The Catalpa Expedition. Zephaniah Walter Pease
Fenian Society?—I did.
And that he came to Ireland to inspect the forces?—He gave instr actions according as he got them from John O'Mahony.
And that you put the men through their drill before him?—One night for him; but generally for a man named Captain Kelly.
Did you not further swear that he was four or five months here, and gave instructions to the Fenians in rifle practice?—I swear I saw him on several occasions in Geary's giving instructions to Fenians.
Did not the jury disbelieve you, and was he not acquitted?—He was acquitted at all events. I could not swear whether I was believed or not.
At what time did your son write the names in the book produced?—Always when I enrolled the men my little boy would put them down as I would tell him.
The witness was then examined at some length by prisoner and prosecutor as to the entering of the names.
Prosecutor. How long is it since you saw the book?—Not since I gave it to Mr. Hamilton in September last, until to-day.
Prisoner. You have stated that all you have stated is true?—I have forgotten a great many things; but all I have stated is true.
The court adjourned at four o’clock.
John Warner was recalled and questioned by the prisoner.
Prisoner. Did you at any time meet in Cork the man whom you say swore you in?—I did.
How soon after he swore you in?—I could not be exact as to the time; it was in 1865, at any rate, in Mr. O'Connor's timber yard.
How soon did you come to Cork after you were sworn in?—After the regiment was disembodied in Kinsale in June, 1864.
When were you sworn in?—In May, 1864.
Did you bring the letter from Crowley with you in June when you came to Cork?—I did not.
Did you see Crowley from the time you left Kinsale until you saw him in 1865 in Cork?—No.
When did you get the letter from Crowley, and where?—I did not get it at all.
Were you acting for the Fenian Society in Cork in 1864?—Yes. At the latter end of 1864 I attended a meeting at Geary's, the first meeting I did attend. That was in the latter part of December.
Was Geary at that meeting?—He was; I was speaking to him.
Was that the first time you spoke to him?—I don't think it was. About a week before he sent Mr. Bryan to me, and Geary then told me to attend a meeting on that night week. I was speaking to Geary in the beginning of December, or at the end of November, 1864.
Did you not swear yesterday that you never saw Geary till 1865—which is true?—I don't think I swore that on yesterday.
Prisoner. I would ask to have the witness's evidence of yesterday read.
President. This particular portion.
The evidence of the witness on this point was referred to, and it appeared from it that Warner had stated that he did not see Geary in 1864 for the first time.
The prisoner then said he had no other question to ask Warner.
The following letter was then put in by the prosecutor and read by the president:—
My dear James—Please add to the list of contributors to the Keane Fund the following inclosed names, for J. J., Cork. Of course you think it awkward to have the names instead of the cash, but the following reason, which is not fit for publicity, will be enough for you. Since Keane's imprisonment, on 7th Dec, I have paid for his grub about £4 10s., so instead of having anything on hand, I'm only waiting for the balance, which I hope will soon come to hand. It is so very long since I heard from you that I don't know whether you are dead or alive. Will you let me have some news, and say how is Mr. Johnson.
Yours faithfully, J. J. Geary.
The court-martial of Darragh did not conclude until March 2. The testimony against Darragh was mainly that of soldiers who testified that the prisoner introduced them to Warner, who administered the oath of the Fenians to them.
Private Michael Harrington was convicted on the evidence of a private to whom he confessed he was a Fenian, drinking to the health of the "'M. C.'s' or the 'M. B.'s,' or something like that." There was evidence that Harrington solicited men to take the Fenian oath. Another private testified to meeting Harrington at Fenian meetings when "Erin my country" and "My heart beats for thee" were sung.
CHAPTER V THE COURT-MARTIAL CONTINUED
An incident in the trial of Private Martin Hogan is not without interest, illustrating the arbitrary manner of the Court toward the prisoners.
Private Foley was under examination, and testified to meeting Hogan at various public houses in Dublin, where the prisoner's conversation was of a treasonable and seditious character.
At one meeting an American guerrilla officer, who had served under Confederate General Morgan, discussed plans with them for mounting the men on colts, arming them with rifles, and as to the best means of carrying off their horses out of the barracks. Plans of action for the Fenian soldiers were also discussed, the prisoner being present and occasionally taking part in them.
Mr. McMechan cross-examined the witness, and the examination was proceeding, when the counsel requested that the witness be required to speak in a louder and more distinct tone, and placed nearer to the prisoner in order that his remarks might be taken down.
The president ordered the witness to move to within two or three yards of the table at which counsel and prisoner were sitting, and to speak as loud as he could.
This was done, but with no more satisfactory result to counsel for the prisoner, and a request to move nearer and speak louder was repeated.
The president said the witness had spoken loud enough for any man with even ordinary faculties to hear, and if these were not possessed by counsel, some one who possessed them ought to be procured.
Counsel then handed in a statement to the effect that he did not hear the witness, nor had he heard anything distinctly that day. He was not deaf, and was possessed of ordinary faculties. He had no wish to obstruct or delay the Court, and, that he might not do so, he had asked that the witness be directed to stand nearer. The observations made by the president tended to unfit him for the discharge of his duties, and he requested that they would be withdrawn.
Subsequently Mr. McMechan sent in the following and stood waiting a reply.
"Sir—Having remonstrated with you for what you said, and you not noticing it, I now beg to withdraw."
The president read the first communication and said, "I am sorry that my remarks should tend to unfit counsel from attending to his duty, but I refuse to withdraw them."
Mr. McMechan immediately left the court.
The president directed Mr. Lawless, the prisoner's solicitor, to be sent for.
On Mr. Lawless entering the court, the president said that Mr. McMechan had withdrawn from the case, and he wished to tell him that he would give half an hour, or any reasonable time, to provide another counsel if he thought proper.
Mr. Lawless said he was very sorry for what had occurred between Mr. McMechan and the Court, but as he was senior counsel in all the court-martial cases, he could not, according to the etiquette of the profession, withdraw the case from him, nor was he at all inclined to do so, as he had full confidence in whatever course he (Mr. McMechan) thought right to adopt.
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