what length she was; she was about 20 or 25 feet beam. I asked the name, but the man in charge would not tell me. I could not get the name of the captain."

The PRISONER. In his statement of the 15th June, my lord, he swears positively, "I did not ask her name, nor did I hear it; I did not hear or ask the captain's name, who was said to be on shore, nor did I hear it. I did not hear or ask the name of any man on board." So that in almost every line he contradicts himself.

The CHIEF BARON. You state in your information of the 15th June, "I did not ask her name, nor did I hear it; I did not ask the captain's name, who was said to be on shore, nor did I hear it ;" while in your informations of the 12th October you say, "I asked her name, but the man in charge would not tell me”—how do you reconcile these two statements?-I told the magistrate that I did not see the name of the vessel, and that even if I did I would not be able to read it, as I was no scholar; and that I had to leave the vessel without the name of her, or of the captain, and without my pilotage.

You are asked how you reconcile these two statements-on the 15th June you swore that you did not ask the name of the vessel, nor did you hear it, and that you did not ask the captain's name, nor did you hear it; while on the 12th October you swore that you asked her name, but the man in charge would not give it.-In my report to the magistrate, I said that I could not see her name, and that if I did I could not read it; and that I could not get the name of the captain, as he was on shore.

[Page of report No. 59.]

How is it that you say in one instance that you did ask for the vessel's name, and in the other that you did not ask it?-It may be put down wrong.

You stated that it was in the evening you saw the vessel?-Yes; the evening before. Were you then on shore?--I was.

When you saw her the second time where were you; were you on shore also?—Yes, on shore.

How is it that in your information of the 12th October you swore "On the Friday I was in a row-boat, looking out as a pilot, when I saw her?"-That is wrong; I never reported that. I reported that I was on the lookout for the vessel on Thursday; that on Friday morning I saw her coming out from Sligo bay, that I pulled out with six men and went on board of her.

Is it not the fact that you were in a row-boat when you saw her?-I was on shore. And not in a row-boat?-We pulled out in a row-boat.

What do you mean by saying that you went to two places on the Donegal shore for the purpose of seeing whether any of the coast-guard men would come out?—The reason is that when I saw these men swear me in the vessel, I knew I could not give fair evidence or report, and I could not get out of the vessel. I thought the coast-guard men would come out and take me on shore.

That they would come for the purpose of taking the vessel?-For the purpose of taking me away.

The PRISONER. I would call your lordship's attention to the first information, where he says that he met two coast-guard men, to whom he told all he knew.

The CHIEF BARON. Did you intend to tell the coast guard in case they came out, why you wished to leave the vessel?-I knew that if they came out they would know if there was anything wrong with the vessel.

Did you expect the coast-guard men to come out and take you from the vessel ?—I thought it was strange that they did not go out in a boat, as it was their business to do. Was it to get yourself safe from it you wished them to come out?-It was.

Would you not tell them what happened, if they came out?-Perhaps I would not tell them, as I had sworn a solemn oath in the cabin.

You stated in a part of your evidence that "I got the vessel on small canvas; I reached her in towards Mullaghmore station of coast guard as near as I could, when I thought I could not give fair evidence if I was taken up;" what do you mean by that?-When I was sworn not to report the vessel, I thought I would reach her close to the shore, and that the coast-guard men would come on board and would know what was the vessel. Did you intend to give them fair evidence, or report as you call it, in case they did come on board?-No.

What do you mean by saying that you could not give fair evidence?—I didn't say that.