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first become acquainted with John O'Mahony? The middle of October, 1863.— Where did you meet him first? I first met him in his own office in New York. -What brought you there? I became acquainted with a man named Devine on board the steamer from Queenstown to New York, who had a letter for O'Mahony; he told me to come along with him to the office, which I did, and saw him deliver the letter in my presence.-Did you keep up an intimacy with John O'Mahony after that? No.-How often have you seen John O'Mahony in your life? Twice, to my knowledge.-How long did the interview with John O'Mahony last, the first time you saw him? I should say about fifteen minutes.— When did you see him next? On the 28th of October last, in New York.What brought you to see him then? To see him write.-Who sent you? The British Consul, Edward Mortimer Archbold.-Where did he live? He lives in No. 14, Broadway, to the best of my knowledge. Great Britain takes the Poles occasionally under her protection; where did he pick you up? I was acquainted with Mr. Archbold; I made his acquaintance first about six months after I arrived in New York.-What brought you to see him? I went to him about this letter of Devine.-You were hard up and wanted some money? No, sir.Did he give you any money? Not at that time.-Did he afterwards? He did. How much? I cannot tell.-It was so much you cannot tell? I cannot tell. -Do you mean to say you are not able to tell? I am not able to tell.-He gave you a good round sum? I cannot tell.-Was it dollars or gold? In dollars.In gold or silver? No, in greenbacks. He wanted you, in point of fact, to identify John O'Mahony's handwriting? He wanted me to identify the handwriting. Did you want him to employ you? No.-What did you say to him? I did not say any thing to him; he asked me if I knew the handwriting.-When did you see the British Consul again? I think two or three months afterwards; by invitation. I left him my address. Did he tell you to go and see O'Mahony writing? He did.—And then you went and saw John O'Mahony writing? I did. -Where did you see him? I saw him at 22, Duane-street; the interview lasted fifteen or twenty minutes; that was the second interview I had with him. I did not ask to see him write; I had a letter to him which I wrote myself.—In whose name? I don't know the name.-A false name? I cannot tell you whether it was a false name or my own name.-On your oath, in whose name was the letter? I cannot tell.-Do you mean that you don't know in whose name the letter was? I swear that I cannot tell; I forget the name; I believe it was Herman Schofield. You forget the name in which you wrote? I forget the name in which I wrote.-How long is that ago? It is not long ago; it was on the 20th of October.-What was the letter about? Asking him to send me some bonds-Irish bonds.-You represented yourself as a purchaser of Irish bonds. Did you represent yourself as a friend of Ireland? No, I delivered the letter to John O'Mahony as if some one had sent me.--And that was for the purpose of enabling you to see John O'Mahony write? That was for the purpose of enabling me to see him write.-Did the British Consul tell you to do that? He did. Then it was the British Consul suggested to you that you should write the letter and call on John O'Mahony? Yes. What did he say to you? When I had the last interview with him he asked, "Are you acquainted with the handwriting of John O'Mahony ?" I said, "I am." He said, Can you swear to his handwriting?" I said I could not positively swear, though I knew it very well, because I had not seen him write, though I had seen his handwriting. He said, "Could you manage to see him write?" I said I could. He asked me what way. He suggested one way, and I suggested another way to see him

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write. I went with the letter, which I wrote on purpose to wait for an answer. I delivered it to himself to see him write, so that I should be able to say that it was his writing that I had seen before.-Was it the British Consul, in point of fact, who suggested that you should write that letter? I cannot tell, because it was suggested by me and him. I saw John O'Mahony write in the office. I saw him write before, but I had not his handwriting in my hand. I saw him write this time again. Then the British Consul sent you to this country. Do you intend to go back to America? Yes. Did you say in the police-office you were a citizen of America? I explained what I meant by a citizen.-You are not a naturalized citizen? No; I have lived in America altogether about two years; in America I have translated four languages for a publishing office, and worked as a compositor and a reader. I knew some members of the St. Patrick's Brotherhood in this country, but I was not a member of the society.-Did you ever say in Roe's office that if you got money you would go to Russia to shoot the Emperor? On my oath I never made use of such an expression or any thing like it to any person. I never said I would do any thing for money.-Look at that letter [letter handed to witness].

Mr. Murphy: Was that the letter you saw John O'Mahony write? That is the one he wrote in my presence and gave to me.

Mr. Dowse: Do you profess any religion at all at present? I do; the Protestant religion-Were you ever a Jew? I was born of Jewish parents.-Did you ever profess the Jewish religion? Nominally.-Are you what is called a converted Jew? You may call it so.

Patrick Power, an informer, examined by Mr. Barry, Q.C.-I am from Clonmel. I was sworn in a Fenian by a man named Sweeny. The substance of the words, as far as I can recollect, were to take up arms when called upon, and to establish an Irish Republic, and to be obedient to superior officers. He said 200,000 men were expected from America. B's mean captains, and C's mean sergeants. I came to Dublin last September. I went to the "Irish People" office. I was sworn. I brought a letter with me from the man who swore me in. I gave it to Nagle.-What did you do with the letter? I gave it to Nagle, the person who was examined as the witness here. I called at the office again next day and remained in Dublin until Saturday.-Do you remember going any where on Friday evening? Yes. Nagle brought me to a house, but I do not know where. Whom did you see there? A young man was walking up and down the floor before I saw any one; a man who was pointed out to me as the captain came in after.-Did the captain say any thing to you? He shook hands with me, and asked for a pipe and smoked it.—What kind of a man was he? A fair-haired man with beard on his chin.-Do you know what his name is? I understood it was Stephens.-What did he say to you? He brought me into another room and asked me how things were going on in Clonmel. I said they were going on slack, and that that was what brought me up. He then wrote a letter, gave it to me, and told me to read it for a number of B's in Clonmel. ---Did you say any thing to him? I told him that there were some presents expected by me. Did you say what they were? I said either rifles, pikes, or pistols.-What did he say? He said he would give an order for fifty.-Do you know what was in the letter? I do not; I never opened it.-When he said he would give you fifty did he do any thing? He gave me the order for fifty. After that I went with Nagle to Moore's house in Great Britain-street, where there were two men, one of whom was a man named Morris.-Did you get any thing there? I did; I got fifty pikes, which I took to Clonmel. When you

saw the man pointed out to you as the captain, did you drink any thing that evening? I did, I was drunk afterwards.

Cross-examined by Mr. O'Loghlen.-I was sworn in by Sweeny in either February or March, 1865, in Burke's house, Clonmel; there was no one present at the time. Sweeny is now in prison in Dublin. I first came to Dublin on the 4th of September. There was no one with me then.

Mr. O'Loghlen.-Did you know what you were doing the evening you saw Stephens? I did not after twelve o'clock. I first knew Nagle when he was teaching school in Powerstown about three years ago. What time did you get drunk on that Friday evening? From about nine until twelve o'clock.-Were you put to bed that night? I was not, but I was some time during the next day. What were you doing in the mean time? Walking about the streets by myself. Where did you meet Nagle before you went that evening to Moore's house? In the "Irish People" office; he told me to meet him there.-Where did you first lose the letter you got from Stephens? Not until I gave it to Nagle; he never took it from me, but he took another paper out of my pocket. -Did he take it without your knowledge? He did. What became of the box when you were put to bed? It was in the house where I stopped at Essexbridge. Before you were arrested had you any communication with the police? I had not. When did you first tell them of the information you could give? I was a week in Clonmel gaol at the time.-Whom did you first tell it to? To Sub-Inspector Kelly. Did you ever tell it to any one before him? No, I did not.-Did Nagle ever speak to you about the police? He did not.-Did he ever tell you to recollect what you were doing, and not to forget it? He did not.

The Solicitor-General then read a letter, in the handwriting of John O'Mahony. It was directed to the Brethren of the C. E. I. R., and presented by P. W. Dunne, of Illinois, and C. J. Mehan, of New York, delegates from the organization to the I. R. There was the following postscript: "I enclose herein 5001. sterling." The bill enclosed was payable to the order of George Hopper, on Messrs. Rothschild, of London. He read another letter which was proved to be in the handwriting of John O'Mahony, although it was signed James Matthews. It was addressed to James Power. It expressed regret at the absence of “our friend O'Donovan," and concluded with "Send him back at once in view of prompt and cordial work." Counsel then read the resolutions that were found in the "Miss Frazer" letter, and which were proved to be signed by John O'Mahony. The first was a pledge on the part of the American Fenians to procure the acknowledgment of the Irish Republic by every free Government in the world. The second set forth "that the national organization at present existing on the Irish soil is almost entirely owing to the devoted patriotism and indomitable perseverance of its Head Centre," and acknowledged that officer as the representative of the Fenian Brotherhood and head of the Irish Republic. The third entrusted these resolutions to C. J. Kickham, to be forwarded to J. Stephens, and pledged the Central Executive with their support and confidence. Counsel then read from a pamphlet which purported to be a record of the proceedings of the first native convention of the Fenian Brotherhood, held at Chicago, November, 1863. Counsel then proposed to read another letter, also in the writing of O'Mahony, dated 12th of April, 1864. It was from the officials of the organization at Chicago, and was addressed to the State Centres, calling on them to receive Mr. Daly (one of the assumed names of Stephens), with every respect and honour, because he came to them accredited by the fellow-workers of the cause, and stating that his services, his devotion to the brotherhood, and his talents,

claimed for him the foremost place among the Irish patriots. Stephens was designated in this document the C. E. of the I. R. B.

Launcelot Dawson, one of the officers of the detective force, deposed that he had observed the house No. 4, in Halston-street. He saw persons entering it, generally between seven and half-past eight in the evening; had sometimes seen forty persons enter; the house was supposed to be unoccupied. O'Mahony was among them. The parties generally remained till half-past ten or eleven. Had heard inside the sound of clapping several hands together, as if a number of men got the word, "Stand at ease." Could see them standing two deep along the floor. They used to leave the house every night in batches of two and three, and sometimes half-a-dozen. Had observed the house every night from the 14th of November to the 19th of December. He also knew the house, 16, Palmerstonplace; Luby lodged there. Heard voices debating about the condition of Ireland, and the most convenient place to land troops on the Irish coast. One of the voices mentioned "Galway," and said that if he had 50007. he would land 8000; these were the only words he heard distinctly. Had no doubt at the time the voice of the principal speaker was Luby's.

The Solicitor-General handed in a letter from Luby, dated the 30th of March, 1865, from London, with the following:-P.S. Direct to Thomas Clarke, Red Lion-square," &c. He also offered in evidence a letter found with Luby, from O'Keeffe, about the aristocracy.

This closed the case for the prosecution. Mr. Butt then addressed the jury in an able speech on behalf of the prisoner, but called no witnesses. Mr. Justice Keogh then summed up the evidence with great minuteness, and in a very lucid manner, prefacing his observations with the following remarks:-"I would say to you not to be over nice in your criticisms upon any such publications, so long as they do not overpass the limits of fair discussion, no matter how intemperately carried on. So long as they do not travel into the region of absolute force and violence, a British jury cannot be too indulgent. But if, transcending those limits, not alone by the violence of expression, but by the matter and substance of their suggestions, they assail the time-honoured fabric of our Constitution, aiming with parricidal hand to destroy the ties which bind in one family these British Isles-sceleris crimen parricidii furoris-then, not only would you be justified, but imperatively bound, in the conscientious discharge of your duty, to attach to the publication the criminal intent which the indictment charges, and so to find a true bill and send the case forward for further investigation. So, too, as to any other overt acts or deeds. They may consist of a variety of matters-conspiracies to carry out the treasonable designs; meetings for the purpose, purchases of arms, preparation of weapons, collections of money to be applied in aid of the design, administering oaths binding parties to the common object. To all these, or any of them, or the like, which may be charged in the indictment, you will apply yourselves in a firm, but, at the same time, a fair and liberal spirit, and say, if they are proved and brought home to the accused, do they or any of them indicate the intention with which the prisoners are charged? and if they do, it will be your duty to find the bill; but, if not, it will be equally your duty to ignore it."

The jury, after deliberating nearly two hours, brought in a verdict of "Guilty" on all the counts. On being asked what he had to say why sentence should not be passed upon him, the prisoner addressed the Court in a calm, collected manner, with much force and propriety of language. He emphatically denied and repudiated the allegations of assassination which had been urged against him

and his fellow-prisoners. He admitted that according to the British law he was guilty. Although it was of no practical utility now, still he believed that his words would carry conviction, and carry it much surer than any words of the Crown prosecutors, to 300,000 men of Irish race in England, Ireland, Scotland, and America. He believed that if his guilt or innocence were to be tried ac cording to the higher standard of eternal right, and if the issue were put to the country, the majority of his countrymen would pronounce that he was not a criminal, and that he deserved well of his country.

Mr. Justice Keogh, in most impressive and feeling terms, addressed the prisoner, deploring that a person in his social position should occupy that place, and pointing out the destructive consequences of a revolution in the country. The sentence of the Court was penal servitude for twenty years.

The prisoner was then transmitted under military and police escort to Mountjoy Convict Prison.

VI.

THE RAMSGATE MURDERS.

TRIAL OF ERNEST SOUTHEY FOR THE MURDER OF HIS WIFE AND CHILD. At Maidstone Assizes, on the 22nd of December, Stephen Forwood (alias Ernest Southey), baker, 35, was indicted for the murder of his wife and child at Ramsgate on the 10th of August. The prisoner seemed quite calm and collected. On the indictments being read, giving his name as Forwood, he said he had, eight years ago, taken the name of Ernest Southey, and two members of Parliament told him that it was quite legal to do so. The indictment was amended accordingly.

The prisoner then said: Before I plead I wish to make a statement.

Mr. Justice Mellor: I can hear no statement until you plead to the indict

ment.

After a pause, the prisoner pleaded Not Guilty, and then said he wished to show that Mrs. Forwood's death was owing to another cause than that stated in the indictment. She was dead before the wounds were inflicted upon her.

Mr. Justice Mellor: After counsel has opened the case, your defence can be made.

The prisoner: It is impossible that justice can be done if the case proceeds at the present assizes.

The learned judge ordered the indictment to be read, charging him with the murder of Jemima Forwood, the daughter.

This having been done, the prisoner proceeded to talk in the most extravagant manner, and on being again asked to plead he entered into irrelevant observations.

His lordship ordered a plea of Not Guilty to be recorded.

The prisoner said, "I protest against these proceedings;" and he placed his papers on the floor of the dock. On being given in charge to the jury, he objected to the jurors, and demanded a special jury.

His lordship: You cannot have a special jury.

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