The CHIEF BARON. I make no order; but I know, both as prosecutor and judge, that it is the practice.

Mr. MURPHY, (to witness.) How long after you went on board did you see him coming out of the cabin? He did not come up until I was just leaving.

How many men did you see on the deck of the vessel ?—I did not see past seven men. Did you see who was in command of the vessel?—No.

Did you know the name of the vessel, or learn it whilst you were on board?—No. Did you see or know what the vessel had on board-what cargo?-No.

About what place did you land when you came ashore from the vessel; did you come to the same point you left?-I did.

Did you leave Gallagher on board?—Yes.

When did you next see Gallagher after that?-Two days after that.

The CHIEF BARON, (to prisoner.) Is there anything you wish to suggest, or to ask this witness?-No, my lord.

DANIEL JONES examined by Mr. BEYTAGH:

Where do you live?-Mount Edward, county Sligo.

Do you know the strand of Streeda?-I live convenient to it.

Do you take sea-weed there?—Yes.

Do you remember the morning of the 25th May last?--I do, sir.
Did you go down to the strand of Streeda that day?—I did.

[Page of report No. 64.]

When you got to the strand did you see any one?-As I was going along for sea manure two wounded men were lying on the sand. I asked them what brought them there, and they said they came in at 12 o'clock that night.

The CHIEF BARON. I do not think the conversation between these men is evidence here.

Mr. BEYTAGH. In consequence of what they said to you, what did you do?—They asked me to go for a horse and cart.

Did you go?--I went to a man convenient-Michael Broom.

Did you get a horse and cart from him?--I did.

Were the men lying down?-They could not move at all.

When you came back were they there still?—Yes.

Where were they wounded?-Öne of them was wounded in the knee, and the other

in the ankle.

What did you do with the wounded men when you came back?—The coast guards came down and put them on the cart.

Where were they taken to?-To Mr. Jones's.

Did you go with the cart and men to Mr. Jones's?—No.

You left them in the hands of the coast guards?—Yes.

The CHIEF BARON. Do you know the name of the coast guards?-The name of one of them is Burke.

The CHIEF BARON, (to prisoner.) Do you suggest anything to ask this witness?-Ask him, my lord, how far Milk Harbor is from Streeda.

The CHIEF BARON, (to witness.) How far is it from Streeda to Milk Harbor?-About a mile, sir.

How far is it from Milk Harbor to the place where the men were on the strand?—A mile, sir.

Anything more? (to prisoner.)—No, my lord.

JOSEPH CLARKE examined by the ATTORNEY GENERAL:

I believe you are a coast-guard man?—Yes.

At Streeda?—Yes.

Do you remember May last?—Yes.

Do you remember meeting Gallagher, the pilot?—Yes.

The CHIEF BARON. What date?-The 25th May.

The ATTORNEY GENERAL. What hour of the day?-About 2.15 a. m.

The PRISONER. My lord, this witness was also in the gallery during the examination of Gallagher.

The CHIEF BARON, (to witness.) Were you ?—Yes.

That does not make him inadmissible.

The ATTORNEY GENERAL. Had you any conversation with Gallagher?—Yes.

After you saw him did you meet anybody else?—Yes.

Did you know the man you met ?—He gave me no name at the time; he was a stranger to me.

Had you some conversation with him?-Yes.

The CHIEF BARON. Do you now know who he was?—Yes.

The ATTORNEY GENERAL. I don't ask you what he said, but did you take him into enstody?—Yes.

Where did you take him to?-The coast guard watch-house, near Streeda.

When you were in the station were any persons brought in there?—Yes; two wounded men.

Where were they wounded?-One through the thigh, and the other in the ankle.
Would you know either of these wounded men ?-I won't be too positive.
Would you know the man you took into custody?—I think I would.

Do you see the man you took into custody?—That is he there. (The witness pointed to a man in the dock.)

The PRISONER. Were you in the court when Gallagher identified these men ?—I don't know; but I would know that man.

The CHIEF BARON. Was that the man you took into custody?—Yes.

The CHIEF BARON. Who is that man?

The ATTORNEY GENERAL. Patrick Nugent, my lord. (To witness.) Do you see either of the wounded men in court ?—I think that one there, but I won't swear positively to him. They were lying down in the station while I was there.

The CHIEF BARON. That is Coffey, I think.

The ATTORNEY GENERAL. Yes, my lord. (To witness.) Did you observe any ship cruising off the coast that morning?-I saw a small speck at daylight out in the offing, and we could not make out what she was.

Did you see a vessel cruising there the day before?—Yes.

On the 24th ?—Yes.

What kind of a vessel was she?-A brigantine.

Did you remark anything about her rigging?-She had a double topsail yard rigging. Was she near shore when you saw her on the 24th ?—At 4 o'clock in the morning she was about two miles off Streeda station.

The CHIEF BARON, (to prisoner.) Do you suggest anything to ask this man?

The PRISONER. What did Gallagher say to him, or what did he say to Gallagher?
The CHIEF BARON. I think you are entitled to have that asked.

The ATTORNEY GENERAL. Had you any conversation with Gallagher?—I had.
What direction was he coming in?-From Streeda shore.

Was he walking or running?-Walking.

What did you say to him when you met him?-I asked him who he was. He said he was a pilot. I asked him where he came from. He replied that he was landed from a brigatine. I asked him was she the topsail-yard brigantine. He said she was. I asked him what she was. He said she was a Spanish vessel from Spain, bound to Glasgow. I asked him what cargo, and he said he did not know. He told me he was out fishing, [Page of report No. 66.]

and he boarded her. He was asked to take her into Killybegs, and when north of Killybegs he got orders from the man on board not to enter that harbor. He then stood over towards Streeda shore.

That is what Gallagher said?-Yes; and he said that one who was the captain or mate, or whoever was in charge, said they would land the pilot and proceed to Glasgow themselves.

Did he say anything more to you?-No, he did not.

He said nothing about wounded men ?-No.

Nothing about the captain ?-No.

And nothing about remuneration ?-No.

There is nothing else in the information.

The CHIEF BARON. He did not tell you anything about what happened to him in the vessel?-No; that is all he told me.

The CHIEF BARON, (to the prisoner.) Is there anything else you would suggest?
The PRISONER. That is all, my lord.

BERNARD BURKE examined by the SOLICITOR GENERAL:

Are you one of the coast guard at Streeda?—Yes.

Do you remember the 25th of May last?-Yes.

Were you on duty on that morning on the shore?—I was.

What day of the week was it?-Saturday morning.

About what o'clock did you observe anything from the shore?-Between 5 and 6.

And what did you observe?—I observed a horse and cart going down to the shore,

and on arriving there I met another man, a civilian, and two wounded men on the sand banks.

Did you go down after the horse and cart?—Yes.

The CHIEF BARON. What way was it going?-In the direction of where the wounded men were found.

You said you found there were two wounded men on the sand?-No; I did not say that.

Upon arriving at the shore you got another man, a civilian, and two wounded men lying on the sand banks?-Yes.

You followed a horse and cart going to the shore?-Yes; it was going to the shore, and I found the wounded men in the direction in which it was going.

The SOLICITOR GENERAL. Do you know the name of the man who had charge of the cart ?-He is named Michael Byrne.

And do you know the name of the civilian who was on the shore?-He was of the name of Jones.

When you came up, were the wounded men talking? I do not ask you what they were saying, but were they talking to the civilians?—Yes.

Had you any conversation with these men? I do not ask you what it was, but had you?-Previous to going?

No, but when you were there?—Yes; I asked the man a question.

The CHIEF BARON. One of the wounded men ?-Yes.

[Page of report No. 67.]

The SOLICITOR GENERAL. Did you observe any marks on the beach?—There was a considerable lot of foot-tracks upon the banks between the water and where the men lay.

Did you observe how the men were wounded, or where?—I made an inquiry, and one man told me he was shot.

Did you observe any bandages on him?—Yes; one was bandaged round the thigh, and the other man round the ankle.

What did you do with these men, and the horse and cart?-I asked these men where they came from, and I got them conveyed to the watch-house.

The CHIEF BARON. The wounded men?—Yes.

The SOLICITOR GENERAL. Do you observe either of these men in court?-Yes. [The witness here identified the prisoner Coffey.]

Had you before that morning observed any vessel out in the offing?—Yes.

What build was she?—I saw a brigatine on Friday evening stand over towards our shore.

Stand over in what direction?-Towards the Donegal shore.

What was her build?-To the best of my opinion she was an American-built vessel. Had she her sails set?-She had.

The CHIEF BARON. Do you know the build of an American vessel?-Yes, I have a knowledge of the build.

What did you say about the sails?-She had the sails set, and a double topsail-yard forward; she was under easy sail.

Were her motion and trim, and her sail altogether, such as would be adopted by a vessel that was waiting in the place between these two coasts?—Yes.

The SOLICITOR GENERAL. How long during that day did you so observe her?-I saw her on Friday morning about nine o'clock; she was over then on the Donegal shore. About how far from where you were?—Well, about 14 or 15 miles.

That is over at St. John's Point?-Yes.

Is Killybegs a little to the north of that?—Yes.

And what is the position of Mullaghmore in that bay? That is the southeasterly point?-Yes.

And all between that is the bay?—Yes.

And you saw across it?—You have a good view across it.

You say she was at St. John's Point in the morning?-In that direction.

Just describe what you observed during the day. On that morning I saw her over there. I did not see any more of the vessel until that afternoon. She then stood over close under our shore.

Did she come close to your shore?—Yes.

The CHIEF BARON. About what time was that?-Between four and five in the evening. The SOLICITOR GENERAL. Were you on duty at that time?—I was.

How near did she come?--I should think she came within about two miles of Streeda [Page of report No. 68.]

Point, and she took them from that and stood away in the direction of Donegal shore again. That night, between nine and ten, she stood over on our shore again.

And was that the last you observed of the vessel?—Yes; that is the last I observed of her.

The CHIEF BARON (to the prisoner.) Can you suggest anything to ask him?—No.

PATRICK BROWNE examined by Sergeant BARRY:

Where do you live?-At Ballinagoulmore, near Helvick.

Do you know Patrick Whelan?-I do.

He does not speak English?-No.

Do you remember, on the 1st of June last, being in his boat?—I do.

Were you fishing?—Yes.

The CHIEF BARON. You were in his boat?-Yes.

Did you ever speak to him in English ?—I did.

Does he speak English?-He could not tell a story, but he would say a word or two. You can speak Irish?—I can.

Sergeant BARRY. How many were in the boat?-Seven altogether.

The CHIEF BARON. What kind of boat was she?-She is a boat of about five or six tons.

Was she half-decked?-No, sir; an open yawl.

Sergeant BARRY. Do you recollect seeing a vessel coming alongside you?—Yes, sir. What hour of the day was that? About what hour?-It was about-we had no watch with us. We used to be puzzled about the hour of the day. It was about six o'clock when we left our own harbor, and we had two reefs going out to the nets, about three miles from Helvick.

The CHIEF BARON. Was it before the middle of the day?-It was past the morning, and it was in the day.

Sergeant BARRY. What kind was the vessel?-She was a brig, sir, with white sails. The CHIEF BARON. Was she a brig or a brigantine?-A brig, I think; but I do not know the difference.

How big was she?-I heard the men say of her that she was up to 300 tons. Sergeant BARRY. When she came alongside, what happened?-We had 20 nets, altogether about 40 fathoms long, and when she came up to us some men who were engaged on board of her asked us had we no fish. We told him no, we had no fish, for the day was very rough.

What happened then?-Whelan told us that he himself would not go with the boat to the vessel for fear the boat would be broken. The man on board asked us what we would charge for landing two men. Patrick Whelan then told Collins to go up to the sheets and say he would land them for £2; Collins was one of our men. The man on

[Page of report No. 69.]

board told us to drop the nets and come alongside, and that he should give us the £2; so we dropped the nets. We had four of them drawn into the boat when he was speaking to us. We dropped the nets there and left them in the sea after us, and went to the vessel; we went alongside. His own boat was level with the sea-a long yawl he had-and he told us to come alongside. We came round the stern, and there was no name on the vessel, and we ran alongside her, and he pulled up his own boat out of the way. He threw down a cable, and one of the men from the vessel jumped down and fastened it. The cable was not made fast until one of the men from the brig jumped down and made it fast to the beam. There was a great rolling in the bay while he was there, and we had to bear against the side of the vessel for fear she should lie down upon the small boat; and I had the helm against my breast, keeping the boat out from the side of the vessel, for fear she would get under the side of the vessel. She was covered up above the water-line, and Whelan was trying to keep her off with a pole. "Run up," says Whelan to me, "and tell him to send down the two men, or else we will go away." I went up then on board and told him to send down the two men, that we would be going away, and they told me it was time enough.

The CHIEF BARON. You were holding on to the vessel when he said that?-I had a hold of her on the left-hand side.

Sergeant BARRY. What were you standing on?-I was on the deck of the brig. When you got on the deck did you see any men?-Four men altogether. I saw the man who spoke to me first there. I came down. Whelan said, "Are they coming down?" "I do not know," says I. I remained a little time in the boat, and upwards of 30 of these men came down and jumped into the boat. "We are all lost now," says Whelan. "We are," says I, "but how can we help it?" The boat took a lurch into lee water, because they came down on one side of the boat. "Get the bucket," says Whelan to me, "and bail out the water as fast as you can." Whelan then told them to come to one side of the boat, and he told them to manage themselves in the boat as well as they could, for fear the boat would be turned. "What will I do now?" says Whelan. "Get them into the coast-guard station," says I, "as fast as you can, and leave them there." So we did. We came in towards the coast-guard station, and they asked Daniel Collins what this house was, and he told them this was the coast-guard station, and they would not go out there.

go

The CHIEF BARON. Who asked what house it was?-Some of the men. What did they say to that?-They said they would not there. Sergeant BARRY. What then?-Whelan then told Collins to ask them would they go up to the town of Dungarvan. Collins asked them, and they said they would not. "Well," says Collins, "there is a patch of strand there, and we might as well beach you there." "That is the place," says one of the men; "let us go there."

[Page of report No. 70.]

What part was that?-About a quarter of a mile from our own port, between Ballinagoul port and Cunnigar house.

Did you pass near the coast-guard station going to that port?-We did, sir.
Did the men say or do anything then?

The CHIEF BARON. They did not go to Ballinagoul port?-No; we landed in three and a half feet water outside Ballinagoul port.

About how far from the port?—About a quarter of a mile.

And how far from the coast-guard station?—It was upwards of a mile.

As you were going along, did you pass the coast-guard station?—Yes.

When passing it, did the men say or do anything?—No, sir.

How were they in the boat?-They were sitting down.

In what water did you beach the boat?-In about three and a half feet of water. When the boat was beached, what became of the men?—They jumped out and went off on the strand. Some of them took off their trowsers, but one man stripped into his skin. Some of them only took off their trowsers. One took off his trowsers and drawers and turned up his shirt.

Did they go away then?-They did, sir.

And you went back again?—Yes; we went out and took up our nets.

The CHIEF BARON. Were you paid the £2?-Yes.

Who got the money?-I got it from a man in the boat.

How much did you get?-£3; and I gave it to Whelan; and they gave 10s. to Whelan on the strand.

Sergeant BARRY. Was the £3 given before you left the vessel, and when they were in the boat?-Just when they were balancing the boat.

The CHIEF BARON (to the prisoner.) Is there anything you would like to ask?
The PRISONER. No.

Sergeant BARRY. Do you know any of the men?—No, sir.

The CHIEF BARON. Describe the way they were sitting when passing the coast-guard station. They were sitting as I am sitting.

Would their bodies be seen above the gunwale?-O, they would be seen. Their heads were up; some of their heads were up.

Did they alter their positions from the time they got into the boat?-They were sitting all the time.

DANIEL COLLINS examined by Mr. LONGFIELD, Q. C. :

Do you remember the 1st of June last being in Whelan's boat?-I do.

Who were in it with you when you went to draw the nets?-Patrick Browne, Whelan, myself, and Dan Collins.

Did you go alongside the brig to take some men off that day?-We did, sir. We dropped our nets first. We had four of them out before the vessel came alongside us. [Page of report No. 71.]

Did a number of men go on board you?-They did.

Did you take them on shore?-We did.

About how many men altogether did you see going into the boat?-Well, I did not count; but a boy counted them. There was about 30.

When they got on board were you in danger of being swamped?-We were in danger from their coming on board. They came down plump together, and brought the water into the boat. We hoisted our sail, and fetched them home.

Did you run in towards Dungarvan harbor?- We came in to our own beach, and when we were coming in they saw a white house; they asked me what house that was, and I told them the coast-guard house.

Was that inside Helvick?—Yes.

And then they told you they would not go ashore there?-Yes; and I asked them Would I take them up to Dungarvan town; they told me not. I then said there was no

place only to beach the boat on the strand, and they told me that was the right place. When passing Helvick Head, were they sitting or standing in the boat?-They were sitting on the nets.

Were they in the bottom of the boat?-There was ballast in the boat, and they could not sit lower than they were sitting.

Did you beach her there?-We beached the boat in three and a half feet of water. Did they all get out of the boat then?-They did.

Look around and tell us can you remember the face of any one in the boat?—No, I do not, only the last one.

Look round and see if you see him?—I do. (The witness here identified the witness Buckley.)

Have you any doubt that that is the man?-No; I am sure he is the man.

They all scattered then?-They all went ashore.

The CHIEF BARON (to the prisoner.) Can you suggest any question to ask this witness?

PRISONER. No, sir; I will only remark that it is peculiar that the only person the man can identify is the so-called informer.

GEORGE JONES examined by Mr. MURPHEY, Q. C.:

On the 1st of June last were you stationed as a coast guard at Helvick?—Yes.
Do you know the man Patrick Whelan?-I do.