Do you know a fishing-boat belonging to him?—Yes.

On that day did you see his boat passing Helvick station?—Yes.

At what hour?-Between 11 and 12 o'clock.

When passing the station could you say who were in her?-Only the fishermen. Did you see where she put into the coast?-Yes.

About how far from Helvick station?-About three miles.

[Page of report No. 72.]

Did you lose sight of her from the time she passed the station until she put into the coast? No, sir.

When she put in did you see any persons get out of her?-Yes, between 30 and 40

men.

Did you see what they did after landing?—Yes; they were putting on something like their shoes, and brushing themselves up.

Where did they go to then?-Up to the cliffs, to a place called Breen.

Did they go all together?-No; they started in threes and fours. There is a sort of way over there.

Did you keep them in view?—Yes, sir.

They soon got out of your view?-Yes; they soon got out of our view altogether. The CHIEF BARON. Was any one else with you?—Yes; there were three men besides

me.

Are you able to say whether these men were sitting in the boat?-Yes; because they could not be seen. If they were standing up their heads would be above the gunwale. Were the fishermen standing up?—They were working the boat.

What kind of boat was this?-She was between a six and seven ton boat-a smallclass hooker.

Had you ever been in her?-No, sir; but alongside of her often.

Are there seats in her?-There are four thwarts about a foot from the gunwale.

If they were sitting that way each could be seen outside the gunwale by you, or might they have escaped your observation?-If the men who were in the boat were sitting down in the bottom of the boat they could not be seen.

If they were sitting upon the seats could they be seen?—Yes.

The CHIEF BARON (to the prisoner.) Do you wish to ask the witness any question? PRISONER. No.

ANDREW ROCHE examined by Mr. BEYTAGH:

You are a farmer?-Very little.

You have some land?-Yes.

Do you live at a place called Ring?—Yes.

In the county of Waterford?—Yes.

How far is that from a place called Helvick?-About two or three miles.

Is there a place called Ring Church there?—Yes.

Do you remember a day in June last when certain people came to your place?—I do not know any day in the month.

Was it a day in June?-Yes.

Were you working in your farm or garden?—Yes, sir.

Did a couple of men come to you?—Yes, sir.

Just look round and see, do you see either of the men?-I do. identified the prisoner on trial.)

(The witness here

Was there another man with him when they came to you?—Yes. identified the prisoner Nagle.)

[Page of report No. 73.]

(The witness here

He was brought to

The PRISONER. Allow me to state how this man identified me. the prison door and told, “There's Warren. Is that the man?" "Yes, sir." "That will do." That was done by the Crown solicitor.

The CHIEF BARON. Did that happen?-Yes.

Mr. BEYTAGH. What happened?--I was brought to the prisoner, and he was brought

out.

The CHIEF BARON. Were you asked was that the man?—No, sir.

Mr. BEYTAGH. Did you know him when you saw him?-I did not remember

The CHIEF BARON. When you saw him at the prison door did you know him?-(This question was not answered.)

Mr. BEYTAGH. When you saw him in the prison, did you know him as the man you saw at Ring?-I did not know him at that time.

And when you saw him again did you recollect him as the man you saw?-He shook hands with me.

Where-In the jail.

The PRISONER. In explanation of that I may say it was but a joke, to show how perfectly indifferent I was.

The CHIEF BARON. Did you know he was the man until you shook hands with him?— No; he went away-I did not look at him.

Do you know him now?-I do.

Do you see the other man there (Nagle)?—I do.

Are these the two men who came to you?-Yes.

Where did you see the other man afterwards?—In the prison.

Did you know him the way you knew the other?-Yes.

Did you know him when you first saw him?—I did.

How did you know the one and not the other?-Because he came out, and then went quick in again.

Were they both brought separately to you?-Yes.

When they came to you at Ring what did they say to you?-How many miles is it to Youghal? I said about 12 miles.

Did they say anything about a car?-They did. He said could I get a car to go there? I said I had a pony myself, and said I would hire it.

Did they ask the price?—Yes.

What did you say?-Five shillings.

Did they agree to give you that?-Yes, sir.

Did you tackle your pony to a car?-No, but to a cart.

Did you at any time observe the state of their dress?-Yes; it was quite wet.

How high up was the dress wet?-About the middle or so.

As you were going along did you say anything to them about where they were?No, sir.

Did they say anything about being at sea?-They said they were fishing and the ship took fire, and then a vessel going to England picked them up.

How did they get out from their boat did they say?-By a fisherman's boat.

[Page of report No. 74.]

How did they get out of the boat?-She came into the harbor and struck the strand. And they jumped out?-Yes.

The CHIEF BARON. Do not ask him the questions in that way.

Mr. BEYTAGH. What did they say about how they got out of the fisherman's boatthat they jumped out into the water?-Yes.

The CHIEF BARON. I must beg of you not to lead him in that way.

Mr. BEYTAGH. How far did you go with them on the cart?-To Youghal.

Did you come to the bridge?—Yes.

Did you go on the bridge-Yes.

Did anything happen there?—Yes.

What happened?-They were taken.

Who took them?-A policeman.

Were you taken ?—Yes.

Do you know the name of the constable who took you?-No.

Mr. BEYTAGH. I wish to ask your lordship did you take down that the reason he did not know Warren was that he was taken away suddenly.

The CHIEF BARON (to witness.) Whether you recollected this man in the jail or not, are you able to swear that the two men who came to you and went upon your cart were the two men who were taken by the constable on the bridge?—Yes.

Was any part of their dress wet when they asked for the cart, and were they the same men who came to you with part of their dress wet and asked for the cart?—Yes. The PRISONER. He swore on the table he did not know me in Kilmainham. He swore deliberately he did not know me when he saw me in Kilmainham after being brought to the cell door and told we were the men.

The CHIEF BARON. What he now says is, whether he knew you or not, two men came to him in the field with their clothes wet, and he brought them to Youghal, and they were taken by the police, and they were the same two men.

The PRISONER. If you analyze his evidence as you did that of Gallagher, you will find it is made up to order, and supervised by the Crown solicitor also.

Police Sergeant JAMES NORRIS examined by the ATTORNEY GENERAL:

Do you remember the 1st of June last?--I do.

Where were you stationed on that day?--In the town of Youghal, county Cork. Were you on the Youghal bridge that day?—I was.

Did you meet any vehicle coming over the bridge?—I did.

That is the bridge over the Blackwater?-Yes; about a mile from the town of Youghal. In which direction was that vehicle going?-It was going in the direction of Cork, apparently from Waterford.

[Page of report No. 75.]

How many were in the cart?-There were two men, and a man driving.

Do you see in court either of the two men?-(The witness here looked round the ourt and said that the two men in the dock were in the cart, and the third man was driving.)

Did you see the man who was driving the cart?-I did. I heard his name. (The

witness here pointed to the previous witness, and said, That is the man, Andy Roche, who was driving the cart.)

Did you do anything when you met the cart?-Yes, I stopped it.

Did you observe anything about the clothes of the men in the cart?—Yes; I observed that they were wet and sprinkled with sand.

Did you say anything to them?—I did.

What did you say?-I asked them how far they had come; the man holding the paper (the prisoner Warren) said they came from Dungarvan.

Did you ask him any other question?—I asked him where he belonged to, and he said to Cork.

Did you ask him anything more?—I asked him his name, and he replied that it was John Donovan.

Did you ask the second man what his name was?-Yes, and he said William Palmer. Did you ask the man who gave his name as William Palmer any other question?— Yes, I asked him whether he also belonged to Cork, and he said yes.

Did you then make any other observation?—I did; I made some observation about the appearance of their clothes.

Do you recollect exactly what they said?-I cannot recollect.

When you made that observation, was anything said either by Palmer or Donovan?— Yes. One of them, I cannot say who, positively, said they were out on a fishing excursion, and that their vessel took fire, and they were taken off by a vessel or boat, and they had to land in a fishing-boat.

Did he say anything more?—No, except when I asked a question.

Were they both present?-They were. I asked whether the vessel was a brig or a schooner, and Donovan said, "No, a brigantine.”

The CHIEF BARON. Did you mention what vessel you were inquiring about-whether the vessel they were fishing in or the one in which they came up?--I don't know, my lord, whether they understood clearly, but I intended to ask them what description of vessel took them off.

The ATTORNEY GENERAL. After that conversation what then occurred?-I then said that I was a constable of police.

The CHIEF BARON. Were you in regimentals?—I was not in regimentals. I said I had an intimation of a party having landed at Dungarvan on that morning under suspicious circumstances, and that I should take them into custody, and that they should go with me to the police barrack; and they said "very well."

[Page of report No. 76.]

The ATTORNEY GENERAL. What did you do then?-I then arrested them and proceeded to search them.

Did you arrest Roche, the driver?—I did not.

What did you do with him?-He came with them to the police barrack; I searched them on the bridge to ascertain whether they had any arms about them.

I believe they had none?-They had none.

I found

Did you make any further search when you arrived at the police barrack?—I did; I searched the prisoner who gave his name as Donovan, at the police barrack. on him a shirt collar, a small scarf and scarf-pin, and three or four half-crowns. Nothing else?-Nothing else that I remember.

Did you then search the man in the dock who gave his name as Palmer?-Yes.

What did you find on him?-I found articles of dress-some shirt collars.
Have you got the shirt collar?-I gave it up to my officer.

PRISONER. On the part of the prisoner Nagle I protest against his case being brought forward on my trial for the purpose of influencing the jury against me.

The CHIEF BARON. The case against you is that you were a confederate in one common conspiracy in which Nagle was a party, and the law is that when the existence of the conspiracy is once established, the acts of one conspirator can be given in evidence against another. That is the state of the law, and that law also prevails in America. The ATTORNEY GENERAL. What else did you find on Nagle besides articles of dress?— I found a pocket-book containing a sovereign, a bunch of small keys, and articles that he had for dressing-a hair-comb and hair-brush-and papers with penciling on them. (Paper handed to witness.)-Was that one of the papers you found?-That is one of them.

Is it in the same state in which you found it?-Yes, except the initials on it, and these marks I put on it, and the writing in ink, which was put on by my officer in my presence.

The original was all in pencil?—Yes.

And it is now in the same state in which it was then ?-It is.

(Another paper was handed to witness, who said that he also found it on him, and that it was in the same state as when he found it, except as to the writing in ink. The pencil writing was the same as before. Another paper was then handed to witness, who said that he also found this paper on the man who gave his name as Palmer.) Is that in the very same state as regards the penciling?—Yes.

Did you find anything else?—Nothing else.

Where did you leave the prisoners then?-At the police barrack.

The Attorney General then said he had no further questions to ask the witness. The CHIEF BARON then addressing the prisoner, said: The acts of one conspirator, if [Page of report No. 77.]

they are acts in furtherance of a common design, not otherwise, are evidence against all the conspirators, and if you wish to ask the witness any questions you can do so. PRISONER. I have no question to ask, my lord, but that is a very novel idea.

The CHIEF BARON. It is a long-established law, and prevails in America as it does in England and Ireland.

The court then adjourned to next (Friday) morning.

FRIDAY, November 1, 1867.

The court sat at 10 o'clock a. m., this day, when the examination of witnesses for the prosecution was resumed.

The prisoner said: My lord, before you hear any more evidence, I would suggest some discrepancies between the direct evidence of Buckley and his informations which were given in Mount Joy prison.

The CHIEF BARON. I will recall Buckley for the purpose of examining him. I intend asking him some questions which appear to me to be proper for me to ask him, on your behalf, as you are not defended by counsel. I intend doing that at a subsequent period of the trial, and if you would, in the mean time, point out what you wish to have asked, it would perhaps be more convenient to do so then.

The PRISONER. That will answer better, my lord.

The CHIEF BARON. Take a note of what you desire to have asked on his examination.

BERNARD BURKE recalled and examined by the CHIEF BARON:

You are one of the coast guard of Streeda?—Yes, my lord.

Were you long stationed there?-Two years.

Did you know Gallagher, the pilot, before the occasion of his having been engaged in this vessel?—No.

Do you know whether or not he was a pilot?—I did not know him at all.

JOSEPH CLARKE recalled and examined by the CHIEF BARON:

You are one of the Streeda coast guard?-Yes, my lord.

How long were you at that station?-Three years and a half.

Did you know anything of Gallagher before this occurrence?—No.

Did you know of his having been a pilot before that?-No.

The PRISONER. My lord, I wish to know something of his character-whether he was ever charged with stealing on shipboard.

The CHIEF BARON. I will ask Gallagher himself that.

[Page of report No. 78.]

(To the witness.) How long have you known Gallagher?-I knew him for several years.

What has he been at before?-He was at sea.

What was he doing at sea?-Fishing.

Anything else?-No.

Did you know him to have acted as a pilot before this occurrence?—Yes; he was a pilot.

Has he "pilot" marked on the sails of his vessel ?—He has.

Can you read or write?-No.

Is he known there as a pilot?-He is; he is a pilot.

I am going to ask you another question; you can answer it or not, as you think fit. Were you ever a Fenian ?—No.

JAMES PATTEN examined by the ATTORNEY GENERAL:

You are head constable, I believe?—Yes.

Where are you stationed?-At Killybegs.

That is in the north of Donegal, I believe?—Yes.

Do you know Michael Gallagher?—I do.

What is he?-A pilot and fisherman-a pilot.

Is he known by any name as a pilot?-He is known of the Teelin pilot.

The CHIEF BARON. What is that? Is that the name of his place, or a place?—That is the name of the place he lives in.

The ATTORNEY GENERAL. You know he acted as a pilot ?-Repeatedly I saw him act as a pilot.

Sub-constable THOMAS IRWIN examined by the SOLICITOR GENERAL: Are you a sub-constable?-Yes.

Where are you stationed?-At Dungarven.

Do you remember the 1st of June last?--I do.

Did you arrest any men on that day?—I did.

Look around and see if you see any of the persons you arrested.—I don't.

Did you see Buckley examined here yesterday?—I did.

Was he one of the men you arrested?—He was.

Where did you arrest them?-I arrested them on the road leading from Dungarvan to Youghal. There are several roads, but this is the most easterly road, and the most convenient to the bay.

Where did you arrest them?—At a place called Ballywilliam Cross.

At what o'clock in the day did you arrest them?-I think it was about half-past three o'clock in the day, as near as I can go.

Did you arrest other persons with him at the time?—Yes; I arrested a man who gave his name as James Lawless.

The CHIEF BARON. Was he with Buckley-He was with Buckley.

[Page of report No. 79.]

The SOLICITOR GENERAL. Did you arrest any other persons at the time?—Yes; I arrested another man who gave his name as Augustine Costello.

The CHIEF BARON. Was he also with Buckley? Yes, my lord.

The SOLICITOR GENERAL. Would you look around now and see if you see either of the other men now?-I see Buckley.

Did you see Costello yesterday in court?-I did not. [The prisoner Costello was here placed at the bar.]

Look around now and see if you see any one you know.-That is the man who gave his name as Angustus E. Costello.

Who was the magistrate you brought these men before? Were there any magistrates with you at the time of their arrest ?-Yes; two magistrates were with us.

Who were they, or what are their names?-Mr. Redmond, the resident magistrate, and Mr. Henry A. Fitzgerald, of Seaview.

Did you see Mr. Redmond here?—I did.

Were the men you arrested on the road or off the road, or where did you find them?— Buckley, Costello, and Lawless were on the road.

What did you do with them when you arrested them?

The CHIEF BARON. In what way were they going when you arrested them?—They were going in the direction of Youghal, my lord. We took them up on a car and drove up to Kelly's Cross police barrack, and gave them in charge to the police, who had a number of others in custody at the same time.

The prisoner, in reply to the chief baron, said he did not intend to ask the witness any questions.

MICHAEL GALLAGHER recalled and examined by the CHIEF BARON:

I wish to ask you a question which you need not answer-you are not bound to answer it, if you don't like. Were you ever a Fenian?-No, I never was.

Had you anything to do with the rebellion proceedings that occurred in this country this year?-No.

The CHIEF BARON, (to the prisoner.) Do you desire that any question should be put to the witness? You said something of his character. That cannot be asked of another, but it can be asked of himself. You are entitled to ask him of his own character, but "you cannot ask him of another man's character.

The PRISONER. I would wish to ask him if he was ever charged with stealing a pair of boots on shipboard.

The CHIEF BARON. Were you ever charged with stealing a pair of boots on shipboard! -Never in my life, or anything else in my life, since I was born.

The PRISONER. His denying that question so pointedly, I need not ask him any other question.

JOHN JOSEPH CORYDON examined by the ATTORNEY GENERAL:

I believe you were an officer in the federal army?—I was.

The CHIEE BARON. In the northern States?-Yes, my lord.

[Page of report No. 80.]

The ATTORNEY GENERAL. What rank had you in that army?-Lieutenant.

Did you ever become a member of the Fenian confederacy in America ?—I did.
At what time?-In the summer of 1862.

Did you take an oath ?-I did.

What was the nature of that oath-To establish an Irish republic in Ireland.

The CHIEF BARON. Where did you take the oath?-In America.

In what year was that?-In 1862.

The ATTORNEY GENERAL. In the State of Virginia, I believe?-Yes.

Were you acquainted with the organization of the ranks in that confederacy?—I was. What were the different ranks?-There was no distinction in America, but in Ireland there was a distinction of ranks.

The CHIEF BARON. No distinction of ranks you say in America?—No.