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have occurred from the magistrate not taking down all the witness said. In the information of the 15th June you state, "I asked him where he was from; he said from Spain, and bound to Glagow, with fruit ?"—Yes, that's where it is.

In your informations of the 12th of October you state, "I remember a Friday, near. the end of May last; I saw on that day a brigantine coming from Sligo bay; I had noticed her on the previous day; on the Friday I was in a row-boat, looking out as a pilot, when I saw her"

WITNESS. That's in the wrong place there; I saw her on Thursday, and I boarded her on Friday. I was on shore at the time.

The CHIEF BARON. After stating that you agreed to pilot the vessel for two guineas, you proceed to say, "The brigantine seemed to be about 180 tons burden; I cannot say about what length she was; she was about 20 or 25 feet beam. I asked the name, but the man in charge would not tell me. I could not get the name of the captain."

The PRISONER. In his statement of the 15th June, my lord, he swears positively, “I did not ask her name, nor did I hear it; I did not hear or ask the captain's name, who was said to be on shore, nor did I hear it. I did not hear or ask the name of any man on board." So that in almost every line he contradicts himself.

The CHIEF BARON. You state in your information of the 15th June, “I did not ask her name, nor did I hear it; I did not ask the captain's name, who was said to be on shore, nor did I hear it ;" while in your informations of the 12th October you say, "I asked her name, but the man in charge would not tell me"-how do you reconcile these two statements?-I told the magistrate that I did not see the name of the vessel, and that even if I did I would not be able to read it, as I was no scholar; and that I had to leave the vessel without the name of her, or of the captain, and without my pilotage.

You are asked how you reconcile these two statements-on the 15th June you swore that you did not ask the name of the vessel, nor did you hear it, and that you did not ask the captain's name, nor did you hear it; while on the 12th October you swore that you asked her name, but the man in charge would not give it.-In my report to the magistrate, I said that I could not see her name, and that if I did I could not read it; and that I could not get the name of the captain, as he was on shore.

[Page of report No. 59.]

How is it that you say in one instance that you did ask for the vessel's name, and in the other that you did not ask it?-It may be put down wrong.

You stated that it was in the evening you saw the vessel?-Yes; the evening before. Were you then on shore?--I was.

When you saw her the second time where were you; were you on shore also?—Yes, on shore.

How is it that in your information of the 12th October you swore "On the Friday I was in a row-boat, looking out as a pilot, when I saw her?"-That is wrong; I never reported that. I reported that I was on the lookout for the vessel on Thursday; that on Friday morning I saw her coming out from Sligo bay, that I pulled out with six men and went on board of her.

Is it not the fact that you were in a row-boat when you saw her?—I was on shore. And not in a row-boat?-We pulled out in a row-boat.

What do you mean by saying that you went to two places on the Donegal shore for the purpose of seeing whether any of the coast-guard men would come out?—The reason is that when I saw these men swear me in the vessel, I knew I could not give fair evidence or report, and I could not get out of the vessel.' I thought the coast-guard men would come out and take me on shore.

That they would come for the purpose of taking the vessel?-For the purpose of taking me away.

The PRISONER. I would call your lordship's attention to the first information, where he says that he met two coast-guard men, to whom he told all he knew.

The CHIEF BARON. Did you intend to tell the coast guard in case they came out, why you wished to leave the vessel ?--I knew that if they came out they would know if there was anything wrong with the vessel.

Did you expect the coast-guard men to come out and take you from the vessel ?—I thought it was strange that they did not go out in a boat, as it was their business to do. Was it to get yourself safe from it you wished them to come out?-It was,

Would you not tell them what happened, if they came out ?-Perhaps I would not tell them, as I had sworn a solemn oath in the cabin.

You stated in a part of your evidence that "I got the vessel on small canvas; I reached her in towards Mullaghmore station of coast guard as near as I could, when I thought I could not give fair evidence if I was taken up;" what do you mean by that?-When I was sworn not to report the vessel, I thought I would reach her close to the shore, and that the coast-guard men would come on board and would know what was the vessel. Did you intend to give them fair evidence, or report as you call it, in case they did come on board ?-No.

What do you mean by saying that you could not give fair evidence?—I didn't say that.

[Page of report No. 60.]

That is what you did say-What do mean by it?—I thought that if the coast-guard men came out they would take myself out of the vessel.

What do you mean by saying you could not give fair evidence?-Because I was sworn not to report or tell anything I had seen.

Had you expected the vessel to come previously to your boarding her?—No.

Had you heard nothing about her?—Nothing since I was born. There is not a pilot on shore that can pilot a vessel along that coast with me; I have saved life and property there for the last 25 years.

The PRISONER. There is one point, my lord, I would especially call your attention to, and that is, that when leaving this imaginary vessel he says he met two-coast guard men, to whom he says he told all he knew; yet he swears now that he never told them a word about the vessel, or what was done on board.

WITNESS. I beg your pardon. I told them what I was, and they said, "I suppose you were on board the schooner that was sailing about?" I told them that I was. I thought it was their duty to go and see after it.

The PRISONER. I say that the man who is guilty of being a suborner of perjury, as has been done here, should be in the dock where I now am.

The CHIEF BARON, (to witness.) Where have you been since your informations were taken ?-Is it the first report?

The second?-I was taken to jail, away from my family.

When was that?-I was only three weeks at home, when I was taken to Lifford jail, and afterwards to Dublin.

Was that before the informations you made in October?-No; after it.

Where were you in October-how long were you in jail?-Six or seven weeks.

How long were you there after you swore your first information in May ?-About three weeks.

Were you in jail when you made your second information?-No. Three days after I was in Sligo jail identifying the men, I was arrested.

From that time to this you were in jail, were you?—No.

How long were you there?-I am not sure.

The PRISONER. He was in Kilmainham jail with me for five or six weeks. He was brought there afterwards to identify me.

The CHIEF BARON. How long were you in jail-were you in jail when you made your last information, on the 12th October?-I was.

How long after that did you leave the jail?-Four or five days after. I made my report before I got out of it.

How long is it since you left jail?-That's the thing I can't say.

Is it a week ago?-I was in jail when I came to see them.

When did you leave it ?--I am out of jail, as near as I can go, nine or ten weeks. How long were you in jail?-Six or seven weeks.

[Page of report No. 61.]

The PRISONER. He was brought to Kilmainham, my lord, and put in the same yard with me, where he heard my name called several times, and knew I was the party. He afterwards was taken away, and brought back again to identify me.

The CHIEF BARON. Were you in jail with the prisoner?-I was.

The PRISONER. And in the same yard?-I was.

The CHIEF BARON. Were you taken away from jail before you swore your last information?-Yes.

How long after you were taken from jail did you swear it?-Two months.
Were you told you would gain anything by making that information?-No.
Were you told you would be let out if you made that information?—No.

The PRISONER. The presumption is that if there were 20 men on board this imaginary vessel they would get two out of that large crowd to come here; but it is better they put up a man without brains. They have not a foot to stand on, I submit to the whole world.

The CHIEF BARON. Have you anything else you wish to ask this witness?

The PRISONER. No; I don't admit the jurisdiction of this court, and it was only for the sake of law and justice that I asked your lordship to analyze his evidence. I beg to return your lordship my most sincere thanks for doing so.

The CHIEF BARON. You are under no obligations in the world to me. I have only to do justice between you and the Crown.

JAMES NOLAN, examined by Mr. LONGFIELD Q. C.:

The witness, on coming on the table, said: I decline to give evidence.

Mr. LONGFIELD. On what ground? What is the reason?-I got my liberty some time ago to leave the country, and I have been brought back again, not of my will. I was taken prisoner in Liverpool and brought back.

Do you think it would injure you to give evidence?—I think it would.

Swear first, and then you can decline to give evidence when I ask you any question that you don't wish to answer.

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(The witness was then sworn.)

The PRISONER. I protest against this man being compelled to swear and to give

evidence.

The CHIEF BARON. The law requires that he shall be sworn, but it is my duty to tell you (to witness) that you are not bound to answer any question that may criminate yourself-that is, that may expose you to a prosecution.

WITNESS. I decline, sir, coming on the table at all.

[Page of report No. 62.]

The CHIEF BARON. You are bound to come on the table, and you are bound to be sworn, but you are at liberty to withhold any answer which would give the grounds of a prosecution.

Mr. LONGFIELD. What is your name?-Daniel Coffey.
Have you gone by any other name?-James Nolan.

Are you a native Irishman?—Yes.

Did you go to America some years ago?--I did, sir.

The CHIEF BARON. You are not bound to give any answer that may criminate yourself. You are bound to state everything that is not calculated to criminate you. You are not bound to state anything that may.

Mr. LONGFIELD. I assure your lordship that I don't wish to get him to answer any question that might criminate himself.

The CHIEF BARON. I am quite certain of that, Mr. Longfield; I know you would be the last man to do it.

Mr. LONGFIELD. I have not asked any question, that could do so, but I am now about to ask a question of a different character. (To witness:) Did you at any time, when in America, become a Fenian?-I decline to answer.

Did you at any time in this year become a seaman, or go on board, in any capacity, a vessel called the Jackmel?-I decline to answer, sir.

Did you suffer from any wound lately?--I decline to answer, sir.

Mr. LONGFIELD. Does your lordship think I cannot go any further?

The CHIEF BARON. Certainly.

Mr. LONGFIELD. I am bound to admit that, if he claims protection, I cannot go any further.

The CHIEF BARON. These three questions show that the examination cannot be proceeded with.

JOHN HAUGHEY examined by Mr. MURPHY, Q. C.:'

Where do you live?-Donegal.

What are you?-A laboring boy.

Do you know Michael Gallagher, the pilot ?-I do.

Do you recollect on a Friday in May last going into a row-boat with him?-Yes.

What other men were in the row-boat with you?-Pat. McGehen, Pat. Gallagher, John Byrne, James Brown, and Patrick Byrne.

Where did you get into the row-boat?-At the quay of Towney.

Is that in the county of Donegal?—Yes.

Where did you row out to?-Mullockmore.

Did you go to any vessel there?—Yes.

Who went on board the vessel first?-Michael Gallagher, the pilot.
Did you go on board?-I did, sir.

How many of the other men went on board with you?-Three men.

[Page of report No. 63.]

About what hour in the day was it that you went on board?-About 12 o'clock.

How long did you stay on board the vessel?-About an hour and a half?

Where did you stay the time you were on board the vessel?—At the rail.

Did you go below at all?-No, sir.

The CHIEF BARON. Did you go anywhere to warm yourselves?—I did, sir; to the galley-house.

Mr. MURPHY. Did you see, while you were on board, where Michael Gallagher went ?— He went to the cabin.

Did you see who took him there?-No.

Did you see was there any person with him when he went down?-I was the third man that went aboard.

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Was it immediately that you got on board you saw Gallagher going down to the cabin-He was down when I went on board.

The PRISONER. This witness was in court during the examination of Gallagher, and heard every word he said.

The CHIEF BARON. That should not have been. The usual course is to have the witnesses out of court.

Mr. MURPHY. There is no rule on the subject, my lord.
The CHIEF BARON. No rule, but it is the usual course.
Mr. MURPHY. Unless your lordship makes an order-

The CHIEF BARON. I make no order; but I know, both as prosecutor and judge, that it is the practice.

Mr. MURPHY, (to witness.) How long after you went on board did you see him coming out of the cabin? He did not come up until I was just leaving.

How many men did you see on the deck of the vessel ?-I did not see past seven men. Did you see who was in command of the vessel?-No.

Did you know the name of the vessel, or learn it whilst you were on board?-No. Did you see or know what the vessel had on board-what cargo-No.

About what place did you land when you came ashore from the vessel; did you come to the same point you left?—I did.

Did you leave Gallagher on board?—Yes.

When did you next see Gallagher after that?-Two days after that.

The CHIEF BARON, (to prisoner.) Is there anything you wish to suggest, or to ask this witness?—No, my lord.

DANIEL JONES examined by Mr. BEYTAGH:

Where do you live?-Mount Edward, county Sligo.

Do you know the strand of Streeda?-I live convenient to it.

Do you take sea-weed there?—Yes.

Do you remember the morning of the 25th May last?—I do, sir.
Did you go down to the strand of Streeda that day ?—I did.

[Page of report No. 64.]

When you got to the strand did you see any one?-As I was going along for sea manure two wounded men were lying on the sand. I asked them what brought them there, and they said they came in at 12 o'clock that night.

The CHIEF BARON. I do not think the conversation between these men is evidence here.

Mr. BEYTAGH. In consequence of what they said to you, what did you do?-They asked me to go for a horse and cart.

Did you go?-I went to a man convenient-Michael Broom.

Did you get a horse and cart from him?—I did.

Were the men lying down?-They could not move at all.

When you came back were they there still?-Yes.

Where were they wounded?-Öne of them was wounded in the knee, and the other in the ankle.

What did you do with the wounded men when you came back?—The coast guards came down and put them on the cart.

Where were they taken to ?-To Mr. Jones's.

Did you go with the cart and men to Mr. Jones's?-No.

You left them in the hands of the coast guards?—Yes.

The CHIEF BARON. Do you know the name of the coast guards?-The name of one of them is Burke.

The CHIEF BARON, (to prisoner.) Do you suggest anything to ask this witness?—Ask him, my lord, how far Milk Harbor is from Streeda.

The CHIEF BARON, (to witness.) How far is it from Streeda to Milk Harbor?-About a mile, sir.

How far is it from Milk Harbor to the place where the men were on the strand?—A mile, sir.

Anything more? (to prisoner.)—No, my lord.

JOSEPH CLARKE examined by the ATTORNEY GENERAL:

I believe you are a coast-guard man?—Yes.

At Streeda?-Yes.

Do you remember May last?—Yes.

Do you remember meeting Gallagher, the pilot?—Yes.

The CHIEF BARON. What date?-The 25th May.

The ATTORNEY GENERAL. What hour of the day?-About 2.15 a. m.

The PRISONER. My lord, this witness was also in the gallery during the examination of Gallagher.

The CHIEF BARON, (to witness.) Were you ?—Yes.

That does not make him inadmissible.

The ATTORNEY GENERAL. Had you any conversation with Gallagher?—Yes.

After you saw him did you meet anybody else?—Yes.

Did you know the man you met?-He gave me no name at the time; he was a stranger to me.

Had you some conversation with him?-Yes.

The CHIEF BARON. Do you now know who he was?-Yes.

The ATTORNEY GENERAL. I don't ask you what he said, but did you take him into custody?—Yes.

[Page of report No. 65.]

Where did you take him to?-The coast guard watch-house, near Streeda.

When you were in the station were any persons brought in there?—Yes; two wounded men.

Where were they wounded?-One through the thigh, and the other in the ankle. Would you know either of these wounded men?-I won't be too positive.

Would you know the man you took into custody?—I think I would.

Do you see the man you took into custody?—That is he there. (The witness pointed to a man in the dock.)

The PRISONER. Were you in the court when Gallagher identified these men ?—I don't know; but I would know that man.

The CHIEF BARON. Was that the man you took into custody?—Yes.

The CHIEF BARON. Who is that man?

The ATTORNEY GENERAL. Patrick Nugent, my lord. (To witness.) Do you see either of the wounded men in court?-I think that one there, but I won't swear positively to him. They were lying down in the station while I was there.

The CHIEF BARON. That is Coffey, I think.

The ATTORNEY GENERAL. Yes, my lord. (To witness.) Did you observe any ship cruising off the coast that morning?—I saw a small speck at daylight out in the offing, and we could not make out what she was.

Did you see a vessel cruising there the day before?-Yes.

On the 24th ?—Yes.

What kind of a vessel was she?-A brigantine.

Did you remark anything about her rigging ?-She had a double topsail yard rigging. Was she near shore when you saw her on the 24th ?—At 4 o'clock in the morning she was about two miles off Streeda station.

The CHIEF BARON, (to prisoner.) Do you suggest anything to ask this man?

The PRISONER. What did Gallagher say to him, or what did he say to Gallagher ?
The CHIEF BARON. I think you are entitled to have that asked.

The ATTORNEY GENERAL. Had you any conversation with Gallagher?—I had.
What direction was he coming in?-From Streeda shore.

Was he walking or running?-Walking.

He said he

What did you say to him when you met him?--I asked him who he was. was a pilot. I asked him where he came from. He replied that he was landed from a brigatine. I asked him was she the topsail-yard brigantine. He said she was. I asked him what she was. He said she was a Spanish vessel from Spain, bound to Glasgow. I asked him what cargo, and he said he did not know. He told me he was out fishing, [Page of report No. 66.]

and he boarded her. He was asked to take her into Killybegs, and when north of Killybegs he got orders from the man on board not to enter that harbor. He then stood over towards Streeda shore.

That is what Gallagher said?-Yes; and he said that one who was the captain or mate, or whoever was in charge, said they would land the pilot and proceed to Glasgow themselves.

Did he say anything more to you?-No, he did not.

He said nothing about wounded men ?—No.

Nothing about the captain?-No.

And nothing about remuneration?-No.

There is nothing else in the information.

The CHIEF BARON. He did not tell you anything about what happened to him in the vessel?-No; that is all he told me.

The CHIEF BARON, (to the prisoner.) Is there anything else you would suggest?
The PRISONER. That is all, my lord.

BERNARD BURKE examined by the SOLICITOR GENERAL:

Are you one of the coast guard at Streeda?—Yes.

Do you remember the 25th of May last?-Yes.

Were you on duty on that morning on the shore?—I was.

What day of the week was it?-Saturday morning.

About what o'clock did you observe anything from the shore?-Between 5 and 6.

And what did you observe?—I observed a horse and cart going down to the shore,

and on arriving there I met another man, a civilian, and two wounded men on the sand banks.

Did you go down after the horse and cart?—Yes.

The CHIEF BARON. What way was it going?-In the direction of where the wounded men were found.

You said you found there were two wounded men on the sand?-No; I did not say that.

Upon arriving at the shore you got another man, a civilian, and two wounded men lying on the sand banks?-Yes.

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