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Where did you communicate it to him ?-On the forecastle. No; I beg to correct that statement. I should have said the after part of the vessel, not the forecastle.
The SOLICITOR GENERAL. Was Kavanagh satisfied with that resolution; was he willing to abide by it?-Yes, sir, he was at first. After the vote was taken it was decided, by 22 for to 10 against, that they should return to the United States.
Was that vote of the council taken in the cabin before Kavanagh was informed of the
The CHIEF BARON. I thought you said the council took place in the cabin ?-This council? I beg your lordship's pardon, I did not.
The SOLICITOR GENERAL. T'he council at which it was determined to give up the expedition and go back to America, and lay the experience they had gained before the Irish people; did it take place on deck 1-It took place on the after part of the vessel.
That is what you call the quarter-deck1_Yes.
How!-Immediately on my presenting Kavanagh with the document exonerating him from blame or connection with that council which had been gotten up for the purpose of changing the orders received by him in New York, he turned round and asked if they would not land anywhere he could land. It was then agreed that they would land anywhere he chose.
The CHIEF BARON. Was anybody else with Kavanagh when he said that i-Yes, sir; all were present on the quarter-deck.
(Page of report No. 47.) Were all present when you communicated to him the result, and when he made that proposition which they agreed to 1-Yes.
The SOLICITOR GENERAL. I understood you to say that Nagle and Warren did not attend that council which came to the resolution you have mentioned 1-Yes.
But that the result was afterwards communicated to them ?-Yes.
Where was it communicated to them ?-Nagle remained in the cabin, and it was communicated to him there. Colonel Warren came up, and he was informed of it on deck.
You say the colonels were present at that council!--All the party were present except General Kerrigan and Colonel Warren Where were they at the time the council was proceeding?—They were in the cabin.
Where were they at the time the communication was made to Kavanagh ?-Kerrigan was in the cabin; Warren was on deck, and so were all the others.
And was the first intimation Warren got of the decision the council had arrived at, what you communicated in his hearing to Kavanagh ?-No, sir; I had communicated with him previous to the council sitting.
Communicated what?—That such a thing would take place. When you first communicated to Warren as to what would be likely to occur at the council, did Warren agree or dissent ?-He dissented.
When you subsequently communicated to Kavanagh, in his presence, the result of the council, did he still dissent or agree?-He assented after the council was held, and when the decision was presented to him for his signature. Was the decision drawn up in writing ?-Yes, and Warren signed it. The CHIEF BARON. Then he assented to what the council had determined ?-Yes.
The SOLICITOR GENERAL. You said something about the prisoner's signing a document?-Yes; the resolution come to at the council. I presented it to him myself for
Did he sign it?-Yes, sir.
The CHIEF BARON. Was it before you communicated the result to Kavanagh you presented the document for signature to Warrent-I communicated it at the same time to Kavanagh that I did to Warren, both being present at the time.
And in Kavanagh's presence you asked Warren to sign it :- And he did so. Was it before or after you had obtained the signature of Warren that Kavanagh proposed you should give up the resolution ?-Afterwards. Did you, in fact, land upon the Irish coast afterwards ?-Yes.
(Page of report No. 48.) What part did Warren take, or did he take any part, about that proposal of Kavanaghi-He was very well satisfied with it, sir.
To rescind the resolution he had previously signed 1-Yes.
Did you cruise about 1-We did not do a great deal of sailing, because there was one day calm, or the greater part of it was calm.
Do you know on what part of the coast you did land ?-At the time I did not, sir. Can you tell me how you landed 1-We landed in a fishing-boat.
The CHIEF BARON. Do you now know on what part of the coast you landed ?-Yes, sir; very nigh to Dungarvan.
Do you know what day of the month it was!-Yes; the 1st of June.
The SOLICITOR GENERAL. Can you tell me about what hour of the day it was you landed ?-Some time in the forenoon, sir.
How many men landed with you ?-Some thirty odd people.
About how many of a crew were there in the smack when she came alongside ?-I could not tell how many.
Did you see more than one man 1-0, yes, sir; there were several men.
How far from the shore was it you got on board the smack ?-Some three or four miles.
Did the smack land at any harbor, did she beach herself, or how did you get on shore ?-She beached herself.
Were there houses near where you landed 1-Yes, there were houses right opposite to where we landed.
How did you get out ?-We jumped out into the water.
About how deep was the water 7-It was over me when I got out, I being the last • man. I was the last that got out.
When the other men got out how deep was it ?-With some of them it was beyond their hips. Do you know how you came to be last, or was it accidental ?-It was accidental. What did you do when you landed ?-I simply walked along the road.
Was Warren with you when you were walking, or did he go any other way?-No, sir, he was not with me.
Did you observe did he go away with any one!-I did not see him after landing. With whom did you go?--With a man named Costello,
Were there any other persons, whose names you can tell me, of your party ?-The only other man with me was James Lawless.
What happened to you after you landed ?--About two hours after being on shore I was arrested. By whom ?-By a policeman. There were two magistrates present at the time.
[Page of report No. 49.] Do you mean present on the road 1-Yes; they were in a vehicle, a car.
Turn round and tell me if you see either of these gentlemen ?-I recognize one of them, Mr. Redmond; the other gentleman was Mr. Fitzgerald, I think.
What did the magistrates do; were you taken into custody ?-I was immediately handcuffed and taken to a place called Kiely's Cross barracks, I think.
And eventually where were you brought!—To Mount Joy prison. Before that were you taken anywhere --Yes, to Dungarvan. Was this Costello who was the captain in the expedition the same Costello you mentioned at the beginning as having introduced you to James E. Kelly ?--No, sir; a different person.
[The solicitor general here requested that five other prisoners, who were in custody, should be placed at the bar for the purpose of being identified. The prisoners, Patrick Nugent, James Coffey alius Nolan, Colonel Nagle, Captain Costello, and Lieutenant Fitz Gibbon, were accordingly placed at the bar.)
Do you see those five men ?-I do, sir.
Name them. [A wand was then handed to witness, with which he pointed out each individual.]-This is Colonel Nagle, Captain Costello, Lieutenant Fitz Gibbon, Patrick Nugent, James Coffey alias Nolan; the first man here (indicating the prisoner on trial) is Colonel Warren.
The CHIEF BARON. Is that Patrick Nugent the same person who came on shore with the wounded people ?-Yes, sir.
The SOLICITOR GENERAL. As to the other persons who landed, have you since seen them all in prison ?-Not all of them. How many of them did you see?--All but five. The SOLICITOR GENERAL. I have no further questions to ask this witness.
The CHEF BARON. I wish to ask the witness some questions, but perhaps it will be better to postpone doing so until some of the other evidence has been given.
The SOLICITOR GENERAL. Very well, my lord.
MICHAEL GALLAGHER, examined by Sergeant BARRY:
[Page of report No. 50.]
Where was she at that time :-She was reaching out from Sligo bay, coming across to onr 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 4-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 1-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 1--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 afternoon.
Sergeant BARRY. Who went with you on board her ?—I had six men along with me; fire 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 1-Yes. Sergeant BARRY. What occurred then 1-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 Yer; this man (pointing to the prisoner) was. Did you know his name then 1-No. Did you afterwards know his name when you were in the vessel 1-No. But that man was there 1-He was in the cabin.
You spoke of two men ; what were they doing 1-They were in the cabin when I went down.
Would you know the other of the two men ?-I would.
Who asked you that I-It was not that man, (the prisoner;) it was the other man. He asked me if thero 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. 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 1-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 shoren
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 any. thing more of the oath?
The CHIEF BARON. Anything else you were not to tell 7- I don't remember.
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 CureF 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 1-My own
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-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 1-My own crew stood off; they saw nothing there; they didn't see anything on board, or didn't take notice of whät 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 thom; 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 bayi-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.
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 1-The northern point. In wbat county is it 1-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. Killsbegs 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.
Kellybeys, 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 i-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 1-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 1-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 elmugh 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 1-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 Fmded 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.
Hard 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 then 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 I-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.