11th July 1870
Reference Numbert18700711-602
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment > penal servitude; Imprisonment > penal servitude

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602. JOHN WILSON (43), and MICHAEL DAVITT (25), were indicted for treason-felony, to wit, feloniously conspiring to depose the Queen from her imperial dignity, and to levy war against her.


MR. POLAND, and MR. ARCHIBALD conducted the Prosecution; MESSRS.

COLLINS and HUNT defended Wilson, and MR. GRIFFITHS, MR. BAKER GREENE, and MR. MOODY appeared for Davit.

MR. BAKER GREENE , before the prisoners were given in charge, applied for a copy of the Jury panel; in a case on high treason, there could be no doubt of the right of the prisoners on this point, and he submitted that the statute upon which the prisoners were indicted (11th Vic., c. 12) did not take away this right; he also contended that by the common law the prisoners had a right to see the panel THE ATTORNEY-GENERAL referred to the case of "Reg. V. Mitchell" (3 Cox Criminal Cases)," in which it was decided that under this statute no such right existed. THE LOUD CHIEF JUSTICE said that every prisoner should, if he wished it, have the opportunity of seeing the Jury panel; but that no right existed to claim a copy of it. At the request of MR. GRIFFITHS, the occupations and addresses of the Jurors were read out at they were called. None were objected to on the part of the prisoners; on the part of the Crown, two were requested to stand aside.

JOHN SEAL . I am a detective sergeant, at Birmingham—I know a cottage in Caroline Street, Birmingham—I don't know the name of it, it is at the end of a lane—I had occasion to watch that cottage on 26th March last—it was occupied by a man named Rafferty, a dipper and silverer in the jewellery trade—it is a private house, having a very small shop, with a lean-to at the back of it—I have known the prisoner, Wilson, eight or nine years—he is a gunmaker at this time—he was in business for himself, with two others, named Meeninham and Gill, in Harper's Buildings, Weaman Street—Meeninham and Gill are Irish—Wilson, I believe, is an Englishman—there was no name up—it is a small shop, or rather shops, one above the other—there are a great number of gunmakers' shops in the same buildings—they had two shops, one leading out of the other, up stairs, on different floors—it is about a mile from Rafferty's cottage—about 4.30, on the afternoon of 26th March, I saw a brother of Meeninham, a youth about nineteen or twenty, coming up Caroline Street, with a hand-cart, apparently with something in it; I could not tell what—he went up the passage, towards Raffertt's cottage, followed by Wilson—Bodley, one of the Irish constabulary, was with me—I lost sight of the man with the hand-cart for about an hour—in consequence of what Bodley said to me, I went down Caroline Street, into George Street—I then 'saw young Meeninham with the same hand-cart, and a large box in it—he went to the Midland Railway goods receiving office, in George Street Sandpits, Wilson following—I can't say whether Wilson went into the office or not—young Meeninham came out without the box, and went away with the hand-cart—I went into the office, and saw a large box there—I believe it was the same box I had seen in the hand-cart—there was no other box there like it—there was a direction on the box—I read it, and took a copy of it; it was "Mr. John Wilson, Midland goods station, Leeds, from J. Wilson"—some little time after, by the

permission of the railway officials, I opened the box—it contained nineteen muzzle-loader rifles, nineteen bayonets, and one Snider rifle, a breech-loader—there was no invoice or bill inside—the rifles were in a rough state, finished so that they could be used; but not burnished, either the stocks or barrels—the stocks were not cut—the box was fastened up again in my presence—on the evening of 29th March I was watching the entrance to Rafferty's cottage, with Black, a brother officer, and saw young Meeninham bring a hand-cart, similar to the one I saw before up Caroline Street, with a cask in it—he turned up the passage in the direction of Rafferty's cottage, followed by Wilson—I could not say they went into the cottage; I remained; in about half an hour, young Meeninham came out of the passage again with the hand-cart and a similar cask in it; Wilson followed him down the passage, close to him—Black followed them—I afterwards went to the same railway receiving office I had been to before, and found there a small cask addressed "Edward Ward, 68, Rutherglen-loon, Glasgow, from J. Johnson"—I did not meddle with the cask that day, but I saw it opened on the 30th, it contained thirty large six-chamber revolvers, all alike, and fourteen boxes of cartridges, marked fifty "each; I should say they would fit the revolvers, they were marked No. 12, and the revolvers are what they call No. 12—there was no bill or invoice in that cask—it was fastened down again—I went to Glasgow and on 1st April I saw it delivered at 68, Rutherglen-loon; I should call it a marine-store dealer's shop; I did not go inside, I don't think there was any name up, I did not notice one—next day, 2nd April, I was again near Ward's shop, and about 12 o'clock two men came, they went into the shop and remained a minute or two, and then one of them brought out a cask, on his back, similar to the one I had seen, it was taken to a place called Gildey's Court, to McNamara's as I was told—I followed it there, it was taken into a room, I did not go in, I watched whilst the Glasgow police came, and they took it in hand—I saw it open, it contained fourteen revolvers and thirteen cases of ammunition—it was left with the Glasgow police and I returned to Birmingham—on 4th April I went to the arrival platform of the Midland Railway, Birmingham, and saw the 5 o'clock train from Leeds come in, and the prisoner Davit came out of it; I had known him before—I know nothing more about him at that time—on the evening of 14th April I was again watching Rafferty's cottage, with Black, and saw young Meeninham come up Caroline Street, with a hand-cart and three boxes, apparently empty—Wilson was following him close by; they went up the passage lead-ing to Rufferty's—in about a quarter of an hour or twenty minutes young Meeninham came out of the passage with the hand-cart and three boxes, they appeared to be a great deal heavier than they were before; Wilson fol-lowed him down the passage; Black followed him—I afterwards went to the Globe Parcels Office; Black was there; I found there three boxes similar to those I had seen in the hand-cart—I copied the addresses on them, two were addressed "J. H. Kershaw, Glassmaker's Arms, Bailiff Gate, Newcastle-on-Tyne," and the third to "C. H. Williams, Globe Express Office, Pilgrim Street, Newcastle—on Tyne,"—I did not open those boxes, I marked them—I then went on to Newcastle-upon-Tyne and communicated with the police there, I went to the railway station and saw the boxes arrive, about 6 o'clock on Saturday morning the 16th, and pointed them out to Hickson and Thorburn two of the Newcastle police, after this I returned to Birmingham on 18th April I was at the Midland Railway goods station with Bodley, and saw two boxes there, one was addressed "C. H. Williams, Globe Express

Office, Pilgrim Street, Newcastle-on-Tyne," I saw it opened, it contained twenty-five revolvers precisely similar to those I had seen before; there was an address on the other box, I did not put down the name but the address was "Globe Parcels Office, Market Street Manchester," that was also opened in my presence, it contained about 1 1/2 cwt. of ball cartridges, part of it would fit the revolvers, and the other was for rifles—there was no invoice in either of the boxes—on the 14th May I was at the Great Western railway station, Snow Hill, Birmingham, and saw young Meeninham and a little boy with three parcelsin black oil-cloth, two of them seemed to have a strapor something round them—shortly after I saw the prisoner Wilson and a stranger—they went to young Meeninham—I could not say whether they spoke—they ultimately carried the three parcels into a third-class carriage, into which Wilson and the stranger got; the parcels were handed to them—that train was going to Paddington—I communicated with the chief of the police and a telegram was sent to Scotland Yard—I have since been shown some oil-cloth bags—I know Davitt, I had seen him several times in Birmingham prior to the 26th March, but not since 4th April—this manufactory had been carried on by Wilson and the other two for eighteen months or two years previous to my watching it, or perhaps more—Wilson formerly worked for a man named Wilson, a gunmaker, and afterwards for a Mr. Williamson; I believe he was the last person he worked for before he commenced this manufactory.

Cross-examined by MR. COLLINS. Q. Do you know that Wilson was apprenticed in Birmingham? A. I have heard so, and that he has lived there all his life—I have known him eight or nine years; first as a working man, and for about two years setting up for himself—in Birmingham the floors are let out to different persons, which they call "shopping"—they are not let in that way to small manufacturers, principally to workmen who work for large manufacturers—two or three workmen work in the same room, or in two or three rooms—it is usual in those cases to have no name over the door—there are a good many gunmakers in Harper's Buildings, there used to be more—I am not aware of any names over the door.

MR. COLE. Q. Were these men "shopping," or working for themselves? A. For themselves, not for any manufacturers.

HENRY STOPPARD . I am a clerk in the employ of the Midland Railway Company, at Birmingham, and am on duty at the goods station in George Street Sandpits—on 26th March I was at the branch receiving office, No. 1, George Street, Parade—a box came there that day, addressed, I think, to "James John Wilson, Leeds Station, till called for," this delivery order was handed to me, by the man who brought the box—I delivered the box and the order to James Grubb.

JAMES GRUBB . I am a carter in the employment of the Midland Railway Company, at Birmingham—on 26th March I received a box from Stoppard, addressed "John Wilson, Midland Goods Station, Leeds"—I delivered it to Mr. Cooper, at the Lawley Street Station—on the morning of the 30th, I received a cask from Henry Taylor, addressed to "Ward, 68, Rutherglen-loon, Glasgow"—I delivered that also to Cooper—I received this paper from Taylor, with the case, and this is the one I received on the 26th—my name is on the back of each.

HENRT TAYLOR . I am in the employment of the Midland Railway Com-pany—on 29th March I received a cask at the office, directed "Edward Ward, Glasgow, from J. Johnson, Birmingham"—it was brought to the office by a young man about nineteen, who also brought this consignment

note (Read: "One cask, for Mr. Edward Ward, licenced broker, 68 Ruther-glen-loon, Glasgow, Scotland; from J. Johnson, March 28th, 1870")—I gave the cask and paper to Grubb the next morning.

GEORGE COOPER . I am in the employment of the Midland Railway Company, at Birmingham—on 26th March I received from James Grubb a box, addressed to "John Wilson, Midland Goods Station, Leeds"—I showed it to Seal, the constable, and afterwards forwarded it to Leeds—on 30th March, I received a cask from Grubb, directed to "Edward Ward, 68, Rutherglen-loon, Glasgow"—I also shewed that to Seal, and then sent it forward to Glasgow.

ZACCHEUS THORN . I am the manager of the Midland Goods Station, at Leeds—on 28th March, my attention was called to a box at the station, addressed "John Wilson, Midland Goods Station, Leeds"—I saw the box there—it was called for by the prisoner Wilson—I gave it him; there was another man with him—I don't know who he was—I have not seen him since—Wilson signed thisreceipt in my book, in my presence, "John Wilson," and they took the box away on a hand-cart—it had come from Birmingham on the 26th, I did not open it—it weighed 21/2 cwt.

Cross-examined by MR. COLLINS. Q. I think the direction was "J. Wilson, to be left till called for;" and on another part, "From J. Wilson?" A, Yes—it was invoiced from Wilson to John Wilson.

JOHN SMITH . I reside at Leeds, and am agent there for Mr. Jones, the owner of a warehouse in Milne Yard, Swinegate—in January last it was advertised to be let—Davitt came to me and hired it of me—he gave his name as W. R. Jackson—he said he was a traveller, and wanted it to store soda and soap in—he did not give me any reference—I let it him at 10l. a year, and he was to pay all the rates—he paid a month in advance—I saw him many times afterwards—he took it on 28th January, for three months, and he commenced paying rent from 1st February—he kept it on till the end of April—he had a warehouseman—I don't know what has become of him—the warehouseman came about the end of April to offer to give the place up—he left about the end of April, and has not been there since—while he was there I saw plenty of barrels come in and go out—I don't know what they were—they were a kind of flour barrel.

Cross-examined by MR. GRIFFITHS. Q. Everything that was done there was carried on in an open and business-like way, as far as you saw? A. Yes—I had not received any communication from the police at any time.

HENRY WOODTHORPE . I am a cashier in the Branch Bank of England at Leeds—on 4th April this draft for 60l. was presented at the bank; it was issued from the Newcastle Branch Bank of England in favour of William Roberts, on demand—it required endorsement—I can't say whether it was endorsed in my presence—it bears the endorsement of William Roberts, Leeds—I took the numbers of the notes in which I paid it, I have my book here in which I made the entry (looking at some note)—I find here two of the notes, Nos. 10,499 and 10,500, for 20l. each.

Cross-examined by MR. GRIFFITHS. Q. The cheque was a perfectly good cheque; no suggestion that it was a forgery, or anything of that sort? A. Not the slightest, as far as the drawing goes; the endorsement I know nothing about—it is a bank post-bill.

MR. COLE. Q. I believe any person who pays a sum of money into a branch Bank of England can obtain one of these bank post-bills upon; Another branch? A. Yes, upon payment of a small commission.

EUGENE HYDE . I am a detective officer in the Leeds force—on 28th March last I went to the goods station of the Midland Railway, in company with Bodley and Inspector Hunt—Bodley pointed out a box to me—that afternoon two persons came with a hand-cart for that box; Wilson was one of them, the other was a man who acted as warehouseman for Davitt—the box was given to them and put in the hand-cart—Davitt's warehouseman took it away, and Wilson walked beside him until they got to the Horse and Jockey, about 100 yards away from the station—Wilson then went into the Horse and Jockey, and Davitt's warehouseman took the box along Swinegate into Milne's yard to the warehouse that, I have since ascertained, had been taken by Davitt—it appeared very heavy, and some persons living in the yard assisted the warehouseman up the yard with the hand-cart; it was taken into the warehouse, and the door was locked by the warehouseman, and they then went away—that was, I believe, between 4 and 5 o'clock in the afternoon—I and Knapp watched the warehouse through the night—about 9 o'clock next morning the warehouseman came and opened the door; in a short time Davitt came, and went into the warehouse; a short time afterwards the warehouseman came out and went somewhere, and in a short time returned with a hand-cart and four or five empty casks, which he put into the warehouse—about 12 o'clock they left for dinner, and returned about 1 o'clock—they were in the warehouse till about 3 o'clock; the ware-houseman then came out and got a hand-cart, and took it to the warehouse door, and they brought out two casks, which appeared to be very heavy, and Davitt assisted the warehouseman in putting them into the cart; he then handed the warehouseman a piece of paper, and the warehouseman went to the London and North-Western Railway goods station in Wellington Street, Leeds; he put the casks on to a landing-stage there—I copied the addresses on the casks, and handed them to Hunt—I then followed the warehouseman back to the warehouse; two more barrels were brought out by Davitt and the warehouseman, and put into the hand-cart—I did not see any paper handed at that time—the warehouseman took them to the same goods station, and placed them on the same landing-stage—I afterwards saw one of those casks opened on 29th April, the same night they were taken to the station; it contained rifles, sword bayonets, revolvers, ammunition, and ball cartridges—on 4th April I saw Davitt leave the warehouse with a green carpet bag; he went to the station, and left by the 1 o'clock train for Bir-mingham—the name of Jackson was painted on the inner door of this warehouse—I saw Davitt in Leeds several times after this; he lived at 22, Oak Road, Leeds, and the warehouseman lived in the same house, and passed by the name of Henderson and Wilson—I know the prisoner Wilson; I only saw him once in Leeds, that was at the time I saw him at the Midland goods station.

Cross-examined by MR. COLLINS. Q. That is the time you have just been speaking about? A. Yes—the Horse and Jockey is about 100 yards from Davitt's warehouse, or perhaps a little more.

Cross-examined by MR. GRIFFITHS. Q. This was done in open day, was it not? A, It was, there was no secrecy, only Wilson left the cart, that was all there was about it.

JOHN KNAPP . I am a detective officer in the police force at Leeds—I was with Hyde at the Midland Railway Station, and saw the box taken to the warehouse in Milne Yard—two men came for the box, Wilson was one and the warehouseman the other—I did not see any other man—next morning,

between 9 and 10 o'clock, I saw some empty barrels brought to Davitt's warehouse, where the name of Jackson was written up—Davitt was there at the time—I saw two barrels taken away from the warehouse about 3 o'clock in the afternoon, by the warehouseman, in a hand-cart—Davitt assisted to put them into the cart, and the warehouseman wheeled them off in the direction of the railway station; he returned in about three quarters of an hour; he would have had time to go to the station and back—I then saw two more barrels put on the cart; Davitt assisted in putting them on—they seemed to be full—the warehouseman took them away in the same direction as before, and returned in about three-quarters of an hour with the empty cart—I did not know Davitt before in Leeds, either by sight or name—I had never seen him before 29th March—I did not know his name was Davitt.

EDWARD WHITAKER . I am inspector of the London and North-Western Railway, and the Lancashire and Yorkshire, at the joint station at Leeds—on 29th March, about 3 o'clock in the afternoon, I saw two barrels brought to the station by a tall man; I don't know who he was—they were addressed "John James White, Esq., of London, Burgon's Hotel, Athlone, Ireland," and "Miss Margaret Delmere, Castlereagh, Co. Roscommon, Ireland," and "from L. and W. Rawlinson, general dealer, Leeds," was printed at the bottom of both the cards—that same afternoon the same man brought two more in a hand-cart, one was addressed "Mr. John Flannery, general merchant, Ballyhaddareen, Co. Mayo, Ireland," marked "X 76," and the other "Messrs. McDonnell, general merchants, Tuam, Co. Galway, Ireland," and those two had printed at the bottom of the card "From J. Henderson, commission agent, etc., Leeds"—the man who brought those casks brought on each occasion a delivery note—these (produced) are the notes; they are what we call consignment notes, all the checks in red and black pencil are our writing; they were instructions to us how to send them—later in the afternoon the cask addressed to Flannery was opened in my presence; it contained rifles, sword bayonets, revolvers, and ammunition—it was fastened up again, and all four casks were forwarded by rail, according to the ad-dresses—I have lived in Leeds thirty-five years—I do not know a person named Henderson, a commission agent, there—I have inquired whether there is such a person, and cannot find that there is, or any such persons as L. and W. Rawlinson, general dealers.

Cross-examined by MR. GRIFFITHS. Q. I suppose you would not under-take to swear there were no such persons in Leeds of that name? A. Oh no.

COURT. Q. What have you done in the way of inquiring? A. I have inquired among our draymen since this affair, and I cannot hear that any of them know such persons—I have not inquired of anyone else; they are as likely to know as anyone, going about the town regularly—no goods or parcels have ever come from or to those names—we had a cask returned from Ireland for Henderson, but we could not find an owner for it.

JOHN EDWIN HUNT . I am chief of the Leeds constabulary—on 27th March I got information from Mr. Bodley, of the Irish constabulary, and gave directions to Hyde and Knapp, officers of mine—on the 29th I got a communication from Hyde, and I went to the railway station in consequence—I saw a cask there at the parcel office, addressed to John Flannery—I had it opened—it contained nine rifles, nine bayonets, six revolvers, and two packets of cartridges—this (produced) is one of the revolvers—I handed

it to Mr. Wetherall, the chief constable—I had the cask fastened up again, and sent on to the address—I got two delivery notes, which I gave to Mr. Wetherall, and which I believe are the ones produced—about the middle of April I got further information, went to a railway station at Leeds, and found two casks, which I ascertained had been returned from Ireland—the address on both were "George Haugh, spirit dealer, Portlaugh, County Waterford, Ireland," and in print "From J. Henderson, commission agent, Leeds," and on the top "Via Dublin"—over that was "Returned to J, Henderson, commission agent, Leeds"—I had that cask opened—it contained arms—I did not take an account of them—it was sent on to London, and is here—another cask with the same address was opened under my direction, and contained arms—there was also a third cask, but only the first contained any ammunition—I have lived eleven years at Leeds—I have made diligent inquiry to find out Mr. J. Henderson, commission agent, Leeds—I can find no such person—I inquired at the post-office about letters, but could learn nothing about him—I made every inquiry which my experience suggested—there is a directory of Leeds—I find no such person there—I made similar inquiries with regard to L. & N. Rawlinson, general dealers, but found no one residing there of that name.

Cross-examined by MR. GRIFFITHS. Q. Do I understand you to say that there are people living in Leeds named Kawlinson? A. Yes—I know a pawnbroker living there named Rawlinson—I cannot say that he is the only person living there of that name—I do not think I said before the Magisstrate that there was no name of Rawlinson, a warehouseman, in Milne's Yard.

COURT. Q. So far as you are able to ascertain, there is no person named Rawlinson in Leeds, but the pawnbroker? A. Yes—I cannot say there is not such a person, but I cannot find him.

JOHN BODLKY . I am head constable of the Irish constabulary—I went to Birmingham, in February, by the directions of my officer, and was there for some time—on 26th March I was with Seal, watching the passage leading to Rafferty's cottage—I saw a hand-cart come down the passage, with something in it—Wilson and a young man were with it—I did not know Wilson personally then, but I now recognize him as the man—I did not know the other man, merely to hear what his name was—I have not seen him since—I made inquiries, but have not found him—they went on at a very quick pace to George street Sandpits, Birmingham, a receiving office belonging to the Midland Railway, and I followed—that is fully half a mile from the cottage they came out of—they left a case they had in the cart at the receiving office, and immediately on their leaving I went to the case and saw that it was addressed "John Wilson, Midland Goods Station, Leeds, to be called for, from John Wilson"—I afterwards, with Seal, saw that case opened—I have heard him describe the contents—next day, the 27th, I went to Leeds, and on the 29th I went to the office of the London and North-Western Railway, and saw a cask directed to "Mr. John Flannery"—on 13th April I saw a cask addressed to "Mr. Haugh, spirit dealer, Porthlan, Waterford, Ireland" opened at Leeds—the arms were fit for use, but they were not finished as they would be for sale—the stocks were cut—it contained ten rifles, six revolvers, five sword-bayonets, three bayonets, and three turnscrews—I suppose the stocks were cut for the purpose or packing them in a small space—they were cut regularly, so that they could be put together and held by a piece of brass, with a screw, and made serviceable in a very short time.

Cross-examined by MR. COLLINS. Q. You do not pretend to say that the rifles in the box directed to John Wilson were cut? A. No, but they were rough, not polished.

Cross-examined by MR. GRIFFITHS. Q. Do you happen to know Mr. Flannery? A. No—he may be here—I do not know whether Mr. Haugh is in existence—I do not know a Justice of the Peace in Ireland named Haugh—I have been in Ireland all my life, except within the last six months—I have never been in the county of Waterford—this (produced) is a portion of a stock.

THOMAS CAVANAGH (Detective Officer, Dublin.) On 31st March, in consequence of directions I received, I went to the North Wall, Dublin, to await the arrival of the steamer Windsor, from Liverpool—among other things taken out of her I saw three barrels, and with the address cards off them; these are two of them (produced); one is "John Flannery, general merchant, Ballyhaddareen, County Mayo, Ireland, from J. Henderson, com-mission agent, &c., Leeds; "the other is "Messrs. McDonnel, general merchants, Tuam, Galway, Ireland, from J. Henderson, commission agent, Leeds"—I opened the casks; the one addressed to Mr. Flannery con-tained nine breech-loading rifles, with sword bayonets to match, three revolvers, and two pockets of ammunition—the stocks were all like this—the other contained ten muzzle-loading rifles and ten common bayonets—the rifles and bayonets had no numbers—this is one of the rifles, and this (pro-duced) is one of the sword bayonets, it fits the rifles—I put a mark "No. 5" on it—this stock was sawn across in this way when I found it in the barrel, and the others in the same way—this is the card from the third cask; it is addressed "Miss Cecilia Rigging, Newport, Mayo, Ireland," and in print "From J. L. Rawlinson, general dealer, Leeds"—that barrel contained five breech-loading rifles, five sword bayonets, three muzzle-loading rifles, and three common bayonets—there was another cask addressed "John Jas. White, Esq., of London, Burgon's Hotel, Athlone, Ireland," and in print "From L. & W. Rawlinson, general dealers, Leeds"—another officer had opened it, I was not present—another cask was addressed "Miss Margaret Delmere, Castlereagb, County Roscommon, Ireland, via Dublin," and in print "From L. & W. Rawlinson, general dealers, Leeds"—I find another ticket addressed "Mr. Richard Cunningham, Mayne Street, Boyle, County Roscommon, Ireland," and in print "From J. Henderson, commission agent, Leeds"—I was not present at the opening of the casks addressed to Miss Higgins or Miss Delmere—all the casks were taken possession of by the police—they have never been claimed by anybody, to my knowledge—two are still in Dublin, and we have four here.

MICHAEL RONAN . I am acting-sergeant of the Dublin detective police—on 1st April I went to the gates of the London and North Western Railway in Dublin—the Holyhead steamer, Stanley, was lying at the side of the pier, and I saw two barrels taken out of her, which were left on the quay—I took possession of them, one was addressed to "J. Jas. White"—I saw them opened—one contained six muzzle-loading rifles and six common bayonets—the other was addressed, "Miss Margt. Delmere, Castleroagh, County Roscommon, Ireland," and contained ten muzzle-loading rifles and ten sword bayonets—the contents of those barrels have not been claimed by anybody, that I am aware of—I was present at the pier when The Countess of Erne came in from Holyhead, and saw a small cask opened, addressed to Mr. Kichd. Cunningham, it contained ten revolvers and ten packages of cartridges

of fifty in each; 500 rounds—I took charge of all those, and some of them are here—none of them have been claimed—I know nothing of Mr. J. James White, of Burgon's Hotel, or of Miss Margaret Delmere—I have not made inquiries.

JOHN FLANNERY . I am a general merchant at Ballyhaddareen, Mayo, Ireland—I have been in business there nearly twenty years, in the name of John Flannery—I know no other John Flannery, a general merchant, at the place—I had not in March last, or previously, ordered any arms to be sent over to me from Leeds—I know no person at Leeds trading as a commission agent, and had no business transactions with such a person—I heard of the siezure of a cask addressed to me, by the Dublin police—I knew nothing of the consignment whatever.

Cross-examined by MR. GRIFFITHS. Q. You have been living all your life in Ireland, I suppose? A. Yes—during the agrarian disputes a good many Irish gentlemen are armed.

MR. SOLICITOR-GENERAL. Q. Are the Irish gentlemen armed with rifles and sword-bayonets? A. Not generally.

ARTHUR McDONNE . I carry on business at Tuam, in Galway, but do not reside there—my firm is "McDonnel & Co."—there is no other firm or business-house of that name in Tuam, nor in the county, that I ever learned, and I know it pretty well—I have given no order for arms to be sent to me—I only know by report of a barrel of arms being sent to my address from Leeds—I did not know it was coming—I gave no orders.

Cross-examined by MR. GRIFFITHS. Q. Perhaps you were pretty well armed before? A. Yes; I generally have a revolver and a rifle—I do not mean to say that many gentlemen have not been armed.

ALFRED ORBELL . I live at 56, King Edward Street, Birmingham, and am foreman to Mr. Armstrong Cooper, a case maker, of Sweeny Street, Birmingham—on 14th April the prisoner Wilson gave me an order for three boxes—he gave me the dimensions—I made them—he paid me 1s. 6d. a piece for them—they were fetched away in the evening—Wilson paid 2s. 6d. when he ordered them, and the lad paid the other 2s. when he fetched them—on 16th April I got a second order from Wilson, in writing, for three more boxes—the solicitor has it—I do not remember the size—this (produced) is a leaf out of my day-book—I made the entry myself—it gives the dimensions—on the 14th there is no size put; it was entered by the boy; but 20 in. long, 14 in. wide, and 7 in. deep were the dimensions—the next is 24 in. long, 16 in. wide, and 5 in. deep, and the next 34 in. long, 20 in. wide, and 3 in. deep; those were 7s.—something was said by him when they were ordered, about when they would be required—I believe I said they would be done directly, and he said he would send for them—the same lad fetched them.

WILLIAM SINCLAIR . I am goods manager of the Glasgow and South-western Railway, at Glasgow—I was not in Court when Mr. Seal was examined—I remember his coming to Glasgow—he called my attention to a cask at the station addressed "Matthew Ward, 68, Rutherglen-loon, Glasgow"—that was received on 1st April—I saw it after it was opened—it contained cartridges and ammunition of some kind—I gave directions to our carter to deliver it to the address, and saw it out of our possession into Lockhart's hands—I know no more about it.

JOHN LOCKHART . I am a carter, in the employ of the Glasgow and South-Western Railway Company—on 1st April I received from Mr. Sinclair a

cask to deliver to M. Matthew Ward, of 68, Rutherglen-loon—I know nothing about him—I delivered it—it is a delf shop—delf is china—the name of Grant was, I think, outside the shop—I gave it to a woman inside, and got her signature for it, which Mr. Sinclair has—I did not find Mr. Ward—that is all I know about it—this is her signature "H. Ward."

Cross-examined by MR. GRIFFITHS. Q. You do not know whether Matthew Ward lived there, or whether he did not? A. No.

AUDLEY THOMPSON (Detective Officer, Glasgow). On 31st March I received information from Seal, in consequence of which I went to McNamara's house Gildey's Court—he was not within, but a lady who said she was his wife was there—I saw a cask when I went in—she did not claim it—I took possession of it, took it to the police-office, broke it open, and found thirty revolvers and fourteen cases of ball cartridge for revolvers, fifty rounds in each case—there was no address on the cask, but there was a mark where it had been removed—I brought over some of the ammunition and revolvers as specimens—McNamara is an Irishman, and deals in old clothes—it is a dwelling-house of one apartment—he does not deal in revolvers—Seal saw the cask at the station.

Cross-examined by MR. GRIFFITHS. Q. Is it only old clothes that he deals in? A. As far as I know—I know pretty well that he does not deal in other things.

COURT. Q. Did you see anything of other things? A. No—I had not been there before—it is a dwelling-house of one single apartment, up one single stair, up one pair of stairs—there is a place called Paddy's Market where he goes about buying old clothes.

JOSEPH DIXON . I am superintendent of detective police at Newcastle-upon-Tyne—on 15th and 16th April I got communications from Mr. Seal of the Birmingham police, and on the 16th went with Thorburn to the Central Railway Station—I saw a train arrive from Birmingham at 6.30, and saw three boxes taken out of the train and put on the landing-stage—they were taken into the parcels office—two were addressed "J. M. Kershaw, Glass-maker's Arms Inn, Bailiff Gate, Newcastle-upon-Tyne," over which another card was nailed, with "Inclewood" on it—"Inclewood" covered "Kershaw"—the other case was addressed "C. H. Williams, Globe Express Office, Pilgrim Street, Newcastle-upon-Tyne"—Thorburn and I watched those two cases the whole day—I watched most, up to 6 o'clock in the evening—no one came to claim them—I then opened the one addressed to Kershaw—it contained twenty-five revolvers—the other was subsequently opened; that also contained twenty-five revolvers—they are six-chambered breech-loaders—they have not been inquired for, to my knowledge—I have frequently communicated with Inclewood's Parcels Delivery Office in Pilgrim Street since the arms were seized, but no one claims them—no such name as "C. H. Williams" is known there—I have made every inquiry—I have not endeavoured to find Mr. J. M. Kershaw at the Glassmaker's Arms—on 19th April I was again at the station, at 3 o'clock in the afternoon, and in a goods van from Birmingham I found a box, addressed "C. H. Williams, Globe Express Office, Newcastle-upon-Tyne," with one of Inclewood's cards over it as before—Thorburn took it to the station—I opened it; it con-tained twenty-four breech-loading revolvers, of the needle pattern—I have made every endeavour to find Mr. C. H. Williams—the case has not been claimed, to my knowledge.

Cross-examined by MR. COLLINS. Q. Do not you know such a man as

H. Williams? A. No, I never heard of him—Inclewood's have agencies, I believe, in all the principal towns, and if the agents take a parcel in they put this card over it, and send it to their agents—Inclewood's is a pack parcel office.

Cross-examined by MR. GRIFFITHS. Q. When did you make inquiries about Williams? A. From the 16th April to the 23rd—I never heard of a man named Williams, a commercial traveller, now in Spain—I made no inquiry at the post-office as to whether they had known a person named C. H. Williams—it did not strike me as a likely place for such a large parcel as that—I did not ask about Eershaw at all.

MR. COLE. Q. Did you ask at the Globe Express Office? A. Every morning for a fortnight—no such person was known there, and no person made application, they told me, up to that time—no inquiry had been made, I was told.

MARK THORBURN . I belong to the detective police of Newcastle-upon-Tyne—I have heard what Dixon has said, it is correct—he directed me to make inquiries with respect to Kershaw at the Glassmaker's Arms, I did so—it is kept by George Mullins, an Irish labourer, and is mostly frequented by Irish labourers—it is a beer-shop—I was told that the name of Kershaw was not known there—I went about the town, and found no such name.

Cross-examined by MR. GRIFFITHS. Q. The Glassmaker's Arms is kept by Mullins; is he here? A. No one is here from there that I know of—they have not been subpoenaed that I know of—I did not inquire at the post-office for Kershaw or the other.

MR. SOLICITOR-GENERAL. Q. Could you find any body at the Glass-maker's Arms who could give you any information about Kershaw? A. I could not.

JOHN HODSON . I am a packer at the Globe Parcels Office, Manchester—on 18th April last a box came there, addressed "Mr. Benjamin Richards, Globe Parcels Express Office, Market Street, Manchester"—I had instructions from my brother to detain it—he is the manager of the Globe Parcels Express—the prisoner Davitt came for the box, on the same evening it arrived, about 8 o'clock—he wanted to know if there was a box addressed to Benjamin Richards—I told him we had advice of one, but we should not have it till the morning after, and showed him the bill—he then went away—next day, at noon, two men came for it in a cart—they seemed to be two Irish labourers, with white jackets on—they brought this ticket with them—that is the order I received from one of them (Read: "Manchester, April 20, 1870. Deliver to bearer a box, addressed 'Benjamin Richards, Globe Express Office, Market Street, Manchester.' Benjn. Richards")—I gave them the box and filed the order—as near as I can tell it weighed 1 1/4 cwt. or 1 1/2 cwt—when the men took it the police followed them.

Cross-examined by MR. GRIFFITHS. Q. Had you known Davitt before? A. No, I never saw him before—I am sure he is the man—I know him from his general appearance—I noticed his hair and his features, and I recognized he had only one arm when he came in—I saw him in the dock at Marylebone Police Court—I was asked "Is that the man that came to you?"—I was not before that absolutely taken into his cell at the House of Detention—I did not go to the prison at all—I was not taken to the cell of the Police Court—I saw him in the Court—I do not know a police-man named Smith; I only know a witness from Leeds named Smith by

people shouting "Smith" to him—he did not go with me to the House of Detention to see anyone—I went nowhere with Smith.

MR. SOLICITOR-GENERAL. Q. Just look at that prisoner, is that the man? A. That is the man, I am sure.

WILLIAM HENDERSON . I am chief inspector of detective police at Man-chester—on 18th April I watched the Globe Parcels Express Office, in Market Street, and saw Davitt come up within a few yards of the door—I did not see him go into the office—I did not go in—I went in next morning, and saw a box there, addressed "Benjamin Richards, Globe Parcels Eipress Office, Manchester"—I was there when it arrived, and gave instructions to the persons in the office—I saw Patrick Carthy, and another man whose name I do not know, come in a cart for the box next day—they stopped at the door, went inside and came out in a few minutes, bearing the box with them—they put it in the cart, and drove off together—I fol-lowed some distance on foot, found they were driving too fast, and hired a cab and followed them—the cart stopped first at a house in George Leigh Street, occupied by a joiner named Geoghan—Carthy got out of the cart there, and went into the house—he came out again in a few minutes and drove to a beer-shop occupied by him in Bengal Street—I turned the corner of the street in the cab, and as soon as I had done so, I saw that I was observed by them; they jumped out of the cart and ran off—I had an assistant with me who went in pursuit, but failed to catch Carthy's companion—I have not seen him since—Carthy took the box out of the cart, and took it into his beer-house—I went in, took possession of it, and took it away—Carthy did not claim it—I took it to the station, and examined it—it contained a quantity of cartridges for revolvers and rifles—I think there are altogether 11,000 rounds of No. 12 revolver cartridges, and 400 rounds of Snider's rifle cartridges, "Boxer" ammunition as they call it—this beer-shop of Carthy's is chiefly frequented by Irish labourers—Carthy is, I believe, still in Manchester—I went to Geoghan's the same night—he is an Irishman—I found there three No. 12 revolvers, and four packages of No. 12 revolver cartridges—the 11,000 cartridges are all No. 12—I saw Geoghan there—no claim was made to this property—I brought them away, and have them now in my possession—I do not know Benjamin Richards—I have been in the Manchester detective police getting on for four years—no claim has been made for this box by any one.

Cross-examined by MR. GRIFFITHS. Q. Did you inquire for Benjamin Richards? A. Yes, but not at the post-office—I saw Mrs. Geoghan at that house, and asked her to whom the revolvers belonged that were found—she said to a young man, a lodger who had gone away, and she could not tell where I should find him—she gave me his name, Brotherick, or something like that—she stated they were her lodger's.

MR. SOLICITOR GENERAL . Q. Has Brotherick ever made a claim to them? A. No—I have not been able to ascertain anything about him—I found two down stairs in a cupboard in the kitchen occupied by the Geoghan family, and one up stairs.

THOMAS BEMBRIDGE . I am a barrel-rider and sighter, of Birmingham—I used to work for Wilson and Meeninham, a man named Gill worked in the same shop, I cannot say whether he was a partner—their place of business was in Weaman Street—I heard of Wilson being arrested, I had worked for them eighteen months or two years before that—I do not know what became of Meeninham, I have not seen him since the Saturday Wilson was arrested

—I have been shown four casks of rifles and revolvers from Ireland—this paper is a memorandum which I made at the time I was looking at the arms to see what I could identify—I identify nineteen rifles and 125 revolvers as my work, made for that firm—here are marks on some and on others they are partially erased; I can see marks of the erasing tools, those I do not swear to at all—I also identify as my work twenty-nine revolvers from the barrel from Glasgow, and ninety-seven revolvers in the four cases from New-castle—I have seen the fifty pistols found on Wilson when he was arrested, and identify forty-eight of them—Wilson once came to me when I was sighting a rifle-barrel and when it was sighted I sent it to Wilson by a man named Huban, who left it with him and came back—I was perhaps 300 yards from Wilson's shop—when Huban came back he stopped about ten minutes and pointed to a man coming down the street from the direction of Wilson's shop, it was the prisoner Davitt—that was some time, in April I should judge, I cannot swear to the date.

Cross-examined by MR. COLLINS. Q. Do you work at your own place? A. Yes, guns were sent to me by different firms, and I sighted them—I know Mr. Aston, of Edmund Street, I have heard that Wilson worked for him, but do not know whether he did so within the last twelve months—I have worked for Wilson eighteen months or two years and I believe he has taken in work for Aston during that time—Adams, Woodman and Clay are all gunmakers—he takes in work for them, side-gun making, sword-fitting, and percussioning, that is filing the cocks—gunmakers have a prejudice against a small manufacturer if they know he is making for himself, but they do employ him—I often went to Wilson's place, Gill was there working, and Meeninham and Wilson—there were two floors, Wilson worked in an open shop and Meeninham in an upper storey—I was before the Magistrate, but was not called—I am called for the first time to-day.

HENRY HUBAN . I am a rifler and sighter—I worked for Bembridge, but left him three weeks last Wednesday—I know Meeninham's shop; Wilson worked in the shop over it—those two shops communicate with each other by a stair—I have seen Davitt about twice, the last time was in Meenin-ham's shop about a fortnight before 25th April—I heard him inquire how long it would be before a rifle was finished, or whatever it was—I carried a barrel to Meeninham's shop, we had it to sight—Meeninhain said that he should have it as soon as he could—I left him there and he came down the street a little afterwards—I pointed him out to Bembridge—I saw him before that also in Weaman Street—I never saw him anywhere else—the second time, he was walking in Harper Buildings, Weaman Street—I did not sec where he went.

Cross-examined by MR. COLLINS. Q. Did you take a considerable quantity of work from Meeninham to your master? A. Yes; rifles to be sighted; a great number—I cannot say that I have taken any from Wilson.

Cross-examined by MR. GRIFFITHS. Q. You say you never saw Davitt before? A. I saw him once before I saw him in the shop—I was quite sure when before the Magistrate that Davitt was the man—I had no doubt, but I was asked if I believed that was the man I saw, and I said yes—I had seen him but once before, that was walking in Harper's Buildings, Weaman Street—I do not pay particular attention to every man who is walking about.

MR. ATTORNEY-GENERAL. Q. Did you notice any peculiarity about him? A. I believe he had one arm off, just above the wrist.

JAMES CASTLE . I am the head viewer of small arms to the Government at

the Tower of London—I have examined four casks of arms which came from Ireland, two from Leeds, one from Glasgow, and one from Nowcastle-upon-Tyne, and fifty pistols said to be taken from one of the prisoners—they are in a state in which they could be used—in the first cask, said to come from Ireland, I found ten short Enfields, muzzle-loaders, they are in what the trade would call the screwed-together state, that is, they are in a complete state, but not finished off or polished, they are very common indeed—I never knew them sent out for commercial purposes in that state—the cost of the arms would be so small that it would make very little difference in the value—these muzzle-loaders would not, perhaps, be worth 5s. each; taking everything, and the present state of the trade, we could have any amount made—they are birch stocks, and they do not appear as if a good workman had done them—I should think they would not fetch 5s.—these stocks are cut in two—this is what we call in the service an unserviceable stock—no person who had the least pretension to be a workman would issue stocks in this condition—the stocks are marked with blacklead pencil, and the barrels are privately marked—I do not swear that they all have nipples on them, but if they have you could fire with them when they are put together and the end was screwed on, and this band slipped down into its place—therevolvers are finished and ready for use—I have also examined some Snider rifles, they are finished, not in the screwed-together state the brass-work is polished, and they are in a far better condition than these, but they have sword bayonets to them, and each of them are private marked to fit a barrel, so that anybody can understand the use of them, each sword fits a barrel that is contained in the same cask; they would be perfectly serviceable when put together; I also found a box of cartridges with them, in some of the cases—this is a six-chamber revolver, requiring a pin cartridge; it is a breech-loader, and the cartridges fit it—I had a specimen of the cartridges, there were hundreds of them—if this cartridge was introduced into one of these chambers, it would be ready for use instantly.

JANE ROBSON . I live at 35, Guildford Street, Milman Street, near the Foundling Hospital—I let lodgings—I know Davitt—he came to my house, I think it was on the 14th, about a fortnight before he was taken into custody—he rented a back room, on the second floor, of me at 6s. a week—I asked him for a reference; he said he had come from the country, and he would pay me in advance—he gave the name of Matthews—he did not give any initials, but his letters came directed to "J. D. Matthews"—I gave them to him, and he took them—he did not say what part of the country he came from, and I did not ask him any questions—no persons visited him, only one person came to see him, I don't know who that was—he did nothing—he had his breakfast at 9 o'clock, and then went out, and I did not sec anything more of him till about 5 o'clock; he then had tea, and went out again, and I saw him again at 11 o'clock—I did not hear from him what he was doing in London—I took him to be a traveller.

Saturday, July 16, 1870.

GEORGE CLARK . I am an inspector of detective police, at Scotland Yard—on Saturday evening, 14th May, I received a telegram from Birmingham, in consequence of which I went to the Great Western Station to meet the train arriving from Birmingham at 10.40—I first went to the Underground Railway at Praed Street—I went by that line, and saw Davitt there—I kept a watch on him, and followed him to the arrival platform of the Great Western Station, at Paddiugton—this was about ten minutes before

the train arrived—he was waiting about, and I directed Sergeant Campbell to keep observation on him, and take him in custody—I remained on the platform, saw the train arrive, and saw Wilson get out of a third-class car-riage—he had a black bag and two other parcels with him—I saw Sergeant Foley take him in custody—the parcels contained 50 six-chamber revolvers, one of which you had here yesterday—I do not think he had any other luggage—I followed Davitt to the station, Paddington Green, where I searched him, and found among other things, 152l. in Irish and English bank notes, about 1l. in gold, and some few pieces of bronze—I have not got the list with the exact quantity—there was 10l. in four Irish notes, two 5l. notes, two halves of two 5l. notes, and one 1l. note, but two of the halves do not make a whole, those two are of the National Bank—I also found some papers in his pocket, and two keys, which I took next day to his lodging, 35, Guildford Street—I saw Foley take that address from Wilson—I was present when he was searched—four addresses were found on him, one is Mr. Matthews, 35, Guildford Street—I took the keys there, and found two carpet bags, in one of which I found some chisels and a jemmy—some money was given back to Davitt for the purposes of his defence, and he signed these three receipts for it in my presence (produced)—I did not hear Davitt say where he came from that morning—I went to Ireland on 5th July, to make inquiries in respect of some arms sent to Ireland—I went to Burgon's Hotel, and inquired for John James White, who was described as the consignee of one of the packages, and to the Prince of Wales' Hotel, Athlone, but could not find him—I inquired at the post-office, and at many places at Athlone—I made almost a house to house visit, and inquired of the shopkeepers, but could find no such person—I also inquired for Miss Margaret Delmere—I inquired at the post-office and railway station at Castlereagh, and 'of the shopkeepers—I found an elderly single lady living at Castlereagh, named Margaret Delamar—I made inquiries of her—she was in very feeble health indeed, and was not able to travel to London—she knew nothing about this barrel, and made no claim to it.

Cross-examined by MR. COLLINS. Q. Did you speak to Wilson when he was on the platform? A. No—Foley took him.

Cross-examined by MR. GRIFFITHS. Q. Is this elderly lady attended by a doctor? A. I do not think she is—I merely give it as my opinion that she is not in a fit state to travel—I only know what she told me—I saw the lady who is nursing her—she is not here—she is not too ill to travel—the old lady came down stairs to see me in the front hall—I also found a pocket-book on Davitt—I have looked through it, to see if there was anything which I could make inquiry upon—I saw nothing which I could make inquiry upon in his favour—I do not find anything for or against him in it—Davitt did not come to Praed Street by the same train as I did—I was the first up stairs, and I found him standing reading a piece of paper, under the gaslight leading into the street—he might have come by the train before—I will not undertake to say that he did not give me his proper name and address at Paddington Station, but I was not listening—I searched him, and counted the money—I sent down to Has-lingden twice, and I went down to make inquiries respecting Davitt—I went to Mr. Cockcroft, the postmaster—he is, I think, a gentleman of great respectability—I ascertained from him that Davitt had been in his employment a great many years—I heard nothing against him—I do not think I asked Mr. Cockcroft his character—Mr. Cockcroft is not ill, but he

is an elderly man, older than the lady who I saw—I do not think he is unfit to travel—I cannot put faith in what he said—I could not get any-thing intelligible from him—I did not take a subpoena to him nor to young Mr. Cockcroft, but I have seen him here—I did not search their house—I saw an office book, but did not take possession of it—it contained entries as to the men's time and work there—sometimes it gave a few hours one day, and went on for a week, and gave a few hours again—it was meant to show particular work done.

COURT. Q. The entries were irregular? A. Yes, no doubt to show the cost of some, particular work being done, and if a man was engaged four hours one day he was charged four hours that day, and it might go on for a week before he was charged so again—Mr. Cockcroft is a postmaster and printer; his mind was so wandering that I could not make anything intel-ligible of what he told me, and I took very little notice of it.

MR. GRIFFITHS. Q. Do you happen to know a man with one arm named Burke? A. I do not—I did not ascertain that any man of that name was living at Haslingden—I have heard the name mentioned, but not the person you are speaking of—I do not know any man named Burke with one arm at Haslingden, or whether his house has been searched.

MR. ATTORNEY GENERAL. Q. I think you said that Davitt had been in the employment of Mr. Cockcroft? A. Yes, I think he left in the early part of 1868 and had not been there since—I learned that from Mr. Cockcroft—this this not part of a newspaper which I cut off—Colonel Burke was the Fenian Burke.

JOHN FOLEY . I am a sergeant of the detective police, Scotland Yard—I was at the Paddington Station on the evening of 14th May, with Clark, and other officers—I saw Wilson in the train which arrived—I saw him getting out of a third-class carriage—he was carrying parcels, covered with black American cloth—I stopped him and said "I am a police-officer; there has been a larceny at Birmingham, I want to know what you are carrying"—he said "Only revolvers"—I said "Where did you get them from?"—he said "I made them myself, I am a manufacturer of fire arms," and he gave me this card "John Wilson, gun and pistol maker, Harper's Buildings, Weaman Street, Birmingham"—I asked where he was taking them to—he said "I have brought them up to sell"—I said "Where?"—he said "Where ever I can, I know nobody in London"—I said I was not satisfied with his statement, and I should take him to the station for further inquiry—I asked if he had had any other luggage—he said "None"

COURT. Q. Had you made up your mind from the beginning to take him into custody? A. I had, before I asked him any questions.

MR. COLE. Q. Did you take possession of the parcels? A. I did—there were three other officers with me, Lansdown, Campbell, and Mitchell—at the station I found that the parcels contained fifty revolvers, with the name of "Mafosure Breute" upon them—when he saw me examining them he said "They are Belgian make"—I searched him, and found on him the documents which have been produced by Sergeant Clark, among them the address of "Matthews, 35, Milman Street, Guildford Street, London"—I was not aware at that time that Davitt was living there—Davitt was at the station before I arrived—they were placed side by side close to each other—they did not show the slightest sign of recognition.

Cross-examined by MR. COLLINS. Q. Have you told us all you found on Wilson? A. There were two other pieces of paper, 1l. 0s. 2 1/2 d., and a

handkerchief, and I found one more of his business cards, I believe exactly similar to the one he gave me.

WILLIAM HENRY CAMPBELL . I am a police-sergeant of the detective department, Scotland Yard—I went with Foley and Lansdown to the Paddington Station soon after 10 o'clock on this night—I saw Davitt walking up from the platform towards Praed Street, in the direction of the Under-ground Railway—I communicated with Inspector Clark, and he told me to keep observation upon him, and I did so for ten minutes or a quarter of an hour—he did not leave the station—I then went up to him, and said "What are you doing here?"—he said "Waiting for a friend"—I asked him his name and address—he said "I shall not tell you"—I asked his friend's name—he said he did not know—I then asked him where his friend was coming from—he said "From Manchester"—I told him I thought he was there for no good purpose, and apprehended him and took him to the station—he made no resistance.

Cross-examined by MR. GRIFFITHS. Q. Did he not tell you that he would give his name to the proper authority? A. Yes—he did not say "For aught I know you may be a swell-mobsman."

COURT. Q. Did you know who he was? A. I did—I asked him his name, because I wanted to have it from himself—I had kept observation upon him since October last—it would depend upon what answers he gave me whether I should have apprehended him or not.

MR. GRIFFITHS. Q. Had you not received instructions to apprehend this man when you saw him, when you had a certain signal given? A. Certainly not; I had instructions to keep observation upon him, and if I found he was going away to apprehend him—he was going away when I arrested him, before I accosted him—I never cautioned him; under the circumstancs I had no business to caution him—he was going from the direction of the platform, from the direction of the train that was coming in.

MR. SOLICITOR-GENERAL. Q. I believe you were instructed to let Davitt have some of his money? A. Yes, he signed this receipt for it, I saw him write it—there were several policemen in uniform at the station—I believe Wilson had been arrested at the time Davitt was about to leave the station, but I could not say, because I was not sufficiently near—there was a considerable deal of confusion.

JOSEPH WOUNTON (Policeman X R 2). I was on duty at the police-station on Saturday night when the prisoners were brought there—it is my duty to investigate the charge previous to taking it—I asked Davitt his name—he gave me his correct name, Michael Davitt—I asked him what reason he gave for being at the station—he said he was waiting for a friend from Manchester.

COURT. Q. Do you interrogate prisoners, too? A. I asked who he was, and what he was doing there—he was brought in on a charge of loitering.

MR. POLAND. Q. Did you ask him anything else? A. I asked where he resided—he said he had no fixed abode in London, he came from Manchester that morning—he said he had no fixed abode there; he was a speculator, and travelled—he afterwards said he had been in London five days—the prisoners were charged, not with treason-felony, but under the Vagrant Act—it was my duty to determine whether they should be detained or not, and to have the charge entered—Davitt afterwards gave his address at Haslingden, near Manchester.

ANDREW LANSDOWN , I am a sergeant of the detective police—I knew

Davitt—I first knew him about the latter end of October or November last—he was then residing at the Bell restaurant, in the Euston Road, by the name of Jackson—I don't know that he was doing anything at that time.

JAMES SMITH . I am a warder in the House of Detention—I have had Davitt in my charge—on 17th May, he wrote out this complaint in my presence (Read: "I only received half-pint of beer for dinner, instead of a pint of bitter ale ordered. Michael Davitt")

Cross-examined by MR. GRIFFITHS. Q. You admitted certain of the witnesses to see Davitt, did not you? A. No—visitors are allowed to see prisoners every day from 12 till 2 o'clock—I don't remember any witnesses from the police calling to see him.

CHARLES CHABOT . I have, for a long time, devoted my attention to the study of handwriting, for the purpose of ascertaining the genuineness or otherwise of documents—I have had several documents laid before me pur-porting to be signed by Davitt, the complaint marked A, and four receipts for sums of 12l., 18l., 10l., and 20l., received from Inspector Clark and Mr. Campbell—here are four cards, Nos. 5, 6, 7, and 8, one addressed "Mr. C. H. Williams, Globe Express Office, Pilgrim Street, Newcastle-on-Tyne," two to "J. M. Korshaw, Glassmaker's Arms, Bailiff Gate, New-on-T," and one to "Mr. C. H. Williams, Globe Express Office, Pilgrim St., New-on-T"—I have compared those addresses with the undoubted writing of Davitt, and I believe them, without a doubt, to be in his handwriting—there is the word "mail" on three of the cards, in a different handwriting—here are six other cards, No. 9 to 14 inclusive, No. 9 is addressed to "Mr. Richard Cunningham, Mayne St., Boyle, Co. Roscommon, Ireland;" No. 10, to "Mr. John Flannery, general merchant, Ballyhaddareen, Mayo, Ireland;" No. 11 "J. Jas. White, Esq., of London, Burgon's Hotel, Ath-lone" No. 12 to "Miss Margaret Delmere, Castlereagh;" No. 13 to "Messrs. McDonnell, general merchants, Tuam, Gal way;" and 14 to "Mrs. Cecilia Higgins, Newport, Mayo, Ireland, via Dublin"—I believe all those to be in Davitt's handwriting—I also believe these two delivery orders, dated 16th March, to be in Davitt's handwriting, except the receipts; this card, No. 4, and the paper, No. 2, I also believe to be in Davitt's hand-writing; the whole of it, including the signature "Benjamin Richards"—I believe the whole of these documents are in the same handwriting—I should perhaps have had a difficulty in taking any one singly, but taking them collectively I have no doubt whatever in tracing the handwriting—the endorsement "Wm. Roberts," on the bank post-bill I also believe to be in Davitt's handwriting—here is a letter, No. 1, said to be found upon a person named Forrester, I believe that also to be in Davitt's handwriting—(The Witness pointed out to the Jury some of the peculiarities in the formation of the letters upon which he founded his opinion.)

RICHARD CUNNINGHAM . I live at Boyle, in the county of Roscommon—I have only arrived from Ireland this morning—I keep a hardware shop there—my father, Bernard Cunningham, lives in Bridge Street, Boyle—I know of no other Richard Cunningham living in Boyle but myself—I never gave orders for any arms or ammunition to be sent to me from England—I know nothing of a cask of arms addressed Mr. Richard Cunningham, Mayne Street Boyle, County Roscommon, Ireland—I did not order it—my father is a general grocer and spirit dealer—I know nothing of Henderson of Leeds.

Cross-examined by MR. GRIFFITHS. Q. Do you live with your father?

No; but in the same town—he is not here—his name is not Richard, and he lives in a different street—I do not know a halfpeth about this cask coming to him or to me—he is a grocer and has nothing to do with arms—I deal in hardware.

CECILIA HIGGINS . I live at Newport, Mayo, I have just arrived from Ireland—I have been a widow three years, and carry on business there as a grocer and spirit dealer—I know no other Cecilia Higgins, except my daughter, who is fourteen years old, and who lives with me—I have lived in Newport seventeen years—no one else of that name lives at Newport except my own family—I did not order any arms to be sent over to me from any part of England in March, or at any other time—I know nothing of L & W. Rawlinson of Leeds—I never got any goods from Leeds, and never ordered any—I know nothing whatever about this cask, containing breech-loading rifles, and muzzle-loading rifles and bayonets.

Cross-examined by MR. GRIFFITHS. Q. Will you undertake to say that you do not know any other person named Cecilia Biggins in Newport but yourself? A. I do not know, of course—we are the only family of the name there, and there are two Cecilias, myself and my daughter.

MR. ATTORNEY-GENERAL. Q. If there was anybody else of the name would you know it? A. Yes; it is a very small town, there are only two streets in it, two or three back streets, but only one business street.

CHARLES HAUGH . I live at Porthlaw, County Waterford, and am a spirit dealer—there is no other Mr. Haugh a spirit dealer there—I never ordered any arms from any part of England—I do not know Mr. J. Henderson, commission agent, Leeds—I have just come over from Ireland, about half an hour ago.

Cross-examined by MR. GRIFFITHS. Q. Are you a Magistrate for the county of Waterford? A. No—I do not know anyone named George Haugh, there is no one of that name in Porthlaw.

MR. COLE. Q. How large is Porthlaw? A. Not very large; there are about eight or nine streets—there is only one family of the name there, and there is no George in that family.

JOHN JOSEPH CORYDON . I was at one time an officer in the Federal Army, in America—I left it in 1865—I became a member of the Fenian Confederation in 1862, and remained so till 1866—an organization of the Fenian conspiracy existed in New York and in several parts of America, and meetings were held at which I was present—the object of the conspiracy was to overthrow Her Majesty's Government in Ireland, and establish an Irish republic—an oath was administered to the members, at first—I swore it—it was to be faithful to the Fenian organization, and to take up arms, when required, for the establishment of this republic in Ireland—the organization was very extensive in America—the head quarters were in New York, and there were branches at different cities throughout the United States, with state centres as the heads of them—I was sent to Ireland in 1865, by John Mahoney, who was then the head of the Fenian organization in America—the Fenian organization existed at that time in Ireland, and the head centre of all, Stephens, was in Dublin, and the organization was ready to fight at any time if he gave the word—the organization extended to England—at the suspension of the Habeas Corpus Act in Ireland, in the early part of 1866, all the prominent leaders were sent to England, to Manchester and Liverpool, and likewise to Scotland—we had frequent meetings in Liverpool, at different public-houses, at which I was

present—money was collected at those meetings to carry on the organization, is well as to buy arms—arms were procured from Leeds, Birmingham, and ill the manufacturing towns in England, bought with the money collected by the Fenians—I knew Colonel Burke; it was his function to buy arms—a great quantity were bought—arms were sent to Ireland, and seized—some were sent by the Fenian organization in England to Ireland—this went on in 1866, and up to March, 1867—in February, 1867, an attempt was made to seize the arms in Chester Castle; the mail train from London to Holyhead was to be seized as it was passing Chester, the telegraph wires were to be torn, and the rails taken up—the arms taken at Chester Castle were to be put in the train and taken to Holyhead, where the mail-boat was to be seized, and the arms put in it, and taken to some port in Ireland, not Dublin—I gave information, and that enterprize was disconcerted—many Fenian meetings were held at Liverpool in February, 1867—a man named Flood was one of the leaders in the attempt on Chester Castle—he has since been convicted at Dublin—he was acting at that time in getting men from Birkenhead and other places, in company with Captain McCafferty—Flood got fifteen years, and McCafferty was sentenced to be hanged, but his sentence was commuted to penal servitude for life—it was supposed that as many as 1,200 Fenians were to surprise Chester Castle, but I did not go to Chester; I only went to Birkenhead—I saw as many as 600 going from the Liverpool district—the night before they started, it was expected that there would be as many as 1200 or 1400—I think the attempt was on 11th February, it was on a Monday—Fenian meetings were held at this time in Liverpool, at Mullins's beer-house, in Birehfield Street—I know Davitt—I gave his description before he was arrested—he has lost one hand—I was asked about him by Mr. Williamson, and I gave his description, and said that he had only one arm—I saw him at public-houses in Liverpool at the time of the Chester rising, and at different Fenian meetings—I cannot say whether I saw him the day after the attack on Chester Castle, but it was immediately after—meetings were held every day until we went to Ireland—Mullins's house was full at those meetings, up stairs and down—these meetings consisted entirely of Fenians—McCafferty and Flood were there; Captain Deasy, who was arrested at Manchester, and several others, about thirty altogether, all American officers—Captain Dohany, of the American army, was also there—he has not been tried—he has gone to America—Colonel Burke was there—he is now undergoing his sentence—the subject of discussion at those meetings was the loss of not having taken Chester Castle, and making arrangements for the rising of the night of 5th March, in Ireland—that meeting lasted, very likely, three or four hours—Davitt was there the whole time—I saw him there about three times altogether—I have seen him twice since—the meetings were all one as prominent as the other—there were three meetings at the same place—some of the people there were the same, and some were not—the subject of discussion was just the same as the first, a rising which was contemplated in different parts of Ireland, on the night of 5th March, that was arranged at that meeting—I did not know what Davitt was at that time—I did not inquire—I know he was well known by the members, he would not be allowed in company if he was not a prominent man—these meetings were only of leaders from the different centres, from Runcorn, and different places round Liverpool—a good many towns in England had their organisations—the

privates would not be admitted to those meetings—a number of Fenians went to Ireland—I know I had sixty captured in one morning, on their arrival, and several smaller batches—there was a general movement of Fenians to Ireland—I was not in Ireland when the outbreak took place—I went to Ireland, and saw General Massey, who was to command them arrested on the night of 4th March—I gave information to the Government that the rising would actually take place, and left that night—I knew Forrester well in Liverpool—he was present at these meetings—he was a Fenian lecturer and a printer, I think—he was not present when Davitt was, but I saw him oftener than I did Davitt.

Cross-examined by MR. COLLINS. Q. Do you know Wilson? A. No.

Cross-examined by MR. GRIFFITHS. Q. Was Forrester arrested? A. I did not see him arrested, but I saw by the papers that he was, and that he was acquitted by the Magistrate—I don't know where he is now or whether he is within the precincts of this building; let me see him and I will tell you in a moment—this giving information against Fenians has not turned out so profitable to me as people imagine—if it has anything to do with this case and his Lordship tells me, I will tell you—I can't say within 100l. or 200l.—I don't get just so many hundreds—I should like the Government to give me 300l.; I think I have earned it—they give me nothing per case, only my expenses; I have no interest in his conviction—I have nothing else to occupy my mind except looking after these people, I am entirely cast out from society—I was connected with the Fenian organization, and I intend to punish as many as I possibly can—anybody I know who is made prisoner of, if they are connected with the Fenian organization and I can identify them, I will—I was sworn on the Gospel, but I thought I was doing much better for myself and people generally by breaking the oath than to have these people ruin the country and several respectable young men, they have ruined agreat many—I don't think that I have said that I saw Davitt five or six, or four or five times at these meetings—what I swore was written down and I signed it—you will find it was only three times—I corrected the clerk at the time (The depositions being read stated "I have seen Davitt I dare say at four or five Fenian meetings at different places in Liverpool—perhaps three, I will not swear about four")—I was sure of three but not of four—I was on my oath and I am now—I don't intend to break this oath—the meetings were all at one house—it is untrue that I said that the meetings were at different places—I signed this, I did not read it, it was read to me—this does not say that it was at one house and only one house—what is on that paper is untrue—the attempt on Chester was in 1867, I believe—I went as far as Birkenhead with them.

Q. thought you said to-day that you left the Fenians in 1866? A. I commenced giving information to the Government in 1866 but I still attended the Fenian meetings—I don't think I broke my oath in 1866; but if becom-ing an informer to the Government is breaking the Fenian oath, then I did break it—no privates were admitted to those meetings, that I am aware of, these were the Liverpool people—by privates I mean men who had no rank, private soldiers—I saw Davitt there for the first time—I don't know whether he had rank or not, I never knew him—I did not, to my knowledge, say before the Magistrate "Davitt had no rank, he had only one arm."

Q. He had no rank, and yet you say that nobody who had not rank was allowed to enter? A. He was in company with those big people—he had not rank, to my knowledge—I was a lieutenant in the Confederate army—I

was not engaged at Bull's Run although there were a great many good men there—I was on the Federal side.

MR. ATTORNEY-GENERAL. Q. You gave information the night before the Chester affair? A. Yes—I don't believe any were taken there—they did not have the Habeas Corpus Act suspended in Liverpool, and they could not have anyone taken on suspicion—I had a bigger object in view than taking a few men—I gave information to the police about the rising on the 15th—I mentioned the names of persons connected with it, and they were well known, I think.

Q. They being known, were they allowed to depart this country? A. I know I found fifty or sixty in the different gaols in Ireland—I don't suppose I gave many names to the police—I gave Colonel Kelly and General Hal-pin; they were arrested; General Halpin got fifteen years, and is in prison now—he got back to Ireland, and I had him taken off a steamer going to America—the police could not take all the persons—I don't think they had done any harm in Chester, because the troops came there—they went there for the purpose of taking the Castle that night, but the troops were there before them, on my information, the night before the intended attack on the Castle—the persons that could be apprehended, or that the police could take, would be fined, and that would put an end to my career as a Fenian if they were prosecuted—I don't think it is much of a profession—I told their names that the police might look after them and watch them, I did not give Davitts name at that time, nor 100 others—I did not think of Davitt then; I thought of bigger men—they had more generals than any-thing else—they were all generals and captains—I was not a general, I was a confidential friend of the Fenian officers, so much so, that I was intrusted with despatches from Colonel Kelly, in Dublin, at the time Stephens was in gaol, I read them, and they stated that Stephens would be out four or five days after I left—it cost me more money than they paid me—that it not the reason I left them; they were quarrelling amongst themselves, and it would only lead to bloodshed—some of the generals whose names I gave were taken afterwards—Davitt wore his hair, in 1867, just the some as he does now, and I think he had a moustache—I will not swear it, or that he wore a beard—I knew him well, and I know him well now—his hair might be longer for aught I know—you asked me if it was the same as it is now, and I must look at him.

MR. GRIFFITHS. Q. Had he a beard on his chin, or had he not; you know what a beard is? A. I will not swear to that—he had a moustache, but I would not swear to his whiskers—I knew him well, or I could not give a description of him before he was arrested—he had a moustache, but I won't swear he had a beard—I will swear he had a moustache in 1867, but I won't swear he had a beard, or whether he had whiskers or not—I never saw him before—I saw him at three meetings, and then knew him—if I did not become acquainted with his appearance then, how could I give a description of him—I described him as a man with his right arm off—he is the only Davitt I knew with his right arm off—I do not know a man named Burke with only one arm—I do not know whether he was a Fenian, there were several Fenians, I cannot be all over the world, you know—I was a clerk in New York before I went into the American army—I am an Irishman—I went to America about sixteen years ago; I am not sure—I left the army because it was disbanded—there was not much imputation on my bravery, nor even a little; I am not afraid of anybody—I

should be afrraid of arms if the Fenians had them, and there are plenty of them in London—I was not drummed out of the army for cowardice—I was asked that seventy or eighty times in this Court before, it was quite a different thing to being drummed out—I shall not tell you my address—I live in some part of England, and I do not want the people there to know how I live, because it would very likely endanger my life—I will not tell you how I employ my time, unless I am compelled.

MR. ATTORNEY GENERAL. Q. You have been asked a good deal about your courage, is there any foundation for your being drummed out of the army? A. Not the least; I believe my discharge is in Dublin now, and it could be brought here secretly, unless it has been burnt—I do not get so much a case from the Government; if they are acquitted I get my expense the same as if they are convicted; I only hope there will be no more of them—I should not like to meet a Fenian with one of these rifles or revolvers—some of my deposition is wrong (read)—the substance of it is correct, with the exception of the different places of my seeing Davitt at four or five Fenian meetings, it was only three meetings I saw him at, and they were at one because—I am positive of that—I had not known him before—he was not a general or a head-centre but he was in company with those big men; Fenians of distinction—he had a moustache, and I observed that his right arm was off, and from that I gave his description to William-son a short time before his arrest—I was asked if I knew a man by the name of Davitt, I said "Yes, I know two, I know one with the right arm off and another who has both his arms perfect"—I said that he was about 5ft. 10in. or something like that, dark complexion, and had lost his right arm—I identified him at the House of Detention in a minute; there were a lot of different cells I went along; I did not know who I was looking for, but I looked through a little hole; he was sitting down, I think, and I said "That is the man that I gave a description of"—my attention had not been directed to him—I have not the least doubt that he is the man.

MR. GRIFFITHS. Q. Was there any other man in the cell with only one arm? A. I will not be positive, I did not see either of his arms, only his head, as soon as I saw him I knew him—that was before I went before the Magistrate; perhaps it might have been a week before, but I will not swear that.

THOMAS SKUSE . I am a first-class constable in the Liverpool police—I have been seventeen years in the force—in February, 1867, I was specially employed to watch the Fenian movements at Liverpool—I ascertained what were some of the Fenian places of meeting there; one was Rossiter's a beer-house, in Addington Street, Marybone, and Mullin's was another—Davitt was a man who came under my notice—I have seen him in company of a man named Flood, who was afterwards convicted—I was a witness on his trial—I remember the time of the raid on Chester Castle—I saw Davitt with Flood a few days before that—I can't say how many days before—they were in the street, and there were some others, who were reputed Fenians, with them—they were coming from the direction of Birchfield Street, going down London Road—I saw Davitt in the London Road previous to the Fenian raid and afterwards—I got information as to who had been seen at Chester, and I watched certain persons—I knew a man named McCafferty, he was afterwards tried and convicted—I was at his trial—there was a great deal of movement at Liverpool just after the Chester raid, and a great many strangers were there—I know a place in Liverpool called

Watson's, a public-house in Mary bone; it used to be frequented by persons who were called American officers—I have seen Davitt there after the raid on Chester, with the American officers—I have seen Flood there, and I have seen Flood with a person named Codey, a man who was at the head of the assassination department, pointed out to me as such—he was afterwards tried and convicted in Dublin—I was at his trial—I have not seen Davitt with him—I have seen Davitt in the company of several reputed Fenians it Liverpool that I became quite familiar with—I have not the least doubt of his being the man.

Cross-examined by MR. GRIFFITHS. Q. You were not before the Magistrate? A. No—I first said something about this about a week ago—I was asked by Superintendent Williamson, of Scotland Yard, whether I knew a man named Davitt—I said I knew two Davitts—I described Davitt to Williamson at the time—I told him he had dark whiskers and moustache, one arm, part of his arm taken off—he said he should require me in London—I did not know what case it was then, he did not tell me—his whiskers were reasonable, not large, something like yours, not quite so large—I will undertake to say he had whiskers and moustache—I won't undertake to swear he had no beard—he had reasonable whiskers all round his chin, not shorn, reasonable—he had a beard—I should say it was between 1st and 9th February that I first saw Davitt at Liverpool—I can't say nearer—I saw him on the Tuesday and Wednesday following the 11th, following the Chester raid.

MARTIN MEAGHER . I am sub-inspector of the Royal Irish Constabulary—in the spring of 1867 I was in Liverpool, in charge of the Irish constabulary there—they were employed in watching the Fenian movements—I watched where the Fenian meetings took place in Liverpool—I know Mullinms, in Birchfield Street—reputed Fenian meetings were held there—I went in and saw them—they were meetings of those who were suspected.

Cross-examined by MR. GRIFFITHS. Q. You attended meetings at Mailing's? A. I walked in—they would let anybody in who wanted a glass of beer or a glass of whisky—no inquiry was made of me—the owner of the house knew me very well, and would make no objection to my going in—other people I know nothing about.

MR. SOLICITOR-GENERAL. Q. You say they knew you? A. They knew me to belong to the police—I did not go in when any of these topics were being discussed, about the overthrow of the Government—I went when we heard that meetings were to take place there—they did not discuss in my presence—I was pretty well known—from twenty to thirty people assembled on one night, and sometimes more.

WILLIAM BRAY (Detective Sergeant, Chetter Police.) I was in Chester on 11th February, 1867, and saw persons assembled there, who came from Manchester, Liverpool, Crewe, and so on—I saw Flood there about 9 o'clock a.m., and saw Flood and McCafferty together at the railway station in the evening—I afterwards saw those two men tried in Ireland for treasonfelony—about 2000 strangers came into Chester that day—I know Chester Castle very well it is the magazine for the northern division of England; there are about 30,000 stand of arms there, and a store of ammunition—about 100 troops are there, but no Artillery—I received information about this raid—troops came down from London the following day, and nothing took place—after the strangers came in I found cartridges and cape about in the railway field and different places.

RICHARD ADAMS . I am head constable in the Royal Irish constabulary Kilmanlock—there is a barrack there, in which I and other constables live—I received information previous to 5th March—I had fourteen constable in the barrack on that night—I got an additional force in, some few hours before we were attacked; there were fifteen, including myself—we were up all night anticipating a disturbance, and at 5 o'clock in the morning of the 6th we retired to rest—about 6 o'clock an attack was made on the barrack—I had not the opportunity of seeing how many men made the attack, but I heard the number described as 500 by those who were outside—after they had taken up their position, front and rear, an attempt was made to set the house on fire in the first instance, but the guard being on the alert they could not do so—they fired volleys at the barrack, front and rear, through the windows—my party returned the fire immediately, and after some time calls were made to us to surrender in the name of the Irish Republic, and Colonel Dunn compelled a man, who he believed to be friendly to the police, to enter the yard in his name—we were three hours defending the barracks, and one in the suburbs—I saw relief approaching, and directed the doors to be opened, we sallied forth, and they all ran away—I found two of the insurgents dead, in the rear of the house, and a lot of arms in all directions—a Captain Welch was wounded—he was after-wards tried and convicted.

FRANCIS SHERIDAN . In March, 1867, I was a sergeant in the Dublin Police Force—on the night of 5th March, I was on duty with three constables at Milltown Village, about two and a quarter miles from Dublin, about 12 o'clock at night, I saw 700 or 800 men concentrated on the Grove Marsh, four deep, armed with pikes, rifles, and revolvers, marching in military array—they surrounded us, and demanded that we should go with them as prisoners—they took our arms, and marched us off to Dundrum, and a place called Stepaside, which is a constabulary barrack—they rapped at the doors of the barrack, and called upon them to surrender in the name of the Irish Republic—they fired several volleys, and broke the windows, and put straw in and set fire to it, broke in the doors with sledge hammen, and brought out the constables, and their arms and accoutrements—they then dragged us off to another barrack called Glencullen, and I saw some of them putting on the military accoutrements—they did the same there, they demanded a surrender in the name of the Irish Republic, and fired volleys through the windows.

Cross-examined by MR. GRIFFITHS. Q. Are the gentry in Ireland pretty well armed? A. Some of them—I do not know Mr. Burdett Malouy—I do not know the Magistrates in the rural districts.

JOHN BROWN . I am a constable, of Ballyuochane, Cork—on 6th March, 1667, 150 men came to our barrack, and demanded our surrender in the name of the Irish Republic—they broke in the doors, and set fire to the barrack—the leaders were subsequently convicted in Cork—there was Colonel O'Brien and Captain Mackay—within the last year there has been a tendency in that neighbourhood to moving about at night, parties going about with bands, which we attempted to put a stop to—that has ceased since the winter, since March or February last.

WILLIAM HORNE . I am senior inspector of the detective department at Liverpool—I have had to keep a watch on the Fenians there—there are a great number of them—they held meetings in 1867, and up to the present moment, as far as I can judge—it is still going on in Liverpool, but there

have been no Fenian processions there since that—there was an attempt once, but it was suppressed by Major Gregg, the head constable—Allen, Larkin, and O'Brien were executed in 1866, I think, and I think this was the anniversary, and it was attempted to get up a procession in their honour—it was in 1868, I think—I know a man named Forrester—I have seen him at Liverpool, but not at Fenian meetings—I know him—in September, 1869, in consequence of information I received I went into Smith's eating-house, 9, William Brown Street—I there found Forrester in a "snug," at the back, reading a letter, which he immediately tore up—I ran and seized his arms—I took up the pieces and pasted them together—this is the letter (produced)—I arrested Forrester, and found A loaded revolver in his side pocket, and four unloaded in a portmanteau which, he claimed—I charged him with having revolvers in his possession, and not satisfactorily accounting for them—he was held to ball, himself in 200l. and two sureties in 100l.—during the time he was in custody I observed Davitt endeavouring to get bail for him, with Forrester's mother—that was in 1867—he was liberated on 7th January—bail was procured—I saw Davitt at Liverpool several times on that occasion, in company with Forrester's mother, stopping at the same hotel—that was in December last—I had seen him in Liverpool on several occasions before that, in the street, not in any house, except the hotel he was stopping at—I have not seen him in company with any one—he never carried on any trade to my knowledge—it is from twelve to eighteen months back since I first saw him, but I had heard of him.

Cross-examined by MR. GRIFFITHS. Q. Forrester was not then committed to take his trial on anything of that sort? A. He was not—I was present when he entered into recognizances—I don't recollect the Magistrate saying to him" Have you any objection to enter into your recognisances I"—I will not swear he did not—I did not hear the Magistrate "If you are an honest man, you will not object to enter into recognizances; if you are a dishonest man, I shall feel it my duty to compel you"—I will not swear it was not said—I did not hear him say in reply" I am an honest man, and I have not the slightest objection to enter into recognizances"—I will not swear that he did not—I do not know that Davitt was a hawker—I have hoard it said that he was, but I never saw him carrying anything in the shape of business of that sort—I have not seen Forrester lately.

MR. ATTORNEY-GENERAL. Q. Did you search to ascertain if he had any goods to hawk about? A. I did, I searched Forrester's house, Forrester said he was a hawker as well—Mr. Pigott of the Irishman newspaper was indem-nifying Mr. Doran one of Forrester's bail.

GEORGE CLARK (re-examined.) The distance from Haslingden to Manchester is eighteen miles, it is between Manchester and Blackburn, or between Manchester and Accrington, hardly between Manchester and Liverpool—I believe it is from thirty-five to forty miles from Liverpool; there is a railway all the way—it may be forty-two miles.

JAMES HICKSON (Police Inspector X R.) I was on duty at the station at Paddington when the two prisoners were brought there—I took the charge against them—I asked the name and address of each—I first asked Wilson his name—he said "John Wilson"—I said "Where do you live—he said "St Thomas Street, Sparkbrook, Birmingham"—I asked he had occupation—he said "A gun and pistol manufacturer"—I asked if he had any address in London—he said "No"—I read the charge to him, it was

for having in his possession fifty six-chamber revolvers and not giving a satisfactory account of the possession of the same, supposed for an unlawful purpose—he said "I brought them here to sell them, I am the manufacturer of them, I am a dealer in pistols"—I then asked Davitt for his name and address—he said "Michael Davitt, Wilkinson Street, Haslingden, ManChester"—I asked his occupation—he said "I have no occupation"—I said "Where were you last employed, or are you a gentleman living on your means?"—he said "No, I am a speculator; I attend races"—I said "Are you a betting man?"—he said "No, I speculate upon public events"—I then read the charge to him "Loitering in and about the Paddington Station of the Great Western Railway, supposed for an unlawful purpose, in the parish of Paddington"—he did not make any reply—those were the charges that were first made before the Magistrate against the prisoners—they were remanded upon those charges, and the matter was taken up by the Treasury—I asked Davitt also if he had any address in London—he said "No"

Cross-examined by MR. GRIFFITHS. Q. He said he had no regular address in London—were not those his words? A. No; I asked him if he had any address in London, and he said "No"—I said "Is this your only address?"—he said "Yes"—I mentioned that before the Magistrate at the first hearing—I presume it was taken down, I saw the clerk writing—my deposition was read over to me—that was not read over, but I decidedly said it—what the clerk read over was correct—there are times when evidence is offered which is not entered by the clerk or the Magistrate; I have often found it so, and I have often heard attention called to the omission—I did not mention it to the clerk when he read over my deposition—I am certain I stated it.

The torn letter found on Forrester was read at follow: "Glasgow, Wednesday. Dear friend, I have just returned from Dundee, which place I have left all right; your letter of Monday I have just read, I have no doubt bat what the account is correct. In reference to the other affair I hope you won't take any part in it whatever, I mean in the carrying of it out; if it is decided upon and you receive Jem's and through him Fitzs consent, let it be done by all means, but one thing you must remember, and that is, that you are of too much importance to our family to be spared even at the risk of allowing a rotten sheep to exist among the flock. You must know that if anything happened to you the toil and trouble of the last twelve months will have been almost in vain. Whoever is employed don't let him use the pen we are and have been selling, get another for the purpose, a common one. I hope and trust that when I return to Man I may not hear that every man, woman and child knew all about it ere it occured."

MR. GRIFFITHS submitted that no overt act on the part of Davitt was proved to have been committed within the jurisdiction of this Court. MR. BAKER GREENE, in supporting the objection, urged that the only evidence tending to connect Davitt with any act in this county was his possible meeting with wilson at the Paddington Station, and further that there was no evidence of any existing Fenian conspiracy. THE LORD CHIEF JUSTICE, as to the last point, considered there was abundant evidence for the jury, and as to the first, they would have not only to consider the single act of the meeting of the prisoners at Paddington, but connecting that with the destination of the various parcels of arms sent to different parts of the country, it would be for the jury to say whether the whole facts taken together did or did not satisfy them that the acts done were in furtherance of the Fenian conspiracy.

Samuel James Harper, gunmaker, of Weaman Street, Birmingham and David Gardiner, gunmaker, of Little Hunters Lane, Birmingham deposed to Wilson's good character.

The following witnesses were called on behalf of Davitt;—

MARTIN HARRAN . I live at Haslingden—I sell various things in the country, drapery sometimes, travelling with it—I have known Davitt since he was a boy, at Haslingden, thirteen, fourteen, or fifteen years—I think he is now about twenty-four or twenty-five years of age—I knew him in the beginning of 1867; he was at that time living at Haslingden; he was a compositor there, or sometimes letter carrying, I think, in the employment of Mr. Cockcroft, the postmaster—I saw Mr. Cockcroft last week I think he is suffering mentally, I understand his mind is affected—I have seen his son here—I recollect seeing Davitt, in February, 1867, at Haslingden, at the time of the raid on Chester; I saw him before and after the raid, at Haslingden, in his own house and in the street—I saw him two or three times a day, sometimes, but every night—I think he had a whisker at that time, a little one, a little moustache; I think it was a whisker, it was a little hair on his lip, nothing else—this (produced) is a photograph of him as he appeared in; I think this is pretty near it—he lost an arm when quite a boy, about eleven or twelve years old, by an accident—I knew a man named Burke, who lived at Stackstead, four or five miles from Has-lingden; he was very like Davitt, and he had also lost one arm—I don't know whether Burke was at Liverpool at that time.

Cross-examined by MR. ATTORNEY-GENERAL. Q. What did you say you were, that you sold drapery in the country? A. Yes, sometimes other matters, brushes, looking-glasses, or anything that way—I am a hawker, and go about the country—I live at Haslingden when I am at home—I came there in 1847—I am an Irishman—I go about the country in the day, but come home every night—Davitt left Haslingden sixteen or eighteen months ago, or perhaps nearly two years, I can't tell exactly—he com-menced hawking after he left Mr. Cockcroft, hawking drapery—he has hawked about Haslingden for five or six weeks, or perhaps longer—I don't know what he has been doing since he left Haslingden—I have not been in communication with him since—I have had letters from him, to know about his parents since they have been in America—I don't know where I had letters from him, I have had two or three from him, I think one was from Leeds—I don't bear in mind where the others came from—he signed his name "Davitt"—I never knew him by the name of Jackson, or Roberts, or Matthews—I never knew of his being in Birmingham, or Liverpool, or London—I knew it, by reading, after he was taken in London; except from that, I did not know from him. that he had been in London—I don't know where he has been residing since he left Haslingden, or what his occupation has been—I did not know of his taking a warehouse, at Leeds, in the soda and soap trade—in Feb-ruary, 1867, he was working at Mr. Cockcroft's as a compositor—he lived in Wilkinson Street—I understand that young Mr. Cockcroft was there, and I have a boy apprenticed to Mr. Cockcroft—I was out hawking all day—I sometimes saw him in the day-time—I did not go out every day to hawk; I lived close by to his house, and in the morning, very often, I saw him at breakfast time—I was about my business as usual about the time of the raid on Chester Castle—I generally go out about 10 o'clock in the morning, and get back by 5, 6, or 7 o'clock—I did not see him when I was

out in the country—I generally went out five days in the week, and some weeks perhaps six days, and some weeks perhaps four days—I was first asked about this after the prisoner's arrest, by Mr. Paine; he asked if I recollected February, 1867; that was a few weeks ago—I recollect the time of the raid on Chester, from reading about it the day after, and by the excitement it created—I don't recollect what day of the week it was I think it was the beginning—I believe I had seen Davitt every day the week before—I saw him every night, and sometimes every day—I saw him at his own house every night—I never missed, I went there every night—we used to discuss matters there, we used to talk about politics and that; sometimes we played at dominoes—we discussed general politics, not Irish politics exclusively, but very much so—we did not disagree—there were sometimes three or four, or five or six of us—there was Matthew Shearin, he is an Irishman; he is a young man who travels, goes out hawking—he is not regularly at Haslingden—he was there in February, I met him every night, and two or three more—there was John Tinley, an Irishman, he used to work in a factory; he is now in America, he went some time ago, perhaps twelve months, I can't say; and there was Thomas Barrett and Thomas Lyons—Barrett was a tailor by trade, an Irishman; he is in America—Lyons is an Irishman, he is living at Haslingden now, he is an out-worker; he is not here to-day—I have heard from Barrett and Tinley since they have been to America—they have sent letters—I am not aware that any of these men went to Liverpool from time to time—I have been there twice, connected with a foctory that I collect for, the United Assurance—those are the only two occasions upon which I have been there—Burke was not one of those we used to meet every night; I knew him by being an Irishman, and, living in a country place, we used to get acquainted—I knew him well—I think he was a Fenian—he is dead—he died some time the latter end of last year, I understand—Tinley and Barrett were not Fenians, that I know of—we did not talk Irish politics exclusively, every sort of politics, American, French, and Russian—we dis-cussed the Fenians—all these persons did not meet every night, but I went every night—I mean to swear that I met Davitt every night during the week of the Chester raid, every night the week before, and every night the week after; I never missed a night; I positively swear that—I won't say I met him every night during the whole year, but I do swear that I have been in Davitt's house every night, and talked to him every night in February and March, and before and after—I bear this time particularly in mind, because of the excitement that was caused in Lancashire by that raid on Chester; we used to read about it and discuss it, and Davitt with me condemned it as a foolish idea, a foolish undertaking; we could not see the object of it, a foolish undertaking altogether—I did not know the object of it—of course I suspected the object was to take possession of the Castle, but I thought it foolish—I don't know that it failed; it did fail by the reports—I will swear that I saw Davitt, every night during February and March, at his house, and sometimes in the street after we came out of the house, and went back again to the house perhaps—I saw him every night in April, and I think I did every night in May I will swear I saw him every night in May and every night in June—I don't know about July—I won't swear that I saw him every night in July or August, there might be nights that I did not, but I used to go to Davitt's—I don't know the date of his leaving Haslingden, I think it is nearly two years since, fifteen, sixteen, or eighteen, or

twenty months; I can't say whether it was in 1867—he did not leave Mr. Cockcroft in 1867 or 1868—I don't know particularly what time he left—I have seen him since; he has been at Haslingden at the time big parents went to America three, four, or five months ago—it was the left arm that Burke had lost.

MR. GRIFFITHS. Q. You have been asked about going to see Davitt every night, was there an institute at Haslingden? A. Yes; Davitt was the only Irishman that belonged to it—I did not go, nor any of the other young men, and we went to Davitt's to hear the news—I had an opportunity of seeing the papers and talking politics—I did not agree with the Fenian movement, nor did Davitt—a great many persons from the north have emigrated to America, and a good many are going now—I did not go to Liverpool for any Fenian purposes; I positively swear that—I believe Burke to have been a Fenian, from sentiments that he expressed to me.

COURT. Q. Where did you meet Burke? A. I have seen him at his own house twice, and I have seen him at Haslingden once or twice; I saw him once in the street, and once at my house—he might know Davitt, but he was no friend of his, that I know of.

MATTHEW SHEARIN . I am a travelling draper, and live at Haslingden—I was living there in 1867—I know Davitt, he was there at that time; I knew him very intimately, we were schoolboys together; I think he is about twenty-four or twenty-five years of age, the same age as me—in 1867 he would have been about twenty-one—he had only a moustache at that time—I was wearing one myself then—I was beardless—(looking at the photograph)—this was his appearance in 1867—he was then in the employment of Mr. Cockcroft, the postmaster; after that he became a hawker, and he travelled for about six weeks along with mo—I recollect the raid on Chester Castle, in February, 1867—I saw Davitt at Haslingden at that time—I saw him every night for that week, and the week following, because I made it a practice to go into his house every night; I was slightly indis-posed at that time—I was troubled with a bronchitis—not so as to compel me to keep my bed, but it prevented me from following my employment—I recollect the raid on Chester Castle, because it happened at the time I was badly—I saw Davitt in his own house, and in the streets occasionally—I lived perhaps 200 yards from him—I discontinued hawking while I was ill, but I went to Davitt's every evening during that fortnight—the Chester raid was always discussed every evening, and condemned by Davitt and others—I knew Burke, who lived in the neighbourhood of Haslingden; he had lost an arm—I don't recollect which arm—he bore a very striking resemblance to Davitt—he was about the same height, about the same complexion, and about the same age—I have been in Burke's company when he has talked about Fenianism, and he always sympathised with them very strongly—I saw him several times.

Cress-examined by MR. ATTORNET-GENERAL Q. Did you ever see Burke and Davitt together? A. Yes, I have seen them together; in 1866 I saw them together, sometimes in Bacup and in Haslingden; not frequently, occasionally—sometimes they met accidentally—I have seen Davitt in Burke's house occasionally; I have not seen Burke in Davitt's house, to my recollection—Burke lived four or five miles off—I and Davitt were very intimate friends—we went into Burke's house, as we would go into any other neighbour's house; in a country place like that, where the population is not so numerous, of course everybody knows everybody else—we happened

—casually to drop into Burke's, being friendly—I am not prepared to swear how often we did that—sometimes I and Davitt went there together; I was not always with Davitt, because I travelled the country—I travelled very wide—I have not been to Burke's by myself, and found Davitt there.

Q. How came you to go to Burke's? A. No other object than to call, as I would in any other place—sometimes we would go to Rochdale or elsewhere, upon an out on a Sunday, and it was on the road going to Rochdale, and of course we would call in, sometimes, perhaps—we did not go exactly to see Burke—we went in as we passed along—I can't say how long we stayed—I was suffering from bronchitis during the Chester week, but I went to Davitt's every night—I was not bad enough to stay in; I went every night for that fortnight—I won't say as to the following fort-night—I went every night the week before the Chester raid, and for a fort-night after; that would be three weeks altogether; I was slightly indis-posed during those three weeks—I am suffering from bronchitis now, and taking medicine for it—sometimes I was away from home—I travelled wide; sometimes into Yorkshire and 'Cheshire—I did not go to Davitt's for the purpose of discussing the Chester raid, we discussed the general topics of the day; we discussed Irish politics—we always condemned Fonianism—I understand Fenianism is Irish politics—I don't know what Irish politics means, if it is not Fenianism—we did discuss Fenianism during the Chester Castle excitement—it was always discussed and condemned—if there was anything particular in the papers about Fenianism before that, of course we discussed it; we discussed the general topics of the day—sometimes Harran and Fearon and other parties were present, Lyons and Doherty—Lyons is not here—Davitt left his employ at Haslingden about fifteen or eighteen months, or two years since; I can't give the month or the year—he told me he had a wish for going hawking, and he went hawking along with me for about six weeks—since then I understood him to be dealing in revolvers and guns; he told me so before Christmas—I saw him at Haslingden, and I have met him in several towns since I have been travelling—I did not see him at Leeds—business took me to Manchester—he did not tell me how long he had been in the gun trade—I did not know him by the name of Jackson, Matthews, Richards, or Roberts, or of his taking a soap and soda warehouse at Leeds.

MR. GRIFFITHS. Q. I understand that you discussed the Fenians when you saw there was anything in the paper about it? A. Of course; I always condemned it—it is a fact that for a week before the Chester raid, and for a fortnight after, I went to his house every night, and whenever I was at Haslingden we used to see each other—he belonged to an Institute there, and I had the opportunity of learning the news from him.

HENRY COCKCROFT . I produce a medical certificate as to the state of my father's health—he was subpoenaed on the part of the prosecution—he is too ill to be hero—my father is postmaster at Haslingden—I am relieving officer of the Haslinden district—I do not live with my father—I know Davitt very well, he was in my father's service—he entered the service eight or nine years ago, or more, and was in his service six or seven years—he came as an errand boy, to run about with newspapers, and so on, and he worked himself up until he got into the office, so that he could do anything there; I knew pretty well what the duties of the office were—there were books kept for the purpose of the men putting down their time, and what work they had done—one was called the office-book, and the other the

tillet book—a tillet is a piece of cloth, with an emblem worked in the middle of it, which is used for packing woollen goods in, to send off to foreign parts—the tillet book was kept to show how many tillets had been done, and who for—there were no odd jobs put down in it, only tillets—my father is a printer and stationer, at well as postmaster—the tillet-book would show certain work that certain workmen did, and the time they did it—Davitt generally did them; he printed the cloths—the tillet-book would show the date that he printed them, and so on—I believe Inspector Clark came down to see my father—I have not seen the tillet-book for the last two years—I believe Inspector Clark was shown the office-book; that book is here (producing it)—I believe the leaves are all perfect—if Davitt had been working at tillet work it would not appear here—these entries in February are all in Davitt's handwriting, except one about the middle of the month; here are entries of his on 12th and 16th—this "did" means distributed. (The book being referred to, it was stated that there was an awry on 12th feburary and no other entryuntil the 16th, upon which day was enter "set, February 14th and 15th by Thomas Lech, altered by Thomas Leech, worked on 16th by Thomas Davitt, and distributed on the 19th by Davitt; five hours")—He appears on the 16th, not on the 15th—that entry is in Davitts writing—if he did tillet work on the 13th, 14th, 15th, and 16th, it would appear in the tillet-book—diligent search has been made for that book, but it cannot be found—I do not remember the Chester raid—I remember hearing of it after it was over, but I took no further notice of it—I dare say I had con-versation with Davitt about it—I have no recollection of it, but I have no doubt but what I should have—I do not remember whether it was in the month of February; I have nothing to remember it for, there is nothing that particularly brings it to my notice—my sister is not here—I very seldom missed the prisoner, he was a very regular attender to his work—I should not have remembered it if he had stopped away half a day or a day; if he had been away two or three days I should—from all that I have ever known or seen of him, he has been a very respectable, steady, honest young man.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Have you heard any-thing of him lately, for the last two years? A. No, I have not heard any-thing I have seen him three or four times—he left my father's employment about the spring of 1868—I don't know how he came to leave; I presume he thought he would like to see the country, more than a sedentary kind of life—he said he was going out hawking—I have seen him three or four times since he left, but only once to speak to him; I don't think it is more than twelve months since; that was at Haslingden—I knew nothing of his having to do with arms, or going by the names of Jackson and Mathews until I saw it in the papers.

PATRICK FEARON . I am a weaver by trade, and live at Haslingden—I have known Davitt from a boy, fourteen or fifteen years—he is now about twenty-four years of age—I remember the time of the raid on Chester Castle—I was living at Haslingden then—at that time Davitt had a alight moustache; his beard had not grown to the strength it is now; he had not haved above once or twice—I don't think he had above half a dozen hairs that you could notice, no beard—he could not, if so disposed, have grown a beard at that time—I remember seeing him at Haslingden every night during the week of the Chester raid—I saw him on the Monday night, and Tuesday night, and every night that week, and for every night for weeks

after; I made it a particular practice to go with Davitt—I saw him every night during that week, and for several weeks; for weeks before and after I used to se him at his own house, and in the street; we used to walk back-wards and forwards through the town.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You are an Irishman, I suppose? A. Yes—I live at Haslingden—I saw Davitt regularly every night of the Chester week; at his own house; sometimes there would be a lot of lodgers there, travellers that travelled about, and I used to get information there as regards the news of the day—I was there every night of the Chester week, every night the week before almost, well, every night, I can't say for how many weeks before—I made it a practice continually to go with him—I can't exactly say how many weeks before it was that I began to go to his house every night, I am not supposed to keep a memo-randum of everything I do; I know particularly that I went for a week or so before, and perhaps more—I daresay I might go odd times at the begin-ning of the year, perhaps every other night, but particularly every night for the week before the Chester raid, and for weeks after; I can't exactly say for how many weeks after—I daresay I went every night the week after the raid; I won't swear it—I saw him odd times the week after that; I can't say exactly whether I saw him every night or not—I went every night of the Chester week, because he was a member of the Mechanics' Institute, and used to go there and read the periodicals, and I used to go there and get information from him—he was a member before that, and I got information before that—I went that week because I did not believe that any persons would be so foolish as to make a raid; Davitt always condemned it strongly—I did not hear beforehand that it was intended, and we did not believe it when we saw it in the papers—I first heard of it on the Tuesday—I went to his house every night for about a fortnight after the raid, I will be bound for it—I can't say that that was still to hear about the raid; companions generally go together; what makes anyone go together—I can't say whether or not I went every night during the summer—I used to go every time that I felt inclined to go—he left Mr. Cockcroft perhaps a year and ten months since, it must have been in 1868—I have seen him since at his own house at Haslingden, not anywhere else; I have not heard from him, I have had no communication whatever only when I have seen him—I knew Burke, he had lost an arm—I have seen him with Davitt—they were very like each other—I have seen them together perhaps a dozen times; Burke bore a very great resemblance to Davitt—he wore a dark beard.

Cross-examined by MR. GRIFFITHS. Q. During the whole time you have known Davitt has he borne the character of a straightforward respectable young man? A. Yes, always; that is the character he bears in the neigh-bourhood.

Monday, July 18, 1869,

JOSEPH DIXON (re-examined). I never received a notice from Geneva, making a claim for these goods or casks which were directed to "G. H. Williams, Globe Express Office, Pilgrim Street," nor did I know that there was one in existence.

MARTIN BURKE . I live at Stackstead, and am a woollen carpet printer—in 1866 I had a brother named Thomas—he had only one arm, he had lost the left—I know Davitt—there was a very extraordinary resemblance between my brother and Davitt, in complexion, height, appearance, and

in every brother had whiskers, a beard, both on the jar and ail round—I recollect the raid that was attempted on Cheater Castle—a seizure was made by the police at our house, at Staokstead, not at Haslingden—my brother, my sister, mother, and I were living together—I knew Davitt at that time; he was living at Haslingden—I never heard of any search made at his house—Stackstead is four miles from Haelingden.

Cross-examined by MR. ATTORNEY GENERAL. Q. Were you here on Saturday? A. Yes—we have all been living together since we came to the City—we were together yesterday—my brother and I lived together at the house at Stackstead—Davitt used to come and see us sometimes—my brother and him being both disabled, they were acquainted with one another and took a great fancy to one another—my brother lost his arm in a factory—he lost it close up to the shoulder, within an inch or two from the shoulder—my brother told me about being at meeting! with Colonel Kelly, Captain O'Brien, and Deasy, and a man named Flood—I was not a Fenian—I have told the same tale here as I told the solicitor.

ANNA BURKE . I am the sister of the last witness—in 1867 I was living with him and my mother, near Manchester—I had a brother Thomas alive at that time—his appearance was something about the same as Davitt's dark-complexioned, large-featured—he bad a beard all round, but not very thick—I knew Davitt—they were mistaken several times one for the other—I remember hearing about the raid on Chester, but do not remember how long the time is—our house was searched after that—I am never at Liferpool.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Were you here on Saturday last, were you in Court? A. Yet; I have been staying with my brother in London—I was with him yesterday, Sunday—I was not in Court when Corydon was called; I was in a room at the back.

MR. GRIFFITHS. Q. Were the other witnesses who are here on behalf of the defence in the room tool? A. They were.

COURT. Q. How often did it happen that your brother and Davitt were mistaken for one another? A. The first time I remember was when my brother went to Ireland—Mr. Davitt and his sister came to the station and he said "You are welcome Mr. Burke from Ireland," thinking it was my brother—it was the last train at night at 9.40—I have heard from people that they often took one for the other.

ARTHUR FORRESTER . I live at 18, Brighton Street, Salford—I am at present a newspaper correspondent and lecturer—I saw a report of Corydon's evidence as given before the Magistrate in this case—in consequence of what Corydon said I am here to-day—it is untrue that I attended Fenian meet-ings in Liverpool in 1867—I first saw Corydon when I was in prison in Kilmannen in 1867—he was brought to identify me, and did not do so—I was tried at the Special Commission, which opened on 18th April that year, for having arms in a proclaimed district—I had been arrested on the Lord Lieutenant's warrant—I was not a Fenian—I received this letter (the one produced) from Davitt—it is in his handwriting—he had received the original from some quarter, he could not tell whence, and he left me this copy in order that I might give him my opinion upon it.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You said you were a newspaper correspondent, what newspaper do you correspond with? A. The Irishman; Mr. Piggott is the editor—I have been a correspondent of the Irishman since January, 1868, and occasionally before—I did not attend

any Fenian meetings in Liverpool in 1867—I never attended any Fenian meetings—I hesitated because I thought your question was foolish—I swear on my positive oath I have never atttended any Fenian meetings—I know Regent Street, Liverpool—I don't know Mr. Wagg's public-house there by name—I may have been at a public-house at Liverpool on 30th December, 1868, but I attended no Fenians meetings—I go into public-houses so often that I can't swear to any particular date—I may have been at a public-house in Liverpool in December, 1863—I can't give you the names of the public-houses I attended—I was living at Salford at that time—I can't give you the name of one public-house I attended in Liverpool—I have not been to Mullins's—I can't remember that I met Davitt at a public-house in Liverpool on 30th December—I can't recollect particular dates—I won't swear that I did not meet Davitt at a public house in Liverpool in December, 1868, because I have met him in Liverpool, hit I don't remember the dates—I won't undertake to say that I have met him in public-houses, or that I have not—I am not at all confident on that point—I met him in Liverpool once or twice in 1868 and in 1869—I can't remember how often I met him in 1869—it may be about three or four times—I don't know where I met him—I don't remember the exact places—I don't carry a memorandum book about with me—I should say I have known Davitt eighteen months or two years—I was introduced to him by Mr. Brady, of Salford, an old friend of mine, at his own house—I have seen him pretty frequently since that—I have seen him at Liverpool, and Manchester, and Leeds, I think—he went by the name of Davitt—I did not know him as Jackson, or Richards—he never told me any of his aliases—I understood him to be a traveller in hardware, and sometimes in soft goods—the first time I was introduced to him he was travelling with drapery—I know Has lingden—I was there frequently—not in 1867—I don't know Burke—since I came to London to give evidence I have known him—I have been with him—I don't know any of the American officers who have been described—I knew the Glassmaker's Arms, Bailiff's Gate, Newcastle—shortly after theseizure I was in Newcastle lecturing—I lecture on various subjects, Irish poetry, literature, Irish life in England and other subjects; not Irish politics, Irish poets—I have delivered a burlesque on politics, ridiculing everything political, always—I was lecturing in the north of England—I came back by way of Newcastle; I had read of the seizure, and went out of curiosity to look at the place—I did not know the place before—I do not know whether it is resorted to by Irish labourers—I do not know all the resorts of Irish labourer—it is a beer-shop—I did not ask for Mr. Kershaw—I have not been frequently to the Glassmaker's Arms within the last few months, to my knowledge; but I have been in Newcastle lecturing—I was in prison in 1867 for having arms in a proclaimed district—I was arrested with a number of men—they had not all arras—they were discharged—if they had been Fenians they would have been committed—they were discharged and I was detained under the Lord Lieutenant's warrant—they were all natives of Dublin—I was kept in prison six months—I knew nothing of the men intimately until after their arrest, and as far as I know none of them were Americans—none of them served in the American army that I remember—I was arrested in Liverpool for having a loaded revolver in my pocket and four others in a carpetbag—I had got them for sale—the loaded revolver was for my own protection against thieves and garrotters, and the others were for sale—it was 11 or 12 o'clock at night—I have not dealt in arms since—I had for a short period before—I sold revolvers

to any one who would buy them—I sold one to Mr. McCabe, a newspaper reporter, of St. Helen's, Lancashire, near Liverpool—he was reporter to a St. Helen's newspaper—I sold two or three to Mr. Danvers, a newsagent at Liverpool, for Liverpool, Manchester, and London newspapers, a whole-sale newsagent—those are the only ones I remember—I did not have a place of business for their sale—I sold a very few—I had been carrying on this sale a few months previous to my arrest—I had four at the time I was arrested, and had sold five—I sold one to Mr. Conelly, a butter merchant, at Scoles, Wigan—I bought these revolvers at Birmingham, Urn of them, of a Mr. Meeninham—I don't know that he carried on business in the same shop with Wilson—his place of business was Harper's Buildings, Weaman Street, Birmingham—I did not know Meeninham was in partnership with Wilson there—my transactions were all with Meeninham—I can't say I saw the prisoner Wilson there—I may have done—I think Metninham was a Birmingham man or a London man, from his accent—I introduced myself to him on purpose—I went to Birmingham to find someone out to buy re-volvers of—I was talking at the place I was lodging in, and somebody told me to call there—it was a stranger—I can't give you his name—he was living at the same place—it was not Davitt—I knew Davitt at that time—I bad seen him shortly before or shortly after—I saw him frequently since I knew him—he knew I was carrying on this trade in arms—I can't say that he knew where I got them from, until after my arrest in Liverpool—I told the police then, and it appeared in the papers—I was not in the habit of carrying a loaded revolver about—I did not like the place I had taken the lodging in for the night, and I had money on me, and I was afraid I might be robbed—I loaded the revolver that night—I had the ammunition in my pocket—I found out I did not like the place when I went into it the same night, half an hour before I was arrested—when I went to the place I did not like it—I had bought the revolver for myself, and when I thought there was danger I should have defended myself—I bought it with the others—I bought the ammunition at the same time—I carried it with me in my pocket; it was more convenient to carry loose ammunition; I had only six or seven cartridges—I bought it two months before, when living at Sal-ford—I brought it to Liverpool in case I might want it for my defence—I did not suppose I should be less safe at Liverpool—I carried the ammuni-tion loose in my pocket—I mean to say seriously that I loaded the revolver that night because I thought I was in danger—I carried the ammunition with me along with the revolver—I always carried two or three samples loose along with the other revolvers, in case they should be ordered, because they were different sizes—they were No. 12, mine was No. 7.

Q. When you were arrested in Dublin upon the charge of having arms in your possession, did you not take out a pistol to fire at the police, and were you not stopped before you fired? A. I did not fire at the police—I took a loaded revolver out of my pocket, not to fire, to give to the police when I was asked if I had any arms—I had a loaded revolver on a former occasion, it was on account of that I was convicted—I had it loaded in my pocket—I came into possession of it, I was very young at the time, and carried it about with me as a kind of bravado—I don't think I had more than one loaded revolver in my possession at that time—I won't swear it, I think I had only one—when I was arrested in Dublin I was in the act of taking the revolver out of my pocket—I was usked for it—we had all been asked whether we had arms, I had not

answered, they siezed us before the gave us time to answer—when I was siezed, I lost my temper and made resistance—it was not then that I took the revolver out; they had cot it then—I was taking it out when I was siezed roughly, arrested, and the revolver was wrested from me—I don't know how many of the others with me had loaded revolvers, some had; there were about eight or nine taken altogether—about half of them had revolvers—I don't know whether they were loaded or not—I knew none of the other persons—I went in there to take a drink, and I was in a part of the room apart from the others when I was arrested—it was in the back room of a public-house at Dublin—all in the back room had not revolvers—I believe I was the only person in the back room that had one—I won't swear it, but I believe it—others who were captured at the same time had rerolves—I had only got this revolver the day before—this was on 9th March, 1867, three or four days after the Fenian rising in Ireland—the revolver was given to me by a man going to America, named Lynch, an Irishman; he was afraid to take it with him, I believe—I don't know whether it was a No. 12, it was a muzzle-loader—I had been in Ireland since the Saturday morning after the Chester raid—I went from Liverpool—I went by myself; there were a great many Irishmen in the same boat—I left Manchester on the Friday after—I was in Ireland when the rising took place; I was in Dublin at the time—I was in bad health, and I went over to Ireland to stay for a fort night or three weeks for the benefit of my health—I intended to go from Dublin to my aunt's in Drogheda—I got this letter from Davitt—I had received letters from him before; I have not got any of them—I had corresponded with him pretty frequently—I had just read this letter and was tearing it up when the police came up; they say I tore it up as soon as I saw them come in, but that was a coincidence; it was not because the police came in—I knew it was a dangerous document if it was taken upon me—I did not know that I was going to be taken—it was a dangerous document in case an accident might happen to me, an Irishman and dealing in revolvers, and I was perfectly well aware that it was possible that while dealing in those things, some policeman might ask me what I was dealing in, or how I came into possession of them, and I thought it would not be convenient to have such a document upon me—the wording of it is dangerous—the meaning of it I should say would be very palpable to anybody—Mr. Davitt, in the accompanying note which he sent with that copy, said he thought it was a police trap—I destroyed that accompanying note as soon as I had read it, five or six hours before I was arrested; I did not destroy this at the same time, became I wanted to make myself master of its contents, so that I might be able to give my opinion upon it—it was at Manchester that I tore up the other note, where I had received it—this letter is in Davit's handwriting—it is evident that it relates to some secret understanding about this traitor or "rotten sheep," as it is expressed—I do not know what the meaning of "the pen "is—I can surmise, but I could not know exactly—I should say it meant fire arms, pistol, or revolver, or something of the sort; I surmise, I don't say that it does mean that—I can't tell to what the traitor alludes—I don't know whether it is to the Queen or to the Fenian conspiricy—on my oath, I did not know what was meant—it meant a traitor to the Fenians or some other secret society; I can't tell what other society—I don't know who Jem and Fitz are—I am not a member of Davitt's family—I can't tell the meaning of the word "family;" I can surmise—I would surmise it meant the same secret society; I don't know that it meant the Fenians.

COURT. Q. You never heard the term "family" applied to the Fenian conspiracy? A. I have read it on evidence, in different Feniain trials; I have not heard it myself.

MR. GRIFFITHS. Q. On your oath, did you ever attend any Fenian meetings? A. On my oath, I did not—the revolvers found on me on the second occasion, I had to sell—when I was taken before the Magistrate, the Crown required that I should be bound over to keep the peace; the Magis-trate asked me had I any objection—I replied I had no objection to being bound over to keep the peace, as I never intended to violate it; but I had an objection to the reflection that would be cast upon my character if my being bound over to keep the peace was considered as an insinuation that I intended to break it—he replied that if I were an honest man I could go on with my business just as before, or something to that effect, and if I were dishonest I could not be vexed at being bound over to keep the peace; and I was then bound over—I was a newspaper correspondent at that time, and added to that the functions of a hawker; sometimes I hawked knives, sometimes revolvers—I think I hawked ten or eleven revolvers altogether, and four or five knives, cutlery, and odd pieces of drapery—I had a hawker's licence—I have it here (producing it).

COURT. Q. Is this the first you took out? A. No, the second—they all expire at a given date, I believe.

ELIZA GEOGHAN . I live at 41, George Leigh Street, Manchester—three revolvers were found at my house—it is a private house—I had a lodger named James Broderick—when he went away he owed me some rent, and he left three revolvers and some cartridges in payment for it—my house wag searched on 21st April by two or three detectives—Mr. Henderson was one, and they found the revolvers, two in a cupboard and one up stain in a box that Broderick sometimes used—Henderson asked me some questions about them, and I made a statement to him—about a month afterwards Broderick applied for them.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You don't keep the house yourself, I suppose? A. Yes, my husband does—he is a cabinet maker and upholsterer—he is an Irishman; he is not here, he is at business in Manchester—this was the first time I ever received any revolvers in pay-ment of rent—I did not tell Mr. Henderson that I did not know there were any revolvers in the house—I said I knew nothing about them—I told him a lodger had left them—he asked me who did they belong to, and I told him to a young man who stopped with me some time before, and had left them for rent.

JAMES BRODERICK . I live at 15, Taylor Street, Lower Broughton Street, Manchester—I know Davitt—I knew him in April; he was introduced to me as a hawker in fire arms—I purchased of him three revolvers and 100 cartridges—I was going to America, and I was told that I could buy them cheaper here than I could in America—I was going to Philadelphia—I had a father and sisters there—I paid 27s. each for the revolvers, he wanted 30s.—I paid him 3l. down before I got them—I left them in Mrs. Geoghan's house, where I was lodging, at 43, George Leigh Street—I owed her some money—I had borrowed some money, and I had missed paying two weeks rent; I owed her 2l. 3s.—I have paid her since—I did not get the revolvers, I applied to her for them.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You were to take those three revolvers to America? A. Yes—I was going to have one for myself,

to make a present of the other, and to dispose of the third to friend there—the prisoner told me they were No. 12 revolvers—I was told it was a general thing for every person in America to carry a revolver—after leaving Mrs. Geoghan, I went to lodge at 8, Harrad Street—I did not tell her what I was going—I left the revolvers behind me—I was once in the Volunteer Artillery, at Manchester—I did not go away and carry off my carbine and accoutrements—I never received them—I swear that—I left the force without getting them—I was born in Bristol, of Irish parents.

MR. GRIFFITHS. Q. Did you leave Mrs. Geoghan in a friendly way or not? A. No, we had a quarrel; I did not tell her I was leaving; I merely told her she could keep the revolvers till I came to pay her.

JAMES CLARK . I live at Willington-on-Tyne—I know Davitt—I bought some revolvers of him, as near as I can remember, about eighteen months ago—I bought either seven or nine, I don't remember which—I did not buy them for myself, but for Father Sharpies, the parish priest of Willing. ton—I think he wanted them in consequence of some Catholic priets in the neighbourhood being robbed some few weeks before, and he wanted them as a protection for his own house—I can't tell whether he wanted them all for himself—I think the houses of five parish priests were broken into that winter—I know there were some; I saw it in the paper, and I have been in the houses soon after; there was Canon Bewick, of North Shields, for one, Mr. Brown, of Howden, and others, and some money was taken away—I remember Mr. Murphy preaching; some of the robberies were before that, and some after, but I think most of them before—Davitt gave me his address, 6, Wilkinson Street, Haslingden, Manchester; he was introduced to me as a hawker by my brother, John Connell, who went to America scon after—Davitt said I had to pay him in advance for them for fear when they came they might not be taken, and he might be at the loss of them if they were not—I am a copper extractor, at present in the em-ployment of Mr. Cook, a lead and silver merchant, at Howden and Wil-ington.

Cross-examined by MR. ATTORNEY-GENERAL. Q. When were you introduced to Davitt? A. Nearly eighteen months ago, as nearly as I can say, at Willington-on-Tyne—I and my brother are Irishmen—Father Sharples employed me to buy the revolvers, as I live close to his place, and some-times do some work for him—I have bought several other things for him, not revolvers—I have made marketings for him at different times—I hare never bought any other revolvers, I swear that—my brother bought two of Davitt, so he told me—I attend church at Father Sharpies every Sunday, and live close to him; I am one of his flock—he is not here, that I am aware of—my brother bought his two revolvers some few weeks before he went to America—I gave between 32s. and 36s. for mine; they were very small.

HENRY COCKCROFT (re-examined) When Davitt was working for my father he generally commenced at 9 o'clock on Monday, and 7 o'clock other days—he had not carried out letters for a long time—he generally left at 7 o'clock in the evening, on Saturday at 2 o'clock—I think the last train left Haslingden at 8.16—I scarcely think that would run through Liverpool; I fancy not—I think the last train for Liverpool was between 5 and 6 o'clock, that would go to Accrington and Preston, or you could go from Haslingden to Manchester, and from there to Liverpool—the first train dowan in the morning was somewhere about 8 o'clock; from Liverpool I

think it was 10.13; there are two routes from Liverpool to Haslingden, one by way of Manchester, and another by way of Preston—there are several trains in the course of the day both there and back—I am almost sure that the first train from Liverpool to Haslingden is 10.13—the last train would be between 8 and 9 o'clock—"Tillet" is printing generally upon linen we were only occasionally doing that—when Davitt was not doing that he would be in the office, doing odd jobs, anything almost—tillet work was done by the day—he was not allowed any special holiday, we have no fixed time; if he wanted a day he could have got it; he did not that I know of; if he was away for a day or half a day I should miss him, but not think anything at all about it—I would not undertake to say that on any particular day in 1867 he might not have been away for half a day or a whole day—it was his duty to carry the mail bag to meet the train from Haslingden to Manchester at 10.13; that is the train coming in from Liverpool—if he was not there my father as a rule would do it for him, he did it sometimes; there was only that one mail bag to be carried; there was one from Manchester at 5 o'clock, but the letter carrier fetched that—Davitt took the morning one because the letter carriers were out with their letters; sometimes another man might do it, I will not be certain.

WILSON— GUILTY .— Five Years' Penal Servitude.

DAVITT— GUILTY .— Five Years' Penal Servitude.

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