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.
[Illustration: JOHN DEVOY
Organizer of the Rescue Expedition]
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
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
instructions 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.