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he requested that they would be withdrawn.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 be 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 Currag 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 manoeuvre 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.