AUGUSTINE E. COSTELLO.

After the verdict had been returned against Colonel Warren, Augustine

E. Costello was put on his trial, charged with the same offence--that

of having formed cne of the invading party who landed from the "Erin's

Hope," in the neighbourhood of Dungarvan. He, too, was an adopted

citizen of the United States, and he declared that he was anxious to

follow the course that had been taken by his friend, Colonel Warren,

in reference to his trial; but, deferring to the strongly-expressed

wish of his counsel, he would leave his case in their hands. An able

defence was made for him by Messrs. Heron and Molloy, Q.C., instructed

by Mr. Scallan, Solicitor; but it was all in vain. When he was called

on to say why sentence should not be pronounced on him, he delivered

the following address in a loud tone of voice, his fresh young

face glowing with emotion as he spoke, and his manner showing deep

excitement, but withal a fearless and noble spirit:--

In answer to the question put to me by the Clerk of the Court,

I will speak a few words. I don't intend to say much, and I

will trespass on foibidden ground but as little as possible.

I am perfectly satisfied that there has not been one fact

established or proved that would justify a conscientious and

impartial jury in finding me guilty of treason-felony. There

is an extreme paucity of evidence against me;--that everyone

who has been here while this case has been proceeded with

will admit frankly and candidly. We need no stronger proof of

this fact than that the first jury that was empanelled to try

me had, after a long and patient hearing of the case, to be

discharged without having found me guilty of treason-felony.

Ah! there were a few honest men on that jury. They knew that

Augustine E. Costello was not guilty of the crime trumped up

against him. They knew I was not guilty. Mr. Anderson, sitting

there, knows that I am not a felon, but that I am an honest

man; that as such I stand here in this dock, where Robert

Emmett stood, where Robert Emmett spoke from; and the actions

and the words of that Emmett have immortalized him, and he now

lies embalmed in the hearts of the world.

The LORD CHIEF BARON--I cannot allow you to proceed in that

strain.

COSTELLO--I can say to those assembled here, and who are now

listening to me, that I stand here, branded, as I am, a felon,

but with a clear conscience. No one can point the finger of

scorn against me, and say I have sold my brother and committed

perjury. Can every man in this court house lay his hand on his

heart and say the same? Answer me, Mr. Anderson. Answer me,

Governor Price.

The LORD CHIEF BARON--You are again transgressing. You had

better stop for a moment or two; you seem to be excited.

COSTELLO--My lord, as you truly remark. I have allowed my

feelings to run away with my discretion; but it is hard for

a man to stand here, satisfied as I am of innocence, knowing

full well that I have committed no wrong; it is hard for a

man in the bloom of youth, when the world looks fair and

prosperous to him--when all he loves is in that world--it is

hard that a man should be torn from it, and incarcerated in a

living tomb. My lords, I am an humble individual; I claim no

rights but the rights that emanated from a Godhead--the rights

that were given to me at the hour of my birth. That right is

my inalienable liberty, and that no government, no people,

has a right to take from me. I am perfectly satisfied to stand

before a British tribunal to answer for acts or words of mine,

if I break any of the laws of the country; but, my lords,

you must admit that I have transgressed no law. His lordship,

Judge Keogh--I must now candidly admit that I have heard

a great deal about that gentle nan that was not at all

complimentary to him--but I say for myself that his lordship,

Judge Keogh has dealt with me in the fairest manner he could

have done. I have nothing to say against the administration of

the law, as laid down by you; but I say a people who boast of

their freedom--hold up their magnanimous doings to the world

for approval and praise--I say those people are the veriest

slaves in existence to allow laws to exist for a moment which

deprive a man of liberty.

The LORD CHIEF BARON--It is impossible for a Court

administering the law, to allow you to speak in such terms

against such law.

[Illustration: Augustine E. Costello.]

COSTELLO--I speak under correction, my lord. You must, if you

please, be assured that I do not attribute any wrong to

your lordships--far be it from me; I acknowledge and again

reiterate that. So far as the law is concerned, I have had a

dose that has almost killed me; but if there was a little--a

very little--justice mixed in that law, I would not be now

addressing your lordships. Of the law I have had sufficient,

but I have come to the conclusion that justice is not to be

found inside a British courthouse. My lords, I complain, and

grievously, of what my friend Colonel Warren and my friend

General Halpin complained of--of being tried in this Court

as a British subject; and I think your lordships will not

reprimand me much for that expression. I left the shores of my

native land--Ireland is the land of my birth, and I am proud

to own it. I am proud to say that I am an Irishman, but I am

also proud and happy to state that I am an adopted citizen of

the United States; and while true to the land of my birth, I

can never be false to the land of my adoption. That is not

an original phrase, but it expresses the idea which I mean to

convey. Now, my lords, my learned and very able counsel, who

have conducted my case with the greatest ability and zeal, and

of whom I cannot speak in terms of sufficient praise, demanded

for me a jury half alien. I was refased it. I was born in

this country, and I was, while breath remained in my body, a

British subject. In God's name--if I may mention His holy name

without sufficient reasons--what affection should I have for

England? You cannot stamp out the instincts that are in the

breast of man--man will be man to the end of time--the very

worm you tread upon will turn upon your feet. If I remained in

this country till I descended to the grave, I would remain in

obscurity and poverty. I left Ireland, not because I disliked

the country--I love Ireland as I lovs myself--I left Ireland

for the very good and cogent reason that I could not live in

Ireland. But why could I not live here? I must not say; that

would be trespassing. I must not mention why I was forced to

leave Ireland--why I am now placed in this dock. Think you,

my lords, that I would injure a living being--that I would,

of my own free accord, willingly touch a hair upon the head

of any man? No, my lords; far would it be from me; but that

government which has left our people in misery--

The LORD CHIEF BARON--I cannot allow you to trespass on

political grievances.

COSTELLO--I am afraid I am occupying the time of the court

too much, but really a man placed in such a position as I now

occupy, finds it necessary to make a few observations. I know

it savours of a great deal that is bad and foul to be mixed

up with Fenian rebels, assassins, and cut-throats. It is

very bad; it is not a very good recommendation for a young

man. Even were that fact proved home to me--that I were a

Fenian--no act of mine has ever thrown dishonour on the name.

I know not what Fenian means. I am an Irishman, and that is

all-sufficient.

The prisoner then proceeded to criticise the evidence against him

at considerable length. He declared emphatically that one of the

documents sworn to be in his handwriting was not written by him. He

thus continued:--

Your lordships are well aware that there are many

contradictions in the informers' testimony, and now here is

a matter which I am going to mention for the first time.

Corydon. in his first information at Kilmainham, swears that

he never knew me until he saw me at a Fenian pic-nic, and this

he modifies afterwards by the remark, that any man would be

allowed into these pic-nics on the payment of a certain sum.

I did not pay much attention to what the fellow was saying

about me, as I thought it did not affect me in the least; but

this I can distinctly remember, that Mr. Anderson, jun.--and

he is there to say if I am saying anything false--said that

the evidence of Corydon did not affect any one of the six

prisoners put in this dock but another and myself. It _is_

very strange if that was said by Mr. Anderson. He knew

that there was nothing more to be got out of Corydon,

the informer--that he had told everything he knew in his

information, but on pressure there was found to be a little

left in the sponge. They refreshed his memory a little, and

he comes to think that he saw Costello at a meeting in

814 Broadway I think he gives it. And here is a singular

occurrence--that Devany, who never swore an information

against me, comes on the table and swears that he also saw me

at 814 Broadway Here is one informer striving to corroborate

the other. It is a well-known fact that these informers speak

to each other, go over the evidence, and what is more likely

thin that they should make their evidence to agree--say, "I

will corroborate your story, you corroborate mine." By this

means was it that the overt acts of the 5th of March, which

took place at Stepaside, Glencullen, and Tallaght, were

brought home to Costello--a man who was 4,000 miles away,

and living--and I say it on the word of a man, a Christian

man--peaceably, not belonging to that confederation. I did

not belong to the Fenian Brotherhood for twelve months before

I left America, if I did belong to it at any other time, so

help me God! God witnesses what I say, and he records my words

above. It is a painful position to be placed in. I know I am

a little excited. Were I to speak of this matter under other

circumstances, I would be more cool and collected. Were I

conscious of guilt--did I know that I merited this punishment,

I would not speak a word, but say that I deserved and well

merited the punishment about to be inflicted upon me. But,

my lords, there never was a man convicted in this court more

innocent of the charges made against him than Costello. The

overt acts committed in the county of Dublin, admitting

that the law of England is as it was laid down by your

lordship, that a man, a member of this confederacy, if

he lived in China, was responsible for the acts of his

confederates--admitting that to be law, I am still an innocent

man. Admitting and conceding that England has a right to try

me as a British subject, I still am an innocent man. Why do I

make these assertions? I know full well they cannot have any

effect in lessening the term of my sentence. Can I speak for

the sake of having an audience here to listen to me? Do I

speak for the satisfaction of hearing my own feeble voice? I

am not actuated by such motives. I speak because I wish to

let you know that I believe myself innocent; and he would be

a hard-hearted man, indeed, who would grudge me those few

sentences. Now, my lord, I have observed I did not belong to

the Fenian confederacy in March of this present year. I did

not belong to the Fenian confederacy anterior to the period

that Corydon and Devany allege that they saw me act as centre

and secretary to Fenian meetings; that, anterior to that

period, I never took act or part in the Fenian conspiracy up

to the period of my leaving America. Does it do me any good to

make these statements? I ask favours, as Halpin said, from

no man. I ask nothing but justice--stern justice--even-handed

justice. If I am guilty--if I have striven to overthrow the

government of this country, if I have striven to revolutionize

this country, I consider myself enough of a soldier to

bare my breast to the consequences, no matter whether that

consequence may reach me on the battle-field or in the cells

of Pentonville. I am not afraid of punishment. I have moral

courage to bear all that can be heaped upon me in Pentonville,

Portland, or Kilmainham, designated by one of us as the modern

Bastile. I cannot be worse treated, no matter where you send

me to. There never was a more infernal dungeon on God's earth

than Kilmainham. It is not much to the point, my lord. I will

not say another word about it. I believe I saw in some of the

weekly papers that it would be well to appoint a commission to

inquire--

The LORD CHIEF BARON--I cannot allow you to proceed with that

subject.

COSTELLO--I will not say another word. I will conclude now.

There is much I could say, yet a man in my position cannot

help speaking. There are a thousand and one points affecting

me here, affecting my character as a man, affecting my life

and well-being, and he would be a hard-hearted man who could

blame me for speaking in strong terms. I feel that I have

within me the seeds of a disease that will soon put me into

an early grave, and I have within my breast the seeds of a

disease which will never allow me to see the expiration of my

imprisonment. It is, my lord, a disease, and I hope you will

allow me to speak on this subject, which has resulted from

the treatment I have been subjected to. I will pass over it as

rapidly as I can, because it is a nasty subject--Kilmainham.

But the treatment that I have received at Kilmainham--I will

not particularize any man, or the conduct of any man--has

been most severe, most harsh, not fit for a beast, much less

a human being. I was brought to Kilmainham, so far as I know,

without any warrant from the Lord Lieutenant. I was brought on

a charge the most visionary and airy. No man knew what I was.

No one could tell me or specify to me the charge on which I

was detained. I asked the magistrates at Dungarvan to advise

me of these charges. They would not tell me. At last I drove

them into such a corner as I might call it, that one of them

rose up and said, with much force, "You are a Fenian." Now, my

lords, that is a very accommodating word. If a man only breaks

a window now he is a Fenian. If I could bring, or if I had

only the means of bringing, witnesses from America, I would

have established my innocence here without a probability of

doubt. I would have brought a host of witnesses to prove that

Costello was not the centre of a circle in 1866. I would

have brought a host of witnesses to prove that he was not

the secretary of a circle--never in all his life. My lords, I

speak calmly, and weigh well, and understand every word that

I say. If I speak wrong, time will bring the truth to the

surface, and I would sooner have fifteen years added to my

sentence than that any man might say I spoke from this dock,

which I regard as a holy place, where stood those whom I

revere as much as I do any of our saints--

The LORD CHIEF BARON--I cannot suffer you to proceed thus.

COSTELLO--I would not speak one word from this dock which I

knew to be other than truth. I admit there is a great deal of

suspicion, but beyond that there are no facts proved to bring

home the charge against me. What I have stated are facts,

every one of them. Now, my lords, is it any wonder that I

should speak at random and appear a little bit excited. I am

not excited in the least. I would be excited in a degree were

I expressing myself on any ordinary topic to any ordinary

audience. It is my manner, your lordships will admit, and

you have instructed the jury not to find me guilty, but to

discharge me from the dock, if they were not positive that

I was a Fenian on the 5th March. I believe these are the

instructions that his lordship, Justice Keogh, gave to the

jury--if I were not a Fenian on the 5th March, I was entitled

to an acquittal. Well I was not a Fenian at that time. I say

so as I have to answer to God. Now, to conclude. I have not

said much about being an American citizen. For why? I am not

permitted to speak on that subject. Now, as Colonel Warren

remarked, if I am not an American citizen, I am not to be held

responsible, but to the American Government. I did not press

myself on that government. They extended to me those rights

and those privileges; they said to me, "Come forward, young

man; enrol yourself under our banner, under our flag; we

extend to you our rights and privileges--we admit you to the

franchise." I came not before I was asked. The invitation

was extended to me. I had no love then, and never will have,

towards England, and I accepted the invitation. I did forswear

allegiance to all foreign potentates, and more particularly

I forswore all allegiance to the Crown of Great Britain. Your

lordships say that the law of the land rules that I had no

right to do anything of the kind. That is a question for the

governments to settle. America is guilty of a great fraud if I

am in the wrong.

The LORD CHIEF BARON--I cannot allow you to proceed in that

line of argument.

COSTELLO--I will take up no more of your time. If I am still a

British subject, America is guilty.

The LORD CHIEF BARON--I cannot allow you to refer either to

the American people or to the American government.

COSTELLO--Would you allow me to state they enticed me from my

allegiance to England; therefore she (America) is guilty of

high treason?

The LORD CHIEF BARON--We cannot allow you to speak on that

subject.

COSTELLO--I will conclude, then. I have nothing to say further

than to thank your lordships for the latitude you have given

me in these few remarks, and also to thank your lordships for

your kindness during my trial. I know you have done me every

justice; you did not strain the law against me; you did

everything that was consistent with your duty to do, and

I have nothing to complain of there. I must again thank my

learned and able counsel for the able, zealous, and eloquent

manner in which they defended me. I am at a loss for words

to express the gratitude I owe to each and every one of those

gentlemen who have so ably conducted my case. Now, my lords,

I will receive that sentence which is impending. I am prepared

for the worst. I am prepared to be torn from my friends, from

my relations, from my home. I am prepared to spend the bloom

of my youth in a tomb more dark and horrible than the tomb

wherein the dead rest. But there is one consolation that

I will bring into exile, if I may so call that house of

misery--a clear conscience, a heart whose still small voice

tells me that I have done no wrong to upbraid myself with.

This is the consolation that I have,--that my conscience

is clear. I know it appears somewhat egotistical for me to

speak thus, but it is a source of consolation for me that I

have nothing to upbraid myself with, and I will now say in

conclusion, that if my sufferings can ameliorate the wrongs or

the sufferings of Ireland. I am willing to be offered up as a

sacrifice for the good of old Erin.

* * * * *

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