The Catalpa Expedition/Chapter 5

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made by the president tended to unfit him for the discharge of his duties, and he requested that they would be withdrawn.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.

The 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 was as to a matter of inference, and not to be answered by the witness.

Cross-examination continued. I was at the Curragh in March. I was sworn a Fenian in March, 1865.

When did you first give information of an intended mutiny to your commanding officer?—I decline to answer that question.

Deputy Judge-Advocate. You must answer it.

Prosecutor. Answer the question.

Witness. I gave information in March or April, I am not sure which, this year.

Cross-examination continued. I decline for the safety of the officers to say to whom I first gave information.

State under what circumstances, without mentioning names.—For the purpose of injuring the Fenians, and the leaders, and so forth, to the utmost of my power, I came forward from the motives of loyalty and love of justice.

Reëxamined by the prosecutor. I was, in fact, fired at, as I stated in my cross-examination.

By the Court. The intentions to mutiny existed in the months of January and March, 1866, and the prisoner was aware of them. I was fired at and wounded, and the persons who did it were Fenians.

Private John Abraham examined by the prosecutor. The witness being a little deaf, the questions were, by direction of the Court, read out near to him by Major Gordon. He deposed that he had been twenty-three years in the 61st Regiment. Some time since the 17th or 18th of January he met the prisoner, whom he had known close upon two years, at Hoey's public house. On that occasion there were present Private Harrington, Foley, Kenny, Priestly, Cranston, the prisoner, and Chambers, the deserter, all of the 61st, and a lot of cavalry of the 5th Dragoon Guards, and a good number of civilians, including one that he had enlisted in the 60th Rifles. Chambers shook witness by the hand and asked him how he was getting on, and he said very well, and asked Chambers how was he getting on, and he said very well, that he had drawn £10 6s. to-day, which was better pay than he had had when he was in the 61st. The prisoner and Chambers went out to the top of the stairs, and witness did not hear what passed between them.

Had you ever any conversation on the parade-ground at Richmond barracks with the prisoner in February last.—Yes, I was on the parade-ground when the prisoner, Cranston, came up to me and said, "How are you getting on, countryman? "

"Very well," said I: "Cranston, how are you getting on?" "First-rate," he said. I said, "I think things are very slow, or rather dull, this weather." "No," he said, "they are not; I think things are getting on very well, for there is going to be an outbreak in the course of two or three days, and I can destroy every rifle that is in the regiment. "Oh," said I, "that is easily enough done." Said he, "I will have a sworn Fenian to go into each room and to stuff the chambers of the nipples of the arms belonging to the soldiers who are not Fenians with fine sponge." He said that when we should be called out, we should get the word to load and the soldiers who were Fenians would fire over the heads of the civilian Fenians, and that the arms belonging to the soldiers not Fenians would then be all stopped. Of course he thought I was a Fenian at the time. At that time the sergeant-major gave the word to take up the covering, and interrupted the conversation. No other person was present at it, which to the best of my recollection took place about the 17th February. On the same evening I saw and spoke to Sergeant-Major Young of the 61st.

A few other questions having been asked the witness, the court was adjourned to this morning at half past ten o'clock.

The trial of Private Cranston was resumed yesterday morning by the court-martial sitting in the Victoria Library, shortly before eleven o'clock.

Private Abraham cross-examined by the prisoner. The last time I saw Doyle was this morning in the square of this barrack. There were five or six men present. I was enlisted in Lisburn.

Were you in the habit of going to houses frequented by Fenians?—I was after Cranston spoke to me; I don't remember when I first went to any such house. I might have been in such houses before Christmas last, but I knew nothing of their character. I saw you at the Curragh, but I can't state in whose company, as I did not look after you to see in whose company you were. It was after the depot joined headquarters. I might have conversed and drank with you there, but I don't remember if I did. I have drank with hundreds, and I don't remember every man I drank with. To the best of my belief the conversation in the canteen at the Curragh took place more than a year ago. I understood that in case of a rising the Fenians of the 61st were to fight against the Queen, when Cranston told me so. I did not when in the canteen at the Curragh understand that the object of the Fenians was to put down the Queen's government and establish a republic.

What did you then understand its object to be?—Well, I did not take any notice what it was to be then or understand anything about it. I used to hear several talking about Fenianism. I did not take any notice of it then. I was asked to become a Fenian and refused.

Why?—Why, because I thought they were no good. I thought there was harm in them. When asked to join, I had no curiosity to learn their objects. After the conversation in the canteen at the Curragh, I thought they were not loyal subjects; but when they were all talking about Fenianism, and I did not know that it might not be a humbug, I think I gave information about the conversation in the canteen at the Curragh, but I cannot answer when. My commanding officer was Colonel Redmond, and I gave him information of everything that I knew, after Cranston spoke to me about the outbreak. I reported to him in Richmond barracks, and Cranston was there then. I think that was in January. I never made any report while I was at the Curragh myself. I had always plenty of conversation that I forgot. I reported all that I remembered.

Will you swear that you ever mentioned to your commanding officer anything whatever about the conversation in the canteen at the Curragh?—No, I will not. I can swear that I reported to some officer. I cannot say whether it was the commanding officer or not.

Do not you know you never did?—No, I do not. I think I made a statement to Captain Whelan. I made no statement in writing, because I can neither read nor write.

The remainder of the testimony was largely by informers whom Cranston had induced to take the Fenian oath, and charged him with treasonable language.

Private Meara, 8th Regiment, was the principal witness against Private James Wilson, whose court-martial came in August. Meara was one of the witnesses who betrayed O'Reilly. He testified in the case of Wilson that he was a sworn member of the Fenian Brotherhood, and attended meetings at various places.

He knew the prisoner and met him about Christmas, 1865, at Hoey's public house, in Bridgefoot Street; also met a man named Williams there. The prisoner went up to Williams and said there was a body of deserters in Dublin who were kicking up a row for their pay, and Williams told him that he had paid them. Williams said that he had told the deserters to kick up a row. Corporal Chambers of the 61st was present, and Devoy. Williams and Devoy were Fenian agents, the former being occupied swearing in soldiers. He was an officer of the Fenians besides. Devoy held the same rank as Williams, and higher if anything. He heard the prisoner on one occasion speak to a man in his regiment about making prisoners of Sir Hugh Rose and the Lord Lieutenant. Civilians were present at the time. The prisoner said that Sir Hugh Rose was a more important man to make a prisoner of than the Lord Lieutenant, and that it would be easily done. A man named Hogan was there, and was dressed in civilian's clothes. Corporal Chambers was also dressed in civilian's clothes. At another public house in the month of January witness said to prisoner that his regiment would soon leave Dublin, and the latter replied that it would not leave until the green flag would be flying. I have seen a man named Barrett of the 5th Dragoon Guards, at Hoey's, and other men, whose names I don't know. Private Goggins, 5th Dragoon Guards, deposed that he was quartered in Dublin on the 17th of January, 1866. He was in a public house in Clare Lane, kept by a man named Cullen. The prisoner was there, and a man named Devoy, and another civilian who was represented as the man who was to command the Fenian cavalry when it broke out. He asked the men how they could get their horses and accoutrements out of barracks, and Wilson said by making a dash at the gate. The man said he was in command of cavalry guerrillas under General Morgan. He said that the men he commanded used to dismount and fight on foot when their swords were broken, and he asked the men in the public house if they could do so, too. Witness was in a public house in Longford, kept by a man named Hughes, in April or May, 1865. Went into the house with the prisoner; prisoner handed witness a book, and asked him "to swear to take up arms when called upon," Witness took the oath, thinking there was no harm in it. "It's all right, now," he said, "you are a Fenian, and for your own sake, as well as mine, keep it."

Witness said: "Jim, you know I have prize money to draw, and you should not have taken me in that way."

In November, 1865, the prisoner told him to meet him at Hoey's public house in Bridgefoot Street. There were two civilians in the room who spoke of expected arrivals of Americans. There was plenty of beer there, but witness paid for none of it, and saw no soldiers pay for it. The prisoner was dressed in civilian's clothes in the public house in Clare Lane.

To the Court. I did not consider myself a sworn Fenian after taking the oath I have mentioned.

Patrick Foley, late 5th Dragoon Guards, deposed that he was in Hoey's public house on the 17th of January last, and met the prisoner there. He was a deserter from the regiment. The American captain asked how many Fenians there were in the 5th Dragoon Guards, and Devoy said about one hundred. Hogan, who was a deserter, said he could give a list of the names. The American spoke of getting horses out of the barracks, and how they should manœuvre in cavalry fighting.

Wilson declined to offer any defense. As for Private Thomas Hassett, he defiantly pleaded guilty to treason.

All the men were sentenced to death, but the penalty was subsequently commuted to life imprisonment, and was finally further commuted to penal servitude.