Part 4 (1/2)

In the course of the trial, which was had before Chief Baron Pigot and Mr Justice Keogh, in the Commission Court, Dublin, Colonel Warren offered some few remarks on the evidence, and put some questions to the witnesses, all of which showed considerable acuhly _ad rem_ He complained particularly of the her, who had piloted the ”Erin's Hope” around the west coast of Ireland, swore to his identity as one of the party ere on board; but the prisoner contended that Gallagher's knowledge of hiaol, where Gallagher had been his fellow-prisoner for so which ti his, Colonel Warren's, na, as far as the jury were concerned, to indulge in such criticislish history, when juries could rise above the panic of the hour, and refuse to overnment, but we have fallen upon other times, and, now-a-days, to be accused of a political criainst Colonel Warren was returned as a matter of course On Saturday, Noveht up for sentence On the usual interrogatory being put to his took place:--

I claie established by precedent I have had no opportunity ofany remarks on my case, and I would noish to say a feords

THE CHIEF BARON--Just state what you have to say; we are ready to hear you

WARREN--I desire, in the first place, to explain, while ignoring the jurisdiction of this court to sentence inal position,in this case at all I can see beyond my present position, the importance of this case, and I was desirous to instruct the jury, either directly or indirectly, of the importance of their decision, while never for afrom the position which I assumed I submit that I effectually did that They incautiously, and foolishly for themselves and the country of which they claim to be subjects, have raised an issue which has to be settled by a higher tribunal than this court

PRISONER--I propose to show that the verdict is contrary to evidence

THE CHIEF BARON--I ain tell you that you are not at liberty to do that

PRISONER--I propose to answer briefly the question why the sentence of the court should not be pronounced upon e?

THE CHIEF BARON--Certainly not; but I am bound in point of law to refuse to hear you upon anythe verdict

We are bound by that verdict just as much as you are That is the law

PRISONER--What position do I stand in now, my lord? I have been indicted with a number of parties, one of whom had been identified in America I have been tried and convicted What position do I stand in now? Am I convicted on the evidence of Corydon, ears that I belonged to the Fenian Brotherhood in 1863? Does that prove that I belonged to it in 1867?

The Chief Baron then explained that what he left to the jury was, that if they believed upon the evidence that on the 5th of March the prisoner belonged to the Fenian confederacy, having for its object the deposition of the Queen, he would be answerable for the acts done by his confederates, whether he was present or absent at the time

PRISONER--You instructed the jury, at the sa the position of a colonel in '63 was sufficient corroboration of the evidence that I belonged to it in 1867

THE CHIEF BARON--I told the jury that holding the rank of colonel was evidence for their consideration, upon which to detered to the Fenian confederacy I told theot that rank if you then joined for the first ti, but in different phraseology Am I to understand that I have not liberty to address the court as to why sentence should not be pronounced upon me?

THE CHIEF BARON--You are not so to consider You are at liberty to address the court, but you are not at liberty to co

PRISONER--What can I speak on? To what can I speak, if not to so connected with my case? I am not here to refer to a church matter or any political question

THE CHIEF BARON--I have informed you e are bound to rule

PRISONER--Then I state, ainst the whole jurisdiction of this court, fron brought here forcibly, and againstconvicted on the evidence of a nated a man of the most odious character

You instructed the jury pointedly on one occasion, and subsequently you said that no respectable jury could act on his evidence, and that it was a calaovernment, to have to resort to the evidence of such adisrespectful to this eourt, but I think I may say that if I stand here as a convicted felon, the privilege should be accorded to me that has been accorded to every other person who stood here before me in a similar position There is a portion of the trial to which I particularly wish to refer That is, in reference to the oath which it was stated the pilot was forced to take on board the vessel Much importance was attached to this matter, and therefore I wish to ask you and others in this court to look and to inquire if there is any norant enough to take an ignorant man, put a pistol to his face, and force him to take an oath I ask you, in the first place, not to believe that I am such a scoundrel, and in the second that I arave, I could say that I never saw that her till I saw hih they have been, day after day, studying lessons under able masters, contradicted each other on the trial, and have been perjuring theher, in his evidence, swore that his first and second informations were false, and that he knew them to be false It is contrary to all precedent to convict a man on the evidence of a witness who ades, hundreds of ti men ere taken off the table, put into the dock, and sent to prison In this case, this poor, ignorant aol on the 1st of July He knew my name, heard it called several times, knew of the act of which I was suspected, and, on the 2nd of August he was taken away On the 12th of October he is brought back, and out of a party of forty or fifty he identifies only three If that man came on board the vessel, he did so in his ordinary capacity as a pilot He did his duty, got his pay, and left His subsequent evidence was additions With respect to the vessel, I submit that there was not a shadow of evidence to prove that there was any intention of a hostile landing, and that the evidence as to the identity of the vessel would not stand for a arded Now, as to the Flying Dutcho and on the coast of Dungarvan, in Gallagher's infor is said about the die is given, but inhis second information he revised the first

The prisoner then proceeded to argue that there was nothing to show that the vessel which had appeared in Sligo harbour was the saarvan, except the testimony of the informer, Buckley, of which there was no corroboration He also denied the truth of Corydon's evidence, in several particulars, and then went on to say--

As to the position in which I am now placed by British law, I have to repeat that I aoverned to the National Militia of America

Now, if war had broken out between the two countries, and that I had been taken prisoner, the English governh treason I would not be treated as an ordinary prisoner of war, but would be liable to be strung up at the yard arland towards the United States The Crown should not be in such haste to act thus It was hardly a judicious policy

Andrew Johnson was the grandson of an Irishman; Mr Seas the son of an Irishwoman; General Jackson was the son of an Irishton and Benjamin Franklin lived and died British subjects, if this law be correct There is another point to which I wish to refer--it is to the overnment has acted in this matter--

THE CHIEF BARON--We cannot allow you to enter into reovernment We have simply to sit here to ade