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Have you been long a pilot?--I have been a pilot for 25 years.
Where were you in May last?-I was at home.

[Page of report No. 50.]

Do you recollect one night in May last seeing a brigantine?--I do.

Where did you see her?--I seen her coming to Sligo bay.

What o'clock was it when you saw her?—I suppose it was about 6 o'clock.
Was it in the morning or the evening?-It was in the evening.

Where were you at the time you saw her?—I was on my lookout.

On shore?-Ön shore.

What did you do when you saw her?-Well, I went home.

Did you go on board her?-Not on that evening.

Up to what hour did you see her?-Up to about 6 o'clock.

Not later?-No.

When did you see her again?-I saw her next morning, about 8 o'clock in the morning.

What day of the week was that, do you recollect?-It was on a Friday.

Where was she at that time?-She was reaching out from Sligo bay, coming across to our land, with the wind to the eastward.

What do you call your land?-The Donegal side, the northern land.

Was she near the shore at that time?-I suppose she was about a half mile across the bay.

The CHIEF BARON. How far from the shore was she?-When we first saw her she was within four miles off the Connaught coast, as we call it; she had to tack for our land with the wind to the eastward, and the time we boarded her she was about six miles off our land.

Sergeant BARRY. When you saw her the last time, did you board her?--Yes.

In a boat, was it?-Yes; in a small fishing-boat, less than two tons.

The CHIEF BARON. Where were you when you saw her the second time?-We saw her when we were on the lookout.

Were you on the land?-On land.

But on the lookout?-On the lookout.

What time was that?-As near as I can guess, it was about 12 o'clock in the after

noon.

Sergeant BARRY. Who went with you on board her?--I had six men along with me; five men and a boy.

Who were they?-James Browne, John Byrne, Patrick McGehan, Patrick Gallagher, Patrick Byrne, and John Haughey.

The CHIEF BARON. Was that all?—Yes; that's six.

Sergeant BARRY. You say this was about 12 o'clock when you boarded her ?—It was, as near as I can go to it.

Where was the vessel when you boarded her?-She was about seven miles from land; she was then between Ennisduff and Innismurry island, in Donegal bay.

When you came alongside of her, what happened?-When I came alongside, between [Page of report No 51.]

the two masts, I went on board the vessel and walked to the quarter-deck. The man in charge was on the quarter-deck, and I asked him where he was from and where he was bound for. He told me he was from Spain, and bound for Glasgow, with a light cargo of fruit. He told me he landed his captain on Thursday evening, for provisions for the ship, in Sligo bay. He asked me was I pilot; I told him I was. He asked me what I would charge for going across the bay with him to get his captain on Friday evening at 6 o'clock. I told him two guineas. He agreed for the two guineas, and he gave me charge of the vessel.

Did you then take charge of the vessel?—Yes; I went as the pilot of her then. After that, when we had settled everything about the pilotage, he went down into the cabin and called myself down. I didn't know whether he was the captain or mate. The CHIEF BARON. But he called you down?—He called me down.

Into the cabin ?—Yes.

Sergeant BARRY. What occurred then?-When I went down there were some men in the cabin; they asked me if I was a Fenian.

How many men were in the cabin?--I am on my oath, and I can't say how many men there were; there were more than these two men.

Turn round now, and see if you see any one here who was present on that occasion?— Yes; this man (pointing to the prisoner) was.

Did you know his name then ?—No.

Did you afterwards know his name when you were in the vessel ?—No.

But that man was there?-He was in the cabin.

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 liave 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

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