You came back again?-Came back again soon.

In February of this year were you introduced to any person in New York in connection with Fenianism?-Yes.

To whom were you so introduced?—To Colonel James Kelly.

By whom were you introduced?-By a man named Costello.

Who was Colonel James Kelly?-He was at that time the head of the military department of the Fenian Brotherhood.

In what place?-New York, sir.

Did Kelly communicate to you the plan of any proposed expedition?-He communicated to me an expedition.

What did he tell you of it?-He said there was such a thing setting on foot; he did not tell me when it was to start.

The CHIEF BARON. What did he say about setting on foot ?—An expedition.

He did not tell when it was to start?-No.

Did he tell you where it was to go?-No.

The SOLICITOR GENERAL. Did he tell you it was a Fenian expedition ?—Yes.
Did you agree to join it ?-Yes.

And did you meet Kelly frequently in connection with that proposed expedition ?Yes; some three or four times afterwards.

Where in New York did you see him?-19 Chatham street.

Was that the headquarters of the organization in New York at that time?-Yes, sir. Now, was anything done in regard to that expedition; any pledge or oath ?-Yes, sir; there was an oath.

Was it administered to you?—Yes.

By whom?-By John Hogan and James Kelly.

The CHIEF BARON. That is Colonel Kelly?—Yes.

The SOLICITOR GENERAL. What was that oath ?-That I would not divulge the secrets of the expedition.

Did you, after that, go to any place in consequence of having received an intimation in regard to that expedition in New York?—Yes.

What place?-East Broadway; I do not know the number of the house.

[Page of report No. 34.]

And from whom did you receive the information to go there?-Through Colonel Kelly, from John Hogan.

The CHIEF BARON. Hogan conveyed it to you from Kelly?—Yes.

At what place did you say? Did you say you don't know the particular place?—In East Broadway, New York.

You don't know the exact place, therefore?—No, sir.

The SOLICITOR GENERAL. To do what? What were you to do there?-To meet others.

Do you mean in connection with the expedition?—Yes.

Upon what day, do you remember? What was the day you were so told to attend?— The 12th day of April.

In the present year?-Yes.

Was anything more told you as to what would happen when you met there?—No, sir. Were you told what you were to do when you went there?—I was told to follow the others.

To any particular place, was it?-To the foot of Canal street, in New York.

And were you told what was to be done there?—No, sir.

Or where you were to go?—I had no intimation at that time.

Did you go to the place?-Yes.

The CHIEF BARON. What place did you go to?-The foot of Canal street.

The SOLICITOR GENERAL. And did you meet any parties there?—I did, sir.

About how many?-Only those whom I had already met, with whom I had parted

in Broadway, going in ones, twos, and threes--going so as not to excite suspicion. The CHIEF BARON. Coming in ones, twos, and threes?—Yes.

The SOLICITOR GENERAL. But had you in fact attended at East Broadway before you went down to this place in Canal street?—Yes.

Had you met any person at East Broadway?-How many persons had I met?

Have you met persons at Broadway?—Yes.

About how many?-Over 40, I should say.

Was anything communicated to you at East Broadway, before you went down to Canal street, as to what you were to do at Canal street?-Nothing whatever, except to follow the others.

Had you any baggage with you?—None, sir.

Or any of the parties that you saw?-Some had baggage.

The CHIEF BARON. Some of the party you met?—Yes.

About how many had baggage?-Some two or three that I had seen, sir.

The SOLICITOR GENERAL. What do you call baggage, which you say two or three had-Valises.

Does this Canal street you speak of open on the river?—Yes, sir.

And what did you and the others of the party do when you got to the foot of Canal street?-Went on board a steamer.

Was that steamer waiting for you? Was it there ready for you?—No, sir; we were waiting for it, as I understood.

And it came up?—Yes.

[Page of report No. 35.]

And did you all go together?—I should think we all went together on board that

steamer.

And did the steamer leave the quay then?-Yes.

And where did she go to?-She went to the outer bay of New York.

About how far is the distance from the quay to what you call the outer bay of New York-Some 15 or 20 miles.

And is that the roadstead of New York you went to?-It is the outer anchorage. How long did you remain at that outer anchorage?-From some time in the afternoon of the 12th of April to the afternoon of the 13th of April.

And during that time did you all remain on board the steamer ?—Yes.

What did you do on the afternoon of the 13th? What occurred then?-The vessel not making her appearance, we cast loose from a buoy to which the steamer was anchored, with the intention of returning.

The CHIEF BARON. What cast loose?—The steamer.

The SOLICITOR GENERAL. What vessel did you refer to ?—I did not know at that time what kind of a vessel it was.

But had a vessel been spoken of?—Yes.

By whom?-By James Kelly and John Hogan, the vessel had been spoken of.

What had they said about it?-They did not tell me of what size it was, whether it was brig or ship.

What did they say about this vessel, or a vessel ?-This vessel was to convey arms. The CHIEF BARON. They said so?—Yes.

The SOLICITOR GENERAL. You say the vessel not appearing, you cast loose from the buoy. What happened then?-We cast loose with the intention of going back to New York.

Well, what happened then?-Meeting a vessel, two-masted, on the way, we steamed close to her and jumped aboard of her.

What was the name of that vessel?-The Jackmel packet.

Did the whole party that had come down to the steamer get on board the Jackmel packet? Yes, sir.

About how far had you proceeded from the moorings that you had cast loose from before you met that Jackmel packet?-Some two miles or three.

Had she a crew on board independent of your 40 men, or the number you speak of?-Yes.

And a captain?—Yes.

And did she sail on your going ou board?—No, sir; not immediately.

And about how long did she remain?-Some two or three or four hours afterwards. Now, you say, that was a brig or two-masted vessel?—Yes.

Do you know about what tonnage that vessel was?—Yes.

Of what tonnage was that vessel?-One hundred and fifteen tons registered, as I understood.

[Page of report No. 36.]

The CHIEF BARON. How do you know that?—I heard Captain John F. Kavanagh state that.

The SOLICITOR GENERAL. And was she well found in sails and appliances for a vessel of her class?-Not very well.

About how many of a crew had she?-She had four sailors.

A cook?-A cook and boy.

The CHIEF BARON. Besides the captain?-And two officers.

The SOLICITOR GENERAL. A captain and two officers-a mate and another?—Yes.

The CHIEF BARON. Two officers besides the captain?-Yes.

Was one of the officers a mate?-One of them was a mate.

The SOLICITOR GENERAL. What track did you take when you set sail from the roadstead of New York?-I learned from Captain John F. Kavanagh that we took the track usually pursued by West Indiamen.

Did Kavanagh tell you why that track was taken ?—Yes.

Why?--If pursued, he supposed they would pursue him in the European track, and consequently he would avoid being captured.

And in consequence he took the West India track?—Yes.

Now, had you any colors flying when you sailed?—I don't recollect seeing any when we sailed.

Were any colors hoisted occasionally during your voyage?—Yes, the English colors were hoisted on different occasions.

Was that when you met vessels?-When we desired hailing any vessel.

The CHIEF BARON. What did you hail the vessels for?-Sometimes we did not know where we were-what particular part of the ocean we were in.

The SOLICITOR GENERAL. Can you tell how long the West India track was pursued?— Until the afternoon of the next day.

The afternoon of the 14th ?—Yes.

And was the course changed then?—Yes.

The CHIEF BARON. What time in the second day?-In the afternoon. The course was then changed more to the south of the general European track.

The general European track?-The track pursued by European vessels.
The SOLICITOR GENERAL. Was that track continued?-Yes, generally.

You stated Kavanagh was the captain. Was there any person in command of the expedition-I don't speak of the sailors or the ship itself?-There was.

And what was his name?-General James E. Kerrigan.

Do you know whether James E. Kerrigan had been a general in the United States army-No, sir.

And what had he been?-He had been a colonel for a time in the army.

Had you known him before you sailed, or was the first acquaintance you made of him on board?-I knew him before sailing.

Was it as an officer you knew him, or how?—I knew him as a congressman of the United States.

[Page of report No. 37.]

Had he been a congressman of the United States?—Yes, sir.

Had you known him in connection with this expedition until you got on board?— No, sir.

Had he been in the northern army?-Yes, sir.

Had you obtained any commission in this expedition, either in New York or on board?-I received a commission in both places.

In New York from whom?-From Colonel Kelly, or through Colonel Kelly.

And on board, from whom?-General James E. Kerrigan.

Have you these commissions, or what did you do with them?-I threw one of them away before coming ashore, and the other I did not bring with me.

That is the New York one, I suppose?—Yes.

The one you got on board you threw away before landing in Ireland?—Yes, sir.

What was the rank you were appointed to by these commissions in the expedition ?— Captain.

Now, you have stated that Kerrigan was the general?—Yes.

Were there any other officers of high rank in the expedition?-There were some colonels.

I want you to tell me carefully the names of those you recollect, according to their rank. Who were the colonels?-Colonel Nagle, Colonel Warren.

Is that the prisoner at the bar?-That is the prisoner.

Well, any other colonels?-Colonel Phelan, Colonel Prendergast, or Pindergast, I don't know which of the two; Colonel Tressilian, Colonel Deven, Colonel Doherty. Are these the names of all the colonels you recollect?-That is all.

Were there any captains as well as yourself?-Yes.

Will you tell me the names of as many of the captains as you recollect?-Captain Costello, Captain Greene, Captain Buckley alias Murray, Captain Fitzsimons, Captain Kane, Captain Leonard. I do not recollect any more captains.

Were there any lieutenants?—Yes.

Tell me the names of any lieutenants?-Fitzgibbon, Roche, and William C. Nugent; I do not recollect any more.

Were there any privates or any ordinary men? There were understood to be none; they were all expected to have commissions.

All captains? Yes.

Tell me, did you know any of the others, or any of the crew?-James Lawless, one of the crew, Cade, (his right name is Murray,) L. Doyle, Daniel Lee, Thomas Fruen, Patrick Nugent, James Coffey or Nolan; I cannot recollect any more names.

There were others, but you do not recollect their names?—There were others.

Can you tell what day was it you got the commission after you sailed-about how long after you had sailed?-Not more than an hour after getting on board the vessel. The CHIEF BARON. After getting on board the brig?-Yes, the brig.

The SOLICITOR GENERAL. When the commission was so given to you, shortly after [Page of report No. 38.]

getting on board the brig, did you see commisions given by Kerrigan to any other of the parties?-I did, sir.

Was it to all the others of the party, or to a great number?-To a great number of them.

Did you see the prisoner, Colonel Warren, getting his commission?—No, sir, I did not. The CHIEF BARON. Did you see commissions given to any of the colonels?—No, sir. The SOLICITOR GENERAL. Did you to the captains?—Yes, sir.

Was that commission you spoke of your commission-signed by Kerrigan?—No, sir. Who was it signed by?-Colonel J. E. Kelly.

And do you remember what its contents were, as well as you recollect?

The CHIEF BARON. Signed by whom?-Colonel J. E. Kelly, and also by Captain Hogan.

The SOLICITOR GENERAL. Can you state what the contents of it were, as well as you recollect?"To all whom it may concern, greeting. We, by these presents, do appoint (by name and rank) in the army of the Fenian Brotherhood." I do not recollect any

more.

Then in your commission your name was in, and your rank?—Yes.

Was it in print or ink?-In print.

On parchment or paper?-On paper.

The CHIEF BARON. These commissions were signed by Colonel James Kelly?—Yes. The SOLICITOR GENERAL. Now, did anything particular happen after you sailed? Do you remember Easter Sunday?—I do.

Did anything happen worth mentioning before that?--I would say not.

And if anything did happen worth mentioning you would remember it.-Nothing happened till Easter Sunday.

Will you state what did happen on Easter Sunday?-The green flag, with a sun-burst, was hoisted some time before noon-I do not know the hour exactly. At its hoisting there was a salute of different arms fired, after which the orders delivered to John F. Kavanagh in New York, commanding him to land the arms in Ireland, were read. Read by whom?-By John F. Kavanagh.

By Kavanagh himself?-Yes.

And did he read any signature to that order?—Yes.

What signature ?-The signature of Captain Powell, the chief of the navy; also the signature of Colonel James Kelly; it read so.

Did it say where in Ireland they were to be landed?-If possible, at Sligo. Or if not found practicable, they were to be landed somewhere on the coast of Ireland. Was anything done about the name of the vessel that day?—Yes.

What? She was newly christened.

By whom, and in what name?-She was christened the "Erin's Hope," by John F. Kavanagh.

[Page of report No 39.]

Were the officers, the colonels and others, present when that order was read, and when the christening took place?-Yes, sir.

Were they collected for that purpose?-Yes.

On the quarter-deck, I suppose?-On the quarter-deck.

Was Warren there ?-Yes.

The CHIEF BARON. Warren, you say, was there at both these transactions-at the reading of the sailing orders and the change of the name?--Yes.

The SOLICITOR GENERAL. Had you arms on board?—Yes.

Of what kind and what number?-Of different kinds.

When you say different kinds, can you say what different kinds?—We had some Spencer repeating rifles; seven-shooters.

What other kinds of arms?-We had some Enfield rifles; some Austrian rifles; we had some Sharpe breach-loading rifles; we had some Burnside breach-loading rifles also; these are the larger arms.

What small arms had you?-We had some revolvers.

How were the arms kept?-They were packed in boxes-large-size boxes.

What was on the box, did you observe?-They were Spanish names; I do not recollect what they represented.

Were they labeled as arms?-O, no; they were not labeled at all.

What size boxes were they packed in? They were packed in boxes within one another.

Where in the vessel were the boxes kept?-Between decks.

Was the vessel nearly laden to her full complement with arms? You said she wa 150 tons register; was she deep in the water, or what?-She was reasonably deep in the water.

Had she any cargo on board but arms, to your knowledge?-She had no other cargo than arms.

Had you ammunition as well as the arms, or was it all the description of arms you spoke of?-We had some ammunition.

Do you mean cartridges, or what?-No; we had fixed ammunition.

What do you call fixed ammunition ?-Already put up.

Made in cartridges ?—Yes.

Was it in boxes?-No; it was scattered; it was not carefully packed; it was in a box having no lid, that I saw.

About what quantity was there of ammunition in this box that you speak of ?—It was supposed to be over a million and a half of rounds of ammunition.

Do you know, as a matter of fact, about how many stand of arms were on board, or can you give us any more description about that vessel ?—I should judge there were some 5,000 stand of arm on board; not less.

Were there any pieces of artillery on board?-There were some representing such. How many?-Three pieces.

Were they fired at all?—Yes.

When?-On the occasion of hoisting the flag once.

What size were they?—They threw some three pounds shot or shell.

[Page of report No. 40.]

The CHIEF BARON. Do you know the difference between a gun of that kind for a ship and a gun for use on land?-Yes.

Was this a ship gun?—No, sir.

What sort of carriages had they?-They had none.

The SOLICITOR GENERAL. Were the arms opened at all? I mean the cases in which they were during the voyage-the larger cases?—Yes, sir.

What was done with the arms when the cases were opened?-They were so placed as to be ready to distribute.

How were they placed? Were they repacked in any way?-They were placed so that they could be taken up in ones, twos, or threes, but still left in the boxes.

The CHIEF BARON. They were not taken out of the boxes?-Yes, sir; they were.

I thought you said they were left in the boxes.-They were rearranged in the boxes. In the same boxes?—Yes, sir.

The SOLICITOR GENERAL. Was it stated for what purpose the arms were to be landed in Ireland?-Yes, sir.

For what purpose?-To arm a revolutionary party.

Who stated that?-James Kelly, John Hogan, and a good many others in connection with the movement whose names I do not know.

Where was that stated?-In New York.

Was the James Kelley who made that statement the same person as you have described as "Colonel" Kelly?—Yes.

The CHIEF BARON. Who else besides Kelly made the statement?-John Hogan.
And others whose names you don't remember?-Yes, my lord.

The SOLICITOR GENERAL. Had you known Warren, the prisoner, before you met him on board the brig?-I do not recollect ever seeing him.

Was there any discussion on board about the arms-as to the landing of them ?—None about the arms.

Was there any discussion as to the purpose for which they were to be used when landed?-Yes.

Had you a conversation with any one about it; and if so, mention his name?—It was a general conversation, indulged in by all.

What was the conversation?-That those arms were to be given into the hands of men who, according to the representations made in New York, were to be at Sligo. To do what with the arms-To receive those arms.

But for what purpose?-For the purpose of revolutionizing.

The CHIEF BARON. Was the purpose stated; and if so, what was it?-For revolutionizing the province of Connaught.

The SOLICITOR GENERAL. Before I take you further, I wish to ask you, had you sailing orders when you left New York?-Sailing orders, sir?

Yes. Had you sailing orders on board the ship-the ordinary clearance certificates or papers-No, sir; we had not.

Was anything said about that?—Yes.

By whom?-By Prendergast.

[Page of report No. 41.]

Was that the Colonel Prendergast whom you already spoke of?—Yes.

What did he say?—He was dissatisfied at sailing in a vessel that had no clearance papers.

The CHIEF BARON. Did Prendergast state that? Did he say he was dissatisfied ?— Yes, sir.

The SOLICITOR GENERAL. To whom did he say that?-To Colonel James E. Kerrigan, and the other colonels.

Was Prendergast the only one who expressed dissatisfaction?-No, sir. It was very near creating a mutiny in the expedition.

Was that dispute afterwards adjusted?—Yes, sir; Prendergast had his commission taken from him on that account.

By whom?-By General Kerrigan, but it was afterwards returned to him. About how long was it kept from him?-Some two or three weeks, I think. About what time did you sight land on the Irish side?-Some time in May-between the 19th and 20th of May, as near as I can recollect.

What point of the Irish coast did you first sight land at?-I do not know what point. Was any one taken on board when you approached the land?—Yes, sir.