What was he?-A pilot.

Do you happen to know his name?—I do, sir; it was Gallagher.

Did he come out to the vessel, or did you pick him up?-He came out; he seemed to be following us from early morning. He followed the ship from early morning until some time before 12 o'clock, when we took him up.

How far from the shore was the ship then?-Some two miles; not further.

You were quite in sight of land, I suppose?-O, yes.

Besides the pilot Gallagher, did any other person come on board?-Within the Bay of Sligo a person did come on board.

The CHIEF BARON. Was it in the Bay of Sligo Gallagher came on board ?—I should think not. I have no information otherwise of it, but I think it was in the Bay of Donegal he came on board.

But in the Bay of Sligo another person did come on board?—Yes.

The SOLICITOR GENERAL. Who received that other person when he came on board?— Captain John A. Kavanagh.

Where did that person go when he came on board?-He went on the quarter-deck for a few seconds with Kavanagh, and then went down to the cabin.

Who went down to the cabin with him?-I saw no one but Kavanagh go down with him; but the colonels were already in the cabin before him.

The officers of inferior rank-were they in the cabin?-No, sir.

Were you there?—No, sir.

Do you happen to know what that person's name was who so came on board and [Page of report No. 42.]

went down into the cabin with Kavanagh?—I heard his name was Burke.

The CHIEF BARON. From whom did you hear that?-From a man named Costello. The SOLICITOR GENERAL. Was that "Captain" Costello?-Yes, sir.

How long did that person remain on board?—Not longer than an hour, I should think. About what hour of the day or evening, do you remember, did Burke come on board?— After dusk at night.

The CHIEF BARON. Was that the night of the day on which the pilot came on board?— 'I think it was.

The SOLICITOR GENERAL. You say he remained on board about an hour?—Yes.
Did he go on shore?—Yes.

Did any of the party go with him?-Yes; three colonels.

Do you know their names?-Colonel Devan, Colonel Phelan, and Colonel Prendergast. About how far was the vessel from land when that party went on shore?-The vessel was very close to the land.

She was inside the bay?—Yes.

Had any of the party landed before this time that Burke, with Prendergast and the other two colonels, went on shore?—Yes; two of them.

On what day?-On the same day.

Who were they?-Colonel Doherty and a man named Shea.

The CHIEF BARON. Where did they go?-They went to Sligo very early in the evening. Was that the same day the pilot came on board?—Yes.

The SOLICITOR GENERAL. How long after those two men that you speak of, who left early in the evening, had landed, did Burke come on board?-About an hour and a half. Was Gallagher, the pilot, taken down to the cabin at any time during that day?— Immediately on coming on board the vessel he was.

By whom?-By John A. Kavanagh.

Did you hear anything said to Gallagher?—I did.

By whom?-By Kavanagh.

The CHIEF BARON. Did you go down with him?—No, sir.

The SOLICITOR GENERAL. How far were you off when you heard this?-A little over three feet.

Where was it said?-Between decks.

What was it you heard?—I had better first state how I heard it. There was a door communicating with the cabin from that part of the vessel in which I was, and at this door I was standing when this man, Gallagher, went into the cabin with Kavanagh. The CHIEF BARON. Was the cabin between decks?-Part of the cabin was raised higher than the deck.

Was the door at which you were standing on a level with the cabin floor?—Yes. The SOLICITOR GENERAL. Were any of the officers in the cabin at that time; and if so, tell me who?-The colonels were in the cabin.

Was the prisoner there?-Yes.

Was Nagle there?—Yes.

[Page of report No. 43.]

The CHIEF BARON. Did you see the prisoner there?-He could not help but be there; he was nowhere else in the ship.

But did you see them there?—I heard them conversing there; I did not see them

there.

The SOLICITOR GENERAL. What did you hear said to the pilot?-I heard only part of the conversation between the pilot and Kavanagh.

State what that was.-It was in excuse for not taking a Fenian oath.

An excuse by whom?-By Gallagher, the pilot.

What was the excuse?-That he was too old; that was all I could gather. I afterwards heard the pilot take the oath.

The CHIEF BARON. Was he still in the cabin when he took the oath ?-Yes; it was administered to him by Colonel Nagle.

The SOLICITOR GENERAL. Can you state what the oath was that you heard the pilot take?-That he would not divulge what the cargo consisted of.

sir.

Did the pilot afterwards come on deck?-Shortly after.

Did you hear anything else said, either in the cabin or out of it ?-No.

Did the two men, Doherty and Shea, who went on shore, come back on board?—No,

They did not return?—No, sir.

Did Colonel Prendergast and the others who went on shore with the man whom you call Burke return?—No, sir.

Do you remember anything happening about discharging a pistol at any time?—I do, sir; it went off accidentally.

When was it?-It happened on the same day the Fenian agent, Burke, came on board. In whose hands was the pistol that so went off?-In mine.

What were you doing with it?-I was cleaning it.

Where were you at the time?-In the ship's hold.

How did it go off?-It went off accidentally.

Was it loaded?-It was.

Was any one hurt?-Yes, two men were hurt; one was a man named Coffey, otherwise Nolan; the other man's name was John Connor.

Were the men much hurt?-One of them was very badly hurt.

Which of the two was that?-John Connor.

Has Connor any other name?—I don't know him by any other name.

Whereabouts was he wounded?-In the ankle.

Where was Nolan hit?-Somewhere in the fleshy part of the leg, near the knee.

Were those men afterwards put on shore?-Yes.

Did any of the party go with them?-Yes; a man named Nugent went with them. Was he the same Nugent you already spoke of when giving the list of names?-No, sir; this was Patrick Nugent.

[Page of report No. 44.]

Didn't you mention Patrick Nugent as one of the men of inferior rank?—No, sir; I mentioned Colonel Nugent-a different person.

The CHIEF BARON. What was Patrick Nugent?--I don't know that he had any rank. The SOLICITOR GENERAL. Did any one else go ashore with the wounded men?-The pilot, Gallagher, left in the same boat with the three men.

During the night?—Yes.

During this time that you were in Sligo bay were you close to shore at any time?— Very close; at one time I could almost throw a stone from the ship to land.

About how far from the shore were you when the boat left the ship to take the wounded men on shore?--I could not say the exact distance.

It was night, I suppose?-It was.

Did anything occur next day?-A council was held.

Where was it held-was it on deck?—No; in the cabin.

Were you present?-I was.

The CHIEF BARON. Was this still while you were in Sligo bay?—I don't know exactly whether it was in the bay. I don't know how large the bay is.

The SOLICITOR GENERAL. Were you in sight of land at the time?—Yes.

Were all the officers present at the council, according to your recollection?—Yes.
Was the vessel under sail or stationary at the time?-She was under sail, sir.
Was anything communicated-and if so, by whom-to that council?—Yes; by Gen-
eral Kerrigan.

What was communicated?-The information derived from the agent, Burke.
What did he tell you?-He told us that it was impossible, or rather that it would be
foolish, to attack the town of Sligo.

Anything more?—That the Fenian Brotherhood was quiet, but firm; that they had been put down lately.

Anything further?-I should state, with reference to the statement that it was useless to attack the town of Sligo, that that had been determined on previous to the agent coming on board.

What had you determined on before the agent came on board?-To attack the town of Sligo.

Was it at a council that was determined?—Yes.

Was Warren, the prisoner, present at that?—Yes.

You say that General Kerrigan told you you could not take the town of Sligo?—Yes; that Burke had told him so.

Was anything said as to what you had to do?-Nothing more than that the agent had ordered Captain Kavanagh to sail for Cork.

Was the prisoner Warren present at that council?—Yes.

Did the vessel set sail then?-She did, sir.

[Page of report No. 45.]

The CHIEF BARON. When was the council held at which it was determined to attack the town of Sligo?-It was held before the agent came on board.

When-how long before?—I could not tell the exact time.

Was it on the same day?-It was held in the absence of any information.

I know. But how long was it before the Fenian agent came on board? Was it the same day, the day before, or a week before?-No; it was on the same day.

Where were you at that time? I should think in Sligo bay, somewhere.

The SOLICITOR GENERAL. Was the pilot on board at that time?-I do not know whether he was or not; I could not say for certain.

The CHIEF BARON. What part of the vessel was that council held in?-In the cabin. Who were at it?-All the officers were at it, sir.

Any one else?-None, sir.

The SOLICITOR GENERAL. You put to sea, you say, in consequence of the determination of the council on the information given by Burke. Do you remember on what day afterwards you came in sight of land again?-I do not remember.

Do you know what part of the coast you first sighted?-I was told we remained all day becalmed not far from a place called Baltimore, in the county of Cork.

Was there a council held on that day?—No, sir; but there was before arriving.
Were you present at that council yourself?-Yes.

Who besides you were present?-All, except the crew and General Kerrigan and Col

onel Warren.

Where were Kerrigan and Warren? Why were they not at it?—They did not acquiesce in the summoning of any such conference.

Was the result of that council afterwards communicated to Warren?-It was, sir. What was determined at that council?-To put the ship in the directon of the Western islands-I think the Azores. I do not know exactly what is referred to as the Western islands; to put the ship in that direction so as to provision her, and then to return to New York.

Do you happen to know what amount of provisions you had on board at the time that council was held?-Yes.

Were the provisions short, or were they abundant?-They were short.

The CHIEF BARON. How do you know that?-By the second officer communicating the fact to the council after an investigation made by him.

Do you mean the mate?-Yes.

Was the captain present ?-You mean Captain Kavanagh? He was not; he had nothing to do with it.

The SOLICITOR GENERAL. Were there any notes of the proceedings of the council taken at the time, in your presence?-There were.

By whom?-Colonel Nagle was one of those who took them.

Did you see Colonel Nagle taking notes?—I did.

[Page of report No. 46.]

The CHIEF BARON. Were notes taken by any one else?—Yes, by Captain Costello. Did any one else take them?—I did myself.

The SOLICITOR GENERAL. What did you do with the notes you took?—I threw them all away.

Before you came on shore?—Yes.

Was there any division at that council, or was it unanimous; was a vote taken?Yes.

What question was put?-That as the object for which the expedition had been taken up was a failure, it would be better to return to New York and to lay before the Irish there the experience they had gained, rather than run the risk of landing in Ireland in their straitened condition.

Did they say what was to be done in the United States when they went there?—Yes; they were to lay before the Irish the experience they had gained during their connection with the expedition. To this Captain Kavanagh agreed.

The CHIEF BARON. I thought you said he was not present?-He agreed to abide by the decision of the council.

The SOLICITOR GENERAL. Do you mean that that was the resolution which was come to by the council?—Yes.

And was that resolution communicated to Kavanagh?—It was, sir. I was the individual who communicated it to him.

Where did you communicate it to him?-On the forecastle. No; I beg to correct that statement. I should have said the after part of the vessel, not the forecastle.

The SOLICITOR GENERAL. Was Kavanagh satisfied with that resolution; was he willing to abide by it?—Yes, sir, he was at first. After the vote was taken it was decided, by 22 for to 10 against, that they should return to the United States.

Was that vote of the council taken in the cabin before Kavanagh was informed of the result-Not in the cabin; it was taken on the quarter-deck.

Was he present?-He had nothing to do with it.

But was he present?-He was present on board the ship.

The CHIEF BARON. I thought you said the council took place in the cabin?—This council? I beg your lordship's pardon, I did not.

The SOLICITOR GENERAL. The council at which it was determined to give up the expedition and go back to America, and lay the experience they had gained before the Irish people; did it take place on deck?-It took place on the after part of the vessel. That is what you call the quarter-deck?—Yes.

Was that the vote you communicated to Kavanagh?—Yes.

Was that resolution carried out, or was it changed?-It was changed.

How?-Immediately on my presenting Kavanagh with the document exonerating him from blame or connection with that council which had been gotten up for the purpose of changing the orders received by him in New York, he turned round and asked if they would not land anywhere he could land. It was then agreed that they would land anywhere he chose.

The CHIEF BARON. Was anybody else with Kavanagh when he said that?—Yes, sir; all were present on the quarter-deck.

[Page of report No. 47.]

Were all present when you communicated to him the result, and when he made that proposition which they agreed to?—Yes.

The SOLICITOR GENERAL. I understood you to say that Nagle and Warren did not attend that council which came to the resolution you have mentioned?—Yes. But that the result was afterwards communicated to them?-Yes.

Was that at the same time?—Yes; at the same time.

Where was it communicated to them?-Nagle remained in the cabin, and it was communicated to him there. Colonel Warren came up, and he was informed of it on deck. You say the colonels were present at that council?-All the party were present except General Kerrigan and Colonel Warren.

Where were they at the time the council was proceeding?-They were in the cabin. Where were they at the time the communication was made to Kavanagh?-Kerrigan was in the cabin; Warren was on deck, and so were all the others.

And was the first intimation Warren got of the decision the council had arrived at, what you communicated in his hearing to Kavanagh?—No, sir; had communicated with him previous to the council sitting.

Communicated what?-That such a thing would take place.

When you first communicated to Warren as to what would be likely to occur at the council, did Warren agree or dissent?—He dissented.

When you subsequently communicated to Kavanagh, in his presence, the result of the council, did he still dissent or agree?-He assented after the council was held, and when the decision was presented to him for his signature.

Was the decision drawn up in writing?—Yes, and Warren signed it.

The CHIEF BARON. Then he assented to what the council had determined?—Yes. The SOLICITOR GENERAL. You said something about the prisoner's signing a document?—Yes; the resolution come to at the council. I presented it to him myself for his signature.

Did he sign it?-Yes, sir.

What became of it?-It is in the possession of Captain John F. Kavanagh, of New York.

The CHIEF BARON. Was it before you communicated the result to Kavanagh you presented the document for signature to Warren?—I communicated it at the same time to Kavanagh that I did to Warren, both being present at the time.

And in Kavanagh's presence you asked Warren to sign it?-And he did so.

Was it before or after you had obtained the signature of Warren that Kavanagh proposed you should give up the resolution?-Afterwards.

Did you, in fact, land upon the Irish coast afterwards?—Yes.

[Page of report No. 48.]

What part did Warren take, or did he take any part, about that proposal of Kavanagh-He was very well satisfied with it, sir.

To rescind the resolution he had previously signed?—Yes.

The SOLICITOR GENERAL. Did you, in point of fact, land in Ireland?—Yes.

How long after Kavanagh induced you to change the resolution did you see land?— Two or three days after.

Did you cruise about?-We did not do a great deal of sailing, because there was one day calm, or the greater part of it was calm.

Do you know on what part of the coast you did land?-At the time I did not, sir. Can you tell me how you landed?-We landed in a fishing-boat.

The CHIEF BARON. Do you now know on what part of the coast you landed?—Yes, sir; very nigh to Dungarvan.

Do you know what day of the month it was?-Yes; the 1st of June.

The SOLICITOR GENERAL. Can you tell me about what hour of the day it was you landed?-Some time in the forenoon, sir.

How many men landed with you?-Some thirty odd people.

Was it all in the same fishing smack?-All in the same fishing smack, sir.

About how many of a crew were there in the smack when she came alongside ?—I could not tell how many.

Did you see more than one man ?-O, yes, sir; there were several men.

How far from the shore was it you got on board the smack?-Some three or four

miles.

Did the smack land at any harbor, did she beach herself, or how did you get on shore?-She beached herself.

Were there houses near where you landed?—Yes; there were houses right opposite to where we landed.

How did you get out?-We jumped out into the water.

About how deep was the water?—It was over me when I got out, I being the last man. I was the last that got out.

When the other men got out how deep was it?-With some of them it was beyond their hips.

Do you know how you came to be last, or was it accidental?-It was accidental. What did you do when you landed?-I simply walked along the road.

Was Warren with you when you were walking, or did he go any other way?-No, sir, he was not with me.

Did you observe did he go away with any one?-I did not see him after landing. With whom did you go?-With a man named Costello.

Were there any other persons, whose names you can tell me, of your party?—The only other man with me was James Lawless.

What happened to you after you landed?—About two hours after being on shore I was arrested.

By whom?-By a policeman. There were two magistrates present at the time. [Page of report No. 49.]

Do you mean present on the road?—Yes; they were in a vehicle, a car.

Turn round and tell me if you see either of these gentlemen?-I recognize one of them, Mr. Redmond; the other gentleman was Mr. Fitzgerald, I think.

What did the magistrates do; were you taken into custody?—I was immediately handcuffed and taken to a place called Kiely's Cross barracks, I think. And eventually where were you brought ?—To Mount Joy prison. Before that were you taken anywhere?-Yes, to Dungarvan.

Was this Costello who was the captain in the expedition the same Costello you mentioned at the beginning as having introduced you to James E. Kelly?—No, sir; a different person.

[The solicitor general here requested that five other prisoners, who were in custody, should be placed at the bar for the purpose of being identified. The prisoners, Patrick Nugent, James Coffey alias Nolan, Colonel Nagle, Captain Costello, and Lieutenant Fitz Gibbon, were accordingly placed at the bar.]

Do you see those five men?--I do, sir.

Do you know them?-I do, sir.

Name them. [A wand was then handed to witness, with which he pointed out each individual.]-This is Colonel Nagle, Captain Costello, Lieutenant Fitz Gibbon, Patrick Nugent, James Coffey alias Nolan; the first man here (indicating the prisoner on trial) is Colonel Warren.

The CHIEF BARON. Is that Patrick Nugent the same person who came on shore with the wounded people?-Yes, sir.

The SOLICITOR GENERAL. As to the other persons who landed, have you since seen them all in prison ?-Not all of them.

How many of them did you see?-All but five.

The SOLICITOR GENERAL. I have no further questions to ask this witness.

The CHIEF BARON. I wish to ask the witness some questions, but perhaps it will be better to postpone doing so until some of the other evidence has been given.

The SOLICITOR GENERAL. Very well, my lord.

The CHIEF BARON. Prisoner, do you wish to put any questions to the witness?
PRISONER. I do not recognize the jurisdiction of this court at all.

The CHIEF BARON. Do you suggest to me any question to ask for you?
PRISONER. No, sir.