In the winter of 1866 and 1867 the plans of these conspirators were to a certain extent matured, and it was resolved to rise in open insurrection in this country. It was resolved first to rise in February last. That attempt proved abortive, and it was then resolved to rise again on the 5th of March last. And accordingly on that day the rising took place, and amongst other counties in the county of Dublin, as alleged in the indictment. That attempt at insurrection happily failed. The conspirators failed from their own infirmity, and because of the power and vigilance of the government, and in [Page of report No. 25.]

consequence of valuable information which was communicated to the government by one who had served in the American army, who had been an active Fenian, but who, at the time of giving this information, was in the employment of the government. The insurrection, fortunately for all parties, perhaps most so for the disloyal, had not even a momentary success. A few policemen and a few coast-guards were made prisoners of war, in the name of the Irish republic; a few houses were plundered and burned; there was a little bloodshed, but there was a great failure of this attempt at insurrection, which burst forth in so many parts of Ireland and was contemplated in others. Although that rebellion was most disastrous as regards the social and material prosperity of Ireland, it was in itself contemptible, almost as contemptible as another Irish rebellion, which the vanity of a foolish gentleman instituted in this country some years ago, and which he brought to an issue in a memorable battle amidst the derision of Europe! One would have thought, gentlemen, that the issue of the "rising" of the 5th of March would have been a lesson to the Fenians in this country and in Americathat it would have taught them by experience the folly of these efforts. But, unfortunately, even the lessons of experience are sometimes thrown away on desperate men. Scarcely had the 5th of March passed by-scarcely had the unfortunate men who went out for the purpose of rebellion found shelter from the pelting of the pitiless stormsome in their cabins, some in ships to convey them to distant lands, some in miserable jails-when a new expedition of desperate men was organized for the purpose of aiding the Fenian conspiracy; and it is with the details of that extraordinary expedition, which, as the lord chief baron said in charging the grand jury, shows that "truth is sometimes stranger than fiction," that you, gentlemen, will be chiefly occupied during the progress of this case. I shall proceed to state to you that transaction; but you must bear in mind that it is not the only charge against the prisoner. The charge against him is twofold. One is, that he is a conspirator, and a member of the Fenian conspiracy; and if, upon the evidence, you are satisfied of that, you are bound to find a verdict of guilty, irrespective of that extraordinary transaction which I am now about to disclose.

John Warren, the prisoner at the bar, was, as you have heard, born in the county of Cork. Some years ago, before 1866, he emigrated to America, and he there entered the military service of the United States. He rose to the rank of captain, and in 1862, for some cause or other, he was dismissed from the American service. About 1862 Captain Warren was a prominent member of the Fenian conspiracy in America, and he became the head center for Massachusetts. The 5th of March had passed, and I suppose the news of what happened here on that date must have reached America before 12th April; but on 12th April, 1867, a party of 40 or 50 men, almost all of them officers and privates, or who had been so in the service of the American government, dropped down in a steamer from New York to Sandy Hook, a distance of about 18 miles. At Sandy Hook [From page of report No. 26.]

they found a vessel of 113 tons burden, which had been purchased for the purpose of the expedition, and in this brigantine they embarked and sailed for Ireland. The name of the ship was the Jackinel. She sailed without papers, and she had no colors when they started. Of course, gentlemen, the object was to avoid suspicion. Her object must have been some irregular project, or she never would have sailed without papers, because, as you know, the navigation of a ship is encountered with great difficulty if she is found sailing without papers, and papers, of course, could not be got from the American government. They sailed without colors.

The men got orders to embark without luggage-rather an extraordinary thing for a party of 40 or 50 men, most of them officers, to embark for a distant voyage without any luggage. I shall be able, gentlemen, before I close, to give you the names and military rank of almost every man who embarked on board that vessel; and, I think, their military rank is a circumstance impossible to be reconciled with a legitimate project; that 40 or 50 men, generals, officers, and privates, should embark on board that ship, and sail from New York to Ireland, without any luggage! Of the 40 or 50 no fewer than 31 were arrested in Ireland by the constabulary, as I shall by-and-by explain. Among the men who left New York on the 12th April, who embarked on board the Jackmel, and who were afterwards arrested, was a man named Buckley, who will be produced as a witness; a man named Nolan, who will be also produced; a man named Nagle, called "General Nagle," and Captain Warren, or, as I understand, he was called in the Fenian service, "Colonel" Warren. The captain of the vessel was named Kavanagh, and the name of the commander of the expedition was Kerrigan. Neither

of the two last mentioned is in custody; but I understand it will be proved that Kerrigan filled the office of brigadier general in the American army, and was at one time a member of the American Congress. These men did not sail on this expedition without some cargo, though they had no luggage. They had a very large quantity of fire-arms of various kinds. The arms were packed in piano cases, in cases for sewing machines, and in wine casks, so as to conceal them effectually, These arms, thus packed in these cases, were, for the purpose of concealment, consigned to some mercantile firm in the island of Cuba; and during the voyage some of the large cases were opened and the contents repacked in smaller cases, no doubt for the convenience of landing.

The Jackmel, as I have said, sailed without papers or colors. After one day's sailing towards the south, in the direction of the West Indies, her course was changed, and the ship was steered towards Ireland. When vessels occasionally came in sight English colors were hoisted, as a further means of deception, and so the party proceeded on their voyage. Nothing remarkable occurred until Easter Sunday, the 21st April, [Page of report No. 27.]

nine days after they sailed. They resolved to celebrate this day as a high festival; and accordingly they hoisted a green flag with the sun-burst to the mast-head; they fired a salute, and they changed the vessel's name to the "Erin's Hope." What a mockery to call that vessel "Erin's Hope!" as if any good could be hoped for from such an expedition, organized in such a way, led and conducted in such a way, and having such an object as kindling the flame of insurrection in Ireland, to the destruction of the peace and prosperity of the country. Erin's Hope! On the same day Kavanagh, who was in charge of the vessel, produced Fenian commssions, and distributed them among the officers on board, and informed the people in the vessel that his instructions were to sail to Sligo and land the men and arms there; and that if he failed from any cause to land the arms and men there, then he was to proceed to some other place where there were fewer difficulties to be encountered. This was on the 21st of April.

The ship proceeds on her voyage; she sailed northward towards Sligo, and arrived off Donegal; then she came back and arrived at Sligo bay on the 20th May, and here, according to the sealed orders of Captain Kavanagh, the arms and men were to be landed. Of course it would be a perilous thing to attempt to land them without some communication from the shore, and for several days the Jackmel continued coasting along the shore, sometimes coming into the Bay of Sligo. Whilst there, several transactions of a curious character, important and interesting, as affording a means of testing the credibility of the witnesses, occurred during the six or seven days. The first thing we know to have occurred, almost immediately after the vessel arrived off the coast of Sligo, was that the ship's boat was sent out, landing two men named Shea and Doherty, and of these men I know nothing further, for they have not been arrested. The next matter to which I call your attention was that the man named Buckley, who will be produced, accidentally, whilst the vessel was coasting up and down, discharged his revolver when in the act of cleaning it, wounding a man named Smith, who is still in hospital, and also a man named Nolan. In consequence of these wounds, it was considered desirable not to keep them on board, and accordingly the boat was sent out with the wounded men, accompanied among others by a man named Nugent, and these three were after a short time arrested and taken into custody.

The next incident is a very singular transaction. On the coast of Donegal bay, which is situated just to the north of Sligo bay, is a pilot station, and Michael Gallagher, a pilot, was looking out for some occupation in his profession when he saw this brigantine, the Jackmel. Accordingly, he put out from the station, and was hailed by those on board the ship. They called on him to come on board. He went on board and saw the man who had charge of the ship, and this man told him that the captain had gone ashore at Sligo, which was not the fact. They had some conversation, in the course of which the man in charge told him, "We are come from Spain; we have a cargo of fruit on board, and we are going to Glasgow." After a little conversation the man in charge directed Gallagher to go to the cabin. He did so, accompanied by the man in charge, and in the cabin he found two officers. The two men in the cabin were [Page of report No. 28.] Nagle and the prisoner Warren. Nagle immediately, in the presence of Warren, proceeded to examine the pilot, and put a variety of questions to him. He asked him about the Fenians, and whether he was himself a Fenian. Gallagher said he was not. "Why don't you become one?" said Nagle. "O," said Gallagher, "I have a wife and children, and I don't want to have anything to say to such things;" as sensible an answer, gentlemen, as could be given to one who was attempting to draw him into a miserable conspiracy of the kind. After this conversation Nagle produced a book, and called upon Gallagher to swear that he would not give any description of the ship when he went on shore. Gallagher refused, and made a variety of excuses. He said he had never taken an oath before on board ship; but, at all events, he manifested the greatest reluctance and unwillingness to take the oath. Nagle asked him first, and Warren afterwards intervened, and ordered the pilot to take the book in his hand. He still refused, when the man in charge produced a pistol and threatened to shoot

him if he did not take the oath; and thereupon, Gallagher, naturally enough, with a pistol to his breast, took the required oath that he would not describe the vessel when he went on shore. He was then allowed to return on deck. He had sent his own boat away, and in a short time after a small hooker came alongside, and out of it came a man, apparently a gentleman, who immediately went into the cabin. In a short time he came up on to the deck, the hooker still lying alongside the vessel, and ultimately he got into the hooker and proceeded ashore. Gallagher attempted to follow him, but he was forcibly dragged back. However, when the wounded men were sent ashore Gallagher was sent with them, and when the party landed he ran as fast as he could until he met two coast guards, who took him under their protection.

The importance of this evidence, gentlemen, will be evident; and, indeed, the circumstance of administering the oath is one of the overt acts charged. Another transaction with reference to the gentleman who came alongside the brigantine in a hooker, who was well known by many of the officers, and whose name was Colonel Burke, is, that after he had been some time in the cabin, he, with one of the officers of the expe dition named Prendergast, who is not arrested, landed with two or three other men on the shore. Up to this time the brigantine had been waiting for an opportunity to land the arms at Sligo. On the day after Burke was in the cabin, the inferior officers on board the ship were assembled and informed that they could not land the arms at Sligo, and that they were to put to sea. Manifestly Burke had told them that from the way matters stood on shore it would not be safe for their men to land or to put the arms ashore, and on the 26th May the ship left the coast of Sligo. I cannot say whether she sailed along the western coast of Ireland or by the north coast and by the Irish channel. My own impression is that they came down, passing Dublin by the Irish channel. But however that may be, gentlemen, on the 1st June the ship was off Dungarvan, on the Waterford coast. While she was there councils were held on board, at [Page of report No. 29.]

which they discussed what was prudent to be done for the expedition under the circumstances. They had failed in Sligo, their provisions had become short, and they could not remain much longer at sea. These matters were the subjects of discussion among the American officers. They divided on the question-some were for landing, and some against it; but at last the conclusion was come to, overruling the opinion of some, that the majority of the officers and men should be landed, and that the remainder should either go to America, or some place called the Western islands.

That conclusion was arrived at on or before the 1st of June; and on that day a fishing-boat belonging to a man named Whelan came alongside. Whelan, who speaks Irish, saw only four or five men on board, and the spokesman said, "We want to put two men on shore, and we will give you £2 for taking them." Whelan came alongside, and went on deck, and whilst he was there 28 men rushed upon the deck of the brigantine and into the fishing-boat. Whelan had nothing for it but to take them ashore. Accordingly, he began to proceed towards shore, and he asked them where they wanted to be landed, desiring to know whether he should go to Helvic Point-the nearest point of land. They asked, "Is there a coast guard station there?" I suppose their attention was roused by the appearance of the detached white houses of the coast-guard station. He said there was, and they replied that would not do. "Will I land you at Dungarvan?" said he. "No," they said. "Where, then, will I land you?" said Whelan, or one of his men, and they pointed out a place on the shore where there was no regular landing place. Accordingly, Whelan ran his boat into the place indicated. The boat, heavily laden, grounded in three and a half feet water, and the men jumped out and ran on shore, without taking off their shoes or stockings, or their trowsers, which were wet and covered with sand and mud. Among the men who thus landed were Nagle and Warren, the prisoner, and Buckley, the witness, who will be produced to you, and who was the last man who came out of Whelan's boat on that occasion. A coast guard, vigilant in his duty, saw a boat coming ashore. He did not see the men as the boat was passing Helvic Point, but he saw them as they were jumping ashore. He gave information, and the constabulary were on the alert to arrest these men.

Gentlemen, we shall not follow the course of all of them. They broke into small parties; and we will confine our attention to two-the prisoners Warren and Nagle. There is a man named Andrew Roche, who lives in a farm-house a short distance from where the boat landed. Warren and Nagle, with their trowsers wet, went up to the house of this man Roche, about eleven o'clock on the 1st of June. He was at work in his garden, and they asked him how far it was from Youghal. He said about 12 miles. They asked for a conveyance, and he said he had a car and pony, and that he would take them if they paid him, and they agreed to pay him five shillings to take them to Youghal. These men were wet up to the middle. Warren and Nagle drove towards Youghal, and when they arrived at the bridge across the Blackwater they [Page of report No. 30.]

met a constable named Norris, who had received information and was on the alert. He observed that they were strangers and that their trowsers were wet. He asked

them where they came from. Warren said, "We come from Dungarvan." He asked where they belonged; Warren said his name was John Donovan, and Nagle said his name was William Palmer. I do not wish to anticipate the witness; but it will be proved to you that they said, "We were on a fishing excursion; our vessel took fire, and we escaped and got ashore in a fishing-boat." Thereupon Norris said it was his duty to arrest them and he did arrest them. They were searched, but they had no arms. When searched at the police barracks nothing was found on the prisoners; but on Nagle were found some documents which you will have before you; but, gentlemen, stating this case as I am, in the absence of counsel for the prisoners, I don't think I would be justified in reading those documents until his lordship shall have decided that the evidence is admissible against the prisoner.

This was the end of the Jackmel expedition. The 26 men who were on board the lugger were all arrested in different places within four and twenty hours. That, gentlemen, is the principal transaction you have to investigate. It will be sworn that that expedition was fitted out for Fenian purposes; and the question will be, whether you will have any difficulty in believing the statement that that was the object of the expedition. Gentlemen, you will ask yourselves, what does all this mean -what brought all these soldiers to this country-what brought all the arms on board? Were they brought for a legitimate purpose, or were they brought by men who had engaged to aid the Fenian conspiracy, and to assist traitors in this country to rise in insurrection against the Queen? What cause brought Warren there-what brought him on board that vessel-what brought him in the cabin of the vessel off Sligo, when he compelled Gallagher to take an oath? What was the purpose that induced Warren to give a false name when arrested, and to give a false story? because the story of the burned ship will be proved to be false. If they came for a legitimate purpose, they would state what it was. If they came from Spain with fruit, there would be no concealment of the transaction, no suspicious movements, no false names, no effort to avoid the observation of the coast guards. People resort to falsehood when they have a crime to conceal. If it was a Fenian expedition, all is intelligible.

Gentlemen, the issue is a single one. You will first have evidence of the fact of the Fenian conspiracy, and that the prisoner was a member of it. You will then have evidence that the Jackmel expedition was fitted out to promote the Fenian conspiracy. That is another case for a conviction, if you believe the evidence I have detailed. What the defense will be I cannot conceive. The most important consideration for you will be to weigh the evidence. Unless you believe the informer, and unless, in addition to believing him, his statement is confirmed by some evidence of an unquestionable character, the prisoner will be entitled to an acquittal. Gallagher, the pilot, will be produced, and he will corroborate Buckley; but it is sufficient. for me to say [Page of report No. 31.]

that the great consideration for you is, to see whether the evidence is worthy of credit. If you have a substantial doubt, acquit the prisoner; but, gentlemen, you understand the meaning of a substantial doubt. It is not the possibility of a man being mistaken, or of a witness telling a falsehood; but after applying all reasonable tests to the testimony given, the question is, on the whole are you satisfied that the evidence is true and that the prisoner is guilty?

Gentlemen, this case is one of great importance; its importance cannot be exaggerated. If the prisoner be not guilty of the crime laid to his charge, it is of importance to him and to the administration of the law of this country that he should be acquitted. He has the benefit of presumed innocence as he stands at the bar; he cannot be divested of that presumed innocence without evidence to satisfy you that he is not innocent. But, on the other hand, gentlemen, it is of the greatest importance that the prisoner should be convicted if he be guilty of the crime laid to his charge; no man can dispute that proposition. For the ignorant peasant, tempted and seduced into treason, we can feel sympathy; but I can feel no sympathy with the man who comes from another country; who deserts his adopted home to be a firebrand in our country; to excite the people to their own destruction, to misery, and ruin. It is of deep importance to the welfare of Ireland that strangers should be deterred from such wanton and wicked aggressions on her peace and her prosperity. Gentlemen, if the prisoner is not guilty, acquit him. The more grievous the crime charged, the more important it is that he should be acquitted if he be innocent. But if he be guilty, let nothing prevent you, let no considerations whatever prevent you, from doing your duty to your country by convicting him of this great crime.

No man surveys the United States with more admiration than I do. When I look at her unbounded resources and the indomitable energy of her people; when I think of the gigantic struggle through which she has just passed, I see for America a future of greatness exceeding, perhaps, that of Rome, perhaps that of Britain. Let the citizens of America, whether native citizens or adopted citizens, lend their energies and efforts to achieve that greatness; we envy them not; but, in the name of humanity, let them not come to our country to augment her evils, to increase the divisions between her

people, and lead them to their ruin. Let America and her sons rejoice in her great power, but let them not seek to disturb the peace of other kingdoms.

"Illa se jactet in aula

Eolus et clauso ventorum carcere regnat."

Gentlemen, I conclude. I know that you would give to any case your diligent, your patient, and your conscientious attention. To this case you will give especial care and attention, because the prisoner is undefended by counsel. Once more, gentlemen, I repeat, acquit him in the name of justice if you have a reasonable doubt of his guilt; but if you have none, then your verdict, as a matter of course, will be a verdict of guilty!

[Page of report No. 32.]

THURSDAY, October 31, 1867.

The court sat at 10 o'clock a. m., this day, and resumed the trial of John Warren. The jury having answered to their names, the following evidence was given on behalf of the prosecution:

DANIEL BUCKLEY, examined by the SOLICITOR GENERAL:

Buckley, where were you born?--In Ireland, sir.

What age are you?-About 25, as far as I know.

Where in Ireland were you born?-I believe in Munster.

Shortly after your birth were you taken to America, or did your parents emigrate to America shortly after your birth?-I suppose so; I have no distinct recollection of the country.

But do you remember when a child being in America?—Yes, when I was not very old, at least.

What part of America did you live in?-New York.

Did you enlist in any of the military services when you were there?-During the last war I did, sir.

Was it in the northern or confederate army?—The northern.

And about how long ago is that?-In 1861, I think.

How long did you serve in the regiment you first enlisted in?-I served somewhat about two years in that regiment.

And did you then remove to another?-Yes.

Did you serve through the whole of the American war?-I served from the first battle.

Until when?-Until its close.

And when did you leave the service-what month, do you remember?-In August, 1865.

Did you become a member of the Fenian organization at any time when you were in America, since leaving the army?—I connected myself for a time with the Fenian organization.

Did you take any pledge when you joined it?—Yes.

And what was the pledge that you took?-Simply I pledged my word and honor. To do what?-Not to divulge the objects for which the organization was founded.

The CHIEF BARON. You said you pledged your word and honor not to divulge what?-The objects for which the organization was founded.

The SOLICITOR GENERAL. What were those objects, as communicated to you?—For revolutionary purposes.

In connection with any country was it?

The CHIEF BARON. Let him state what the objects were.

The SOLICITOR GENERAL. What were the objects-what revolutionary purposes?— To revolutionize Ireland, sir.

sir.

In what way?-By giving Ireland a republic.

Page of report No. 33.]

The CHIEF BARON. Making Ireland a republic?—Yes.

The SOLICITOR GENERAL. Did you pay any subscription when you so joined ?—I did,

For how long, and what amount ?-I paid ten cents a week for somewhat less than a year-rot more than a year.

Was it in New York you took that pledge and joined that society?—Yes, sir.

Did you join any expedition last year in connection with that society?-Last year, yes.

And what was that expedition?--I did not know the object of the expedition. I went merely to the State of Maine.

Was it with other members of the society?—Yes.

The CHIEF BARON. You went to the State of Maine with whom?-With others connected with the Fenian Brotherhood.

The SOLICITOR GENERAL. Did you yourself do anything in Maine, or the members who were with you?-No, sir.