Was that commission you spoke of-your commission-signed by Kerrigan?—No, sir. Who was it signed by-Colonel J. E. Kelly.

And do you remember what its contents were, as well as you recollect?

The CHIEF BARON. Signed by whom?-Colonel J. E. Kelly, and also by Captain Hogan.

The SOLICITOR GENERAL. Can you state what the contents of it were, as well as you recollect?"To all whom it may concern, greeting. We, by these presents, do appoint (by name and rank) in the army of the Fenian Brotherhood." I do not recollect any

more.

Then in your commission your name was in, and your rank?—Yes.

Was it in print or ink ?-In print.

On parchment or paper?-On paper.

The CHIEF BARON. These commissions were signed by Colonel James Kelly?—Yes. The SOLICITOR GENERAL. Now, did anything particular happen after you sailed? Do you remember Easter Sunday?—I do.

Did anything happen worth mentioning before that?—I would say not.

And if anything did happen worth mentioning you would remember it.-Nothing happened till Easter Sunday.

Will you state what did happen on Easter Sunday?-The green flag, with a sun-burst, was hoisted some time before noon-I do not know the hour exactly. At its hoisting there was a salute of different arms fired, after which the orders delivered to John F. Kavanagh in New York, commanding him to land the arms in Ireland, were read. Read by whom?-By John F. Kavanagh.

By Kavanagh himself?—Yes.

And did he read any signature to that order?—Yes.

What signature ?-The signature of Captain Powell, the chief of the navy; also the signature of Colonel James Kelly; it read so.

Did it say where in Ireland they were to be landed?—If possible, at Sligo. Or if not found practicable, they were to be landed somewhere on the coast of Ireland.

Was anything done about the name of the vessel that day?—Yes.

What?-She was newly christened.

By whom, and in what name?-She was christened the "Erin's Hope," by John F. Kavanagh.

[Page of report No 39.]

Were the officers, the colonels and others, present when that order was read, and when the christening took place?—Yes, sir.

Were they collected for that purpose?—Yes.

On the quarter-deck, I suppose ?-On the quarter-deck.

Was Warren there?—Yes.

The CHIEF BARON. Warren, you say, was there at both these transactions-at the reading of the sailing orders and the change of the name?-Yes.

The SOLICITOR GENERAL. Had you arms on board?—Yes.

Of what kind and what number?-Of different kinds.

When you say different kinds, can you say what different kinds ?-We had some Spencer repeating rifles; seven-shooters.

What other kinds of arms?-We had some Enfield rifles; some Austrian rifles; we had some Sharpe breach-loading rifles; we had some Burnside breach-loading rifles also; these are the larger arms.

What small arms had you?-We had some revolvers.

How were the arms kept?-They were packed in boxes-large-size boxes.

What was on the box, did you observe-They were Spanish names; I do not recollect what they represented.

Were they labeled as arms?—O, no; they were not labeled at all.

What size boxes were they packed in? They were packed in boxes within one another.

Where in the vessel were the boxes kept?-Between decks.

Was the vessel nearly laden to her full complement with arms? You said she was 150 tons register; was she deep in the water, or what?-She was reasonably deep in the water.

Had she any cargo on board but arms, to your knowledge?—She had no other cargo than arms.

Had you ammunition as well as the arms, or was it all the description of arms you spoke of?-We had some ammunition.

Do you mean cartridges, or what?-No; we had fixed ammunition.

What do you call fixed ammunition ?—Already put up.

Made in cartridges ?—Yes.

Was it in boxes?-No; it was scattered; it was not carefully packed; it was in a box having no lid, that I saw.

About what quantity was there of ammunition in this box that you speak of?—It was supposed to be over a million and a half of rounds of ammunition.

Do you know, as a matter of fact, about how many stand of arms were on board, or can you give us any more description about that vessel?-I should judge there were some 5,000 stand of arm on board; not less.

Were there any pieces of artillery on board?-There were some representing such. How many-Three pieces.

Were they fired at all?—Yes.

When?-On the occasion of hoisting the flag once.

What size were they?-They threw some three pounds shot or shell.

[Page of report No. 40.]

The CHIEF BARON. Do you know the difference between a gun of that kind for a ship and a gun for use on land?-Yes.

Was this a ship gun?-No, sir.

What sort of carriages had they?-They had none.

The SOLICITOR GENERAL. Were the arms opened at all? I mean the cases in which they were during the voyage-the larger cases?—Yes, sir.

What was done with the arms when the cases were opened?-They were so placed as to be ready to distribute.

How were they placed? Were they repacked in any way?-They were placed so that they could be taken up in ones, twos, or threes, but still left in the boxes.

The CHIEF BARON. They were not taken out of the boxes?-Yes, sir; they were.

I thought you said they were left in the boxes.-They were rearranged in the boxes. In the same boxes?—Yes, sir.

The SOLICITOR GENERAL. Was it stated for what purpose the arms were to be landed in Ireland?-Yes, sir.

For what purpose?-To arm a revolutionary party.

Who stated that?-James Kelly, John Hogan, and a good many others in connection with the movement whose names I do not know.

Where was that stated?-In New York.

Was the James Kelley who made that statement the same person as you have described as "Colonel" Kelly?—Yes.

The CHIEF BARON. Who else besides Kelly made the statement?—John Hogan.
And others whose names you don't remember?—Yes, my lord.

The SOLICITOR GENERAL. Had you known Warren, the prisoner, before you met him on board the brig ?—I do not recollect ever seeing him.

Was there any discussion on board about the arms-as to the landing of them ?—None about the arms.

Was there any discussion as to the purpose for which they were to be used when landed?-Yes.

Had you a conversation with any one about it; and if so, mention his name?—It was a general conversation, indulged in by all.

What was the conversation?-That those arms were to be given into the hands of men who, according to the representations made in New York, were to be at Sligo. To do what with the arms?-To receive those arms.

But for what purpose?-For the purpose of revolutionizing.

The CHIEF BARON. Was the purpose stated; and if so, what was it?-For revolutionizing the province of Connaught.

The SOLICITOR GENERAL. Before I take you further, I wish to ask you, had you sailing orders when you left New York?-Sailing orders, sir?

Yes. Had you sailing orders on board the ship-the ordinary clearance certificates or papers-No, sir; we had not.

Was anything said about that?—Yes.

By whom?-By Prendergast.

[Page of report No. 41.]

Was that the Colonel Prendergast whom you already spoke of?—Yes.

What did he say?—He was dissatisfied at sailing in a vessel that had no clearance papers.

The CHIEF BARON. Did Prendergast state that? Did he say he was dissatisfied?— Yes, sir.

The SOLICITOR GENERAL. To whom did he say that?-To Colonel James E. Kerrigan, and the other colonels.

Was Prendergast the only one who expressed dissatisfaction?—No, sir. It was very near creating a mutiny in the expedition.

Was that dispute afterwards adjusted?—Yes, sir; Prendergast had his commission taken from him on that account.

By whom?-By General Kerrigan, but it was afterwards returned to him.
About how long was it kept from him?-Some two or three weeks, I think.

About what time did you sight land on the Irish side?—Some time in May-between the 18th and 20th of May, as near as I can recollect.

What point of the Irish coast did you first sight land at ?--I do not know what point. Was any one taken on board when you approached the land?—Yes, sir.

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.

Was Kerrigan in the cabin?-He was.

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 General 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.