with the resources of the district. A center is the head of an organization, corresponding, you may say, with a county. I brought some money with me from America-£550 sterling in gold, which I had received from Colonel Kelly. Before Burke left I gave him from £15 to £20, and I gave sums, varying from £15 to £30, to all the officers in London. At that time I did not know which was to be the night for the rising; it was not fixed before Burke left London. After he left, I was at a meeting at Kelly's private residence. That was on Sunday, the 10th of February; Kelly was there, and also three delegates from Ireland, viz, Mahoney, of Cork, Burn, of Dublin, and Arbinson, of Belfast, who constituted themselves into a directory to control the management of civil affairs in Ireland.

Being asked if he had any conversation with Burke before the latter left, the witness, with some irritation, demanded whether he was bound to state the purport of a private conversation.

Sir Thomas Henry said he certainly was; he had no privilege to suppress any portion of a conversation.

WITNESS. If I have no privilege, I shall claim it as a right.

Sir THOMAS HENRY. You have no such right; you are sworn to tell the whole truth, and you must tell the whole.

WITNESS. Then you will have to question it out of me.

Dr. KENEALY. That must be taken down.

Sir THOMAS HENRY. Of course; it is being taken down.

At Dr. Kenealy's request it was read over by Mr. Humphreys, the second clerk.
Dr. Kenealy said he thought the witness used the word "extorted."

WITNESS. I said "questioned," but I meant it in that sense.

From this point the witness answered all general questions with such curtness as to afford no intelligible information, and declined to remember anything that was not put to him specifically. On the other hand, all specific questions were objected to by Dr. Kenealy, who objected to Mr. Poland leading the witness. In each instance Sir Thomas Henry overruled the objection, saying that if the witness was hostile leading questions must be put. Upon this Dr. Kenealy said he did not believe that the witness was really hostile, for he must have given the information to the attorney for the prosecution, and by the course he was adopting every point of that glib statement was being put to him cut and dried, and he had only to say "yes" and "no." The witness indignantly denied that he had given the information to the solicitor to the prosecution, and declared that he did not know how they obtained it, but he was not accountable for it.

Sir Thomas Henry said the witness would be obliged to tell the whole truth at last, and he had much better give his evidence frankly, and not subject counsel to so much trouble and annoyance.

The witness did not see that. He thought it was much better that he should be questioned.

The examination proceeded for some time at a very slow rate, discussions on these points being renewed at almost every question. By this tedious process the following evidence was extracted from him: "In a conversation in London Burke told me that he had been in Birmingham in the Fenian business, purchasing arms, (rifles it is understood,) which had been shipped to Ireland. I do not remember that he said anything about caps or powder. He said that some of them were seized, I am not sure where, but I think he said at Queenstown. He said that he went by the name of C. E. Windsor. I do not know what the initials stood for."

At this point the discussion being renewed, Sir Thomas Henry again recommended the witness to save further trouble by stating the whole truth. It was useless to give so much trouble when he knew he must answer at last, and he was only wasting time. WITNESS. Then if I do I must go through it from the beginning. Captain Burke said he had been to Birmingham and had purchased arms for the Fenians. He mentioned that he had obtained credit for £900. I cannot think for what time he said he had the credit. I think he did name the time, but I cannot think well enough to swear to it. I saw Fariola in London, at the lodgings of Cluseret, and also in Bedford square and Great Portland street. I think it was No. 5 in the square and 137 in Portland road. I do not recollect seeing Fariola at Kelly's, but I think he had called there. Fariola was chief of the staff to Cluseret. He was usually addressed as General Fariola. I last saw him at the court-house in Dublin during the trial of General Halpin. When I left London, in February, I went to Dublin, having been appointed commander-in-chief there. That appointment took place at the residence of General Cluseret, at which I was not present, but was informed of it by Kelly. Two delegates and General Cluseret were there. It was a meeting of the directory. I went through the different sections in Ireland, except in the north. It was appointed that the rising was to take place at midnight on the 5th of March. That arrangement was made in London, at Kelly's quarters, by him, Kelly, and Halpin combined. Dr. Kenealy objected to this as hearsay testimony.

The witness, with some temper, declared that it was not hearsay, that he had it

direct from Kelly, and mutteringly added that the learned counsel "must have a very thick head."

Sir Thomas Henry advised the witness not to lose his temper while giving evidence. The witness continued. On the 4th of March I was at Cork, and went to Limerick junction to make preparations for the following night. I was arrested there at 12 o'clock at midnight, on the arrival of the up train from Cork. I never saw Burke in London, but after he left Macroom I had a letter from him in London. I have not got it now, and do not know what has become of it. It is not my custom to keep such letters. I think it was dated from Waterford. I could not give its purport. I am not sure whether it was signed Wallis or Winslow. It was directed "Mr. Cleburne, 7 Tavistock street." I only know one Tavistock street, that which is off Tottenham Court road. The witness here complained of fatigue, and by order of Sir Thomas Henry was accommodated with a seat.

Dr. Kenealy said he would reserve his cross-examination of this witness, but he should take this opportunity of asking what course Mr. Poland proposed to take with regard to Casey, who was only concerned in the minor charge.

Mr. Poland said he must admit that at present he was not prepared to carry the case further as against Casey; but from the result of inquiries which had been made by the police, he believed that if Casey were again remanded the case as against him might hereafter assume a more serious character.

Sir Thomas Henry said there was no doubt that Casey had assisted Burke in an attempt to escape.

Dr. Kenealy asked if Casey was to be included in the charge of treason-felony.

Sir Thomas Henry certainly inferred from the observations of Mr. Poland that it was not improbable.

Dr. Kenealy said that if so there ought to be some evidence to show a foundation for the charge.

Sir THOMAS HENRY. Not when counsel for the prosecution say that probably such evidence will be forthcoming hereafter.

Dr. KENEALY. But he is being kept in prison.

Sir THOMAS HENRY. He would be liable to some imprisonment for the assault. If there is no ground for the graver charge, I shall take his detention into account in dealing with the assault.

Dr. KENEALY. With that assurance from your worship I can have no further objec

tion.

Mr. Poland then called GEORGE KYLOCK. I am a percussion-cap and ammunition maker and general dealer in fire-arms, at 45 Little Hampton street, Birmingham. I carried on that business in December, 1865. I know the prisoner Burke, though not by that name. I first saw him at my office, I believe, December 23. He had been before, and spoken to my assistant about a purchase of things which he had in stock. He mentioned to me that he had agreed with her for the purchase of a quantity of percussion caps. He saw me to settle the price, as the girl could not complete the transaction without me. He gave the name of Edward C. Winslow. He was stopping at the King's Head. At the time, or shortly afterwards, he had a place at 64 George street. He did not tell me who he was, except that he represented a mercantile firm. At other times he mentioned that there were three in the firm. The first lot I supplied him with were 250,000 small percussion caps, and 40 of Lemaitre and Girard's ten-shooter revolvers. There were also cases for the percussion caps. The cost of that first lot was £355 78. 6d. The military percussion caps were in 20 cases, lying at the station to my order. When he paid me the money I gave him the order to receive them. He paid me the money on the spot. The order was in the form of a letter to Crowley & Co., the agents of the railway company. The 40 revolvers were delivered to his man Mallidy. I have his receipt here. I think he said he wanted a lot of revolvers. I said I could get them. I bought a lot from different makers, and he examined them at my office. He did not say what number he should want; I understood it would depend upon the price and quality; I understood a few hundreds, as many as could be got at a certain price and quality. You cannot get an unlimited number. I went with him more than ence to Mr. Hill, a pistol maker, very soon after I first saw him-possibly the same day. We went to see what he had in stock. Winslow looked at a good many lots. I think Eis object in going was to point out to me the articles suitable for his trade. I made the purchases from Hill. I do not think Winslow bought anything direct from him. I bave furnished to Mr. Pollard, of the treasury solicitor's office, a list of all the goods supplied by me to the prisoner. From first to last-that is, between the 23d of December, 1865, and the 13th of January, 1866-I sold him 657 revolvers. The gross price of the goods supplied was £1,972 odd, which was all paid but £18. That was for some cases which were to have been returned, and, as he did not send them back, they were tharged to his account. All the goods were paid for. Besides the pistols there were some rifles, and also the implements that usually go with fire-arms-bullet moulds and the keys to lock and unlock the guns, if you regard them as separate articles from the guns. The payments were invariably made in cash; the money was paid when the

invoice was made out, with one exception. I had asked him to have a lot of rifles, and one day he came to me in a hurry and said he would take the lot, but I must give him credit till Saturday. I think this was on Thursday. At first I demurred to this, but we had become rather intimate since I first met him, and I had taken a liking to him from his agreeable manner. He is a particularly agreeable fellow; so, after some talk, I said I would run the risk, and let him have them. The price was 218. 6d. each, and they came to £698 18. 6d. The entry in my book is dated the 28th of December. I think that is the correct day. There were other goods ordered the same day, but they were paid for at the time. He was to have come to my office to pay for them on the Saturday, but he did not come. On Sunday, feeling rather uneasy at having this £700 floating about, I rode into town and called upon him at the King's Head Hotel in Worcester street, where he was staying. He said he was very glad to see me to pay me the money. I said I was equally glad to see him. He paid me the money. The rifles were packed in cases of 20, and the revolvers were loose, without any cases at all. The revolvers were delivered at his place in George street, to his man Mallidy. The witness here perceiving that the prisoner Casey was watching him with a somewhat peculiar smile, or rather grin, on his countenance, exclaimed, “I believe that is Mallidy. Now I see him laugh, I believe it is the man.""

After a pause, during which the witness contemplated intently the no longer laughing face of Casey amidst the most profound silence,

Dr. Kenealy said this was a most serious matter, and he hoped the witness would be

careful.

In answer to questions from Mr. Poland and Sir Thomas Henry, the witness added: I could not swear to him, as I took so little notice of him there. It is one of the men I saw at Winslow's, if it is not Mallidy, but I think it is he. There was an inscription over the door, "C. E. Winslow & Co., merchants and commission agents," I think. I am not quite sure about the "merchants." Winslow never told me he could make any composition. I have heard him speak about a sort of fire. When some stuff was seized at Liverpool I said "That must be the stuff that Winslow was always talking about," and that was the reason I first suspected that he was a Fenian. I don't recollect any conversations. I only remember his talking about it; not what he said. It was called "Greek fire." I think he said he knew how it was made. After he left Birmingham I received from him the two letters produced:

"JANUARY 29, 1866.

"DEAR SIR: I do deeply regret that I can't give you some orders. My messenger has returned from London and brought me no definite satisfaction. In short, I shall be compelled to go there and attend to matters personally. My health is improved, so that I think I may come straight soon. I am, however, positive on the subject of continued trade with you. Please present to Mrs. Kylock my best wishes for welfare of self and little Ellen, and receive the assurance of continued business activity, though postponed, and of personal friendship.

"E. C. WINSLOW."

"LONDON, February 5, 1866.

"DEAR SIR: I would have written ere this, but certain business here and in Glasgow kept me constantly occupied, added to which I may plead an illness of six weeks. I hope yourself, your lady, and little Ellen are quite well. Please present to Mrs. Kylock my most sincere wishes for welfare and happiness. I want a full quotation of prices embracing Enfields, Whitworths, carbines, pistols, revolvers, size and quality, and of all the accompanying materials, as I expect to do a fair business with you very soon, and want to be posted up. How is Hill? Has he ever got over that interesting difference of opinion which existed between you? I don't quite forget that pistol you promised me. By Jove! I must have that when I see you next. I am going down to Woolwich, and will be back in three or four days' time. I want you to write me by return of post. I will stop at the International Hotel, near the Southeastern Railway station, London bridge, and will expect to find a note from you when I return. Pardon haste. Kind regards to Ruberry.

"E. C. WINSLOW, "(The man of many apologies.')"

The witness also produced a pressed copy of a letter from himself to the prisoner, replying in equally friendly terms, and inclosing the required quotations. The Mr. Ruberry referred to was a private friend of witness.

Mr. WILLIAM JAMES HILL, of 9 St. Mary's row, Birminghan, gun and pistol maker, stated: At the end of 1865 Mr. Kylock came to my place with the prisoner, who said his name was Winslow, and asked what quantity of revolvers I had got, and what were the lowest prices. I told him the prices, and he asked if that would be the lowest if he took a large quantity, and what I considered a large order. I said 66 one or two

hundred." He replied, "I don't consider that a large order; I can give you a far larger order than that." He then asked what quantity I could supply by the following Wednesday. I told him, and he desired me to send them. He said he could take any quantity I could supply for eight or nine months. I said I could let him have 100 a week. The prisoner examined a portion of the stock. On Wednesday I sent the quantity agreed upon to Mr. Kylock's office. They were to be paid for by Mr. Kylock. I saw the prisoner a great many times, The quantities supplied by me to Mr. Kylock for the prisoner were: on the 27th of December, 135; on the 29th of December, 40; on the 4th of January, 49; and on the 7th of January, 23. I made a pistol for Mr. Kylock, for a gift, for which I charged him £5 10s. That was the cost price, or thereabout. I made a larger quantity of revolvers for the prisoner, but did not supply them, in consequence of a misunderstanding between me and Mr. Kylock. I did not know what Winslow wanted the arms for, but having heard him say something about the southern confederacy, I thought it was for that.

ELIZA LAMBERT, 7 Tavistock street, Bedford square, identified the prisoner Burke and the witness Massey as having lodged there in January or February, 1866, under the names of Wallis and Cleburne. Wallis (the prisoner Burke) left first. She could not tell the date. Had no rent book. Never kept one against them. They had the front room on the third floor, for which they paid 10s. a week rent. About a fortnight after they left, Inspector Clark, of the detective force, called upon her. Mr. Poland here applied for a further remand.

Dr. Kenealy hoped the prisoners would not be remanded from week to week. The prosecution had had one week already, and surely the case might be closed at the next examination.

Sir Thomas Henry said that after the evidence which had been given that day the prosecution could hardly be accused of wasting time.

Mr. Poland said the police were still engaged in inquiries, from which further results were being obtained, and he certainly could not pledge himself to complete the case

on the next occasion.

Dr. Kenealy hoped Casey would be admitted to bail.

Sir Thomas Henry could not consent to that after the recognition of Casey by Mr. Kylock.

Dr. KENEALY. But did you observe the manner in which that evidence was given? Sir THOMAS HENRY. I did, and do not take the view of it which you would suggest. Both prisoners were again remanded.

No. 2106.]

Mr. Seward to Mr. Adams.

DEPARTMENT OF STATE, Washington, December 9, 1867. SIR: Your dispatch of 22d of November, No. 1484, was duly received. It is an occasion for large satisfaction that in accordance with the instructions of this department you made a representation to her Majesty's government in behalf of the prisoner McCondon, otherwise known as Shore, and that he was reprieved. It appears that, on the most careful reflection which you could give to the matter, you came to the painful conclusion that to interpose in the same manner in behalf of the prisoner Gould would be to do more harm than good.

It is not difficult to understand the great embarrassment which surrounded that case. The crime was that of murder, and the conviction and sentence were in conformity with the municipal law. On the other hand, this offense against municipal law is very generally regarded by those who, within and without the British realm, are agitating for a change in Ireland, as an incident in a meritorious political movement. Similar conflicts of sentiment occur in every political disturbance.

The judgment of mankind is that in revolutionary movements which are carried on by large masses, and which appeal to popular sympathy, capital executions of individuals who fall within the power of the government are unwise and often unjust. Such severity, when practiced upon a citizen of a foreign state, excites a new sympathy by enlisting feelings of nationality and patriotism. The fellow-citizens at home of

the sufferer in a foreign country naturally incline to believe that the just and generous principle to which I have referred is violated in his case The soundness of this principle is quite easily understood after the revolutionary movement is ended, although it is difficult to accept the truth in the midst of revolutionary terror or violence. When the President of the United States dismissed the prosecutions in the United States courts of the so-called Fenians who attempted an unlawful and forbidden invasion of Canada, and returned them to their homes at the expense of the government, and at the same time obtained, through the wise counsels of Sir Frederick Bruce and the governor general of Canada, a mitigation of the capital punishments adjudged against those who were convicted in the Canadian courts, the President adopted proceedings which have practically assured the continuance of peace upon the Canadian border. It was believed here that similar clemency could be prac ticed in the Manchester case with benign results. Your dispatch leads us to believe that her Majesty's government was so thoroughly convinced of the necessity of pursuing a different course in that case that further interposition than that which you adopted would have been unavailing and injurious to citizens of the United States. Certainly it belonged to the British government to decide whether the principle which we invoked could be wisely applied in the Manchester case.

Under these circumstances it is necessary to acquiesce in the decision to which you arrived in the matter, after exercising a discretion which in no instance, during your long public service, has failed to command the approval and commendation of this government.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

CHARLES FRANCIS ADAMS, Esq., &c., &c., &c.

Mr. Adams to Mr. Seward.

No. 1492.]

LEGATION OF THE UNITED STATES,
London, December 11, 1867.

SIR: I have the honor to transmit a copy of the London Times of this morning, containing a communication from Mr. Vernon Harcourt, who is well known under the signature of Historicus, and also a leading article in the editorial columns on the subject of the law of expatriation. The mode in which this difficult matter is treated by both writers affords encouragement to the belief that something may be done to harmonize the rule as well here as at home into one system. In my opinion nothing is more desirable, in order to remove amicably the causes for future collision on the subject.

I have the honor to be, sir, your obedient servant,

Hon. WILLIAM H. SEWARD,

CHARLES FRANCIS ADAMS.

Secretary of State, Washington, D. C.

[From the London Times, December 11, 1867.]

To the Editor of the Times:

WHO IS A BRITISH SUBJECT?

SIR: I am unwilling, upon the strength of a telegraphic report, to animadvert upon the language attributed to the President of the United States. I shall say nothing,