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the arms in Ireland was read; the order was si ned by Captain Powell and Colonel Kelly; the arms were to be landed if possible at SH 0, or w ierever else convenient; the vessel also received a new title—“ Erin’s Hope ;” she was 0 ristened by Kavanagh; the officers were present when the order was being read and the vessel christened ; Warren was there ; we had arms of different kinds; we had Spencer repeating rifles, seven-shooters; we had Enfield and Austrian rifles; we had some breech-loading rifles; those were the larger arms; we also had revolvers: the arms were packed in large boxes: the boxes were put between decks; the vessel was _well laden, and was reasonably deep in the water: she had no other cargo; we had some ammun1tion made up in cartridges which were not carefully packed ; there were about a million and a half rounds of ammunition: I should say there were some 5,000 stand of arms on board; there were three pieces of artillery; they were fired as a salute when the green flag was hoisted; they threw three-pound shot.or shell; they had no carriages; the cases of arms were opened during the voyage, and the arms were placed so that they could be easily distributed ; they were then rearranged in the same boxes ; it was stated in New York that the arms were to be landed in Ireland for the purpose of distribution: I had never seen the prisoner until I went on board the brig; there was a discussion on board to the effect that the arms were to be given to men in Sligo to revolutionize the province of Connaught; when we left New York, Colonel Prendcrgast said'we were sailing in a vessel which had no clearing papers ; this fact nearly occasioned a mutiny on board; General Kerrigan took Prendergast’s command from him on that account; he afterwards returned it, after two or three weeks ; we sighted land in the month of May; we took a. pilot on board named Gallagher; he came out to meet us; in fact, he followed us for hours; that was two miles from land; in the bay of Sligo another person came on board and was received by Captain Kavanagh; he went on the quarter’-deck with Kavanagh, and then they went to the cabin, where all the colonels were assembled; I heard from Costello that this mau’s name was Burke; he remained on board about an hour; it was dusk when he came on board ; after an hour he went on shore in company with Colonel Devin, Colonel Phelan, and Colonel Prendergast; two others of the party had also landed—Colonel Doherty and a man named Shea; they went to Sligo very early in the evening—-about an hour and a half before Burke came on board; Gallagher was taken down to the cabin by the captain, and I was about three feet from them; I was at the door leading to the cabin between decks; Gallagher and Kavanagh went into the cabin; the eolonels were also there; Warren and Nagle were there, and I heard them conversing; I heard the pilot and Kavanagh talking ; the pilot made an excuse for not taking the Fenian oath; he said he was too old; I also heard the pilot take an oath, which was administered to him by_ Colonel Nagle; the oath was that he would not divulge what the cargo consisted of; the pilot then went on deck; Doherty and Shea did not return; Colonels Prendergast, Phelan, and Devin did not return either; the day on which Burke came on board a loaded pistol exploded in my hand; I was cleaning it; James Coffey, alias Nowlan, and John Connor were wounded: Connor was wounded badly in the ankle, and Nowlan was wounded in the leg: those two men went ashore in company with a man named Pat. Nugent; Gallagher went also in the same boat with those three men; when the boat

left the ship we were near the land; next day a council was held in the cabin; all the

otficers were present; General Kerrigan stated that it was impossible to attack the town of Sligo; that the Fenians were quiet lately; before Burke came on board it had been determined to attack the town of Sligo, but on his report this resolution was changed; Warren was present at this council ; Kerrigan also stated that Burke had ordered the captain to sail for Cork; the vessel then put to sea; the council at which it was determined to attack the town of Sligo was held before the agent came on board; all the ofiieors were present; after putting to sea the vessel steered for Cork, and we arrived at a place called Ballimore, in Cork: before arriving we held a council, at which all were present except the crew, General Kerrigan and Colonel Warren, who did not acquiesce in the summoning of the council Z the result of the council was that they were to turn the ship’s head towards the western islands in order to reprovision her; our provisions were short at that time; the captain was not at the council: there were notes taken at it by Nagle, by Costello, by myself; threw my notes away before I came ashore; as the expedition had failed, it was debated whether it would be better to return to the United States and lay before the Irish the experience they had gained, or land in Ireland; the former course was agreed to; I communicated this resolve to the captain in the after part of the vessel; that resolution was changed ; when I

resented Captain Kavanagh with a docket exonerating him from any blame in the matter, lie turned around and asked if they would not land anywhere he might select; it was agreed

_ that they would land anywhere he chose; Kerrigan and Warren were made acquainted with and Lawless, and shortly afterwards I was arrested; there were two magistrates present when I was arrested, one of whom I now recognize in court——Mr. Filzrverald ; the Costello who was with me at this time was a difi'erent man from he who introduced me to Colonel Kelly.

the first resolution of the council; they were in the cabin while the council was being held on deck ; the determination of the council was drawn up in writing and signed by the odicers ; Warren signed it; this document is in the possession of Captain Kavanagh, in New York; Kavanagh proposed to rescind this resolution, and Warren was agreeable to that course; we landed in Ireland two or three days after; we landed in a fishing boat within a mile or two of Dungarvau; it was on the 1st day of June, in the forenoon: about twenty were landed with us; the crew of the smack consisted of several men; we got on board the smack about four miles from shore; she beached in three and a half feet of water; we had to jump into the water; we were up to'our arm-pits ;_when we landed I went with Costello

Five other prisoners were then put forward.

Examination resumed :

I see those five men; they are Colonel Nagle, Colonel Warren, Captain Costello, Patrick Nugent, James Coffey, alias Nowlan, and Lieutenant Fitzgibbon; all the prisoners were brought up to Dublin, excepting five.

The chief baron asked the prisoner if he wished to ask the witness any questions.

The prisoner said he did not. .

The chief baron said he had some questions to ask the witness, but he would defer them

for the present.
The court then adjourned for a short time.


On the reassembling of the court, MICHAIIL GALLAGHER was examined by Sergeant Barry ;

I am a pilot in Donegal; I recollect in May last seeing a brigantine coming into Sligo bay; it was in the evening; I was on shore at the time; I saw her up to six o’clock that evening, and next morning about eight o’clock; she was then leaving Sligo bay and coming towards Donegul; she was then about six miles off; I then boarded her in a small boat, about 12 o’clock noon: I had six men with me; I went on board myself, and saw a man on the quarter-deck, who told me he was from Spain bound for Glasgow, with a light cargo ; he also said he landed the captain the night before at Sligo to get provisions; he asked me if I was the pilot, and on saying I was he gave me charge of the vessel, I agreeing to pilot her for two guineas; he then called me down to the cabin; I went down and I found some men there; I saw that man there, (pointing to the prisoner ;) there was another man there whom I would know: he asked me if I was a Fenian, and I said not; the man in charge of the ship then said “swear him;” I said, for God’s sake don‘t swear me, for I have a large

family; the man in command then took a loaded pistol and told me to take the book; I had .

to take it and swear as he told me. (Colonel Nagle was put forward.) That is the man who handed me the book and tendered the oath; I repeated what he said; I swore that I would tell no one of what I had seen, and that if I noticed anything in the ship I would not report it; neither was I to give a description of the vessel ; one of the men gave me five or six shillings, when I spoke about my wife and family; I then went on deck and took charge of the vessel; the hatches were shut down and there were only six or seven men on deck; when I came on deck my crew went away in their own boat; I sailed the vessel to Mullaghmore, keepin within about a half a mile of shore; this is in Donegal bay on the Sligo side; I then steere for St. John’s Point, on the Donegal side; when I saw that the coast guards did not come out I let the vessel drop down to Killybegs; I then learned that it was near six, and that I was to take the vessal to meet the captain; I then took the vessel to Streedagh

and there was no sight of the captain; about ten o’clock I saw a hooker coming down ; sue .

came astern of the ship, and some conversation took place between the men in charge of the two vessels; the man in charge of our vessel took the man commanding the hooker on board the ship and they went down to the cabin; they then came up on deck, and I asked was that the captain; ‘he told me to mind my own busines and watch the vessel; I said I would watch the vessel no longer, and I went to the stern and jumped into the boat; the man in charge told me to come on board again, and said that he had two wounded men to send ashore; I forgot to state that I heard of the _men being wounded two hours after I went on board; I was told that they had a fight; I was dragged up on board the brig, and I remained on board till one o’clock in the morning, and then I was told to put the vessel in towards land in order to land the two wounded men; I did so. and the two wounded men were sent ashore in a boat, besides three others and myself; the boat struck on the sand, and one of the wounded men was carried up to the beach; I then went away. (James Coffee, aéiais Nolan, and Patrick Nugent were ihen put forward.) Those are the men who were woun e . The CHIEF BARON (to the prisoner.) Do you wish to ask the witness any questions? PRISONER. For the sake of law and justice, I wish to call your lordship’s attention to this man's information given in May last and his evidence now; there are great discrepancies, and his evidence is a tissue of perjury and falsehood. The CHIEF BARON. We shall examine the informations, and question the witness on those matters in which the discrepancies occur. The court again adjourned; and, on reassembling, MICHAEL GALLAGHER, the pilot, was recalled. The chief baron asked the prisoner if he wished to have the whole of the evidence read, or only that portion of it which seemed to be material. _ The prisoner said that, merely for the sake of justice, he would wish his lordship to question the witness as to that portion which seemed material. ‘

-The chief baron then read a portion of the witness’s information, in which he stated that he told all he knew to the coastguardsman, and that he knew nothing more about the vessel. The witness said that he sworethat to the magistrate in order that he might not break the

oath that he took in the cabin. The prisoner said that the witness. in his information, swore that he did not know what

the cargo of the vessel was, and in his evidence now he swore that the vessel contained a

cargo of fruit. E . In reply to the chief baron, the witness said that he did not state to the magistrate that the

vessel contained a cargo of fruit.

The CHIEF BARON. In the information of May the discrepancies occur, but perhaps they may be rectified in the informations of June and October. ‘ '

The PRISONER. In the information of June he stated that he did not ask the name of the captain, nor did he learn it; and in that of October he says, “ I asked the captain’s name, and was not told it." .

The chief baron asked the witness how he could reconcile these statements.

The witness, in reply, stated that it might have been put down in such a style, but, as he could not read. he was not aware of it. E '

The prisoner pointed out other discrepancies in the wituess’s informations, and especially wherp the prisoner, after leaving the vessel, did not say a word to the coast guards about the vesse .

The witness said he did tell the coast guards.
The PRISONER. That man is a peijurcr, and ought to be in the dock where I now stand.

The CI-IIEF BARON. You are not at liberty now to say that .

The prisoner said the witness was in the same prison with him, and, after being liberated, was again brought to the prison to identify him. He submitted that the whole story was concocted, and that those men had not a. foot to stand on. He also said, “Ignoring the jurisdiction of the court, I must thank your lordship for your kindness."

The CHIEF BARON. You are under no obligation to me; I am simply doing my duty to

the Crown. , DANIEL COFFEY was then called, and, on coming on the table, he said he should refuse

to give evidence, on the ground that it would criminate himself.

The chief baron said that he should be sworn, and that then he was not bound to answer any question that might criminate himself.

The prisoner protested against forcing the witness to g'rve evidence.

Mr. LONGFII-:LD (to the witness.) Did you become a Fenian in America? I decline to answer the question. Did you embark on board the Jackmell I decline to answer. \Vere you wounded at any time? I decline to answer.

The chief baron said the questions could not be pressed.

£141‘. Longfield refused to question the witness any further, and he was told _to leave the ta e.

JOHN HOCKEY was the next witness called.

The prisoner stated that the witness was present in court during the whole of Gallagher's examination.

The chief baron said he should not have been present; it was usual for Crown witnesses not to remain in court while evidence was being given.

The witness was examined by Mr. Murphy, Queen’s counsel, and merely stated that he was the third man that went on board the vessel from the boat, and that he went to the galley to warm himself. He knew nothing about the vessel or her cargo.

The prisoner refused to ask the witness any questions.

DANIEL JONES was next examined, and stated that he brought a car to Streedagh and conveyed the wounded men to the infirmary.

JOSEPH CLARKE, a coast guard, was examined, and deposed that he arrested a man on the shore and brought him to the coast-guard station. He also landed the two woifnded men.

On three of the prisoners being put forward, the witnessflidentified Nugent as being the man he took into custody.

Examination resumed: -“I saw a vessel on the day named, in the ofiing; she was a brigantine; she was two miles off the Streedagh station. I had a conversation with Gallagher in the morning; I asked him who he was; he said he was a pilot; he said he was after landing from the brigantine, and that she was a Spanish vessel bound for Glasgow ; he said he did not know what cargo she had. He was out fishing, and he boarded her; he was asked, he said, to_ take her to Killybegs; he took her to Streedagh, and then the captain said they would land the pilot and proceed to Glasgow themselves. He said nothing more.”

BERNARD BURKE, a coast guard, on being sworn, said he was on duty in Streedagh on the morning of the 25th of May last. He saw a horse and cart, and he went after them; it was going in the direction of where the wounded men were found; the man who had charge of the cart was named Michael Bruen, and the civilian was named Jones. I asked the wounded men who they were. There were a number of foot-tracks in the sand to the water’s ed e. Both men had bandages on them; I got them conveyed to the watch-house. [ldenti es Coffey as one of the wounded men.] The evening before I saw a brigantine Coming over from the Donegal shore; she had hen-sails set.

The witness was under examination when we went to press.

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No. 1474.] _ LEGATION or The Umrsn STATES, London, November 2, 1867.

SIR: At an interview which I had with Lord Stanley at the foreign office, on Tuesday last, I presented to him the letter for him transmitted with your despatch, No. 2070, of the 7th of October. I also read to him the substance of your despatch, No. 2059, of the 25th of September, to which he listened with great attention. He remarked that nothing could be more friendly and full of genuine sympathy than the tone of it. He should be glad to‘ have a copy of the latter part of it to communicate the very language, to the friends of Sir Frederick Bruce,‘ who would, be doubted not, fully appreciate the nature of the testimony. I let him have it, as a matter of course.

I seized the occasion to allude to the-rumor of the appointment of a successor.

- He said at once that he had offered the place to Mr. Thornton, a person whom

he had every reason tobelieve likely to prove satisfactory. Then, as if having in his mind the objections made in the Times, he remarked that a selection might indeed have been made from the community at large, but the objection to that course grew out of an understanding long established with those persons who were willing to enter the -diplomatic service as a profession, that they would be entitled to promotion under all but very exceptional circumstances. I observed that no systematic service could well be maintained without some such inducement. His lordship then went on to say that he considered the post as one of the most important in the service. On first coming into office it had been his wish to raise it to the rank of an embassy, but on further consideration of the difficulties in the way of introducing a solitary distinction at Washington, and for other reasons, he had abandoned the idea. It was, however, now placed on a direct line of promotion to an ambassador’s post, which made it more an object of ambition. I observed that the proposal of an ambassador 'would, I thought, be somewhat embarrassing to us, as our established system rested on a difierent footing. There was really no difference in the duties to be performed. The only question involved was one in the order of precedence on public occasions and at court. . Some time or other, perhaps, hereafter, if our people should get theirpride up about yielding precedence to the'representativesv of the other great powers, they might change the nominal grade to establish equality, but it would probably be a good while yet before the idea. would come to them. Meanwhile it was as well not to disturb it.

I then again, in connection with the loss of Sir F. Bruce, threw out a suggestion as to its probable effect upon the question yet pending between the two countries. His lordship took it up by saying that there really was little difliculty in coming to a settlement so far as the merits of the question itself were concerned. He was well convinced that_ the country would be perfectly ready to acquiesce in any decision that might be made even though it were adverse. But he intimated that the point of pride about leaving the right of recognition in any doubt was so great that it could not be so treated. He said this was the universal sentiment, as a proof of which he intimated that he had sounded even our best friend, Mr. Bright, and found that he felt like everybody else about it. I infer from what he said that the answer will be an acceptance of your proposal to adopt his language, but guarded by a-caveat on that point.

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


‘ Secretary of State, Washington, D. C.

llfr. Adams to lllr. Seward.

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: London, November 5, 1867. SIR : I have the honor to transmit copies of the London Times* containing a

_report of the trial of the persons charged with the murder of a police oificer in the

prosecution of an attempt to rescue two prisoners at Manchester. In the course of the remarks made by two of these men, I perceive that t'ney_dec1are themselves American citizens, and complain that no attempt was made by me to interfere in their behalf. \ _

Of one of these parties, Shore, or Shaw, I have never heard anything before. either directly or indirectly. So far as I know, he never made a sign to me of any kind. . ~

With regard to the other man, Gould, he proves to be Michael O’Brien, the person who was arrested and tried at Liverpool fo'r being accessory to the possession of some government rifles traced into the hands of the Fenian Irish in that place. As the evidence upon his examination seemed to me quite insufficient to justify the charge, I authorized Mr. Dudley to employ some one to protect him, and guard against the risk of political prejudice prevailing against him on account of a suspected connection with the Fenian agitation. The trial, however, was very fairly conducted, and the evidence not proving sufiicient, as I supposed, he was acquitted and released. It was, however, quite strong enough to throw a. doubt over his purposes, and to justify Mr. Dudley, the consul, who saw him, in giving him a friendly caution to avoid all further risks by returning at once to America.

In the present instance Mr. O’Brien_ wrote to me again soliciting assistance. But the circumstances seemed so entirely changed, the charges brought of so purely a criminal nature, and sustained by such strong evidence, that it did not seem to me to be a proper case to attempt to interfere with the usual course of law. It admits of little doubt that he was one of the chief parties engaged in the rescue by violence, and as such liable to suffer the penalty of the law. I presume at least three of the five persons convicted will be executed. _

I learn ‘from Mr. West that the trial of Colonel Nagle will be transferred to Sligo and postponed to the spring. This is alleged to be on the ground that the evidence to fix upon him, as an alien, an overt act, must clearly prove this act to have been committed within the British jurisdiction. Thus a clear distinction appears to be made between him as a native of the United States, and Warren, who is a naturalizedcitizen. In this connection much stress is laid on the doctrine of our courts, and works of high legal authority, upon the indef'easibility of allegiance. It is much to be regretted that on this point there should always have been some conflict between the established policy of the executive department and the ruling of the federal judiciary. ‘

There is a leader on the subject in the London Times of to-day, which I send herewith. .

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


Secretary of State, Washington, D. C.


[From the London Times, November 5, 1867.]

There is one incident of the Fenian trials at Manchester and Dublin which deserves special consideration. It is the fact that several of the prisoners claimed the privileges of American citizenship and the interference of-Mr. Adams as therepresentative of their adopted


"The report of the trial as contained in the London Times was published in House Ex. Doc. No. 157, page 99, 2d_ Sess. 40th Congress.

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