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. 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. I found 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. 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. 7 DC • 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 Augustus 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. Did you take an oath ?—I did. What was the nature of that oath?-To establish an Irish republic in Ireland. 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. The ATTORNEY GENERAL. Were there any offices in the confederation held by Fenians-Yes. What were the offices; mention some of them?—The leading man in America was John O'Mahony. What ranks did they hold?-Captains and colonels. Were there centers?—Yes. What else was there?-Sub-centers, and State centers. Anything else?—Well, I couldn't say. There were centers, and State centers. and delegates. State center was the highest position held in the State. How long did you remain in the federal army?-Until 1855. Was that at the time the American armies were disbanded?—Yes. Where were you at that time; what part of America were you in?-New York. During the time you were in New York, did you attend any Fenian meetings?-Several. Where in New York did you attend these meetings?-At headquarters, and at 814 Broadway. The CHIEF BARON. Where were the headquarters?—At one time in Chatham street, at another time in Duane street, and latterly in Union square. The ATTORNEY GENERAL. At the time they were in Duane street, who were the principal members of the Fenian confederacy -John O'Mahony was the leading man in America, and James Stephens in Ireland. Did you meet O'Mahony at Duane street?-Yes. Do you remember the month of August, 1835?—I do. Did O'Mahony send you anywhere in that month ?-He sent me to Ireland. The CHIEF BARON. Were you sent by O'Mahony?—I was. The ATTORNEY GENERAL. To whom did O'Mahony send you?—To James Stephens. Did you go to Ireland ?—I did. To Dublin?-Yes. [Page of report No. 81.] Did you attend any Fenian meetings in Dublin when you arrived here?—I did. I met James Stephens, Brophy. Kickham, and Luby, and several more there. Did you meet a Fenian of the name of Colonel Kelly in Dublin?-Frequently. What was his Christian name?-Thomas. Did you get any orders in Dublin from Colonel Thomas Kelly?—I did. What were these orders?-On the 19th November I received orders, I would say dispatches, from him to O'Mahony, in New York. To take to New York ?—Yes. Did you take these dispatches to New York to O'Mahony?—I did. Were you then sent back to Ireland from New York?—I was. The CHIEF BARON. By whom?-By O'Mahony. The ATTORNEY GENERAL. Where was Stephens when you left Ireland?-He was in jail. Did you hear anything at Fenian meetings about Stephens after you returned to America ?-I did. What did you hear?—I heard he was out of jail. The CHIEF BARON. You heard it at a Fenian meeting, you say?-Yes, my lord. The ATTORNEY GENERAL. What were you sent back to Ireland for, and who sent you back?-O'Mahony sent me back, with dispatches. For whom were these dispatches?—For Stephens, or Colonel Kelly if I could not see Stephens. To whom did you deliver these dispatches?-To Colonel Kelly. Did you then get any dispatches from Colonel Kelly?—I did; the night after I arrived I received dispatches from Colonel Kelly to proceed back to New York. The CHIEF BARON. And you went off again to America ?—Yes, my lord. With the dispatches ?-Yes, my lord. The ATTORNEY GENERAL. I believe you returned afterwards to Ireland before September, 1856-I did. Were you employed by the government in September, 1866?—I was. To give information with regard to the Fenian conspiracy?—Yes. Where were you in September, 1866?-Liverpool. Did you attend any Fenian meetings in Liverpool?-Several. How long did you remain in Liverpool?-Until February, 1867. What time in the month was it?-Some time about the 17th, I think. Did you get any orders from the Fenian leaders in Liverpool as to your movements in February, 1867 ?—Yes. What were these orders?—We were to come from England to Ireland to be ready for a fight. [Page of report No. 82.] The CHIEF BARON. From whom did you receive these orders?-From the acting leader then in Liverpool, whose name was Beecher, the deputy of Colonel Kelly. The orders were to come to Ireland?—Yes, and to remain there until we would receive other orders. The ATTORNEY GENERAL. And did you come to Ireland?—I did. The CHIEF BARON. When was that?-About the middle of February, 1867. The ATTORNEY GENERAL. Under whose orders were you placed in Ireland?-Myself, and all the other Americans were lodging in different parts of Dublin. Under whose orders were you placed?-Colonel Kelly, McCafferty, and others, and all the leading men. Was McCafferty in Dublin then?-He was not at that time; and he was arrested a few days after I came. That was about the 24th of February, I believe?-I am not sure. Did you get orders after you came to Ireland from any person here?—A week before the rising. From whom did you get the orders?-From Godfrey Massey and Edward Duffy. What were the orders you got from them?-They ordered me to go to Millstreet, in the county of Cork, and see the center of that town. What was his name?-Kearney; and he would see that I would get to Kearney to Colonel O'Connor. And when you saw him what was to be done?-I was to tell him of the rising that would take place on the 5th March. What was to be done when the rising would take place?-My instructions were to take part with O'Connor in the rising. What plan was to be adopted?—A concentration of the forces, to tear up the rails and break banks. Where was it arranged that this rising should take place?-In London. Where in Ireland was it to take place?—In three provinces-Leinster, Connaught, and Munster. You said that Colonel Thomas Kelly was to have commanded?-He was the leading man. Did you know another Colonel Kelly in America?-I did; Colonel James Kelly. The CHIEF BARON. What rank was he?-Lieutenant colonel. Was he lieutenant colonel in the army?-Yes, in the Irish brigade. Did you know him yourself personally?—I did, my lord. The ATTORNEY GENERAL. Did he hold any rank in the Fenian conspiracy?—He did. He was colonel; he was a member of the examining board; he was president of the examining board. What do you mean by the examining board?-Five or six military men examining young fellows to see if they were competent to come over here. Do you know the prisoner?—I do. How long have you known him?-Since 1861. [Page of report No. 83.] What is his name?-John Warren. Where did you first meet him ?--In New York. What was he when you first met him?-He was recruiting for his company as captain. The CHIEF BARON. In the American army?—Yes, my lord. The ATTORNEY GENERAL. Was he a captain ?-He afterwards was. Did he continue a captain in the American army?—Yes; for about a year and a half, or perhaps a little better. At the end of the year and a half what happened?-He was discharged the service. The CHIEF BARON. Discharged?-Yes, my lord. What time was that?-About September. The ATTORNEY GENERAL. 1862 or 1863 ?-1862. Did you know the prisoner to be a Fenian?-Yes, I did. The CHIEF BARON. When first?-In 1862. The ATTORNEY GENERAL. When he was in the American army?—Yes. The PRISONER. I protest, my lord, against the introduction of matter connected with my conduct in the American army. The CHIEF BARON. I cannot, in point of law, reject the evidence of the circumstances under which you were at the time, or about the time, you were alleged to be a member of the Fenian confederacy. The PRISONER. I wish you would then ask him what was my character as a soldier and a gentleman in the American army. The ATTORNEY GENERAL. What was the prisoner's conduct as a soldier and a gentleman in the American army?-Very good. Had he any Fenian employment in the American army?—No. After he left the army did he acquire any position in the Fenian organization?-Yes What was that position ?—That of State center in the State of Massachusetts. In what year did he hold that office ?-In 1863. Did you see him in New York in 1865 ?—I did. |