The Catalpa Expedition/Chapter 4
CHAPTER IV
THE COURT-MARTIAL
The court-martials of the men with whom this story deals are of interest in so far as they exhibit the extraordinary efforts which were made to convict the conspirators. This is particularly striking in the case of Sergeant Darragh, who was court-martialed at Cork, February 21, 1866. In this case an informer went so far as to receive the sacrament of the Roman Catholic Church in carrying out a deception which was to result in the betrayal of those who accepted him as a friend. The notorious informer, Talbot, testified in all, or nearly all, of the cases, of the existence of the conspiracy.
The court-martial of Darragh throws light upon the details of the conspiracy as well as the methods of the spies of the English government, and inasmuch as it is an episode which has never been printed, liberal extracts from the proceedings will be given. The charges against Darragh were:—
First: "For mutinous conduct at Cork on or about the month of April, 1865, in that coming to the knowledge of an intended mutiny in her Majesty's forces quartered in Cork barracks, he did not give information thereof to his commanding officer."
Second charge: "For conduct to the prejudice of good order and military discipline in having at Cork, on or about the month of April, 1865, joined a treasonable and seditious society, called the Fenian Brotherhood, having for its object the levying of war against the Queen, and the subverting of the government of the country."
When the prisoner was brought forward he handed to the President (Colonel Shute) a memorandum, stating that he had failed in procuring the means of employing counsel for his defense, and praying the Court to permit his solicitor, M. J. Collins, to aid him in the conduct of the case. The President said that the Court granted the application.
Colonel Addison was then examined, and swore that the prisoner had never at any time informed him of any intended meeting of soldiers in Cork barracks.
John Warner, the informer, was then produced, and, in answer to questions put through the deputy judge-advocate (Colonel Nugent), deposed: I was discharged from her Majesty's service in 1857, after coming from the Crimea.
Did you receive a pension?—Yes, sixpence a day, for the period of eighteen months.
Were you wounded at the Crimea?—Yes, in front of Sebastopol, in the month of August, 1855.
Did you join the Fenian Society?—Yes.
When did you first become acquainted with J. J. Geary?—In 1864, in the latter end of 1864, after being discharged from the militia in Kinsale—the City of Cork Artillery.
Are you aware whether he had any connection with the Fenian conspiracy? If so, what was that connection?—He was connected with the Fenian Society as a centre, which means a colonel of it.
After you were enrolled as a Fenian, did Geary give you any particular instructions for your guidance after you were enrolled?—Yes.
State what they were.
Prisoner. I object to that.
The Prosecutor (Col. Lane Fox) contended that the instructions the witness received for the carrying out of the conspiracy were not hearsay, and quoted an authority in support of that view.
Deputy Judge-Advocate. This is a statement of a third party in the absence of the prisoner.
Prisoner. I object to any instructions given by Geary. The witness can state what he did in consequence of any such instructions; but any instructions given behind my back, without my knowledge, I object to.
The court was cleared, and on being reopened it was announced the question was not to be put.
Examination by the prosecutor. You say you received particular instructions for your guidance from Geary. State what you did in consequence. — I got instructions from Geary regarding the oath. I was warned three weeks before I came up to the barracks to enroll men. I was called before the meeting for not going up to the barracks.
President. State what you did.
Witness. I came up to the barracks and met Darragh outside the gate. I asked him to go down to the North Main Street with me. He went with me to the North Main Street, to Geary's. We had some drink in the inside tap-room, and during the time there I asked would he become a member of the Fenian Society, and he said yes. Then we both went out in the back yard, and I repeated the oath to him, and he did so after me. I then gave him a Catholic prayer-book. He swore on that book to be a member of the Fenian Society. Then we came in and I introduced him to Geary as a member of the society. Geary shook hands with him. He said he was very glad to have one like him enrolled. That was all at that time.
Repeat as nearly as you can the oath which you administered to Darragh?—"I (John or James, whichever the case may be), do swear allegiance to the present republic now virtually established in Ireland; that I will maintain its independence and integrity at every risk, and I will obey the command of my superior officers. I take this oath in the true spirit of an Irish soldier at liberty to free my country. So help me God."
Did you know Darragh before that?—I did, in the regiment of the depot of the 2d Queen's.
Were you ever in the 2d Regiment?—I was. I volunteered from them.
Had you any facilities for enrolling men in the barracks?—Yes. I was told off for that special purpose, and a good many of the men knew me and would not stop me going in and out of the gate.
Were Geary and the prisoner previously acquainted when you introduced them?—I could not say they were.
Did they shake hands as if they knew each other?—They shook hands as a member should be introduced, in a manner.
Did you hear Geary give any instructions to the prisoner for his guidance?—Yes. He gave Darragh instructions in my presence to go about the barracks, and find out any men that would join the society and bring men down to Geary's house, but not to deliver the oath,—to bring them to me or to himself. If I was not there he would swear him in. Accordingly he did, and the first man he brought was Butler to Geary's house.
How long was that after you swore Darragh in?—To the best of my belief from a fortnight to three weeks.
Did the prisoner say anything about any particular corps that he would work in?—Yes, he said he would wish to work in no other regiment but his own.
Did the prisoner bring any other soldier to you or to Geary to be sworn?—He took none to me but Butler. I cannot speak as to Geary.
Did you hear Geary give Darragh any instructions relative to taking the barracks?—Darragh told him the different parts, in my presence, which were weakest and the easiest to get in. He said if there were one or two men in every passage—enrolled men—they would be sufficient with a thousand outside to take it. I heard him say that much in my presence to Geary.
Did you hear Geary say anything about what was to be done to the commanders when the signal for a rising was given?
Prisoner. I object to that.
Prosecutor. When a conspiracy is proved, the act of any one applies to the whole. I am asking the witness now what was the intention of the Fenian Society. We have already received documents which do not relate exactly to the prisoner, but to the aims and objects of the society. I withdraw the question for the present.
Prosecutor (to witness). Did you hear Geary, as a member of the Fenian Society, say anything about what was to be done to the commanders when the signal for a rising was given?—The commanders, he said, were to be destroyed if they did not take the oath of allegiance to the society. Every man that did not take the oath of allegiance would be destroyed. I heard Geary say that.
Who was it said to?—It was said to Darragh, and to different other members in my presence.
Did you keep a list of the members enrolled? Yes, sir. (A book was produced, which the witness-identified as that in which he had the names of new members enrolled.)
The court adjourned.
The president (Colonel Shute) and the other officers of the court took their seats at eleven o'clock, when the trial of Sergeant Darrah, of the 2d (Queen's Own) Regiment, was resumed.
John Warner, the informer, who was under examination at the rising of the court yesterday, was again produced and gave the following further testimony:—
Are you certain that the prisoner was present when Geary said that the commanding officers were to be destroyed?—He was.
Are you quite certain?—I am.
When he said the commanders were to be killed, and all in the barracks who did not take the oath, are you quite certain that he said all the commanders who did not take the oath?
The prisoner objected to the question.
Prosecutor. Was it that the commanders especially were to be destroyed that did not take the oath of allegiance, or that every one was to be destroyed, the commanders included?—Every one, the commanders included, who did not take the oath of allegiance to the Fenian Brotherhood.
Are you able to read and write?—I can read and write a little. I can write my name.
President. Can you read print and writing?—I can read print, but not writing.
Prosecutor. Have you ever seen the prisoner at Geary's since he was sworn in, and if so, how often?—About three or four times.
Where did he generally go to when in Geary's?—Upstairs in a front room over the shop.
Is there a small room at the end of the shop on the ground floor?—There 's a small room on the left hand side before you go into the shop, and two inside that.
Did you see the prisoner go into either of these rooms, and if so, how often?—Once he went to the inside one with me, before he was sworn, the inside tap-room.
Were you ever in the prisoner's room in the barracks?—I was.
How often?—Three or four times. I took tea with him there one evening.
Who was present on those occasions besides the prisoner and yourself?—Two color sergeants of the 2d Queen's and their wives.
Their names?—I don't know their names.
Did you speak of the Fenian Society in the presence of these sergeants, and of the prisoner?—No, not in the room.
President. Did you do so in the presence of those other sergeants?—No, not at all.
Prosecutor. Can you state, of your own knowledge, what rank the prisoner held in the Fenian, Society?—Geary told him he would be a B, which I was a captain.
Do you know if Geary and the prisoner are relations?—I could not say.
Were you acquainted with Bryan Dillon?—I was.
Had he any connection with the Fenian Society, and if so, what was his rank?—He was a centre or an A, which means colonel in the Fenian Society.
Have you seen him in the company of the prisoner?—I never did.
Do you know if Bryan Dillon was tried at the Commission for being a member of the Fenian Society?—Yes.
The prosecutor then handed in a certificate of the conviction of Bryan Dillon, at the special commission, held in Cork, when he was sentenced to ten years penal servitude.
Examination continued. Do you know a man named Thompson?—Yes.
What was his Christian name?—I can't say, but he lodged at Geary's.
Was he connected with the Fenian Society, and what was his connection?—He was a B in the society, which made him a captain.
Did you ever see him in company with the prisoner?—Once in Geary's, in the front room over the shop.
Give a description of what took place at Geary's house?—A man named Donovan, from Dublin, lectured on the rifle, showing how to make cartridges, and military and field engineering.
Did you see a rifle raffled for there?—Yes.
Was it the headquarters of the Fenian Society in Cork?—It was the principal part of the city for the Fenian Society to meet in.
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JOHN DEVOY
Organizer of the Rescue Expedition
Did you make any communication to Sub-Inspector Hamilton as to how your being in the barracks could be proved?
Prisoner. I object to that question.
Prosecutor contended that the question was legal.
The court was cleared.
When it reopened, the deputy judge-advocate announced that the Court ruled the question might be recorded, but not answered.
Examination resumed. Had you any communication with Mr. Hamilton in reference to your being in the barracks with the prisoner?—Yes.
Did the members of the Fenian Society carry on drill in the neighborhood of the barracks?—In a place called the Lawneys, about a mile from the barracks.
Prosecutor. I close.
Cross-examined by the prisoner. Did you know I was in Cork until the time you say you met me outside the barrack gate?—No, I did not know you were there until then.
Did you swear, in answer to the prosecutor, that you came up to the barracks for me, which is true?—I did not come up for you in particular.
Were you in the habit of coming to the Cork barracks previous to the day you say you met me at the gate? If so, for how long?—No, I was not.
Did you come to the barracks before, and if so, how often?—I have come in before, when doing Sir John Arnott's business,—conducting it.
Were you in barracks when the last detachment of the 2d (Queen's) Regiment arrived here from England?—I could not tell; I was not aware what time they came, or what place they came from.
Did you see Corporal McKillop with me marching into Cork barracks?—I did not.
Do you know McKillop?—I do not. The first time I spoke 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 you not swear that he was a member of the 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.