The Catalpa Expedition. Zephaniah Walter Pease
President. Have you any application to make on behalf of the prisoner!
Mr. Lawless said he had no application to make.
The President. Under these circumstances the trial must proceed without counsel.
Colonel, the Hon. S. J. G. Calthorpe, 5th Dragoon Guards, was examined to prove that the prisoner had not given him notice of an intended mutiny in her Majesty's forces in Ireland.
Sergeant Alsopp and Sergeant Miller of the 5th Dragoon Guards were examined to prove the desertion of the prisoner, and the making away with regimental necessaries.
The prisoner was placed on his defense, and stated that his counsel having left him, he did not know what to do; he could get no other counsel now, and felt inclined to throw himself on the mercy of the Court.
The president said he would receive his defense in the morning, and adjourned the further hearing of the case in order to give the prisoner time to prepare it.
The trial of Martin Hogan was resumed.
Mr. Lawless was present, and handed in a written statement to the president.
The President. Before reading this, I am anxious to say, that I most emphatically disclaim any intention whatever of having said anything disrespectful, or that I intended annoying the prisoner's counsel; and I wish to say that if I should at any time—
Mr. Lawless. The prisoner's counsel is outside sir. Will you allow him to be present?
President. Certainly.
Mr. McMechan then entered the room, when the president said, "I will repeat the words I have just said, which were these: That I desire most emphatically to disclaim any intention whatever of saying anything disrespectful to the prisoner's counsel, or any other person engaged in this court. If at any time I imagined I did so, I should be very sorry for it. I would be the last to offend any one."
Mr. McMechan. I am perfectly satisfied, sir.
Mr. Lawless. We will withdraw that statement, sir.
The statement was handed back, and Mr. McMechan, instructed by Mr. Lawless, remained to defend the prisoner.
The prosecution was then closed.
The trial of Private Robert Cranston was one of the longest. It was held in the Victoria Library, Colonel Brett presiding. Cranston was arraigned on the following charges, First: For mutinous conduct in having at Dublin, on the 18th February, 1866, come to the knowledge of an intended mutiny in her Majesty's troops then quartered in Richmond barracks, Dublin, and not giving information of the said intended mutiny to his commanding officer.
Second charge: For conduct to the prejudice of good order and discipline in the following instances—First instance: For having at Dublin, in the month of December, 1865, endeavored to induce Private Foley, 64th Regiment, to join the illegal society called the Fenian Brotherhood, having for its object the overthrow by force and violence of her Majesty's government in Ireland. Second instance: For having at Dublin, in the month of January, 1866, endeavored to induce Private Thomas Morrison, 61st, to join an illegal society called the Fenian Brotherhood, having for its object the overthrow by force and violence of her Majesty's government in Ireland. Third instance: For having at Dublin, on the 17th February, 1866, used the following language to Private Abraham, 61st Regiment: "An outbreak will take place in a few days. I am to get a sworn member of the Fenian Society in each of the barrack rooms in Richmond barracks to put a bit of sponge into the nipples of all the rifles belonging to the men who are not Fenians, and thereby render them useless. When the regiment is called out to meet the Fenians, the Fenians will advance close up to it; the men of the 61st who belong to the Fenians will not fire on them, and the others who are loyal will not he able; and the Fenians amongst the 61st will then go over to their party and at once fire on those who refuse to join the society."
Third charge: For having in December, 1865, and in January and February, 1866, at Dublin, knowingly received and entertained Thomas Chambers, 61st Regiment, a deserter from the said regiment, and not giving notice to his commanding officer.
The assistant adjutant-general, the Hon. Col. Fielding, prosecuted, assisted by Dr. Townsend.
Mr. McMechan, with Mr. Lawless as attorney, appeared for the prisoner.
Deputy Judge-Advocate. Have you any objection to be tried by the president, or by any other member of this court?
Prisoner. None, sir.
The charges having been read by the deputy judge-advocate, the prisoner pleaded not guilty.
The prosecutor having stated the case for the prosecution, witnesses were called and examined.
Head Constable Talbot was examined, and deposed that he was present at Fenian meetings in December, 1865, and January and February, 1866.
Did the soldiers take part in the proceedings of those meetings?
Prisoner objected.
Deputy Judge-Advocate. The particular part taken by soldiers cannot be specified; only the fact that they took part, if they did so.
Were they present when the objects were discussed?—Yes.
Private James Meara examined by the prosecutor: I have belonged to the 1st Battalion of the King's Regiment (8th) for five years. I have known the prisoner since August, 1865; in December, after Christmas, I met him in Hoey's public house in Bridgefoot Street. On that occasion there were also present several civilians, Fenian centres, and some soldiers. I was a member of the Fenian Society. There was to have been a rising of the Irish Fenians in the army. I was at several Fenian meetings in the month of December, 1865, at Hoey's; and in January, 1866, at Barclay's public house in James's Street; and in March, 1866, at Shaughnessy's public house at Newbridge, and also at Tunny's public house. Barrack Street, in August, 1865. At Tunny's, in August, 1865, I met William Francis Roantree, the prisoner Cranston, and several others, Baines and Rynd. At Shaughnessy's I met Baines, Doyle of the 61st, and some of the 4th Dragoon Guards. At Hoey's I met Chambers of the 61st, Wilson, Hogan, and Keatinge of the 5th Dragoons, a few of the 87th, Devoy, Williams, Rynd, and Baines. At the meeting in Hoey's in December, a rising in the army was discussed. Several men of the 61st were brought down to be sworn by Devoy and Chambers, and I saw the prisoner take an active part in the meeting. I was never arrested on a charge of being connected with the Fenian Society.
Cross-examined by the prisoner. I was last examined as a witness at Green Street. I don't know whether I was believed or not. Kearney was not tried for firing a shot at me. He was not acquitted. I was sworn a Fenian by Thomas Baines. The oath I took, as I remember, was as follows:
"I, in the presence of the Almighty God, do solemnly swear allegiance to defend the Irish republic, now virtually established, to take up arms in its defense at a moment's warning, to defend its integrity and independence; and further to exterminate the Saxon out of the land, to keep all secrets and truths commended to me, and to obey my superior officers and those placed over me." I swore to defend the Queen against all enemies.
Did you swear to fight against her?—I decline to answer that question.
The deputy judge-advocate told the witness that unless he apprehended that what he should say in reply would subject him to a criminal prosecution he should answer the question.
Witness. I understand you, sir. According to the Fenian oath I was sworn to fight against her, although in the heart I did not mean it.
After swearing to defend her, and afterwards swearing to fight against her, say candidly whether anything you swear is deserving of credit or belief?
Deputy Judge-Advocate. I think that is for the Court to infer.
Witness. I decline to answer the question. The prisoner having pressed for a reply, the court was cleared, and, on reopening, the deputy judge-advocate announced the opinion of the Court to be that the question