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.

Cork, Thursday, February 22d.

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 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.

Do you recognize this book (book produced), and if so, state what you used it for?--This is the book on which I swore in Darragh and different other members besides.

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 Darragh 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