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 have 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

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

have occurred from the magistrate not taking down all the witness said. In the information of the 15th June you state, "I asked him where he was from; he said from Spain, and bound to Glagow, with fruit?"-Yes, that's where it is.

In your informations of the 12th of October you state, "I remember a Friday, near the end of May last; I saw on that day a brigantine coming from Sligo bay; I had noticed her on the previous day; on the Friday I was in a row-boat, looking out as a pilot, when I saw her"

WITNESS. That's in the wrong place there; I saw her on Thursday, and I boarded her on Friday. I was on shore at the time.

The CHIEF BARON. After stating that you agreed to pilot the vessel for two guineas, you proceed to say, "The brigantine seemed to be about 180 tons burden; I cannot say about what length she was; she was about 20 or 25 feet beam. I asked the name, but the man in charge would not tell me. I could not get the name of the captain."

The PRISONER. In his statement of the 15th June, my lord, he swears positively, “I did not ask her name, nor did I hear it; I did not hear or ask the captain's name, who was said to be on shore, nor did I hear it. I did not hear or ask the name of any man on board." So that in almost every line he contradicts himself.

The CHIEF BARON. You state in your information of the 15th June, "I did not ask her name, nor did I hear it; I did not ask the captain's name, who was said to be on shore, nor did I hear it ;" while in your informations of the 12th October you say, "I asked her name, but the man in charge would not tell me"-how do you reconcile these two statements?-I told the magistrate that I did not see the name of the vessel, and that even if I did I would not be able to read it, as I was no scholar; and that I had to leave the - vessel without the name of her, or of the captain, and without my pilotage.

You are asked how you reconcile these two statements-on the 15th June you swore that you did not ask the name of the vessel, nor did you hear it, and that you did not ask the captain's name, nor did you hear it; while on the 12th October you swore that you asked her name, but the man in charge would not give it.-In my report to the magistrate, I said that I could not see her name, and that if I did I could not read it; and that I could not get the name of the captain, as he was on shore.

[Page of report No. 59.]

How is it that you say in one instance that you did ask for the vessel's name, and in the other that you did not ask it?-It may be put down wrong.

You stated that it was in the evening you saw the vessel?-Yes; the evening before. Were you then on shore ?--I was.

When you saw her the second time where were you; were you on shore also?—Yes, on shore.

How is it that in your information of the 12th October you swore "On the Friday I was in a row-boat, looking out as a pilot, when I saw her?"-That is wrong; I never reported that. I reported that I was on the lookout for the vessel on Thursday; that on Friday morning I saw her coming out from Sligo bay, that I pulled out with six men and went on board of her.

Is it not the fact that you were in a row-boat when you saw her?--I was on shore. And not in a row-boat?-We pulled out in a row-boat.

What do you mean by saying that you went to two places on the Donegal shore for the purpose of seeing whether any of the coast-guard men would come out?-The reason is that when I saw these men swear me in the vessel, I knew I could not give fair evidence or report, and I could not get out of the vessel. I thought the coast-guard men would come out and take me on shore.

That they would come for the purpose of taking the vessel ?-For the purpose of taking me away.

The PRISONER. I would call your lordship's attention to the first information, where he says that he met two coast-guard men, to whom he told all he knew.

The CHIEF BARON. Did you intend to tell the coast guard in case they came out, why you wished to leave the vessel?-I knew that if they came out they would know if there was anything wrong with the vessel.

Did you expect the coast-guard men to come out and take you from the vessel?—I thought it was strange that they did not go out in a boat, as it was their business to do. Was it to get yourself safe from it you wished them to come out?--It was.

Would you not tell them what happened, if they came out?-Perhaps I would not tell them, as I had sworn a solemn oath in the cabin.

You stated in a part of your evidence that "I got the vessel on small canvas; I reached her in towards Mullaghmore station of coast guard as near as I could, when I thought I could not give fair evidence if I was taken up;" what do you mean by that?-When I was sworn not to report the vessel, I thought I would reach her close to the shore, and that the coast-guard men would come on board and would know what was the vessel. Did you intend to give them fair evidence, or report as you call it, in case they did come on board?-No.

What do you mean by saying that you could not give fair evidence?—I didn't say that.

[Page of report No. 60.]

That is what you did say-What do mean by it?-I thought that if the coast-guard men came out they would take myself out of the vessel.

What do you mean by saying you could not give fair evidence?—Because I was sworn not to report or tell anything I had seen.

Had you expected the vessel to come previously to your boarding her?—No.

Had you heard nothing about her?-Nothing since I was born. There is not a pilot on shore that can pilot a vessel along that coast with me; I have saved life and property there for the last 25 years.

The PRISONER. There is one point, my lord, I would especially call your attention to, and that is, that when leaving this imaginary vessel he says he met two-coast guard men, to whom he says he told all he knew; yet he swears now that he never told them a word about the vessel, or what was done on board.

WITNESS. I beg your pardon. I told them what I was, and they said, "I suppose you were on board the schooner that was sailing about?" I told them that I was. I thought it was their duty to go and see after it.

The PRISONER. I say that the man who is guilty of being a suborner of perjury, as has been done here, should be in the dock where I now am.

The CHIEF BARON, (to witness.) Where have you been since your informations were taken ?-Is it the first report?

The second-I was taken to jail, away from my family.

When was that?-I was only three weeks at home, when I was taken to Lifford jail, and afterwards to Dublin.

Was that before the informations you made in October?-No; after it.

Where were you in October-how long were you in jail?-Six or seven weeks.

How long were you there after you swore your first information in May ?—About three weeks.

Were you in jail when you made your second information?-No. Three days after I was in Sligo jail identifying the men, I was arrested.

From that time to this you were in jail, were you ?—No.

How long were you there?—I am not sure.

The PRISONER. He was in Kilmainham jail with me for five or six weeks. He was brought there afterwards to identify me.

The CHIEF BARON. How long were you in jail-were you in jail when you made your last information, on the 12th October?-I was.

How long after that did you leave the jail?-Four or five days after. I made my report before I got out of it.

How long is it since you left jail?-That's the thing I can't say.

Is it a week ago?—I was in jail when I came to see them.

When did you leave it ?-I am out of jail, as near as I can go, nine or ten weeks. How long were you in jail?-Six or seven weeks.

[Page of report No. 61.]

The PRISONER. He was brought to Kilmainham, my lord, and put in the same yard with me, where he heard my name called several times, and knew I was the party. He afterwards was taken away, and brought back again to identify me.

The CHIEF BARON. Were you in jail with the prisoner?-I was.

The PRISONER. And in the same yard?-I was.

The CHIEF BARON. Were you taken away from jail before you swore your last information?-Yes.

How long after you were taken from jail did you swear it?-Two months.
Were you told you would gain anything by making that information?-No.
Were you told you would be let out if you made that information?—No.

The PRISONER. The presumption is that if there were 20 men on board this imaginary vessel they would get two out of that large crowd to come here; but it is better they put up a man without brains. They have not a foot to stand on, I submit to the whole world.

The CHIEF BARON. Have you anything else you wish to ask this witness?

The PRISONER. No; I don't admit the jurisdiction of this court, and it was only for the sake of law and justice that I asked your lordship to analyze his evidence. I beg to return your lordship my most sincere thanks for doing so.

The CHIEF BARON. You are under no obligations in the world to me. I have only to do justice between you and the Crown.

JAMES NOLAN, examined by Mr. LONGFIELD Q. C.:

The witness, on coming on the table, said: I decline to give evidence.

Mr. LONGFIELD. On what ground? What is the reason?-I got my liberty some time ago to leave the country, and I have been brought back again, not of my will. I was taken prisoner in Liverpool and brought back.

Do you think it would injure you to give evidence?-I think it would.

Swear first, and then you can decline to give evidence when I ask you any question that you don't wish to answer.

(The witness was then sworn.)

The PRISONER. I protest against this man being compelled to swear and to give evidence.

The CHIEF BARON. The law requires that he shall be sworn, but it is my duty to tell you (to witness) that you are not bound to answer any question that may criminate yourself-that is, that may expose you to a prosecution.

WITNESS. I decline, sir, coming on the table at all.

[Page of report No. 62.]

The CHIEF BARON. You are bound to come on the table, and you are bound to be sworn, but you are at liberty to withhold any answer which would give the grounds of a prosecution.

Mr. LONGFIELD. What is your name?-Daniel Coffey.
Have you gone by any other name?-James Nolan.
Are you a native Irishman?—Yes.

Did you go to America some years ago?-I did, sir.

The CHIEF BARON. You are not bound to give any answer that may criminate yourself. You are bound to state everything that is not calculated to criminate you. You are not bound to state anything that may.

Mr. LONGFIELD. I assure your lordship that I don't wish to get him to answer any question that might criminate himself.

The CHIEF BARON. I am quite certain of that, Mr. Longfield; I know you would be the last man to do it.

Mr. LONGFIELD. I have not asked any question, that could do so, but I am now about to ask a question of a different character. (To witness:) Did you at any time, when in America, become a Fenian?--I decline to answer.

Did you at any time in this year become a seaman, or go on board, in any capacity, a vessel called the Jackmel?-I decline to answer, sir.

Did you suffer from any wound lately?--I decline to answer, sir.

Mr. LONGFIELD. Does your lordship think I cannot go any further?

The CHIEF BARON. Certainly.

Mr. LONGFIELD. I am bound to admit that, if he claims protection, I cannot go any further.

The CHIEF BARON. These three questions show that the examination cannot be proceeded with.

JOHN HAUGHEY examined by Mr. MURPHY, Q. C.:

Where do you live?-Donegal.

What are you?-A laboring boy.

Do you know Michael Gallagher, the pilot ?-I do.

Do you recollect on a Friday in May last going into a row-boat with him?—Yes.

What other men were in the row-boat with you?-Pat. McGehen, Pat. Gallagher, John Byrne, James Brown, and Patrick Byrne.

Where did you get into the row-boat?-At the quay of Towney.

Is that in the county of Donegal?-Yes.

Where did you row out to?-Mullockmore.

Did you go to any vessel there?—Yes.

Who went on board the vessel first?-Michael Gallagher, the pilot.

Did you go on board?—I did, sir.

How many of the other men went on board with you?-Three men.

[Page of report No. 63.]

About what hour in the day was it that you went on board?-About 12 o'clock.

How long did you stay on board the vessel?-About an hour and a half?
Where did you stay the time you were on board the vessel?—At the rail.

Did you go below at all?-No, sir.

The CHIEF BARON. Did you go anywhere to warm yourselves?—I did, sir; to the galley-house.

Mr. MURPHY. Did you see, while you were on board, where Michael Gallagher went ?— He went to the cabin.

Did you see who took him there?-No.

Did you see was there any person with him when he went down?--I was the third man that went aboard.

Was it immediately that you got on board you saw Gallagher going down to the cabin-He was down when I went on board.

The PRISONER. This witness was in court during the examination of Gallagher, and heard every word he said.

The CHIEF BARON. That should not have been. The usual course is to have the witnesses out of court.

Mr. MURPHY. There is no rule on the subject, my lord.
The CHIEF BARON. No rule, but it is the usual course.
Mr. MURPHY. Unless your lordship makes an order-