Offence: Royal Offences > treason
Verdict: Guilty > no_subcategory; Not Guilty > unknown
Punishment: Imprisonment > penal servitude
620. THOMAS GALLAGHER (33), ALFRED WHITEHEAD (23), HENRY WILSON (22), WILLIAM ANSBURGH (21), JOHN CURTIN (34), and BERNARD GALLAGHER (29), were indicted for feloniously and unlawfully compassing, imagining, and devising and intending to depose the Queen from the Imperial Crown of Great Britain and Ireland, and expressing the same by divers overt acts set out in the indictment. Second Count, intending to levy war upon the Queen in order, by force and constraint, to compel her to change her measures and councils. Third Count, to intimidate and overawe the Houses of Parliament.
The ATTORNEY-GENERAL, the SOLICITOR-GENERAL, MR. POLAND, AND MR. R. S. WRIGHT Prosecuted; MR. EDWARD CLARKE, Q.C., with MESSRS. SIMS and H. J. BROUN appeared for Thomas Gallagher; MR. WAITE for Whitehead; MR. BOWEN ROWLANDS, Q.C., with MR. KEITH FRITH, for Curtin; and MR. MATTINSON for Bernard Gallagher; Wilson and Ansburgh defended themselves.
JOSEPH WILLIAM LYNCH . I am a coach painter, and an American by birth; my age is 22—in August last I was living in Birgin Street, Brooklyn, and was working for Meritts, of Bedford Avenue, Brooklyn—Daniel O'Connor asked me if I would join a society of which he was a member—he did not tell me the object of the society then; he told me afterwards, when I was initiated a member—that was about the 15th of the month—he said the object of the society was "the freedom of Ireland by force alone"—it was the Emeraid Club Branch of the Fenian Brotherhood—I was taken to Second Street, Bowery, to the Oddfellows' Hall—I went into an ante-room, and found no one but O'Connor there—he took me into the meeting-room, and there I found about 30 men, who were strangers to me—those men were known by numbers and not by their
names—I was taken to the presiding officer, whose name was Thomas Burns—I was "given" an oath, some of which I recollect—it was that I should stand by the watchword, obey my superior officers, and preserve the funds of the "Brotherhood"—I kissed the book after I had taken the oath—the presiding officer repeated the words to me, and I followed them after him—I paid two dollars as an entrance fee, and subsequently 10 cents a week for dues—the meetings were weekly, and I attended them about twice a month—a treasurer received the money; I don't know his name; his number was "82"—I did not see other persons take the oath, but I saw some men pay money—members were proposed at times, and they were elected by ballot; this and the payment of money was all the business I saw done—the watchword was "Providence," and the word you had to repeat before you could enter the room—the word was changed once or twice—I was informed of the change of word at one of the meetings—my name and address were taken down—I knew Burns's, name by conversation with my friend who took me there—he was a porter in a house in New York, and his number was 10—my number was 113—there were a vice-president, a secretary, and a recording secretary—two men named Sullivan were there, but I was not very well acquainted with them, only by seeing them at the meetings—the number of the recording secretary was 13—I heard the name mentioned as "the Old Man"—he was supposed to be O'Donovan Rossa—a friend said to me, "You were not not here last week?"—I said "No"—he said "Well, the 'Old Man' was here"—I did not know who he meant, and I inquired, when he replied, "Why, don't you know; it is Rossa"—there were several otherclubs—there were the Esperanza, the Sarsfield, the Thomas Davis, the Michael Davitt, the Tom Moore, the Emmett, and others—'there were members of the Emerald Club who were known as district members—we, the ordinary members, were to go by their orders if any were given by them—no district members were known to us—I continued a member until the beginning of March, following my trade all the time—on 6th March I received directions from Burns—he gave me a letter, and told me to take it to Dr. Gallagher, of Green Point, Brooklyn—I took the letter the next evening to the address given in Brooklyn—his name was over the door as a medical man, "Dr. Thomas Gallagher"—Gallagher himself opened the door—I asked him if the doctor was in, and he said "Yes; come inside"—I entered the parlour, and Gallagher read the letter—he asked me if I was working, and I said "Yes"—he asked my name—I told him William J. Lynch—he said "You are wanted to go to London"—I asked what for, and he replied, smiling, "You'll know when you get there"—I said "I would rather he excused, as I have my mother and sister to maintain"—he observed "You'll be back in two months, and your mother will be seen to whilst you are away"—he told me to stop work the next day, and to come and see him on the Friday (March 9th)—he told me not to tell any one, not even my mother, that I was going away—I saw him again on the Friday, at nine o'clock in the morning, and told him what I had done, quitted work—he gave me 50 dollars, and told me to purchase a ticket for Liverpool; that I was to go in another name, and so I selected "Norman"—he told me to call again after I had purchased my ticket—I bought a ticket for the steam-ship Spain, at the office of the steamboat company, the same afternoon—the same evening I met Burns, the presiding officer—he asked me if I went to Gallagher's, and I said
"Yes"—he added "The 'Old Man' will see you righted"—I knew of no one to whom that referred except O'Donovan Rossa—I went to Gallagher's house again, and showed him my ticket filled in with the name "William J. Norman"—he gave me 100 dollars, and told me when I got to London I was to inquire for the American Exchange, and leave a letter then for him with my address on it—he gave me a box wrapped up in paper—I did not return home that night, but slept at an hotel—on the morning of Saturday I went on board the Spain, and reached Liverpool on Tuesday the 20 th—I opened the box on the voyage the first day—I found a coil spring in it, with a piece of lead at the bottom—I do net know whether the spring was of steel or iron—the box wan about six or seven inches in length, and two or three inches wide, with a sliding cover on it—I broke it up, and threw it and the spring overboard—I remained at Liverpool until the 22nd—I stayed at the Temperance Hotel, kept by Mr. Cooper—I gave the name of Norman there—I had no luggage and nothing but the clothes I was wearing—I purchased a suit in Liverpool from a Mr. Fitzgerald, a tailor—a hat I bought from Mr. Jackson—on the 22nd I came to London and arrived at Euston—I stayed at Edwards's Hotel, Euston Square—on the 24th I wrote a letter and left it for Thomas Gallagher at the American Exchange—in the letter was my address, "William J. Norman, Edwards' Hotel, Euston Square"—I called at the Exchange nearly every day and read the newspapers there—in the afternoon of the 26th or 27th I saw Thomas Gallagher there—we went out for a walk, and he took me down Whitehall—I had never been in London before—on reaching the place where the explosion was (I had seen the place before, on the Good Friday) I said "This is where the explosion was"—he replied, "It is a bad job for us"—I said "Is that what we are going to do?"—he said, "Yes; and it will not be child's play"—we passed over Westminster Bridge, half-way, and on passing the House of Commons he said "This will make a great' crash when it comes down"—we returned the same way, and passed again up White-hall, on the Scotland Yard side of it—Gallagher said "This is Scotland Yard, the headquarters of the detectives of London; that will come down too"—he told me he was staying at the Charing Cross Hotel, and asked me if I wanted some money—I said "Yes, a little," and he gave me between 6l. and 7l. in English money, and said "Do not let yourself run short; the Old Man will see you all right"—I gave him a card of Edwards's Hotel, where I was stopping, similar to this (produced)—for a day or two after that I did not see him again—it was the morning after the 27th that I saw him—I was in bed at my hotel, and after I got up I went out with him—he told me he was going out of the city, and merely dropped in to see me—he told me to remain where I was—I did not see him again until Monday, 2nd April, about nine in the morning, at my hotel—we went out together, but I cannot mention the names of the streets we visited—he said, "I want you to go to Birmingham this morning, to 128, Ledsam Street, and inquire for Albert Whitehead, and tell him I have sent you for the material"—he gave me a 5l. note and told me to get a respectable-looking trunk and to put the staff in—this was the first time I had heard Whitehead's name—I left London between eleven and twelve in the forenoon—before going I saw the proprietor of Edwards's Hotel, and arranged that I should keep the room, and send a telegram whether I should return that night—I
requested the boots to. meet me at the station—I went to Bimingham and found 128, Ledsam Street, with "A. G. Whitehead" over the door—it was a small shop fronting the street, and in the window were paper and paints—I did not see much stock in the shop-at first I saw a lad named Crowder, and I asked him if Mr. Whitehead was about—White-head came from a room behind—I said to him "Dr. Gallagher has seat me from London for the material"—he said "What are you going to take it in?"—I said "He told me to buy a respectable-looking trunk"—he; said "Why you can't take it in a trunk, you want rubber bags," and he told me to go to Harris's, in the Bull-ring, where I could buy one, if not he thought I could not purchase rubber bags of the kind anywhere else in Birmingham—I went to Harris's, he had no rubber bag, but the clerk told me they had some rubber bottles, and he gave me this book of prices (produced)—I returned and showed the prices to Whitehead—he said "You will have to return without it and tell him you want rubber bags"—I telegraphed to Edwards's "I will not be at home to-night," and remained at Birmingham—on Tuesday morning, the 3rd April, I left Birmingham by the 2 o'clock train—on arriving in London I went to the American Exchange, wrote a letter and left it for Dr. Gallagher, and a second. letter I left for him at the Charing Cross Hotel—I found that he had called at my hotel and was handed a telegram that was sent by him (produced)—it was as follows: "Fletcher to W. J. Norman. Call at Charing Cross Hotel and ask for me"—I did not know he had passed by the name of Fletcher, only when he called on me—I went to the Charing Cross Hotel and saw him in room 312—I told him what had occurred the night before between me and Whitehead—he gave me a rubber bag wrapped in paper, and said "The chap he sent there that morning did not nave a bag; go to Birmingham again the first thing in the morning. Take the bag to Whitehead's"—the next morning I went to Birmingham accordingly—I told Mr. Crowe, the proprietor of Edwarda's Hotel, that I was not coming back and was going to leave—Gallagher had told me I had better leave the place and he would take a room for me as a medical student, the same as the other—I was to send him a telegram stating what time I should reach London on returning, and he would meet me at the depot—I left my portmonteau at Edwards's—I took nothing with me to Birmingham except the bag—I saw Whitehead at his shop, about middle day—I gave him the rubber bag—he took me into the balk room; he had a funnel, and I held the funnel whilst he poured the stuff in the bag—he took it out of some carboys that were there—it looked like buttermilk—I asked him what it was, and he said "You'll very soon know; a chap was here this morning and he took away about 20lb of it in some rubber stockings or leggings"—my bag was pretty nearly full—he told me I had better go to Snow Hill and get a trunk, and I did so—I bought a wooden box with a partition in it—the partition was taken out and left at Whitehead's—this is the trunk (produced) the bag containing the nitro-glycerine was. placed in the box, and I locked it and drove with it to the railway station, at Birmingham—I telegraphed to Gallagher on my arrival there, "I leave in the six, will be at Euston nine"—the six meant the 6 o'clock train.—the box was labelled and left in the charge of the porter to go up as ordinary luggage—the bag pretty well fitted the trunk, pretty tight. (Avery was called into Court.)—that is the man I bought the trunk of—Gallagher. met me on the arrival of
the train at Euston—the box was placed on the top of a four-wheeled cab—I got in, but he did not enter until it had gone about thirty yards—he told me he had taken a place for me at the Beaufort Hotel as a medical student, and he would be round next day—he gave me a five-pound note, and it was found upon me when I was arrested—Gallagher left the cab after it had gone about three-quarters of a mile, and I went on to the hotel, where I found that a room had been taken for me—I was not a medical student in any way—my room was on the third floor, and the box and its contents were carried up by a man and myself—the landlady said "Why don't you put it on your shoulder?"—the man said "It is so heavy"—it was heavy—I got to the hotel about 10, and about 12.80 the police came and arrested me, and the box and its contents were taken possession of—it had not been unlocked since it left Birmingham—I knew nothing of the other prisoners at this time—I only knew Gallagher and Whitehead—after my arrest I wrote a letter to Langriah, one of the officers, who took me into custody.
Cross-examined by MR. CLARKE. I first appeared as a prisoner in the police-court on 6th or 7th April—I had been there twice before I wrote the letter—Gallagher, Ansburgh, and Wilson were in custody with me—I knew that Whitehead was in custody—I wrote this note to Langrish: "Friend Langrish, I would like to see you this afternoon, something of importance. W. T. Norman, April 10," and I believe Langrish came next day and I made the statement—Superintendent Williamson was with him—I then wrote this letter: "Millbank, April 14. Mr. Langrish. Come and see me at once, come alone"—he came alone and I told him a little more—on the first occasion I told him everything that had occurred in England and New York except the names of the clubs—before I was called as a witness on the 19th I made a statement of what I could prove, and signed it in Mr. Pollard's presence—nobody told me that the information I gave to Langrish was not sufficient—I am 23 years old—I was never in Ireland—I have not interested myself much in politics, nor read a great deal about Irish politics—I do not know whether the population has diminished—I never heard of an Irish Parliament or that Ireland had a Parliament in the last century under the authority of the Crown of this country—I have heard addresses in New York on the condition and government of Ireland, but not at the clubs—I learnt from those addresses that there was a movement to obtain a Parliament for Ireland such as the Land League wish to have, which was to meet on St. Stephen's Green—I was informed when I entered the Fenian Brotherhood that their object was the freedom of Ireland by force alone, and to have a republican brotherhood there—the presiding officer told me that, and it was part of the oath—I have on three different occasions been asked to give the terms of that oath—I have not till to-day said a syllable about the republic being mentioned in the oath—I cannot remember all that was told me in the oath—I gave all the information that I thought of at the police-court, but I have minded that since—Thomas Burns was the president of the club—O'Connor lived is Atlantic Avenue, Brooklyn—I can't give you the number—I never saw any one sworn in or go through what I did—the meetings occupied one hour—they were weekly, no refreshments were served—the members were proposed by name, but I cannot remember any but those of Burn and the two Sullivans—they were known by numbers—I had never belonged to any secret society before—I cannot say when the fenian
Brotherhood was founded—I only belonged to the Emerald Club—when I left New York I had no knowledge of the purpose for which I was coming to this country—I have never entertained any designs against the life of the Queen—I have never been associated with any plot for an insurrection in Ireland or England—I do not want anything in the way of alteration in the government of Ireland—I should be as well satisfied with an Irish Parliament on St. Stephen's Green as with a republic—I don't mind whether it is the one or the other, it's no odds to me; it would not benefit me if Ireland was free to-morrow—that is the view I hold about it.
Cross-examined by MR. WAITE. When I first visited Whitehead I stayed with him about 20 minutes—I have given the whole of the conversation that took place between us—nothing more was said about polices—I had no idea that it was by the use of explosives I was to carry out these designs—I never saw or heard of Whitehead till I called at the shop in Birmingham—when I asked him what the material was I am sure he said "You will soon know," not "I really don't know"—judging from what Dr. Gallagher had told me I thought I had to take part in an explosion—he told me to take another name, and I selected; the name of Norman—I was not to receive any pay for my work—I suspected the spring that I saw in the box when on board because I never saw a spring like it with lead on the end of it—I don't know how nitro-glycerine is exploded—I judged that the lead on the spring might strike a cap, as the hammer of a musket might, and cause an explosion.
Cross-examined by Wilson. I never saw you before I saw you in the dock—I had heard about rubber-stockings before Littlechild gave his evidence at Bow Street—Whitehead told me that the party who was there took the stuff in rubber stockings or leggings—the party who took me to the club told me that the "Old Man" was O'Donovan rossa—I consider the oath which I took then as binding as the oath I have taken to-day—it was that I would stand by the watchword and preserve the funds of the brotherhood—I supposed "Stand by the watchword" meant to go anywhere—the secret of the society was to keep all the transactions—I have not kept them secret—I have broken my oath if it was an oath—I do not consider that I committed perjury—I cannot answer you what the difference is; I won't answer it.
Cross-examined by Ansburgh. I never saw you before I saw you at Bow Street, and never heard your name.
Re-examined. A man was proposed by name and he took a number, so that you could only tell him by his number—I did not know the object of the society till I reached the room; I did not like to back out of it—I was elected and was told that the object was the freedom of Ireland by force alone—I joined it knowing that, but I never thought I should be sent over on the errand I was sent on—the errand was the same as I have repeated—I did not know what it was—Gallager said that was what I should have to do—that was after the Local Government Board explosion.
By the COURT. A shopmate of mine asked me to join a club of which he was a member—I did not know it was a Fenian club until I got into the room, and then I did not like to back out.
from New York on 10th March and arrived at Liverpool on march 20th—the last witness was a steerage passenger.
JOHN DIBBLE . I am agent for the house, 128, Ledsam Street, Birmingham—on 6th February Whitehead came and said that he wanted it as a glass-shop, to mix oils and colours, and to sell paints—he said he had seen it and thought it would suit him, and that he had come from Devenport—I said that I came from Tiverton, and knew Devonport and Plymouth—I entered into conversation with him—he did not seem to enjoy it, and I stopped—he then said that he had been in London two or five years, I cannot say which—I inferred that he had been in the same business there, but had not succeeded—he took the house on the same day and paid 1l. deposit and I gave him this receipt—after he left the house I found a galvanised iron funnel fixed over the furnace in the back kitchen; it ran into the chimney so as to carry off the steam or fumes—a pane of glass, too, had been put in.
Cross-examined by MR. WAITE. He certainly told me that he had been living in Devonport—I did not say that he had failed in London; I inferred from his conversation that he had not succeeded in business there and had come to set up business in Birmingham.
THOMAS RICHARD CANNING . I am apprentice to W. Canning and Co., wholesale drysalters, druggists, and oil and colourmen, of Great Hampton Street, Birmingham—on 6th February, the day before Ash Wednesday, Whitehead came and ordered 160lb. of nitric acid, 300lb. sulphuric acid, and 50lb. of glycerine—he gave his name, Albert Whitehead, 128, Ledsam Street—he wanted the best articles, and they were to be delivered the next day—I have a list of some oils and colours which he also ordered—I went with the carman next day to 128, Ledsam Street, saw the things taken into the shop, and delivered the bill to Whitehead—we had a conversation as to whether he was to pay for the carboys and cans—he paid me with a 10l. note and a 5l. note, and I gave him a receipt—there was nothing in the shop.
Cross-examined by MR. WAITE. A large quantity of sulphuric acid is sold in Birmingham.
JOHN THORNTON . I am one of the firm of Canning and Co., of Birmingham—I looked out these goods—the specific gravity of the nitric acid was 1.385 to 1.400, and the sulphuric about 1.845—that was of commercial purity, and the glycerine was pure.
Cross-examined by MR. WAITE. A large amount of nitric acid is sold in Birmingham in the jewellery trade—they always have about a carboy, but the gilders have the most—nitric acid is usually sold of commercial purity, not chemically pure.
Re-examined. Gilders use nitric acid, not nitro-glycerine; not mixed with sulphuric acid and glycerine—it is not common to sell a large quantity of nitric and sulphuric acid and glycerine together to a manufacturer.
JOSEPH HODGKIKS . I am one of the firm of Judson and Sons, manufacturing chemists, of Liverpool Street, Birmingham—on 22nd or 23rd February, Whitehead called and asked the price of nitric and sulphuric acids—I told him 4d. for nitric and 5d. for sulphuric—I axed him what he wanted it for; he said that he was opening a shop for selling small quantities—I showed him a sample of nitric acid—he asked if I could make it stronger; I told him the strongest was 78 to 80 by the hydrometer,
and tested it in his presence—he asked if we could make it stronger—I told him that was the strength I usually sent out, and I would not make it stronger for any one—he gave me an order for, I believe, two carboys of nitric acid, which is 120lb. to 130lb., and three of sulphuric, which is 170lb. to 200lb,—he agreed to pay cash, gave his name, Whitehead; 178, Ledsam Street, and I sent the goods next day, and my clerk, Mr. Heath, went to receive the money; and brought it back to me—on 6th March another order was given for two more carboys of nitric and four of sulphuric, and Mr. Heath attended to the delivery—on 14th March another order was given for two carboys of nitrio and four of sulphuric, and Mr. Heath attended to the delivery—Whitehead came, I believe, the next day and complained of the colour of the nitric acid, and said that it was not of the strength he bought it for—I told him it was perfectly correct, for I. had tested it myself, and suggested that I should send a man to the shop to test it—he agreed to that, and I sent Mr. Glynn with him with the hydrometer to test it—they returned together and Whitehead said that it was quite correct—on 28th March there was a further delivery of two carboys of nitric and four of sulphuric, and Mr. Heath attended as usual—on 4th April there was another delivery of three carboys of nitric, and, I think, three of sulphuric, and Mr. Heath attended to that—the total was 11 carboys of nitric, or 1,543lb., and 16 of sulphuric, making about 3,006lb., all paid for by cash on delivery, and the money brought back by my clerk.
Cross-examined by MR. WAITE. There are middlemen between us and the retail dealers—it would not be extraordinary for a person to sell sulphuric and nitric acids through a middle man.
Re-examined. A middle man would sell them separately; he would not mix them and sell them as nitr-oglycerine.
ALFRED HEATH . I am a clerk to the last witness—I attended with the carman when the deliveries were made—Whitehead paid me each time—I never saw any customers in the shop—I saw the boy Growther—Whitehead said that he wanted the things to retail them and had employed travellers to obtain orders for him.
ARTHUR ELY . I am one of the firm of Philip Harris and Co., of 9, Bull Ring—on 23rd February I sold 2cwt. of glycerine, specific gravity 12.6, to Whitehead, and five gallons of linseed oil and turpentine—he gave his address, 128, Ledsam Street—this price list (produced) comes from our firm; it was in use last April—we do not keep indiarubber bags, but we had some gutta-percha bottles.
Cross-examined by MR. WAITE. A good deal of glycerine is sold in Birmingham.
Tuesday, June 12th.
JOHN MAY . I am warehouseman in the employ of Messrs. Harris, chemists, at Birmingham—I occasionally sell—on 19th March I sold 2cwt. of glycerine to Whitehead—he gave the address, 128, Ledsam Street—he also had 5 gallons of boiled oil and 5 gallons of linseed oil—the price was 1s. a pound—on 20th March he came and complained of the specific gravity not being high, enough; it represented a strength of 12.50, and he wanted 12.6—we exchanged it for him, and charged the difference.
Cross-examined by MR. WAITE. I have no practical knowledge of how nitro-glycerme is made; I have some little knowledge, by hearsay, but not as to the actual manufacture.
CHARLES HINSON . I am a carman in the employ of Messrs. Harris—in February and March I delivered certain quantities of glycerine at 128, Ledsam Street, to the name of Whitehead—I believe it was 2cwt. each time.
JOHN CLEWLOW . I am manager to Mr. Moulton, china dealer, of Moore Street, Birmingham—in February I sold some earthenware pans for chemicals to Whitehead, of 128, Ledsam Street—they were delivered—I afterwards saw them in the possession of the police—Whitehead told me he had come from America; he did not say when.
GEORGE FRANKS . In March last I was steward on board the steamship Parthia, one of the Cunard Line trading between New York and Liverpool—we left New York on 14th March—I am not certain of the day we arrived at Liverpool, I think it would be about the 26th—we had a saloon passenger on board of the name of Thomas Gallagher; the prisoner is the man.
EDWIN HUTHER . I was a steward on board the Parthia—I came on the voyage from New York to Liverpool on 14th March—I don't recollect the day we arrived—Thomas Gallagher was a saloon passenger on that voyage—Ansburgh and Bernard Gallagher were steerage passengers.
Cross-examined by Ansburgh. There were about 60 steerage passengers and about 24 saloon passengers—I did not see you in any way connected with Thomas Gallagher, no more than any other passenger, nor with Bernard Gallagher.
EDWARD GRAY . I am clerk at Charing Cross Hotel—on the morning of 27th March, about a quarter to 8, Thomas Gallagher came and asked for a bedroom—he gave the name of Dr. Gallagher—I allotted him room 312—letters and telegrams came for him whilst he was there, and on his asking for them he had them.
Cross-examined by MR. CLARKE. I do not remember anything about his movements while he was at the hotel—I cannot tell anything with regard to his being there at any particular time on Wednesday or Thursday—I had no occasion to communicate with him while he was at the hotel.
JOHN GREEN . I am a porter at the Charing Cross Hotel—I remember Thomas Gallagher coming there on Tuesday morning, 27th March—I took his luggage up to 312—I had charge of the key while he was out—no one else occupied that room between the time of his arrival and the police taking possession of it—I recollect a young gentleman calling while he was there—I do not recognise him.
Cross-examined by MR. CLARKE. I knew nothing of his movements while he was there except going out in the morning, when he gave me his key, which I hung on the nail kept for that purpose; I never saw him again till the evening—he used to go out about 10 o'clock in the morning—that is a very usual time for persons to go out.
GEORGE DICKENS . 1 am a clerk at Euston Square Railway-station—I was there at my duty on the night of 29th March—a train from Liverpool arrives at 5 minutes to 10; it comes through Birmingham—I recollect two men coming to the cloak-room that night about 10.15—one gave the name of Gallagher; the other gave the name of Wilson—I see those men in the dock—Gallagher left two bags and a bundle at the cloak-room, and Wilson the portmanteau—I should think it weighed about 60lb.—Gallagher told me to keep it in the cool—Gallagher paid 2d. for
package—I keep a book of these things; it is not here, it is at the station—I entered the names in that book—the bundles were taken away on the 30th, I cannot say by whom—the portmanteau was taken away on Saturday, the 31st, about 3 o'clock, by Wilson, in a cab.
Cross-examined by MR. CLARKE. There was nothing remarkable in the bundles or bag, or in the weight of the portmanteau—about four or five people came to the office at that time—we were not very busy that train.
Cross-examined by Wilson. I cannot say whether I or a porter handed you your portmanteau—I know it was your portmanteau because you gave the name of Wilson—I don't know thaT number of the cab it was put on (The witness was directed to fetch his book).
ALFRED COOPER WOODWARD . I am principal clerk of the Inland Telegraph branch of the General Post-office—the original paper writing for, the purpose of a telegram handed in at Charing Cross Telegraph Office would come into my charge—these produced, except the one from Glasgow, came into my hands—all the messages handed in from any office in England and Wales come to me, but not from Scotland (The witness produced four, Nos. 28, 183, 406, and 527).
JAMES KEECH . I am principal warder at Millbank Prison—I have had Thomas Gallagher in my charge there—I have seen him write on several occasions while there, and have acquired a knowledge of his handwriting—I believe the telegram produced to be in his handwriting (This was No. 28, dated 27th March, 1883, from Thomas Gallagher, Charing Cross Hotel, to Alfred Whitehead, 128, Ledsam Street, Birmingham: "Will see you soon, feeling all right").
JOHN EDWARD CROWE . l am the proprietor of Edwards's Hotel, Euston Square—on 22nd March the witness Norman came there and took a bedroom on the ground-floor—he gave the name of Norman—next morning he inquired as to some carriage builders—three or four days after he had been there a person called on him who. gave the name of Fletcher—I am rather bad-sighted—I have no doubt I saw that person at the police-court—to the best of my belief it was Thomas Gallagher—he called on Norman two or three times before Monday, 2nd April—on that day Norman told me he Was going to Birmingham', and I was to keep his bedroom for him till he came back—he had paid his bill almost every day—he said he thought he should have some heavy luggage, and he should require "Boots" to meet him, and he would let me know by what train—about 4.30 that afternoon I received this telegram: "April 2nd, 1883, from Mr. J. Normian, Birmingham, to Mr. Edwards' Hotel: I will not be home to-night"—on Tuesday morning, the 3rd, he returned" about 10 o'clock—he brought ho luggage with him—Thomas Gallagher called on that day, I think in the morning, and also in the evening about 7 o'clock—Norman was not in then; he came in afterwards, and I gave him a message which Gallagher had left for him, that he wished him to go with him to the theatre that night—on receiving that message Norman went out—a telegram came for him during his absence; it was given to him on his return between 8 and 9 o'clock (This was No. 527, dated April 3rd, 1883, West Strand, 8.46, from Fletcher to W. Norman: "Call at Charing Cross Hotel, ask for me")—on receiving that he went out and returned about 10.30—on Wednesday morning, the 4th, he left about 9 o'clock, paying his bill, saying he should not want his room any more
—I feel sure that Thomas Gallagher called that, morning, and they went out together before breakfast—they were gone about a quarter of an hour—I think it was after his return that he said he should not want his room any more—I never saw him again till he was in custody—he left his portmanteau at the hotel—it was placed in the hall ready for him, and Inspector Mackie afterwards took possession of it—it was in the same condition as when it was left.
Cross-examined by MR. CLARKE. I identified Dr. Gallagher as well as I could at the police-court; I said, "I think I recognise the person"—I can see him better to-day than I could in the other Court; I had no difficulty then, when I got down and saw him closer, after I had given my evidence—I believe I said I did not take much notice of him—I was not sure till I had seen him and looked at him.
Re-examined. I went from the witness-box and got nearer to where the prisoners were standing, and I then had no doubt—I have no doubt now.
GEORGE GLANVILLE . I am clerk at the American Exchange, 449, Strand—I know Thomas Gallagher—he is the farthest from the Jury box—he first registered at the Exchange on 8th November last year—I have the register—he entered his name and address in it, "Dr. Thomas Gallaher, Brooklyn, staying at the Midland Grand Hotel"—on 24th November he called again and took a ticket of membership for one month, for which he paid in advance—during that period I saw him on several occasions at the Exchange—I can't exactly remember the last time I saw him, but I think it was some time in December—I saw him again on 27th March this year—on that occasion he signed the register, u Thomas Gallaher, New York, Charing Cross Hotel"—he spelt the name without the "g" on both occasions—on this occasion I gave him a ticket of membership for one month—this (produced) is the ticket I gave him (This was dated March 27th, 1883, and signed "Thomas Gallaher"—the member signs the ticket for identification of signature—I do not remember whether he stated on that occasion where he had come from—I would not be positive whether he mentioned any vessel, but I know that I got to know in some way, whether from him or not, that he came in the Parthia—after that, 27th March, he came to the Exchange frequently—about 30th March a telegram came—he did not speak to me about that one—I took one in not addressed to him, but in another name—to the best of my belief Ansburgh came to the Exchange two or three times—I had no conversation with him.
Cross-examined by MR. CLARKE. The American Exchange has been established about 12 years—we are American bankers, but we have besides that, for the convenience of Americans, a reading-room and writing-rooms, where, although they do not bank with us, they are free to come by paying a certain fee—it is extensively used by Americans—we keep a careful list of the members, and also a book in which all who come are registered, their names, the town they come from, and where they are staying in London; not necessarily all members—the list is for general use for Americans in London—we have one paper, the Continental Times, published every week, which publishes a list specially for us, our London arrivals and our Paris ones as well—no other paper publishes the list, but the Continental Times has a large circulation—by entering his name and address with us he would be practically advertising his
pretence in London—we get a list from the steamship companies of passengers in each vessel as they come over.
Cross-examined by Ansburgh. I saw you at Bow Street the first day you came up, early in April—I did not notice the dress of the young man I saw at the Exchange—I recognise you by your features—I think I saw you two or three times—I will not positively swear it; that is my impression.
CHARLOTTE MATILDA CLARE . I live at 17, Nelson square, Blackfriars Road—on Saturday, the 31st March last, I had a bedroom to let, a that room on the third floor—the prisoner Wilson came to my house on that day, between 2 and 3 o'clock, and asked me if he could have the room and stay there—he agreed to pay 6s. as rent, and paid me a week in advance—he had no luggage when he came, but he went away and returned with a portmanteau—I asked him his name, and he said "Wilson"—he went out for a time alter he had tea, and whilst he was away I went up to attend to his room—I moved his portmanteau the next morning—it was not heavy—on the Sunday evening I saw two or three persons as I was entering the square—I had an idea that Wilson was one of them—he followed me in almost directly—I could not recognise any of the persons in the square—on the Monday I saw him at breakfast, and he asked me for ink and paper—he told me he had come to work up for examination—I asked him if it was for the Civil Service, and he said "No, for the medical"—he said that he had a tutor at Charing Gross—he then went out and returned some time in the afternoon—on Tuesday, the 3rd of April, he went out after breakfast, and came back in my absence in the afternoon—he did not sleep at my house that night—he took his portmanteau with him, but left a few things behind him—on the Wednesday he came back about 3 o'clock, and brought his portmanteau again—I drew his attention to one of the handles being unsown and loose—he took his portmanteau upstairs himself—in the evening he went out again—the next day, Thursday, I went into his room; I took hold of his portmanteau, but it was so heavy I could not move it—when he came back he was accompanied by another man—whilst he was in his room with the other man Inspector Littlechild was in the house; and he, and some other officers with him, went up and took them into custody.
ELIZABETH CLARE . I am sister-in-law of the last witness—I remember Wilson lodging at our house—on the Tuesday he went out directly after breakfast; I was there when he came back; he brought a small parcel under his arm—he did not sleep there that night; he told me he was going to Wolverhampton, and would be back next day, probably about 12 o'clock—he said his tutor was going with him from Charing Cross—I moved his portmanteau when he was going away—it was not particularly heavy then.
GEORGE DICKENS (Re-examined). I now produce my book—the names Wilson and Gallagher are entered in it—Wilson left his portmanteau on the 29th March, and it was taken away on the 31st—the number is 51627—we put a label on the luggage with the initial of the person leaving it, and the number of the ticket—this portion of the label (produced) has "W" on it and the figures "516 u—" 27 u is torn.; they are my figures—the ticket would remain on the portmanteau when it was taken away—here is also an entry in my own writing, with the
name of Gallagher, and No. 51628—the same figures 516 go on right through the year—this entry is "Gallagher, two bundles and a bag deposited on 29th, taken away on 30th."
Cross-examined by Wilson. I hare not torn out any leaves from the book—the name of Gallagher follows yours.
HENRY NICHOLLS . I am salesman to Cow, Hill, and Co., indiarubber manufacturers, 46 and 47, Cheapside—on 30th March I sold a water pillow, about 26 inches by 18 inches, not to any of the prisoners—the price was 14s. 6d.—it had a brass nozzle to fill it by, and a screw—on 4th April I sold two indiarubber bags; to the best of my belief to the prisoner Wilson—we do not often sell two at a time—this is one of our business cards (Found at Charing Cross Motel.)—anybody can easily get one of them.
Cross-examined by Wilson. I said at Bow Street, "Wilson is the person who made one of those purchases," but I do not know which, but the purchaser called afterwards and cleared that up—it was after 2, and it may have been 3 o'clock.
JOHN DOYLE . I am a salesman to Cow, Hill, and Co.—on 5th April, between 10 and 11 a.m., a man, who I believe to be Wilson, called and asked for some air pillows—I showed him some—he bought three, paid for them, and took them away—I fix the date by the ticket "5.4.83 three pillows"—these are the three pillows I sold (produced).
Cross-examined by Wilson. I cannot swear to you.
WILLIAM HENRY WALKLEY . My father has a shop at No. 5, Strand, and I assist him—I sold this pair of fishing stockings on Tuesday, April 3rd, to Gallagher—he asked for gas bags, but I told him we did not keep them—he looked round, saw the stockings, and asked what they were—I told him fishing stockings—he said they would be useful for wading in the summer, and bought them for 21s., telling me to send them to Charing Cross Hotel—I sent them 10 minutes afterwards, and 20 minutes or half an hour subsequently Wilson came in, and inquired if the bags had been sent to Dr. Gallagher—I told him we had no bags to send to Dr. Gallagher, but a pair of fishing stockings, and that I had sent them—he said "Dr. Gallagher asked me to call as I was passing," or something to that effect.
Cross-examined by MR. CLARKE. They did not make a very cumbersome parcel—they were ready to be taken away if he had chosen, but instead of taking them he gave me his name, and the number of his room.
THOMAS HENRY JESSEE . I am a macintosh and umbrella maker, of 6, Duncannon Street, Trafalgar Square—on 3rd April, between 10 and 11, Dr. Gallagher came and asked for an indiarubber pillow or bag for medical purposes—I showed him one, which was not large enough—I pointed out to him a large bed, price 2l. 15s., for which he paid me with a bank note, and gave his name Thomas Galher, 312, Charing Cross Hotel—he asked for an estimate of some other bags, and I said that I would send one with illustrations, and the sizes and prices—those would not be solid rubber like these—I sent the bag and the estimate.
JAMES CROWDER . I am 13 years old, and live at Birmingham—on 1st of March I was passing along Ledsam Street, and I saw a notice in a shop window that a boy was wanted—over the window was "A. G. Whithead"—I went in and saw Mr. Whitehead, the prisoner, and he engaged me at 5s. a week—I remained with him until he was taken into custody—no
one was employed there besides myself—there were paper and brushes and paints in the shop—I never sold things or saw much sold—Mr. Whitehead told me he was mixing paints—he worked in the back premises with two suits of clothes on, and his nails and fingers were stained yellow—after I had been there about a week I heard a noise worse than the report of a gun—I opened the door between me and the shop in the direction the noise came from, and I saw that the room Was full of smoke—Whitehead was there, and I asked him what it was—I understood him to say that he had a pistol in his hand, and it accidentally went off—I did not see any pistol—a pane in the kitchen window was blowed out—I saw Thomas Gallagher at the shop about a fortnight or three, weeks afterwards—he asked if Whitehead was in—I said "Yes;" but before that I saw a telegram for Whitehead; I do not know what was in it—he gave the name of Fletcher, and I tapped at the window for Whitehead to come into the shop—Gallagher asked him if he sold oil, and Whitehead said "Yes "—something was said afterwards by Gallagher that I could not hear, as he leaned over the counter—Whitehead then sent me for three halfpennyworth of soap from the Parade, and I went to Oxley's, on the Parade, which was about a mile away—he said I need not hurry—when I came back with the soap the two men were still together, and Whitehead said I could have half a day's holiday, and take a nice walk round the town—next day Whitehead said he wondered why Fletcher had not sent for the oils he had ordered—Wilson, to the best of my belief, afterwards came in a cab and said He had come for the oils Fletcher had ordered—he went into the back premises with Whitehead—I did not see him come out again because I was asleep—it was 9.30 or 10 a.m.—Norman afterwards came with a black box, which was taken into the back kitchen, and afterwards taken away in a cab—this is it (produced)—I saw a portmanteau brought there the same day—Norman brought it about 10 o'clock—I saw it taken into the back kitchen, but did not see it taken away.
Cross-examined by MR. CLARKE. I don't know what made me so sleepy that morning—I was not sleepy the morning the person called and saw Whitehead—I only saw that person once—I was sent out directly he came—he was still in the shop when I came back, I am sure of that, and Whitehead also—I was sent out again directly—the stranger did not speak to me after I came back from the Parade—Mr. Whitehead told me to be off at once for a half-holiday—I cannot tell how the stranger was dressed; I did not notice his clothes; I did not notice what sort of coat he had on, or whether he had anything in his hand, or what sort of a hat he had—I did not notice whether he kept his hat on or not—there was nothing particular that I noticed about him—he had a long beard, I am quite sure of that.
Cross-examined by MR. WAITE. Whitehead did not tell me to go out till the gentleman whispered in his ear.
Cross-examined by Wilson. Mr. Dibble's son told me that you called at Whitehead's in a cab—he told me nothing more—I do not remember at Bow Street a gentleman catching hold of me and pointing you out and saying "That is Wilson," or any gentleman speaking to me abort you before I gave my evidence—I will not swear that you are the person who called at Whitehead's—I only form my opinion from what Mr. Dibble's son told me.
By the SOLICITOR-GENERAL. Mr. Dibble is the house agent for 128, Ledsam Street—he let the house to Whitehead—to the best of my belief Wilson is the man.
By Wilson. Mr. Dibble's son did not show me a likeness of you—Mr. Black did; he showed me all of them—he did not point out one and say that was Wilson; the names were under.
By the COURT. I saw the picture of Wilson at Delamotte's Hotel after I was at Bow Street two or three days ago—I had the talk with Mr. Dibble's son a day or two after Whitehead was arrested—Mr. Black was showing the pictures to a gentleman who was stopping at Delamotte's Hotel the other day, and there I saw them; and I saw them at Birmingham, at Moor Street Police-station about a week before I came to London—I did not know that it was Wilson before I saw the pictures—I thought it was him when I saw the pictures—I am sure about it now—I never sold anything in Whitehead's shop; he used to sell them—he sold five sheets of paper and two paint brushes and threepenny worth of paint—that is all I recollect his selling.
HENRY AVERY . I am a trunk maker at Birmingham—on Wednesday, 4th April, Norman came to my shop and bought a large black box, which he took away in a cab—I have seen it here; it had three partitions in it—these (produced) are them.
RICHARD PRICE . I am a sergeant in the Birmingham Police Force—at the end of March I became aware that chemicals were being delivered to the shop, 128, Ledsam Street—I went and looked and saw the nature of the shop—I saw that "A. G. Whitehead" was over the door—in consequence of what I heard, on the 31st March I dressed myself as a painter and went into the shop—I purchased a brush from Whitehead, who was called into the shop by a boy—I saw that his dress was burnt very badly by acids, and that he was wearing two pairs of trousers, two waistcoats, and a coat—I saw a carboy in the shop—I reported what I had seen to the Chief Constable; and in consequence of information I entered the shop with a skeleton key about two o'clock on the morning of April 2nd—I found in the front shop seven glycerine tins, some empty and some full, one carboy of acid, some paper-hangings, brushes, and colours—there was but little stock in the shop—in the room at the back I found six carboys of acid, some salters' scales, such as are used for weighing acids, a thermometer, and a portmanteau containing papers—Whitehead's clothes, in which I had seen him, were lying on a chair—there was a scullery going out of the back room—there I found three more carboys containing acids—there was a furnace in the scullery—it had a funnel over it—there was no light in it—the furnace was an earthenware vat containing some glycerine and acid—in a bucket was some white fluid, with some water over it, and also some more in another vat in the scullery—over the shop were five bed-rooms, and each of them was empty—I went in again about the same time next morning, Tuesday, the 3rd—the glycerine tins were more full, and a lot more were empty—I found that work had been going on—I took samples of the liquids in process in the vat, and gave them to Dr. Hill, the Borough analyst—each time I entered I felt round the door to see if there was anything there, and on the second occasion I found that a walking stick has been propped up against it, and I removed the stick before I went in—I produce the clothes worn by Whitehead—the coat has a label on it,
"Brooks Brothers, Broadway, New York"—on Thursday, the 5th April, about seven in the morning, Mr. Ferndale, chief constable, Inspector Black, and I went to the place again and took possession of the things that were there—Whitehead was next door, in a house adjoining, but not opening into the shop; it was quite a distinct house—he was living there, and I brought him into the shop—I said to the Chief Constable "This is Mr. Whitehead," and he ordered him into custody—Inspector Black asked him how he accounted for the acids and things, and Whitehead said that it was his business—before he answered the questions, Black said "I want to tell you who we are; we are all police officers, and now we want you tell us how You account for the acids and the stuff you have in the vat of the furnace"—Whitehead said "You want to know too much; I am not going to pay to learn a profession, and to let every one into my secrete"—the Chief Constable told him he would be charged with having explosives in his possession—there was a cupboard in the room, and he wanted very badly to get to it—I stood between him and the cupboard—he said he would not go until he had blacked his boots—in the cupboard I afterwards saw about a bottle of sulphuric acid and a small bottle of nitric acid—there was a blacking brush as well—Inspector Black took possession of the things.
Cross-examined by MR. WAITE. I have been in the force 17 years—I got to know about nitro-glycerine in this way: I have been very fond of electricity, and I used to attend the science schools on electricity—nitro-glycerine was not a part of the lectures, but sulphuric acid and nitric and was, and it came up one evening that those two acids and glycerine would make nitro-glycerine—that was not the reason why I entered the shop, but after what I was told had gone there it roused my suspicion—it is a very uncommon thing for those engaged in painting to wear two pairs of trousers and two waistcoats; it is very seldom that painters or drysalters wear anything but a green baize apron—I never saw them wear two pairs of trousers, only overalls—I never lived in a mining district—I nave heard that a great deal of dynamite is used in England made of nitro-glycerine in stone quarries where they explode—I replaced the stick against the door when I came out—to do so I put my arm through a large hole in the door that was cut for a letter box—I have no knowledge of the strength of sulphuric or nitric acid necessary for making nitro-glycerine—there was one dirty shirt in the cupboard, but no clean things—there was one brush in the cupboard—I never said that there was no brush.
JAMES BLACK . I am an inspector of the Birmingham Police—I went with the last witness to the shop in Ledsam Street—I saw some tins and carboys with liquids in them—Whitehead said that he had occupied the premises since the 12th of February—he was taken into custody and charged with having the explosives in his possession for the purpose of committing a felony—I asked him to tell me the name of any person with whom he was doing a legitimate business, and he replied "Oh you want to know too much"—he said that he came from Plymouth—I asked him what part of Plymouth, and he again answered "You want to know too much"'—I asked him what was in the vat and boiler, and he replied "I have had to pay for what I have learned, and I am not going to expose my secrets; there are plenty of chemists about, ask one of them"—there was not much else in the shop besides there acids, only a little wall
paper, which was placed unrolled down the walls, which made it look as though the shop was full—Mr. Hill, Dr. Dupre, and Colonel Majendie examined the stuff that was in the shop—we found a pocket-book with "Hy. J. Wilson" and "H. J. Wilson" each written twice—it also contained the railway time-table from Euston to Liverpool—on the last page but one is "A.S. 12," "6 A.N."—I found the letter produced, signed Henry J. Wilson, and dated from 17, Nelson Square, Blackfriars, April 2, 1883:—"Dear Friend,—"If you are not otherwise engaged, I would like to have the pleasure of your company at one of the theatres this evening. I will be at the place decided upon to meet on any such occasion at 6.30." Signed "H.J. Wilson"—I also found a grocer's card at Ledsam Street, and it has "Thos. G., Charing Cross," written in red ink on the back of it—there was a piece of paper with "G" written on it three or four times, followed by "Charing †," and then "dun" written after the cross—on another piece of paper are the figures "420," and then "Manh.," the beginning of Manhattan—just underneath is "G," and the rest torn off—I also found a list of some shirts purchased of Lewis, of 6, Ranelagh Street, Liverpool, and this envelope (an American one); this receipt for sulphuric and nitric acid supplied by Judson, and another for the salters' scales and tin funnel—I showed some of the jars I found to Mr. Truro—I also found the partitions of a box which had been produced and a portmanteau which Norman has spoken of—I find in this pocket-book something in cypher which has not been deciphered.
Cross-examined by MR. WAITE. I found 9l. or 10l. worth of stock there, not reckoning the sulphuric acid or the paper—the paper is worth 2l. 1s. 8d.—I should be surprised to find that over 20l. was paid for it—people start shops in Birmingham with less than 20l.—there were other books and papers in the cupboard which are here—there was an American dictionary, some pieces of newspaper, a few bill-heads "Bought of Whitehead and Co., wholesale and retail dealers," and a prayer-book, in which is the name of Whitehead, Millbay, Devonport.
THOMAS EDWARDS . I am boots at the Midland Hotel, Stephen Street, Birmingham, and remember Whitehead's arrest on the 5th—I saw Wilson at the hotel the morning previous—it was about 9.10, and he asked me to fetch his portmanteau down from Boom No. 97—I said I would do so in a few minutes—he said he was in a hurry to go, and gave me a coin, which I put in my pocket, and fetched a big black portmanteau down bound with brown and took it into the office—I did not notice the coin at the time, but when I brought the portmanteau he was in the hall and asked me if he had not given me half a sovereign in mistake for a sixpence—I took out the coin and found it was a half-sovereign—I gave it to him, and he handed me a shilling—I was taking the portmanteau to the station when Wilson called me back and said that he wanted it put on a cab—I put it on the footboard of a Hansom, and he was driven in the direction of Ledsam Street—I am quite sure Wilson is the man—this is the portmanteau as far as I can say.
WILLIAM BOWEN . I am a cab-driver in Birmingham—on 4th April I was on the stand with my Hanson when I was called to the Midland Hotel; the prisoner Wilson got into my cab, and I drove him with a portmanteau, which the boots put on the cab, to 128, Ledsam Street—he entered the shop and I took the portmanteau in—I saw the boy Crowther
here—I had. seen Wilson between 9 and 10 o'clock the night before in the station yard by the Queen's Hotel door—he had a portmanteau with him, and I asked him if he wanted a cab—he did not engage me but vent to the Midland Hotel.
Cross-examined by Wilson. I do not know Mr. Littleson—I was not told that a man named Wilson was arrested—I never saw your likeness.
ROBERT LANCHESTER . I am a cabman, of Birmingham—on 4th April, a little before 11 a.m., Wilson fetched me from the Five Ways rank, and took me to 128, Ledsam Street—he got out, and I asked him if he had any luggage, he pointed to a portmanteau in the shop—I went to lift it, but found it was very heavy, and said "Good God, have you got sovereigns in here?"—he said "I will help you," and as we were lifting it the handle he had hold of broke away in his hand—we got it into the cab, and drove to the New Street Station—the box was placed to the pavement, and a porter named Dee took it to the platform.
Cross-examined by Wilson. I will not swear to you, but I believe you to be the man—no one pointed you out to me—no one showed me your portrait—I won't swear to you, but I believe you to be the very man.
GEORGE DEE . I am platform porter at New Street Station, Birmingham—I was there on Wednesday evening, 4th April—there is a train for London about 11.30—I remember Lanchester's cab arriving with a passenger and a portmanteau—Wilson is the man—I asked him where he was going, and he said "Euston"—I said I would label it "Euston," and he said "Yes"—I went to pick it up, and found one of the handles broken—I tilted it on one end, and placed my arms under it—Wilson said "Be careful, old pal"—I can't exactly swear to the words—I said "What does it contain, pig iron?"—its weight was enormous—I carried it down to the lift, and Wilson went to the booking-office—there was a 6 p.m. train to Birmingham—I saw Norman drive down there about 5.45 or 5.50—he brought with him a large black box, and left by the 6 o'clock train.
Cross-examined by Wilson. I am prepared to identify you—I could not swear to or identify every one for whom I carry luggage—I can swear to you, because from the weight of the portmanteau I took notice of you.
GEORGE REES (Birmingham Detective). On Tuesday, 3rd April, I received instructions to watch 128, Ledsam Street—on the morning of the 4th I saw a cab drive up to the door at 9.35 a.m., and Wilson alight with a portmanteau, which Bowen brought out and took into the house—Wilson left at 10.40, and took Lanchester's cab—I followed in another cab—I did not see the portmanteau brought out, because I had to evade him—he drove towards New Street Station about 11.5—I reported the matter to the chief constable—about 5.45 on the same day I saw Norman at New Street Station—a black box was labelled and put into the train—I got into the next compartment—I caused a telegram to be sent to London—I saw Norman leave the train at Euston—Inspectors Mackie and Langrish were there in plain clothes—a man was standing behind a post, but I could not recognise him—I went to the Beaufort Hotel, and there I saw Norman and the black box.
Cross-examined by Wilson. I asked Bowen and Lanchester at Bow Street if they could recognise the man driven to the railway station, but I did not point you out.
at Euston Square Station when the train from Birmingham arrived at 9 o'clock—I was hailed by a porter, and a heavy black box was put on to my cab—Norman got in, and before I left the station Thomas Gallagher got in—I was ordered to go to No. 2, Southampton Street, Strand—at Torrington Square Gallagher got out, and I was told to go on to the Strand, where Norman got out.
LAURA CAROLINE DE LA MOTTE . My mother keeps the Beavfort Hotel, 2, Southampton Street, Strand—on Wednesday, 4th April, between 12 and 1 o'clock, Thomas Gallagher came and said he required a room for a medical student—he engaged Boom No. 3, on the third floor, at 28s. a week, stating that his friend was coming from Birmingham, and that his name was Norman—he said the room would be wanted for a month or two, that Norman was a very nice young gentleman, and would we take great care of him, he was going to walk the hospitals—Norman came later on, but I did not see him—the police came late at night, and took him in custody.
JOHN LANGUISH (Police Inspector). I took Norman in custody at 12.30, and took possession of his large box, and took both to Bow Street Police-station, where I searched him and found three keys, two of which opened the locks of the box, in which was a large bag, containing a liquid—it was a large bag, and filled the box—H was taken to Woolwich the same morning—I found a 5l. note on him stamped "March 10th, 1883, New York;" this telegram, "Fletcher to Norman—Call at Charing Cross and ask for me," on a form of the American Exchange, Strand r directed to Thomas Gallagher—on 15th April I went to GlasGow and saw Bernard Gallagher—I told him he would be charged with being concerned, with others, in conspiring together to destroy public buildings by means of explosives—he said, "I am very pleased I am going to London over the matter, as I know I shall be able to clear myself of this"—he was brought up to London! and charged with the other prisoners at Bow Street.
ADAM MACKIE (Police Inspector). After Norman was in custody and the large box had been examined I took it to the Royal Arsenal, Woolwich—I got there about 6.15 on the 5th, and left it with Mr. Brown, who examined it—I got the keys from Langrish—I went to Edwards's Hotel and got a portmanteau from the proprietor—I opened it and found in it a catalogue of Harris, 9, Bull King, Birmingham, referred to by Norman in his evidence, and some American newspapers.
THOMAS CARD I am a cabdriver—on Wednesday, 4th April, I was at Euston Station about 2.30 when the train from Birmingham arrived—the prisoner Wilson, to the best of my belief, got in with a very heavy portmanteau—he told me to be very careful with it, not to trust to the handles, for it was very heavy—one handle was broken away—he told me to drive to 17, Nelson Square, Blackfriars—I did so, he got out then and the portmanteau was carried in—I should think it weighed upwards of one cwt.
JOHN GEORGE LITTLECHILD (Police Inspector). On 5th April I with other officers went to Nelson Square, Blackfriars, about 1.30 p.m.—Wilson and Thomas Gallagher were there—I said to Wilson, "We are officers of police, and for the present you will be detained until we see what is in this room, as we have reason to suppose that there is a quantity of explosive material here; the first thing I want to know is what is in that portmanteau," alluding to one under the dressing
table—Wilson said, "You bad totter look and see"—I drew it out—the key was in the lock—I opened it, and found on one side of it what seemed to be two bags, but they turned oat to be indiarubber fishing stockings full of some liquid—I said "At this appears to be an explosive substance, you will be detained until some more specific charge is preferred against you"—Wilson made no reply, but Gallagher said, "what am I to be detained for? I know nothing about this; I only met this young man for the first time this morning"—I asked Wilson his name, be said "Henry Hay ward Wilson"—the other gave his name as Dr. Thomas Gallagher, room 312, Charing Cross Hotel—I found on Wilson between 11l and 12l. in money—there were three empty clean india rubber bags in the room, and in the pocket of a pair of Wilson's trousers was this small spring (produced)—an under waistcoat of Wilton's was found saturated with something—it was wet in portions at from some oily matter, and was taken to Mr. Hake, the assistant to Dr. Dupre at Westminster Hospital—I searched Gallagher and found on him 115l. in Bank of England notes—most of them were stamped "Colgate and Son, New York"—I also found upon him 2,345 dollars in American notes—I afterwards found a letter of credit at the hotel for 600l.—in the roan I saw found two indiarubber bags and a' pair of fishing stockings, a glare thermometer, a bill of Lewis's, Liverpool, for a suit supplied to Wilson, some of the American Exchange tickets signed by himself 27th March, cards of Edwards's, Sevage's, and Delamotte's Hotels, a business card of Cow, Hill, and Co. an envelope and letter addressed to Thomas Gallagher, American Exchange, London, and bearing the Glasgow post mark, April 4th, and a draft advertisement, "Wanted, Furnished Apartments, with stable for two hones and carriage, &c., apply to J. G., American Exchange"—I arrested Curtin on 7th April, in Euston Square, about 11 a.m., whilst walking towards the station from Woburn Place—I called him by the name of Curtin—he turned, and I said that we were officers of the police, and must take him to the police station—he said "What am I arrested for?"—I said "At present I cannot say you are arrested, but I wish you to go with me"—I put him in a cab, and took him to Scotland Yard, where he was seen by Superintendent Williamson, who asked his name and address—he said "John Curtin, Upper Woburn Place," and that he came from New York on 6th February on board the Egypt, landed at Queenstown, went to Fermoy, his native place, to see his parents, and then went to Glasgow, where he worked in the Clyde Shipbuilding Yard, and lived at 36, West Milton Street—he was asked his address in New York—he said "301, East Fifty-Ninth street"—he was asked to account for his connection with Dr. Gallagher, of Charing Cross Hotel—he said, "I don't know such a person"—he was then asked why he Wrote to him, and he replied that he never had—he was shown the letter which I bad got from Charing Cross Hotel—he opened and looked at it, and said he never wrote it—I have seen Curtin write his name and address since he has been in custody, and I believe the letter to have been written by him: (Read) "Dear Sir,—I arrived here yesterday and am stopping at 12, Woburn Place, till I hear from you. Let me hear as soon you can. Yours truly, John Curtin." This post-office order signature is also in Curtin's writing—I took him to Bow Street and he was charged.
Cross-examined by MR. ROWLANDS. I have never when him write anything
else—I have had considerable experience in writing, and I believe it to be the same.
Wednesday and Thursday, June 13th and 14th.
JOHN GEORGE LITTLECHILD (Re-examined). I produce some of the bank-notes found on Thomas Gallagher—the stamp at the back is J. James, B. Colgate and Co., New York, March 10, 1883—twelve out of the seventeen are stamped in that way—I produce the letter of credit and the printed cards "Thomas Gallagher, 420, Manhattan Avenue, Brooklyn"—then are two orders for the House of Commons, one dated 16th November, no year, and the other 17th November, 1882; also a map of Bimingham and one of London—I don't observe any marks on the map of London—on taking Curtin into custody I found on him a pawn-ticket for a watch and Albert, pledged at Vaughan's in the Strand for 2l., on 7th April this year—I was at Bow Street when Whitehead was brought up from Birmingham—after his examination before the Magistrate Whitehead and the other prisoners were in the passage of the Court, Curtin recognised Whitehead and shook hands with him—on Sunday, 8th April, I went with other officers to Savage's Hotel, 38, Blackfriars Road, about 12 o'clock, I saw there Ansburgh—I told him that we were officers of police, and requested him to accompany me to Scotland Yard—he said "What am I arrested for?"—I said "At present I cannot say that you are arrested"—I took him to Scotland Yard with his luggage, * both these and at Savage's Hotel there was some conversation between him and Inspector Williamson—I asked him to say what he was doing in this country—he said "Why should I give any explanation of what I am doing here?"—he was told by Superintendent Williamson that anything that might happen to him would be his own fault if he did not give some explanation of himself—he said he came from America—he gave me, is that, no explanation of where he came from—I showed him this photograph (produced) of Thomas Gallagher at the hotel—he said "Who is that?"—I said "Your friend Dr. Gallagher"—he said "I don't know it"—he was detained in custody and searched, and a small sum of money was found on him—when I first saw Gallagher he was shaven all but a small moustache and slight side-whisker—Wilson wrote the whole of this document in my presence except the "M 36" at the top, and signed it—I find the name "Henry Wilson" written on the first page and several times in this book (this was the book produced by Black, which was found with the pencil and telegram on Whitehead), in the handwriting of Wilson to the best of my belief—there is also some writing in pencil which appears to be in Wilson's handwriting—the pencil letter of 2nd April is also in his writing, and so is the telegram No. 183, "Harry Wilson to Gallagher, Charing Cross Hotel, April 3rd, 1883, 5.45—sorry cannot see you to-day, have to call on Alfred, will see you to-morrow evening"—on this ticket (produced) there is part of a "W," and red pencilling—Wilson's portmanteau was brought to Scotland Yard from Woolwich after the stuff had been taken out of it—I directed the officer Melntyre to take the labels off—I did not actually see him do it, but afterwards he handed it back to me, and I told him to paste it on separate pieces of paper—it was the portmanteau I had seized at 17, Nelson Square—Dowell took it to Woolwich.
Cross-examined by MR. CLARKE. Dr. Gallagher was searched is my presence by Shee of the Royal Irish Constabulary, at 17, Nelson Square—
the documents taken from him were handed to me—I searched Wilson at the same time in the same room—the things taken from Gallagher were put in his hat, the things taken from Wilson I put in my pocket, and when I went away I put Dr. Gallagher's things in my handkerchief this was not found on Wilson—I got this photograph from Charing cross Hotel, it was in Dr. Gallagher's trunk in his room—this is clean-shaven it was a great deal more like him then than it is now—I think he is very much the same so far as hair is concerned—he was quite recognisable by this when arrested—the alteration in his appearance has happened since he has been in custody.
Cross-examined by MR. ROWLANDS. Curtin said among other things. that he had been working at a Clyde ship-building yard—I mentioned that before—from inquiries that have been made I believe he gave a correct address, and the account he gave was substantially correct with the exception of his address in New York—I found on him the address of a Mrs. Galley, living at Blackburn—the accounts of himself he gave were in answers to questions put by Mr. Williamson—I think Mr. Williamson asked him, "How do you know Dr. Gallagher?" or words to that effect, before Curtin said anything about not knowing Dr. Gallagher or having written him a letter—I don't know if there was a newspaper of the day before found on Curtin—an account of Dr. Gallagher had been published in the newspaper of the 7th—I was present when he was searched—I do not think there was a newspaper in his hand; I have no recollection of seeing it—the shaking hands with Whitehead was in the cell-passage at Bow Street Police-court on the 12th April I think—this was the first time that Whitehead had seen the other prisoners, with the exception of in the dock, where they had been, together for two or three hours—I did not catch any conversation between them—something was said, the talking was not general, they were put in a line to be taken away in the van—I did not catch words to the effect, "Well we are in a mess together, we may as well shake hands," they might have said so—I have had considerable experience for a number of years in handwriting—the pawnticket is signed John Curtin, 12, Woburn Place—I found 2l. and 1s. or 8s. in silver on Wilson, also this unpaid bill for 19s. 6d.
Cross-examined by Wilson. I don't remember picking up a piece of paper from the floor while I was searching you, and saying to the officer who was searching you, "Where did this come from?"—the first time my attention was called to Lewis's bill was on finding it among the papers taken from Gallagher, in the hat on the table—I found the under vest in the portmanteau after it came from Woolwich—this (produced) is the document I saw you write, it is about a shirt and some collars.
Cross-examined by Ansburgh. I first saw you in the public room at the coffee-house—we followed you into the hall and said we were police officers, and asked you to accompany us to Scotland Yard—I said nothing more than that—I did not say, "I am sorry to see a young fellow like you in such a mess"—you asked what you were arrested for, and I said, "At present I cannot say that you are arrested"—I can't say if I said, "If you do not be very civil here you will get a rough Handling"—I had to request you to be civil, and I said it was a pity you did not know how to be more civil—I did not say, "I will have nod—d Yankee nonsense here"—I did say, "You must remember you are in England now and
not in America," when I requested you to be more civil—I guessed you came from America by your accent—when you were asked at Scotland Yard where you came from you said from America and from Newcastle-on-Tyne—I think Mr. Williamson asked you what you came here for, and I think you said, "I came to try and make a living"—I am not quite sure whether I have stated that before—you did not say you had to leave America under unpleasant circumstances—I will swear you did not say so.
Re-examined by the ATTORNEY-GENERAL. I told Ansburgh he must be more civil, because he began to be very impertinent and to use very unpleasant language, he began to abuse me.
Ansburgh. I can tell you what the reason was: when he took the money out of my pocket I told him to take account of what money I had.
Witness. Which I was doing—I did not get mad or out of temper—you said, "Well, be pretty careful what you are doing with it," and I said, "I will be careful."
By the ATTORNEY-GENERAL. I had possession of a shirt belonging to Curtin which I got from his bag—I gave it to Bryce, the warder at Millbank, and it was given to the prisoner—I don't know what became of it; it bears the name of Kent—I found in Curtin's portmanteau a memorandum showing his movements since he left America and so forth, it is in his writing. (Read: "Left America February 6th, arrived in Queenstown February 16th, Glasgow February 23rd; left Glasgow for Blackburn March 2nd, arrived back in Glasgow March 7th. Mr. Cameron's War Boat, Paisley Road.")
By the COURT. I did not hear what passed between Curtin and White-head when they shook hands; I had not seen them speaking together before that.
By MR. ROWLANDS. I found several shirts besides this one; two only were marked "J. Kent," the others had no mark whatever.
JOHN DOWDELL (Police inspector). On 5th April I was at 17, Nelson Square, when Thomas Gallagher and Wilson were arrested—I saw a portmanteau there—this (produced) is it—I took possession of it, and took it in a cab to Woolwich Arsenal, where I opened it in the presence of Colonel Majendie and Mr. Brown—they took samples of it—I then took it to the magazine; it was there opened and I saw the contents—it was the two fishing stockings which have been produced containing some liquid; also an undershirt—when we got to the magazine the liquid had been leaking out of the stocking, we had not tied it up properly, and we wiped it up with the shirt, which Littlechild afterwards conveyed to the hospital.
PATRICK MCINTYRE (Policeman). A portmanteau was pointed out to me at Scotland Yard by Littlechild—I was directed to take off the labels—this is the label I took off with part of a W and red figures—there were three other labels pasted one over the other—I had to take them all off and separate them.
WALTER SAVAGE . I live at 38, Blackfriars Road, it is called Savage's Hotel—this (produced by Littlechild) is one of our cards—on 29th March Ansburgh came and asked the price of a bedroom—I told him 1s. 6d. the night—he asked how much a week; I said 9s.—he said he would take the room for four nights—he had no luggage with him—he came
next day and brought some things—on Saturday, 31st, Dr. Gallagher called; he asked for some one staying at the hotel, I did not catch the name he mentioned—he described him; he said he was a fair young gentleman, and I believe he said he had come on the Thursday—from the description I concluded he meant Ansburgh, I sent up for him; I believe Gallagher went up, but I am not certain—on the Sunday Ansburgh paid me 9s. for a week—Gallagher called again, I think on Thursday the 5th that he was arrested; he asked again for the same gentleman, but I did But catch the name—I told him he was out—I found afterwards that was a mistake—I told Ansburgh that his friend had called and he said if be called again to send him upstairs—he did not call again—Ansburgh remained at our house till the Sunday, when he was taken into custody—Nelson Square is three or four minutes' walk from our house.
Cross-examined by Ansburgh. I don't remember your telling me your name—I am not in the habit of asking the names of strangers who come to the house—I am sure I did not ask your name.
ROSA EVALINE PRIOR . I live at Savage's Hotel, I am sister-in-law to the proprietor—I remember Ansburgh staying there—a gentleman called twice to see him, first on the Saturday, and afterwards on the Thursday—it was Thomas Gallagher—the first time he came he went up into Ansburgh's room—I was on the staircase—I heard the click of the door as though it was locked, but I am not certain, they might have been abutting the door—on the Thursday he went away without seeing Ansburgh, and I afterwards saw him across the road with another gentleman, and they went towards St. George's Circus—I believe that is the way to Nelson Square—I told Ansburgh that I had seen his friend and the way he had gone—when Ansburgh first came he had no portmanteau—I afterwards noticed one in his room, I believe, on the Saturday morning—I am not sure of the gentleman I saw with Gallagher, Wilson is the nearest to him.
Cross-examined by Ansburgh. While you were at the hotel we had two or three private conversations on different things—you never mentioned Dr. Gallagher's name to me—I told you your friend had called, and if you made haste you might catch him—you never mentioned anything about your friend to me.
ALPHONSE SALLONSON . I am postal clerk at the American Exchange—I remember a letter and telegram addressed to Daniel Galer—Thomas Gallagher came and asked if there were any letters for him—I looked in the G box in the rack, and told him "There is a telegram and a letter for Daniel Galer, but that is not your name"—he said "No, but I want them, I am an agent for him"—I said "We can't give letters up unless you bring the gentleman to whom they belong, or get his authority"—he said that his friend was in New York, and he wanted me to make up a telegram to send over there to get an authorisation to deliver the letter to him—I wrote a telegram to that purport—it was not sent—he said it amounted to too much—he came again the next day and brought some one with him, to the best of my belief it was Ansburgh; he put his hand on his shoulder and said "This is Daniel Galer," and on that I gave the letter and telegram to the one that was represented to be Daniel Galer.
Cross-examined by Ansburgh. You were not pointed out to me before I gave my evidence at Bow Street—I saw you first when you entered the
dock at Bow Street—nobody said "That is Ansburgh" to my knowledge—I was with a friend, and we both said that we had seen you before—I believe I said that Glanville did point you out to me, but at the same time I said I thought I knew you—I cannot swear to whom I gave the telegram or letter, I did not notice the dress of the person, he was only with me six or seven minutes, I did not expect to see him in the dock—he would be about the same stature as you, that is my only reason for saying it was you; but I think I had seen your face—I think there were six persons in the dock when I first identified you—if I have said three it must be a mistake.
Cross-examined by MR. BROUN. I dare say letters were left at the Exchange for Dr. Gallagher in his name before 27th March—I have given him Several letters—I do not recollect giving him any before 27th March.
Re-examined. To the best of my belief Ansburgh is the man.
DENNIS KILFEATHER . I reside in Milton Street, Glasgow, and am by trade an iron dresser—I know Thomas Gallagher; I saw him in the autumn of last year in my house—I think he was born in Scotland—I have known him about twenty years—he went to America about fifteen or sixteen years ago—when I saw him in November he said he had come from America on a pleasure trip to see his friends—I know John Curtin; I saw him first in February last—he came to me where I was working, the Sun Foundry, and brought a note with him—it purported to come from Thomas Gallagher—I understood from Curtin that he had come from America—I asked him how Thomas Gallagher was getting on, but he seemed to know very little about him—I tried to get him employment in the Clyde Shipbuilding Yard, and I succeeded in doing so—on the 2nd of March he went to see his sister at Blackburn, and on the 7th he returned to Glasgow and continued to work until Saturday the 12th—he left on Saturday 17th—he said he was going back to his employer to see if he would start him again—be stayed at my house until 4th April—he left in the evening and took a ticket for Blackburn—the carriage into which he got was marked for Liverpool—he told me he had written to his father and mother in Ireland for money on Monday, and had got some from them on Wednesday—he did not tell me how much, but he told my wife—I was not present—she is not here—she goes by her maiden name, Johnson—he left on that Wednesday night, taking two bags with him, and I did not see him again till he was in custody—Bernard Gallagher came twice to my house and saw Curtin—he was there between 6 and 7 o'clock on the day he left, but they did not know each other till I introduced them.
Cross-examined. The note was to get employment for Curtin—he went out several times to look for employment and spent several hours some days in doing so—he told me he was disappointed that he could not get employment, and had tried very hard to induce some one to take him on again—he told me he had a sister living at Blackburn—he stopped at my house all the time he was at Glasgow, and behaved well and steadily.
Cross-examined by MR. MATTINSON. I knew the Gallagher family some years ago, they emigrated about 15 years ago to America—the father was then dead, and old Mrs. Gallagher and her sons went; there were six sons at the time—I cannot say who was the elder, but Bernard was the eldest at that time—Daniel was the youngest—Bernard was a
moulder—since he went to America he has been over here several times and has been to my house on several occasions, and I always understood he came to Glasgow to get work—I understood he worked at Shaw's foundry at Glasgow three or four years ago as a moulder—I know he worked in that direction for four or five months at a stretch—I saw him come into my house on April 1st, the Sunday night before Curtin went away—he was a little the worse for liquor, and I did not ask him where he came from—I had not seen him for three weeks or a month, and before that I had not seen him I believe for some few years.
WELLING READY . I am a clerk in the money order office of the General Post Office—I produce an application for a money order for 5l. on the usual form—I also produce the usual form of receipt for money which is received at the receiving end.
JAMES KEECH (Re-examined). I have seen Thomas Gallagher write, this is his signature to the application. (This was for a money order far 5l. payable at Glasgow to James Curtin. Signed, Thomas Gallagher, Charing Cross Hotel, April 3rd, 1883, taken out at the West Strand Office. The post-office order for 5l. was signed John Curtin, stamped Glasgow, April 4th, 1883.)
ANN MULLENS . I assist in the management of the hotel, 12, Upper Woburn Place, near Euston Railway Station—on 5th April, about 4 p.m., Curtin came and engaged a bedroom, he had two bags with him—I think he said he had travelled all night from Scotland and had stopped at Blackburn on the way—he had ground-floor room No. 2—I asked his name next day, he said "John Curtin"—he stayed till Saturday morning, the 7th, and then went out, and I never saw him again—Melville stayed there at the same time.
WILLIAM MELVILLE (Police Sergeant). On 6th April I received directions to engage a bed-room at No. 12, Woburn Place—Curtin was staying there—he occupied Room No. 2, and I No. 3—I breakfasted with him On the 7th in the public room—I conversed with him about his stay in London—I said "It is very trying to be in London when you have nothing to do"—he said, "Yes, I'm tired of it; I only came here the day before yesterday, and I shall be leaving again this afternoon"—I said, "Have you got any friends in London?"—he said, "No, not one"—he left about 9.30, and said that his bill was heavy—Sergeant Regan and I followed him, when he went out, to Charing Gross, and stood looking towards the hotel for 15 or 20 minutes—he then crossed towards Mr. Vaughan's, the pawnbrokers, went in, and I believe he pawned his watch, for he had a chain when he went in and none when he came out—he returned towards the hotel and Littlechild arrested him—be asked what for, and Littlechild said that would be explained at Scotland Yard—I got into the cab with him and he said "You are the gentleman I breakfasted with this morning"—I said "Yes"—I afterwards took possession of his portmanteau and a piece of paper with the date of his arrival in England, and some shirts which were marked "J. Kent"—I was present on Sunday, the 8th, when Littlechild went to Savage's Hotel, where Ansburgh was.
Cross-examined by MR. ROWLANDS. This is the first time I have given this conversation in evidence—I was not asked to mention it before the Magistrate—I made a note of it when I got to Scotland Yard—when he left the telegraph office in the Strand I followed him up Bow Street, and left him there, seeing that he was returning in the same direction,
and went to Scotland Yard and gave information—I searched him, no newspapers were found on him.
Cross-examined by Ansburgh. I saw you in the public room of the coffee house having breakfast, and you went through the hall to go upstairs—I did not say "It is not his fault, Dr. Gallagher led him into this"—Littlechild said afterwards that you were very impertinent for a young fellow—I did not say to you at Bow Street on the Monday, "You will get into a bad mess," or "There is sufficient evidence against you this morning to give you 20 years or life," or "The only way to get out of this is to turn Queen's evidence," or "If you give evidence that Dr. Gallagher was the head of a treasonable conspiracy to blow up public buildings and destroy Her Majesty's Government, you will get 500l."
Ansburgh. You are a notorious liar.
Re-examined. There is no foundation for those statements—I was alone with him, but nothing of the sort was touched upon.
ADOLPHUS FREDERICK WILLIAMSON . I am Chief Superintendent of the Criminal Investigation Department—on 7th April Curtin was brought into my office—he said that he came from America, and landed at Queenstown, and had been to Fermoy and Glasgow, and came to London on the Thursday, calling at Blackburn—I asked him whether he knew Dr. Gallagher, who was in custody for having in his possession nitro-glycerine—he said "I know nothing about him"—I said "Have you written a letter to a person of that name at Charing Cross? now be careful what you say"—he said "I did not"—Gallagher had been arrested on the 5th, and I had a letter found in his possession at the time—I showed the outside of it to Curtin, and said "Did you write him this letter?" and he said "No, I know nothing of Dr. Gallagher"—I said "I am not satisfied with your explanation; I shall have to charge you with being an accomplice with Dr. Gallagher in having nitro-glycerine in your possession for an unlawful purpose"—I don't remember his reply—Ansburgh was brought to me on Sunday morning, the 8th—he said his name was William Ansburgh, that he had come from America; he said "I will not tell you what I am doing here"—I asked him a second time to give me an account of himself—I pressed him, and said that if he did not he would probably be put to inconvenience—he said that no doubt he should be put to inconvenience anyhow—I said "No, you will not if you give me a satisfactory explanation"—he said "If you have any charge, you had better make it"—I said "Do you know Thomas Gallagher, Dr. Gallagher?"—he said "No, I don't"—I directed him to be taken to Bow Street and charged.
Cross-examined by MR. ROWLANDS. Curtin gave me his address at Glasgow, which I found correct—he told me Fermoy was his native place.
Cross-examined by Ansburgh. You may have said that you came from New York—I don't remember your saying that you came on the Panther, or my asking you if that was the Canard line—if you had said that you were a dynamiter or belonged to a treasonable conspiracy I should recollect it, and should probably have taken it down, but your manner was so Hippant that I did not take anything down; you did not seem inclined to give me any information.
WILLIAM SMITH . I am a sub-constable in the Royal Irish Contabulary, stationed at Fermoy—I know Curtin as John Kent—his father is a publican in Abbey Street, Fermoy—Curtin was his mother's maiden name—he has been away from Fermoy for ten or eleven years, or perhaps more—in
January or February this year he came to Fermoy—I did not speak to him, but I saw him with his father.
ANN HUSSEY . I am the wife of Martin Hussey, of 29, Duke Street, Liverpool—about 14th or 15th February Bernard Gallagher came to lodge with us in the name of Campbell—he said that he came from America—two young men came with him; not either of the other prisoners—he only stayed one night—about 29th March he came again, and I said "Are you Mr. Campbell?"—he said "No, my name is Bernard Gallagher"—he took the lodging, and stayed two nights—he said that he was going to Glasgow.
Cross-examined by MR. MATTINSON. It was on a Tuesday when the three men came, it was the 13th, 14th, or 15th—he told me the name of the ship he came by, but I cannot remember it—when he came on the 29th he looked as if he had been drinking, and he told me he had—I first gave my evidence to Mr. Johnson, of Liverpool—Mr. Boyd came to me, and Mr. Butcher from London.
JOHN BOYD (Superintendent of Police, Glasgow). On 6th April, in consequence of receiving a letter from London, I went to Mr. MacGavigan's, and there obtained a torn telegram—I put it together—I found Bernard Gallagher in a public-house the worse for drink—I asked him if he had heard from his brother the doctor lately, and he handed me an envelope addressed to him at MacGavigan's, with the Maryhill post-mark, and another with the American Exchange stamp on it, stamped London, 3rd, and Glasgow, 4th—I charged him with being concerned in an explosion that had taken place in Glasgow on 20th January—he said he was in America at the time—he said he left on 9th January, and had come over in the Catalonia—in consequence of a communication which the Procurator Fiscal received from Bernard Gallagher I went to see him in prison—I was shown into his cell, and said, "I understand, Bernard, you have written to the Procurator Fiscal, asking me to call for the purpose of making a statement to me"—he said that he had—I said, "I have been instructed by the Fiscal to inform you that anything you say may be used in evidence against you, and you are to understand that the Fiscal cannot enter into any arrangement with you"—I took down what he said as he spoke it—he said: "We came home on 10th February, three of us; James Campbell, my name, Daniel Galer, and Charlie Coleman. We stayed one night in Liverpool; from there we went to London to see somebody, but did not see anybody. We left there and came to Glasgow by boat, after staying two days in London. We remained in Glasgow two days, and sailed from Liverpool in the Germania, White Star Line, from Liverpool. I was only two days in New York, and my brother the doctor brought me back and sent me to Glasgow to tell James Curtin to go to London. I know all of them; my brother told me about them. I don't belong to any of the two schools in New York or here either, or any school having any connection with dynamite. I heard talk of Whitehead and Oxford, or a name like that. A young man came over in the boat on the last occasion; he belonged to the school, and he went to London; I don't know his name. I don't believe the gas work was done with this school, but an Irish lot; I heard my brother say so. My brother Daniel returned with Charles Coleman in the Germania, because they did not believe in doing such business as Curtin wanted them to do. If I saw my brother in London I am sure I
would get him to tell all if he was not told I was informing. I knew them, the members, by seeing them in Brooklyn; there will be about 30 altogether. We arrived in Liverpool on a Monday night, and there saw the Westminster affair in the papers. There are a lot of rich men in the school in New York; I have nothing to do with them, and all I had to do was to tell Curtin to go to London. If taken to London I will identify them and tell all I know"—I read it to him, and he said that it was correct—on 13th April I received a further letter from him—I cautioned him again and he said, "I know Murphy in the case and Normack, or a name like that; those are the only two I know more than I told you of before; I might know more of them if I saw them"—I took that down—he said at another time that O'Donovan Rossa was the head of one of of the schools in America—he referred to his brother in America, who had told him some part of the statement.
Cross-examined by MR. ROWLANDS. I did not question him as to which brother he referred to—he said that some of the things were to be attributed to his other brother, without specifying what things.
Cross-examined by MR. MATTINSON. Bernard Gallagher told me he was a native of Campsey, that is a few miles from Glasgow—I believe that to be true from what I have heard—I have also heard that since he emigrated with his family he has been over here and worked on several occasions in a foundry—when I asked him if he had heard from his brother Dr. Gallagher lately, he said that he had had a letter from him that morning, and handed me the envelope—he was the worse for drink, and appeared to have been drinking some time, from April 3rd to the 6th I understand—he lodged with Mrs. McGallaver—she was precognised by the Procurator Fiscal, and her statement was taken as statements are taken in Scotland, and she signed it—I think she said that he was also drinking when he was in Glasgow from February 26th to the 29th—I have not ascertained that all the correspondence between Bernard Gallagher and his brother was written by Miss McGallaver, as I cannot rely upon any statement she gave me owing to her conduct—she made different statements to me. (The following telegram was here put in from Thomas Gallagher, Charing Cross Hotel, to Bernard Gallagher, Maryhill: "I send money now. Look for work. Don't drink.") I visited Bernard Gallagher once, as I did the other prisoners.
Cross-examined by MR. CLARKE. He said "That must be from my brother in New York"—my opinion is that he was referring to the other brother.
WILLIAM SMITH (Glasgow Detective Inspector). I was present when Bernard Gallagher was arrested; he gave up this envelope—I put him in a cab and he said he was very glad he was going to London; he would tell all he knew, and would not be punished for any one else.
LLEWELLIN READY (Re-examined). I produce the application for a post-office order for 5l. at Charing Cross, from Bernard Gallagher, on 4th April, and another from Thomas Gallagher to Bernard Gallagher, for 1l. 10s., on March 30th.
JOSIAH BRAINE . I am the American Vice-Consul at Birmingham—in March last I had been staying at Queenstown—I left for England on Sunday, 5th March, late at night, and on Easter Monday morning saw Thomas Gallagher on deck—he said that he had been told by one of the passengers that I was the American Vice-Consul at Birmingham, that he
had been working very hard, and was coming over for his health, and also to walk the hospitals here and on the Continent, and he was going to London by that night's train.
THOMAS MILLER . I am a Detective Sergeant of Police at Devonport—I have been stationed there 21 years—I was instructed to make inquiries as to the existence of a place called Millbay Road, Devonport—there is no such place there, but there is a mile off, partly in Stonehurst and partly in Plymouth—there is Millbay Station—I inquired at Millbay Road for Albert or Albert George Whitehead at all the hotels and lodging-houses, and of persons who have lived there for some years, and can find no trace of his being there lately or formerly—the only person of that name was the wife of a mariner in Stonehurst—there was a family of that name 20 years ago.
Cross-examined by MR. WAITE. There is a Millbay Road in Plymouth, but not in Devonport—Stonehouse intervenes between them—there are three towns joined in one, but they are different boroughs—the houses are continuous with the exception of a bridge—they are different properties—I found a Whiteford and a Blackford—the population of the three towns is about 130,000, of which about 80,000 are in Plymouth.
HENRY ORMSON BROWN . I am assistant-chemist to the War Department at Woolwich Arsenal—on Thursday morning, 6th April, Inspector Mackie brought down a large box; I saw it after it was opened; it contained a large indiarubber bag of fluid, which I estimated roughly at 180 or 200 lb.; in my judgment it was nitro-glycerine—Mr. Dent gave me a sample in a glass vessel, a portion of which I gave to Dr. Dupree's assistant, Mr. Nottingham, through Colonel Majendie—the contents of the black bag were afterwards taken to the marshes and destroyed—I was there the same afternoon when Inspector Dowdell brought the portmanteau—I saw it opened—it contained two indiarubber fishing stockings, each of which contained about 40 lb. of liquid, which in my judgment was nitro-glycerine—a sample was taken from each stocking and put into two bottles labelled "A" and "B," and given to Mr. Nottingham and taken to the Home Office Magazine, and afterwards destroyed—it seemed to be all the same kind of stuff.
Cross-examined by MR. WAITE. It had not been converted into dynamite when it was destroyed; it was mixed with saw-dust—it requires to be mixed with kisselgore to make dynamite—a ship may very likely have 50 tons on board at a time—there are many dynamite companies in the kingdom—I know they turn out very large quantities.
GEORGE DONNEGAN . I am assistant to Dr. Dupre—on 5th April I went to Woolwich and got some samples in two bottles, "A" and "B," which I gave to Dr. Dupre—I brought a third bottle from the same place, which I had taken to have filled—I took some kisselgore in it to absorb the nitro-glycerine.
in the chemical department I saw a portmanteau containing these two large fishing-stockings, waterproof—I opened them, took samples of their contents, and gave the bottles to Dr. Dupre's assistant—they contained nitro-glycerine; a thick, comparatively colourless, liquid—there was also some liquid floating upon it of rather a pink colour; it probably came from the colouring matter in the stockings—there were about 40lb. in each stocking—indiarubber stockings would greatly facilitate the carriage and increase the safety—Mr. Brown handed me another sample, it was nitro-glycerine, and was given to Donnegan—I saw the waterproof bag a few days after at the Home Office Magazine, Woolwich—it was empty, but it would contain about 300lb. of nitro-glycerine—on the 6th I went to Birmingham with Dr. Dupre to 128, Ledsam Street; the name of Whitehead was over the door—we examined what we found on the premises on the 6th, 7th, and 10th—the manufacture of nitro-glycerine had undoubtedly been carried on at those premises—it was in progress—it is formed by the action of nitric and sulphuric acids and glycerine—nitric acid is the important agent—the sulphuric acid acts as concentrator of the nitric acid—the proportions are broadly, four of sulphuric by weight, two of nitric, and something less than one of glycerine; four of sulphuric, two of nitric, and one of glycerine would make 2lb. of nitro-glycerine—the sulphuric acid acts in taking up the water, and is afterwards washed out as well as the excess of nitric—the explosive power is produced by the combination of the nitrogen with carbon—we found on the premises a quantity of nitric and sulphuric acid and glycerine, and two lots of nitro-glycerine completely manufactured, which I estimated at 160 or 170lb.—one lot was in a carboy, and there was about 30lb. of it floating on the acids in a pan in course of manufacture—all I found of manufactured nitro-glycerine was about 200lb., nitric acid over 600lb., sulphuric 700lb., and glycerine 112lb.—there was a place for a furnace, a domestic copper, and carboys, and everything necessary for the manufacture—except for the purpose of destruction, the only object I know for which nitro-glycerine is used, is as a medicine in very minute doses—it is used for mining purposes, but not by itself—it is only used in this country when mixed with an inert base, and it is my duty to see that the statute is carried into effect—persons would not be allowed to have any quantity in their possession without a licence, nor would they be licensed—I think almost any known building would be destroyed with a less quantity than 200lb. if applied properly, and many lives—I inspected the Local Government Board after the explosion of 15th March, and have no doubt that it was caused by a nitro-compound, and I believe nitro-glycerine—I believe 20lb. would do it—it was massive stone-work and very strongly built.
Cross-examined by MR. CLARKE. It Is still standing, it has been repaired.
Cross-examined by MR. WAITE. When you want to produce a local effect nitro-glycerine is more powerful than gunpowder, but for some purposes gunpowder is the more powerful—a large amount of dynamite is manufactured in England and on the Continent—dynamite is nitro-glycerine absorbed into some more inert base—if a person is going to trade in dynamite he must first have nitro-glycerine—I believe you can make nitro-glycerine from acids not commercially pure, but it would not be so good.
AUGUSTE DUPRE . I am professor of chemistry at Westminster Hospital—I give advice to the Home Office about explosive substances—on 5th April I received a bottle labelled "A" and a bottle or bag labelled "B"—one contained nitro-glycerine of the strongest kind, but not washed sufficiently pure—it was an explosive, it was as strong as it could be—the other bottle contained a very dilute solution of nitric and sulphuric acid—I agree with the statement of Colonel Majendie as to what was found in the house, Ledsam Street, Birmingham—I went there with him—nitro-glycerine is the most powerful explosive which can be practically used—there are others more powerful, but they are so dangerous you cannot handle them—here is an entry in this book (found at Whitehead's): "A. S. 12"—I hold that to mean "acid sulphuric 12," and this "6 A. N." I read "acid nitric," "Gr. = 2" I read "gravity equals 2," "C. P. 3" I cannot make out, "1 A. 1.47" I take to be "nitric acid of the specific gravity of 1.47," the next is "3 S. A.," that is "sulphuric acid 1.66," that would be rather weak—temperature 450 would be the temperature to which you could carry the nitro-glycerine in manufacture, the utmost limit—I do not know what "soak 5" means—I agree with Colonel Majendie as to the powerful effects that nitro-glycerine would have in destroying property—200lb. would destroy almost any building—the proportions given here are those given in some manuals—I do not know whether this is "G. V." or "G. 2," but "Gly. 2." would be the exact proportion.
Cross-examined by MR. WAITE. I have the proportions of other things, such as gun-cotton—but this is what I guess, because it corresponds exactly with what is put in some manuals as the composition of nitro-glycerine—I should be surprised to find that it meant anything else—nitro-gelatine is stronger than nitro-glycerine, it is nitro-glycerine altered by the addition of a little collodion cotton—for some purposes nitro-glycerine is infinitely more powerful than gunpowder, for other puposes it is not—I suppose it was destroyed because it was dangerous, I had nothing to do with that—I should say 20,000 tons are manufactured in England and on the Continent.
By the COURT. In making nitro-glycerine it is desirable to use the strongest acids, the nitro-glycerine floats on the acids and is ladled off and then washed, but the great bulk of acid is removed first, it sinks in water and the water is poured off.
This being the-case for the Prosecution, MR. CLARKE, on behalf of Thomas Gallagher, submitted that there was no evidence to go to the Jury in support of the Second and Third Counts of the indictment. Prior to the Treason Felony Act, and under the Statute of Edward Ill., the question of what amounted to "a levying of war" had often come before the Courts for judicial decision, and the current of the authorities substantially amounted to this, that there must be numbers arrayed for the purpose of opposing the forces of the Crown, and a premeditated design of conflict with the Royal forces. These elements were essential to the crime of levying war against the Crown, and he contended that they were wholly wanting in this case. He referred at some length to Coke's Institutes, vol. 3, p. 9 (Rex v. Dammarree); Hale's Pleas of the Crown, 149; Foster's Crown Law, c. 2, p. 208; the State Trials, vol. 15, p. 522, and vol. 24, p. 902; and Reg. v. Frost, 9, Carrington and Payne, p. 161.
The LORD CHIEF JUSTICE. "I am of opinion that there is nothing in the point which has been very ingeniously put before us by MR. CLARKE. I do
not at all doubt that there must be something that comes within the fair construction, of the words 'levying of war.' To make out this indictment against the prisoners at the bar, they must be proved to have been guilty of something which, without violence of language, would come within the words 'levying of war.' The words 'levying of war' are words general and descriptive. It is obvious that war may be levied in very different ways, and by very different means, in different ages of the world. And the judges have never attempted to say that there could not be a 'levying of war' in any other way than in the way brought before them in earlier times. They have never professed or attempted to give any exhaustive definition, or to say that there were certain modes in which the words of the statute should be interpreted, or that those were the only fashions of making war. I am of opinion that it is enough to say, in this case, if the Jury should be of opinion that the prisoners, or any of item have agreed among themselves that some one, of them should destroy the property of the Crown, and destroy or endanger the lives of the Queen's subjects by explosive materials, such as it is suggested lives been made use of; and if they should be further of opinion that such acts have been made out then the prisoners are guilty of treason-felony within the meaning of this Act. I agree that we are thrown back to the words of the earlier statute; but they must receive a reasonable interpretation. As I suggested in the course of the argument, if three men with these explosive materials did the same acts with the same objects as it required 3,000 men to do in an earlier period, when it was a 'levying of war,' it seems to me that the acts of the three men to-day are equally a 'levying of war.'"
MR. ROWLANDS (in MR. MATTINSON'S absence, for Bernard Gallagher) also submitted that there was not sufficient evidence as to him, and Ansburgh on his own behalf contended that fare was no evidence against him. The LORD CHIEF JUSTICE held that in both cases the evidence must he submitted to the Jury.
Whitehead's Defence. "My lords and gentlemen of the Jury, I deny the treason-felony and conspiracy, and I am not guilty of either. I hold that the evidence against me does not in any way support the charge of treason-felony or conspiracy. Take all the evidence, both true and false, and I hold there is no particle in all of it combined, to prove that I intended to compass, imagine, invent, devise, or intend to depose the Queen from her Royal authority as Queen of Great Britain. I hold there is no particle of evidence to prove the charge that I intended to levy war against on 8th February I rented the premises, 128, Ledsam Street, that I paid 1l. in advance according to usual custom, and the remainder of the rent at the expiration of the month. The second witness states that in the beginning of last February I purchased some oil, acid, colours, glycerine, brushes and various other articles, and that I paid for them. The next states that I purchased some acids from Judson and Son, and that they were paid for and delivered. The next that I bought some pottery ware in Birmingham, and that was also paid for by me. The next, that I purchased oil, glycerine, turpentine, and other stuff, which was delivered, and I paid for it. The boy who stated that he attended my shop has told you that one day he heard a noise, he thought that it sounded something like a gun or a pistol; it was in the back premises, and that he went there, but saw no gun or pistol; and on another occasion he said that he
saw a man come into my shop, and go into the back shop, and he did not see him come out again. He saw that he had a valise, and that was all. The next witness said that he bought a brush of me, and paid me for it, and that when he did so he saw that my finger nails were discoloured; that I wore two suits of clothes. The next witness states that the copy of a telegram was found in a telegraph office in London, addressed to White-head. That is not treason-felony. The next witness states that there was an explosive substance found in Ledsam Street; but they do not suppose—that I intended to destroy any public buildings, or to take away the lives of any people by the explosion of this substance. They say they did not know what it was going to be used for. It was not going to be used for any illegal purpose; there is not a particle of evidence to show it; there are hundreds of tons of nitro-glycerine made every year in Europe, and there is no particle of evidence that it was intended to be used for illegal purposes. The carman who drove the men with the boxes to the station did not know what those boxes contained. With regard to that man Norman's evidence, he states that he never saw me in his life before until he met me in Ledsam Street; that he never heard tell of me; he received from me a quantity of stuff that looked like butter-milk, he never saw anything like it. That is the only evidence against me to support the charge of treason-felony. I challenge any one to come here and show that I compassed, invented, devised, or intended to depose the Queen, to levy war against her, or to induce her to change her councils or measures. No, gentlemen, there is not a particle of evidence to prove that. No treasonable documents were found in my possession; no, not one. There are hundreds of tons of nitro-glycerine and dynamite used every year in this and other countries for mining purposes. Dynamite is made from nitro-glycerine. There is no evidence to prove that the stuff found in my possession was not to be used for mining purposes. There wan not one particle, one syllable, or one letter to support such a charge. The public press have exaggerated my case in every point. It has stated there were men in existence who were mad, which, undoubtedly, they would be if they intended to do what the press represented. But there is not one particle of evidence to prove that I intended to destroy life or property, or to levy war in this country. So I ask you, as gentlemen of honour, as gentlemen of dignity, and gentlemen of respectability, to give me a fair and impartial trial.
Wilson's Defence. I shall let my case go to the Jury as it stands.
Ansburgh's Defence. I am as innocent of these charges preferred against me as God Almighty is, which I think the Judges and Jury can easily see for themselves. The principal evidence against me is that of the clerk in the American Exchange. What does his evidence amount to? Nothing. He contradicts his own evidence. He distinctly states that there were three prisoners in the dock when he identified me at Bow Street; now he says six. He also says that he gave telegrams and letters to a young man who he could not swear to. But I happened to be the nearest in resemblance to him among the prisoners in the dock, so he swore to me. He also says that I was pointed out to him by a man named John Glanville, but I was not. There is no proof that I was connected with a treasonable conspiracy in England, America, or any other country. The only evidence is that I crossed in the same ship as Dr. Gallagher. Is that treason-felony? I crossed with a hundred other passengers,
and I happened accidentally to enter into conversation with Dr. Gallagher, as I had done with hundreds of others. I shall inform the Court how I made Dr. Gallagher's acquaintance. I was on board the steamship. I had a pair of opera-glasses, and I lent them, to several fellow-passengers, and I said to Dr. Gallagher, "Would you like to have a look, sir?" He said, "Thank you," and I lent him the glasses. I had lent them four or five times altogether. Dr. Gallagher told me he was going to London. I said I was also going to London. He said he was going to the Charing Cross Hotel, and that if I went by that way I was to call upon him. I said, "Yes, sir, I will." I saw no more of him until one evening I was in the Strand, looking in a shop window. I was touched on the shoulder by some one, and I saw it was Gallagher. He said, "Ain't you the young man that lent me the glasses on board the Parthia?" I said, "Yes." He asked me where I was going. I told him to the Gaiety Theatre. He said, "I am going that way." We went and had some drink. He asked me where I was living. I told him Savage's Hotel, Blackfriars Road. I gave him the card, saying, "I hope you will call and see me." He said, "I will call and see you sometime when passing by that way." He called a day or two after and told me he was a medical doctor, and had come to London for the purpose of visiting the hospitals. We talked of the City of London and so forth. He went away, and I never saw him again until I saw him in Bow Street Police-court. If that is treason-felony I am ready to suffer for it. I was taken to Scotland Yard, and asked where I came from. I said I came from America. They entered into conversation, but when they found that I said nothing that would convict me they threw the statement overboard and can-not remember it. I told Sergeant Williamson, in the presence of Inspector Littlechild, that I left America under unpleasant circumstances, and that I had come to England to try to make a living. They do not remember that statement, but Superintendent Williamson admits that had I said anything to criminate me he would have remembered it. There is no evidence against me, barring that of the clerk of the American Exchange. All the rest I have admitted. I think that is all I have got to say. My Lord, I do not know that I need say anything more.
THE LORD CHIEF JUSTICE here reminded the prisoner of the letter directed to Dr. Gayler.
Ansburgh. I never was in the American Exchange. I did not know there was such a place; if I had, very likely I should have gone. The witness says I look like the man he saw there. Is that any evidence to convict me on? The other says he gave letters to a young man he cannot swear to, and I resemblance him most of those in the dock. The Counsel on behalf of the Treasury tried to make out that Wilson and I were in connection. There was evidence of the cabdriver, but the Treasury do not wish to call him, that he drove to a certain place in London, and looked at a house and he said he did not like it, and then the cabman drove him to the rooms in Nelson Square, which he took, but this does not show Wilson's connection with me. I never saw or heard of him till I saw him in the dock. There is that additional evidence which might be called.
MR. CLARKE called the following witness.
Gallaghers—I have resided constantly with my brother Thomas in Man hattan Avenue for the last four years—he carried on the profession of a physician—I have never seen Norman, or Lynch, yet—my brother paid a visit to England last autumn, I understood it was for his health—he came over again in March this year for his health—he has never to my knowledge been a member of, or associated with, any club—he always spent his evenings at home—he had a very large and extensive practice—he was always considered humane and gentle in character—my other brother, Bernard, was always troubling my mother—he was addicted to drink, and he was always looked upon as having softening of the brain.
Cross-examined. Whenever my brother, the doctor, left to see a patient of an evening he always left word where he was going—he was absent in this country for about four weeks, and returned about a week before Christmas.
THOMAS GALLAGHER, WHITEHEAD, WILSON, and CURTIN— GUILTY .— Penal Servitude for Life.
ANSBURGH and BERNARD GALLAGHER— NOT GUILTY. THE LORD CHIEF JUSTICE recommended to the authorities the conduct of the police, especially that of the witness Price.