The Catalpa Expedition. Zephaniah Walter Pease
to you since I left the depot was outside the gate.
Did you not speak to me when I marched in with my detachment?—No.
Did you not go to the canteen to drink with me?—Not when you marched in, but I came in one evening to the barrack and had drink with you.
Prisoner. I wish to have Corporal McKillop produced for identification.
President. Was the meeting in the canteen before the time you spoke to him at the barrack gate?—It was a week or two after I met him outside the gate that we drank in the canteen.
Deputy Judge-Advocate. McKillop is on furlough in England.
President. You say McKillop is in the barracks; how do you know?
Prisoner. I can't know, for I have been in close custody for six months.
President. If he be a material witness, he shall be recalled by telegram.
Cross-examined. Was that the first time you drank with me at the canteen?—It was not. Geary and Butler and two more drank with us at the canteen. Geary paid for the drink.
When was the first time; how soon after you swore me in?—In some time after.
Why did you not mention that before, in answer to the Court?—I did not think of it. It is hard to think of everything at once.
You say you swore in Butler, and did you swear in any other soldier between the time you swore in Darragh and Butler?—I am not sure whether I swore in Farrell between them or not. Butler brought me a corporal and a private. I think their names are in the book.
Did you swear any and how many soldiers between swearing in Darrah and Butler?—I do not think I swore any between you and Butler except Farrell; but I don't know whether he was or not.
What was the time between swearing me in and swearing in Butler?—It may be a fortnight or three weeks.
During that time did you swear in civilians?—Yes.
State the number?—It may be two or three.
Did you swear in any soldier previous to the time you say you swore me in?—Not a regular soldier; there were militia.
You say I directly went to Geary and took a treasonable oath without the smallest reluctance. What month was that in?—It may be in the latter end of March or beginning of April.
When you joined the Fenian Society did you do so for the purpose of betraying them?—I took the oath for the purpose of betraying them, and I could not get their intentions without taking the oath.
When did you join the society?—In December, 1864.
When did you first give information?—In July, 1865. I tried before to go to Captain Tooker but was followed. Captain Tooker is a magistrate of the city of Cork.
Did you go of your own free will to give him; information?—I did.
Were you from May, 1864, to September, 1865, most actively engaged in endeavoring to induce parties to become members of the Fenian Society—swearing them in and enrolling them?—I was. I should do so by orders of Geary.
How many members did you enroll?—I can't be exact; they are in the book; but about fifty altogether.
The prosecutor said that the witness was not bound to answer any question affecting his credibility.
The president said the main point was credibility.
Prisoner. It was the prosecutor who first asked the question.
The Court decided the question could be put.
Cross-examination continued. Did you not know all the secrets of the society immediately after you were admitted?—I did not until January, 1865, when I was introduced to Geary.
Did you swear information against the members of the Fenian Society in September, 1865?—Yes.
Did you mention one word about me in that? No, I did not, but I told it to Sub-Inspector Hamilton.
Prisoner, I object to that answer.
At two o'clock the court adjourned for an hour.
On the reassembling of the court, at three p.m., the president (Colonel Shute) said that the Court had decided that the witness on cross-examination had a right to explain his answer.
The Deputy Judge-Advocate. The question was, Did you make any mention of the prisoner in your information?
Witness (Warner). I did not. On account of mentioning it to Sub-Inspector Hamilton I did not think that there was any occasion to state it in the informations.
Prisoner. Do you know that I am a Protestant and an Orangeman and a member of an Orange lodge at Delgany?—No.
Are you a Protestant and did you state to me that you were an Orangeman?—I am a Protestant and on my oath I don't think I told you anything about my being an Orangeman, because the society would come on me if I spoke of anything of the sort at all.
Were you always a Protestant, or did you cease to be one? If so, when did you cease to be one? I was always a Protestant, but I went to Mass a few times, as I thought I would get into their graces by being a Roman Catholic and get some of their secrets.
Was the going to Mass the only thing you did about becoming a Roman Catholic?—That is all.
Did you not go to a Roman Catholic clergyman in Cork and state to him that you wished to become a Roman Catholic?—I did. One of the Fenians came with me and said I wished to become a Roman Catholic.
Did you not receive some religious books and religious instructions?—I did. He went with me to the monk, and he (the monk) gave me some religious books to read.
Did you go afterwards by yourself to the clergyman or the monk?—I went afterwards by myself to receive some instructions from the monk according to the order I received from him.
Then your answer is not true that your going to Mass is the only thing you did towards being a Roman Catholic?—There was not time, for it requires an explanation. The answer could not be given well at once.
Were you sincere in your intention of becoming a Roman Catholic, or were you only deceiving the clergyman or monk?—I was deceiving him for the purpose of getting the information I wanted to get from the society.
When you were in the depot at Templemore did you know Sergeant-Major McKinmon?—I did.
Did you desert from the depot there?—I did. He gave me money to desert, but I think it would be dishonorable to speak of that here, as he is a captain now.
Prisoner. I wish Captain McKinmon to be brought here.
President. You can summon any witness you wish, and the sooner you do so the better.
Cross-examination continued. Were you tried by court-martial for that desertion?—I was tried for being absent without leave, but not for desertion.
Were you punished for it?—Yes, I got forty-two days for it by regimental court-martial.
When were you discharged from the 42d Regiment?—Some time in 1857.
Was not the portion of the discharge which generally contains the character cut off?—No, it was not. The books of the garrison can state it. I drew my pension in this garrison.
Where is your discharge?—I lost it; but you can refer for the form to the local garrison.
What character did you get in your discharge?—The character was very good.
Were you examined at the special commission at Cork, on the trial of Colonel O'Reardon, who was charged with being a member of the Fenian Society?—Yes.
Did