"I was not wholly unprepared for this verdict, because I felt that the government which could so safely pack the bench could not fail to make sure of its verdict."Mr. Justice Fitzgerald—"We are willing to hear anything in reason from you, but we cannot allow language of that kind to be used."Mr. O'Leary—"My friend Mr. Luby did not wish to touch on this matter from a natural fear lest he should do any harm to the other political prisoners; but there can be but little fear of that now, for a jury has been found to convict me of this conspiracy upon the evidence. Mr. Luby admitted that he was technically guilty according to British law; but I say that it is only by the most torturing interpretation that these men could make out their case against me. With reference to this conspiracy there has been much misapprehension in Ireland, and serious misapprehension. Mr. Justice Keogh said in his charge against Mr. Luby that men would be always found ready for money, or for some other motive, to place themselves at the disposal of the government; but I think the men who have been generally bought in this way, and who certainly made the best of the bargain, were agitators and not rebels. I have to say one word in reference to the foul charge upon which that miserable man, Barry, has made me responsible."Mr. Justice Fitzgerald—"We cannot allow that tone of observation."Mr. O'Leary continued—"That man has charged me—I need not defend myself or my friends from the charge. I shall merely denounce the moral assassin. Mr. Justice Keogh the other day spoke of revolutions, and administered a lecture to Mr. Luby. He spoke of cattle being driven away, and of houses being burned down, that men would be killed, and so on. I would like to know if all that does not apply to war as well as to revolution? One word more, and I shall have done. I have been found guilty of treason or treason-felony. Treason is a foul crime. The poet Dante consigned traitors to, I believe, the ninth circle of hell; but what kind of traitors? Traitors against king, against country, against friends and benefactors. England is not my country; I have betrayed no friend, no benefactor. Sidney and Emmet were legal traitors, Jeffreys was a loyal man, and so was Norbury. I leave the matter there."
"I was not wholly unprepared for this verdict, because I felt that the government which could so safely pack the bench could not fail to make sure of its verdict."
Mr. Justice Fitzgerald—"We are willing to hear anything in reason from you, but we cannot allow language of that kind to be used."
Mr. O'Leary—"My friend Mr. Luby did not wish to touch on this matter from a natural fear lest he should do any harm to the other political prisoners; but there can be but little fear of that now, for a jury has been found to convict me of this conspiracy upon the evidence. Mr. Luby admitted that he was technically guilty according to British law; but I say that it is only by the most torturing interpretation that these men could make out their case against me. With reference to this conspiracy there has been much misapprehension in Ireland, and serious misapprehension. Mr. Justice Keogh said in his charge against Mr. Luby that men would be always found ready for money, or for some other motive, to place themselves at the disposal of the government; but I think the men who have been generally bought in this way, and who certainly made the best of the bargain, were agitators and not rebels. I have to say one word in reference to the foul charge upon which that miserable man, Barry, has made me responsible."
Mr. Justice Fitzgerald—"We cannot allow that tone of observation."
Mr. O'Leary continued—"That man has charged me—I need not defend myself or my friends from the charge. I shall merely denounce the moral assassin. Mr. Justice Keogh the other day spoke of revolutions, and administered a lecture to Mr. Luby. He spoke of cattle being driven away, and of houses being burned down, that men would be killed, and so on. I would like to know if all that does not apply to war as well as to revolution? One word more, and I shall have done. I have been found guilty of treason or treason-felony. Treason is a foul crime. The poet Dante consigned traitors to, I believe, the ninth circle of hell; but what kind of traitors? Traitors against king, against country, against friends and benefactors. England is not my country; I have betrayed no friend, no benefactor. Sidney and Emmet were legal traitors, Jeffreys was a loyal man, and so was Norbury. I leave the matter there."
One hour after the utterance of these words John O'Leary, dressed in convict garb, his hair clipped, and his beard shaved off, was the occupant of a cell in Mountjoy prison, commencing his long term of suffering in expiation of the crime of having sought to obtain self-government for his native land.
In one of the preceding pages we have mentioned the fact that at the Cork Summer Assizes of 1859, a conviction was recorded against Jeremiah O'Donovan (Rossa) for his complicity in the Phoenix conspiracy, and he was then released on the understanding that if he should be found engaging in similar practices, the crown would bring him up for judgment. It is characteristic of the man that with this conviction hanging like a mill-stone about his neck, he did not hesitate to take an active and an open part with the promoters of the Fenian movement. He travelled through various parts of Ireland in furtherance of the objects of the society; he visited America on the same mission, and when theIrish Peoplewas started he took the position of business manager in that foredoomed establishment.
He was brought into the dock immediately after John O'Leary had been taken from it; but on representing that certain documents which he had not then at hand were necessary for his defence, he obtained a postponement of his trial for a few days. When he was again brought up for trial he intimated to the court that he meant to conduct his own defence. And he entered upon it immediately. He cross-examined the informers in fierce fashion, he badgered the detectives, he questioned the police, he debated with the crown lawyers, he argued with the judges, he fought with the crown side all round. But it was when the last of the witnesses had gone off the table that he set to the work in good earnest. He took up the various publications that had been put in evidence against him, and claimed his legal right to read them all through. One of them was the file of theIrish Peoplefor the whole term of its existence! Horror sat upon the faces of judges, jurymen, sheriffs, lawyers, turnkeys, and all, when the prisoner gravely informed them that as a compromise he would not insist upon reading the advertisements! The bench were unable to deny that the prisoner was entitled to read, if not the entire, at any rate a great portion of the volume, and O'Donovan then applied himself to the task, selecting his readings more especially from those articles in which the political career of Mr. Justice Keogh was made the subject of animadversion. Right on he read, his lordship striving to look as composed and indifferent as possible, while every word of the bitter satire and fierce invective written against him by Luby and O'Leary was being launched at his heart. When articles of that class were exhausted, the prisoner turned to the most treasonable and seditious documents he could find, and commenced the reading of them, but the judges interposed; he claimed to be allowed to read a certain article—Judge Keogh objected—he proposed to read another—that was objected to also—he commenced to read another—he was stopped—he tried another—again Judge Keogh was down on him—then another—and he fared no better. So the fight went on throughout the live-long day, till the usual hour of adjournment had come and gone, and the prisoner himself was feeling parched, and weary, and exhausted. Observing that the lights were being now renewed, and that their lordships appeared satisfied to sit out the night, he anxiously inquired if the proceedings were not to be adjourned till morning. "Proceed, sir," was the stern reply of the judge, who knew that the physical powers of the prisoner could not hold out much longer. "A regular Norbury," gasped O'Donovan. "It's like a '98 trial." "You had better proceed, sir, with propriety," exclaimed the judge. "When do you propose stopping, my lord?" again inquired the prisoner. "Proceed, sir," was the reiterated reply. O'Donovan could stand it no longer. He had been reading and speaking for eight hours and a half. With one final protest against the arrangement by which Judge Keogh was sent to try the cases of men who had written and published such articles against him, he sat down, exclaiming that, "English law might now take its course."
Next day the jury handed down their verdict of guilty. The Attorney-General then addressed the court, and referred to the previous conviction against the prisoner. O'Donovan was asked, what he had to say in reference to that part of the case? and his reply was that "the government might add as much as they pleased to the term of his sentence on that account, if it was any satisfaction to them." And when the like question was put to him regarding the present charge, he said:—
"With the fact that the government seized papers connected with my defence and examined them—with the fact that they packed the jury—with the fact that the government stated they would convict—with the fact that they sent Judge Keogh, a second Morbury, to try me—with these facts before me, it would be useless to say anything."
"With the fact that the government seized papers connected with my defence and examined them—with the fact that they packed the jury—with the fact that the government stated they would convict—with the fact that they sent Judge Keogh, a second Morbury, to try me—with these facts before me, it would be useless to say anything."
Judge Keogh proceeded to pass sentence. "The prisoner," he said, "had entertained those criminal designs since the year 1859;" whereupon O'Donovan broke in with the remark that he was "an Irishman since he was born." The judge said, "he would not waste words by trying to bring him to a sense of his guilt;" O'Donovan's reply was—"It would be useless for you to try it." The judge told him his sentence was, that he be kept in penal servitude for the term of his natural life. "All right, my lord," exclaimed the unconquerable rebel, and with a smile to the sympathising group around him, he walked with a light step from the dock.
The court was then adjourned to the 5th of January. 1866; and next day the judges set off for Cork city, to dispose of the Fenian prisoners there awaiting trial.
On Wednesday, December 16th, the trial of O'Donovan (Rossa) was brought to a conclusion in Dublin. Next morning, away went judges, crown lawyers, spies, detectives, and informers for the good city of Cork, where another batch of men accused of conspiring against British rule in Ireland—"the old crime of their race"—were awaiting the pronouncement of British law upon their several cases. Cork city in these days was known to be one of thefociof disaffection; perhaps it was its chief stronghold. The Metropolis may have given an absolutely larger number of members to the Fenian organization, but in proportion to the number of its population the Southern city was far more deeply involved in the movement. In Dublin, the seat of British rule in Ireland, many influences which are but faintly represented in other parts of the country, are present and active to repress the national ardour of the people. Those influences are scarcely felt in the city of Saint Finbar. Not in Ireland is there a town in which the national sentiment is stronger or more widely diffused than in Cork. The citizens are a warm-hearted, quick-witted and high-spirited race, gifted with fine moral qualities, and profoundly attached to the national faith in religion and politics. Merchants, traders, professional men, shopkeepers, artizans, and all, are comparatively free from the spells of Dublin Castle, and the result is visible in their conduct. The crown looks dubiously and anxiously upon a Cork jury; the patriot, when any work for Ireland is in hand, looks hopefully to the Cork people. The leaders of the Fenian movement thoroughly understood these facts, and devoted much of their time and attention to the propagation of their society among men so well inclined to welcome it. Their labours, if labours they could be called, were rewarded with a great measure of success. The young men of Cork turned into the organization by hundreds. There was no denying the fact; every one knew it; evidences of it were to be seen on all sides. The hope that was filling their hearts revealed itself in a thousand ways: in their marchings, their meetings, their songs, their music. The loyal party in the neighbourhood grew alarmed, and the government shared their apprehensions. At the time of which we write, the opinion of the local magistracy and that of the authorities at Dublin Castle was that Cork was a full-charged mine of "treason."
Thither was the Commission now sped, to carry terror, if the "strong arm of the law" could do it, into the hearts of those conspirators "against the royal name, style, and dignity" of her Majesty Queen Victoria. As no one in the Castle could say to what desperate expedients those people might have recourse, it was thought advisable to take extraordinary precautions to ensure the safety of the train which carried those important personages, her Majesty's judges, lawyers, witnesses and informers, through the Munster counties and on to the city by the Lee. "Never before" writes the special correspondent of theNation, "had such a sight been witnessed on an Irish railway as that presented on Thursday along the line between Dublin and Cork. Armed sentries paced each mile of the railway; the platforms of the various stations through which the trains passed were lined with bodies of constabulary, and the bridges and viaducts on the way were guarded by a force of military, whose crimson coats and bright accoutrements stood out in bold relief from the dark ground on which they were stationed, against the grey December sky. As a further measure of precaution a pilot engine steamed in advance of the train in which their lordships sat, one carriage of which was filled with armed police. And so, in some such manner as Grant or Sheridan might have journeyed along the Petersburgh and Lynchburg railway while the flag of the Confederacy floated in Richmond, the two judges travelled down in safety to the head-quarters of Fenianism in Munster."
Immediately on their arrival in Cork, the judges proceeded to the court-house and formally opened the business of the Commission. Next day Charles Underwood O'Connell and John M'Afferty were placed in the dock. These two men belonged to a class which formed the hope of the Fenian organization, and which the government regarded as one of the most dangerous elements of the conspiracy. They were Irish-American soldiers, trained to war, and inured to the hardships of campaigning in the great struggle which had but recently closed in America. They were a sample of the thousands of Irishmen who had acquired in that practical school the military knowledge which they knew was needed for the efficient direction of an insurrectionary movement in Ireland, and, who were now burning for the time and opportunity to turn that knowledge to account. It was known that many of these men were, as quietly and secretly as might be, dropping into Queenstown as steamer after steamer arrived from the Land of the West, and were moving about through the Southern counties, inspiriting the hearts of the Brotherhood by their presence and their promises, and imparting to them as much military instruction as was possible under the circumstances. To hunt down these "foreign emissaries" as the crown lawyers and the loyal prints were pleased to call them, and to deter others from following in their footsteps, was naturally a great object with the government, and when they placed Charles Underwood O'Connell and John M'Afferty in the dock they felt they had made a good beginning. And these were representative men in their way. "It was a strange fate," says the writer from whom we have already quoted, "which had brought these men together in a felon's dock. They had been born in different lands—they had been reared thousands of miles apart—and they had fought and won distinction under different flags, and on opposing sides in the American war. M'Afferty, born of Irish parents in Ohio, won his spurs in the Confederate army. O'Connell, who emigrated from Cork little more than two years ago, after the ruin of his family by a cruel act of confiscation and eviction, fought under the Stars and Stripes, and, like M'Afferty, obtained a captain's commission as the reward of his services. Had they crossed each others path two years ago they would probably have foughta la mort, but the old traditions which linger in spite of every circumstance in the hearts of Irishmen were strong in both, and the cause of Ireland united them, only alas, that they might each of them pay the cost of their honest, if imprudent enthusiasm, by sharing the same prison in Ireland, and falling within the grasp of the government which they looked on as the oppressor of their fatherland."
M'Afferty however was not fated to suffer on that occasion. Proof of his foreign birth having been adduced, the court held that his arrest on board the steamer in Queenstown harbour, when he had committed no overt act evidencing a treasonable intent, was illegal, and his trial was abandoned. The trial of Underwood O'Connell was then postponed for a few days, and two men reputed to be "centres" of the organization in Cork, were brought to the bar.
They were Bryan Dillon and John Lynch. Physically, they presented a contrast to the firm-built and wiry soldiers who had just quitted the dock. Dillon was afflicted with curvature of the spine, the result of an accident in early life, and his companion was far gone in that blighting and fatal disease, consumption. But though they were not men for the toils of campaigning, for the mountain march, and the bivouac, and the thundering charge of battle, they had hearts full of enthusiasm for the cause in which they were engaged, and heads that could think, and plot, and plan, for its advancement.
We need not here go through the sad details of their trials. Our purpose is to bring before our readers the courage and the constancy of the martyrs to the cause of Irish nationality, and to record the words in which they gave expression to the patriotic sentiments that inspired them. It is, however, to be recollected that many of the accused at these commissions—men as earnest, as honest, and as devoted to the cause of their country as any that ever lived—made no such addresses from the dock as we can include in this volume. All men are not orators, and it will often occur that one who has been tried for life and liberty in a British court of law, on the evidence of spies and informers, will have much to press upon his mind, and many things more directly relevant to the trial than any profession of political faith would be, to say when called upon to show reason why sentence should not be passed upon him. The evidence adduced in these cases is usually a compound of truth and falsehood. Some of the untruths sworn to are simply blunders, resulting from the confused impressions and the defective memory of the witnesses, others are deliberate inventions, made, sworn to, backed up, and persevered in for the purpose of insuring a successful result for the prosecution. Naturally the first impulse of the accused, when he is allowed to speak for himself, is to refer to these murderous falsehoods; and in the excitement and trouble of those critical moments, it is all that some men can venture to do. Such criticisms of the prosecution are often valuable to the prisoner from a moral point of view, but rarely have they any influence upon the result of the trial. All things considered, it must be allowed that they act best who do not forget to speak the words of patriotism, according to the measure of their abilities, before the judge's fiat has sealed their lips, and the hand of British law has swept them away to the dungeon or the scaffold.
"Guilty" was the verdict returned by the jury against Bryan Dillon and John Lynch. The evidence against them indeed was strong, but its chief strength lay in the swearing of an approver named Warner, a callous and unscrupulous wretch, from whose mind the idea of conscience seemed to have perished utterly. If there was any check upon the testimony of this depraved creature, it existed only in some prudential instinct, suggesting to him that even in such cases as these a witness might possibly overdo his work, and perhaps in a caution or two given him in a private and confidential manner by some of the managers of the prosecution. Warner's evidence in this case was conclusive to the minds of all who chose to believe it; and therefore it was that those prisoners had not long been occupants of the dock when the question was put to them what they had to say why sentence should not be passed on them. In reply Bryan Dillon said:—
"My lords, I never was for one minute in Warner's company. What Warner swore about me was totally untrue. I never was at a meeting at Geary's house. The existence of the Fenian organization has been proved sufficiently to your lordships. I was a centre in that organization; but it does not follow that I had to take the chair at any meeting, as it was a military organization. I do not want to conceal anything. Warner had no connexion with me whatever. With respect to the observation of the Attorney-General, which pained me very much, that it was intended to seize property, it does not follow because of my social station that I intended to seize the property of others. My belief in the ultimate independence of Ireland is as fixed as my religious belief—"
"My lords, I never was for one minute in Warner's company. What Warner swore about me was totally untrue. I never was at a meeting at Geary's house. The existence of the Fenian organization has been proved sufficiently to your lordships. I was a centre in that organization; but it does not follow that I had to take the chair at any meeting, as it was a military organization. I do not want to conceal anything. Warner had no connexion with me whatever. With respect to the observation of the Attorney-General, which pained me very much, that it was intended to seize property, it does not follow because of my social station that I intended to seize the property of others. My belief in the ultimate independence of Ireland is as fixed as my religious belief—"
At this point he was interrupted by Judge Keogh, who declared he could not listen to words that were, in fact, a repetition of the prisoner's offence. But it was only words of this kind that Bryan Dillon cared to say at the time; and as the privilege of offering some remarks in defence of his political opinions—a privilege accorded to all prisoners in trials for treason and treason-felony up to that time—had been denied to him, he chose to say no more. And then the judge pronounced the penalty of his offending, which was, penal servitude for a term of ten years.
John Lynch's turn to speak came next. Interrogated in the usual form, he stood forward, raised his feeble frame to its full height, and with a proud, grave smile upon his pallid features, he thus addressed the court:—
"I will say a very few words, my lords. I know it would be only a waste of public time if I entered into any explanations of my political opinions—opinions which I know are shared by the vast majority of my fellow-countrymen. Standing here as I do will be to them the surest proof of my sincerity and honesty. With reference to the statement of Warner, all I have to say is, and I say it honestly and solemnly, that I never attended a meeting at Geary's, that I never exercised with a rifle there, that I never learned the use of the rifle, nor did any of the other things he swore to. With respect to my opinions on British rule in this country—"Mr. Justice Keogh—"We can't hear that."The Prisoner—"All I have to say is, that I was not at Geary's house for four or five months before my arrest, so that Warner's statement is untrue. If, having served my country honestly and sincerely be treason, I am not ashamed of it. I am now prepared to receive any punishment British law can inflict on me."
"I will say a very few words, my lords. I know it would be only a waste of public time if I entered into any explanations of my political opinions—opinions which I know are shared by the vast majority of my fellow-countrymen. Standing here as I do will be to them the surest proof of my sincerity and honesty. With reference to the statement of Warner, all I have to say is, and I say it honestly and solemnly, that I never attended a meeting at Geary's, that I never exercised with a rifle there, that I never learned the use of the rifle, nor did any of the other things he swore to. With respect to my opinions on British rule in this country—"
Mr. Justice Keogh—"We can't hear that."
The Prisoner—"All I have to say is, that I was not at Geary's house for four or five months before my arrest, so that Warner's statement is untrue. If, having served my country honestly and sincerely be treason, I am not ashamed of it. I am now prepared to receive any punishment British law can inflict on me."
The punishment decreed to this pure-minded and brave-spirited patriot was ten years of penal servitude. But to him it was practically a sentence of death. The rigours and horrors of prison life were more than his failing constitution could long endure; and but a few months from the date of his conviction elapsed when his countrymen were pained by the intelligence that the faithful-hearted John Lynch filled a nameless grave in an English prison-yard. He died in the hospital of Woking prison on the 2nd day of June, 1866.
When Bryan Dillon and John Lynch were removed from the dock (Tuesday, December 19th), two men named Jeremiah Donovan and John Duggan were put forward, the former charged with having been a centre in the Fenian organization, and the latter with having sworn some soldiers into the society. Both were found guilty. Donovan made no remarks when called upon for what he had to say. Duggan contradicted the evidence of the witnesses on several points, and said:—
"I do not state those things in order to change the sentence I am about to receive. I know your lordships' minds are made up on that. I state this merely to show what kind of tools the British government employ to procure those convictions. I have only to say, and I appeal to any intelligent man for his opinion, that the manner in which the jury list was made out for these trials clearly shows that in this country political trials are a mere mockery."
"I do not state those things in order to change the sentence I am about to receive. I know your lordships' minds are made up on that. I state this merely to show what kind of tools the British government employ to procure those convictions. I have only to say, and I appeal to any intelligent man for his opinion, that the manner in which the jury list was made out for these trials clearly shows that in this country political trials are a mere mockery."
At this point the judge cut short the prisoner's address, and the two men were sentenced, Donovan to five years and Duggan to ten years of penal servitude.
The trial of Underwood O'Connell was then proceeded with. It concluded on December 21st, with a verdict of guilty. In response to the question which was then addressed to him he spoke at considerable length, detailing the manner of his arrest, complaining of the horrible indignities to which he had been subjected in prison, and asserting that he had not received a fair and impartial trial. He spoke amidst a running fire of interruptions from the court, and when he came to refer to his political opinions his discourse was peremptorily suppressed. "The sentiments and hopes that animate me," he said, "are well known." "Really we will not hear those observations," interposed Mr. Justice Keogh. "It has been brought forward here," said the prisoner, "that I held a commission in the 99th regiment—in Colonel O'Mahony's regiment. Proud as I am of having held a commission in the United States service, I am equally proud of holding command under a man—." Here his speech was stopped by the judges, and Mr. Justice Keogh proceeded to pass sentence. In the course of his address his lordship made the following observations:—
"You, it appears, went to America; you entered yourself in the American army, thus violating, to a certain extent, your allegiance as a British subject. But that is not the offence you are charged with here to-day. You say you swore allegiance to the American Republic, but no man by so doing can relieve himself from his allegiance to the British Crown. From the moment a man is born in this country he owes allegiance, he is a subject."
"You, it appears, went to America; you entered yourself in the American army, thus violating, to a certain extent, your allegiance as a British subject. But that is not the offence you are charged with here to-day. You say you swore allegiance to the American Republic, but no man by so doing can relieve himself from his allegiance to the British Crown. From the moment a man is born in this country he owes allegiance, he is a subject."
Hearing these words, and remembering the great outcry that was being made by the friends of the government against the Irish-American Fenians on the ground that they were "foreigners," the prisoner interposed the apt remark on his lordship's legal theory:—
"If that is so, why am I charged with bringing over foreigners—John O'Mahony is no foreigner?"
"If that is so, why am I charged with bringing over foreigners—John O'Mahony is no foreigner?"
To that remark Judge Keogh did not choose to make any reply. It overturned him completely. Nothing could better exhibit the absurdity of railing against those Irishmen as "foreigners" in one breath, and in the next declaring their allegiance to the British Crown perpetual and inalienable. His lordship may have winced as the point was so quickly and neatly brought home to him; but at all events he went on with his address and informed the prisoner that his punishment was to be ten years of penal servitude. Upon which, the comment of the prisoner as he quitted the dock, was that he hoped there would be an exchange of prisoners before that time.
In quick succession four men named Casey, Began, Hayes, and Barry, were tried, convicted, and sentenced. Each in turn impugned the evidence of the informer Warner, protested against the constitution of the juries, and attempted to say a few words declaratory of their devotion to the cause of Ireland. But the judges were quick to suppress every attempt of this kind, and only a few fragments of sentences are on record to indicate the thoughts to which these soldiers of liberty would have given expression if the opportunity had not been denied to them.
John Kennealy was the next occupant of the dock. He was a young man of high personal character, and of great intelligence, and was a most useful member of the organization, his calling—that of commercial traveller—enabling him to act as agent and missionary of the Society without attracting to himself the suspicion which would be aroused by the movements of other men. In his case also the verdict was given in the one fatal word. And when asked what he had to say for himself, his reply was in these few forcible and dignified sentences:—
"My lord, it is scarcely necessary for me to say anything. I am sure from the charge of your lordship, the jury could find no other verdict than has been found. The verdict against me has been found by the means by which political convictions have always been found in this country. As to the informer, Warner, I have only to say that directly or indirectly I never was in the same room with him, nor had he any means of knowing my political opinions. As to my connexion with Mr. Luby, I am proud of that connexion. I neither regret it, nor anything else I have done, politically or otherwise."
"My lord, it is scarcely necessary for me to say anything. I am sure from the charge of your lordship, the jury could find no other verdict than has been found. The verdict against me has been found by the means by which political convictions have always been found in this country. As to the informer, Warner, I have only to say that directly or indirectly I never was in the same room with him, nor had he any means of knowing my political opinions. As to my connexion with Mr. Luby, I am proud of that connexion. I neither regret it, nor anything else I have done, politically or otherwise."
On the conclusion of this trial, on Saturday, January 2nd, 1866, two other cases were postponed without option of bail; some other persons were allowed to stand out on sureties, and we read that "John McAfferty and William Mackay, being aliens, were admitted to bail on their own recognizance, and Judge Keogh said that if they left the country they would not be required up for trial when called." We read also, in the newspapers of that time, that "The prisoners McAfferty and Mackay when leaving the courts were followed by large crowds who cheered them loudly through the streets."
The Cork Commission was then formally closed, and next day the judges set off to resume in Dublin the work of trying Irish conspirators against the rule of England over their native land.
In the year 1825, in the village of Mullinahone, County. Tipperary, Charles J. Kickham first saw the light. His father, John Kickham, was proprietor of the chief drapery establishment in that place, and was held in high esteem by the whole country round about for his integrity, intelligence, and patriotic spirit. During the boyhood of young Kickham the Repeal agitation was at its height, and he soon became thoroughly versed in its arguments, and inspired by its principles, which he often heard discussed in his father's shop and by his hearth, and amongst all his friends and acquaintances. Like all the young people of the time, and a great many of the old ones, his sympathies went with the Young Ireland party at the time of their withdrawal from the Repeal ranks. In 1848 he was the leading spirit of the Confederation Club at Mullinahone, which he was mainly instrumental in founding; and after thefiascoat Ballingarry he was obliged to conceal himself for some time, in consequence of the part he had taken in rousing the people of his native village to action. When the excitement of that period had subsided, he again appeared in his father's house, resumed his accustomed sports of fishing and fowling, and devoted much of his time to literary pursuits, for which he had great natural capacity, and towards which he was all the more inclined because of the blight put upon his social powers by an unfortunate accident which occurred to him when about the age of thirteen years. He had brought a flask of powder near the fire, and was engaged either in the operation of drying it or casting some grains into the coals for amusement, when the whole quantity exploded. The shock and the injuries he sustained nearly proved fatal to him; when he recovered, it was with his hearing nearly quite destroyed, and his sight permanently impaired. But Kickham had the poet's soul within him, and it was his compensation for the losses he had sustained. He could still hold communion with nature and with his own mind, and could give to the national cause the service of a bold heart and a finely-cultivated intellect. Subsequent to the decadence of the '48 movement he wrote a good deal in prose and verse, and contributed gratuitously to various national publications. His intimate acquaintance with the character and habits of the peasantry gave a great charm to his stories and sketches of rural life; and his poems were always marked by grace, simplicity, and tenderness. Many of them have attained a large degree of popularity amongst his countrymen in Ireland and elsewhere, and taken a permanent place in the poetic literature of the Irish race. Amongst these, his ballads entitled "Patrick Sheehan," "Rory of the Hill," and "The Irish Peasant Girl" are deserving of special mention. To these remarks it remains to be added that as regards personal character, Charles J. Kickham was one of the most amiable of men. He was generous and kindly by nature, and was a pious member of the Catholic Church, to which his family had given priests and nuns.
Such was the man whom the myrmidons of the law placed in the dock of Green-street court-house, when on January 5th, 1866, after the return of the judges from Cork, the Commission was re-opened in Dublin. His appearance was somewhat peculiar. He was a tall, strong, rough-bearded man, with that strained expression of face which is often worn by people of dim sight. Around his neck he wore an india-rubber tube, or ear trumpet, through which any words that were necessary to be addressed to him were shouted into his ear by some of his friends, or by his solicitor. His trial did not occupy much time, for on the refusal of the crown lawyers and judges to produce the convict Thomas Clarke Luby, whom he conceived to be a material witness for his defence, he directed his lawyers to abandon the case, and contented himself with reading to the court some remarks on the evidence which had been offered against him. The chief feature in this address was his denial of all knowledge of the "executive document." He had never seen or heard of it until it turned up in connexion with those trials. Referring to one of the articles with the authorship of which he was charged, he said he wondered how any Irishman, taking into consideration what had occurred in Ireland during the last eighty-four years, could hesitate to say to the enemy—"Give us our country to ourselves and let us see what we can do with it." Alluding to a report that the government contemplated making some concession to the claims of the Catholic bishops, he remarked that concessions to Ireland had always been a result of Fenianism in one shape or another, and that he believed the present manifestation of the national spirit would have weight, as former ones had, with the rulers of the country. As regards the landed class in Ireland, theIrish People, he contended, had said nothing more than was said by Thomas Davis, whose works every one admired. That eminent Irishman, afflicted and stung to the heart by witnessing the system of depopulation which was going on throughout the country, had written these words:—
"God of Justice, I sighed, send your Spirit downOn those lords so cruel and proud,And soften their hearts, and relax their frown,Or else, I cried aloud,Vouchsafe Thy strength to the peasant's handTo drive them at length from out the land."
"God of Justice, I sighed, send your Spirit downOn those lords so cruel and proud,And soften their hearts, and relax their frown,Or else, I cried aloud,Vouchsafe Thy strength to the peasant's handTo drive them at length from out the land."
He had not gone farther than the writer of these lines, and now, he said, they might send him to a felon's doom if they liked.
And they did send him to it. Judge Keogh, before passing sentence, asked him if he had any further remarks to make in reference to his case. Mr. Kickham briefly replied:—
"I believe, my lords, I have said enough already. I will only add that I am convicted for doing nothing but my duty. I have endeavoured to serve Ireland, and now I am prepared to suffer for Ireland."
"I believe, my lords, I have said enough already. I will only add that I am convicted for doing nothing but my duty. I have endeavoured to serve Ireland, and now I am prepared to suffer for Ireland."
Then the judge, with many expressions of sympathy for the prisoner, and many compliments in reference to his intellectual attainments, sentenced him to kept in penal servitude for fourteen years. His solicitor, Mr. John Lawless, announced the fact to him through his ear trumpet. Charles J. Kickham bowed to the judges, and with an expression of perfect tranquility on his features, went into captivity.
GENERAL THOMAS F. BURKE.
The year of grace, 1867, dawned upon a cloudy and troublous period in Irish politics. There was danger brewing throughout the land; under the crust of society the long confined lava of Fenianism effervesced and glowed. There were strange rumours in the air; strange sounds were heard at the death of night on the hill-sides and in the meadows; and through the dim moonlight masses of men were seen in secluded spots moving in regular bodies and practising military evolutions. From castle and mansion and country seat the spectre of alarm glided to and fro, whispering with bloodless lips of coming convulsions and slaughter, of the opening of the crater of revolution, and of a war against property and class. Symptoms of danger were everywhere seen and felt; the spirit of disaffection had not been crushed; it rode on the night wind and glistened against the rising sun; it filled rath and fort and crumbling ruin with mysterious sounds; it was seen in the brightening eyes and the bold demeanour of the peasantry; in the signals passing amongst the people; in their secret gatherings and closely guarded conclaves. For years and years Fenianism had been threatening, boasting, and promising, and now the fury of the storm, long pent-up, was about to burst forth over the land—the hour for action was at hand.
Between the conviction of Luby, O'Leary, and Kickham, and the period at which we are now arrived, many changes of importance had taken place in the Fenian organization. In America, the society had been revolutionized—it had found new leaders, new principles, new plans of action; it had passed through the ordeal of war, and held its ground amidst flashing swords and the smoke of battle; it had survived the shocks of division, disappointment, and failure; treachery, incapacity and open hostility had failed to shatter it; and it grew apace in strength, influence, and resources. At home Fenianism, while losing little in numerical strength, had declined in effectiveness, in prestige, in discipline, and in organization. Its leaders had been swept into the prisons, and though men perhaps as resolute stepped forward to fill the vacant places, there was a loss in point of capacity and intelligence, and to the keen observer it became apparent that the Fenian Society in Ireland had attained to the zenith of its power on the day that theIrish Peopleoffice was sacked by the police. Never again did the prospects of Fenianism, whatever they might then have been, look equally bright; and when the brotherhood at length sprang to action, they fought with a sword already broken to the hilt, and under circumstances the most ominous and inauspicious.
The recent history of the Fenian movement is so thoroughly understood that anything like a detailed account of its changes and progress is, in these pages, unnecessary. We shall only say that when James Stephens arrived in America in May, 1866, after escaping from Richmond Prison, he found the society in the States split up into two opposing parties between whom a violent quarrel was raging. John O'Mahony had been deposed from his position of "Head Centre" by an all but unanimous vote of the Senate, or governing body of the association, who charged him and his officials with a reckless and corrupt expenditure of the society's funds, and these in turn charged the Senate party with the crime of breaking up the organization for mere personal and party purposes. A large section of the society still adhered to O'Mahony, in consideration of his past services in their cause; but the greater portion of it, and nearly all its oldest, best-known and most trusted leaders gave their allegiance to the Senate and to its elected President, William R. Roberts, an Irish merchant of large means, of talent and energy, of high character and unquestionable devotion to the cause of his country. Many friends of the brotherhood hoped that James Stephens would seek to heal the breach between these parties, but the course he took was not calculated to effect that purpose. He denounced the "senators" in the most extravagant terms, and invited both branches of the organization to unite under himself as supreme and irresponsible leader and governor of the entire movement. The O'Mahony section did not answer very heartily to this invitation; the Senate party indignantly rejected it, and commenced to occupy themselves with preparations for an immediate grapple with British power in Canada. Those men were thoroughly in earnest, and the fact became plain to every intelligence, when in the latter part of May, 1866, the Fenian contingents from the various States of the Union began to concentrate on the Canadian border. On the morning of the 1st of June some hundreds of them crossed the Niagara river, and took possession of the village of Fort Erie on the Canadian side. They were soon confronted with detachments of the volunteer force which had been collected to resist the invasion, and at Limestone Ridge they were met by the "Queen's Own" regiment of volunteers from Toronto, under the command of Colonel Booker. A smart battle ensued, the result of which was that the "Queen's Own" were utterly routed by the Irish under Colonel John O'Neill, and forced to run in wild confusion for a town some miles distant, Colonel Booker on his charger leading the way and distancing all competitors. Had the Irish been allowed to follow up this victory it is not unlikely that they would have swept Canada clear of the British forces, and then, according to their programme, made that country their base of operations against British power in Ireland. But the American government interfered and put an effectual stopper on their progress; they seized the arms of the Irish soldiers on the frontier, they sent up large parties of the States soldiery to prevent the crossing of hostile parties into British territory, and stationed war-vessels in the river for the same purpose. Reinforcements being thus cut off from them, the victors of Limestone Ridge found themselves under the necessity of re-crossing the river to the American shore, which they did on the night of the 2nd of June, bringing with them the flags and other trophies which they had captured from the royal troops.
The first brush between the Fenian forces and the Queen's troops inspired the former with high hopes, and with great confidence in their capacity to humble "the English red below the Irish green," if only they could start on any thing like fair terms. But now that the American government had forbidden the fight in Canada, what was to be done? James Stephens answered that question. He would have a fight in Ireland—the right place, he contended, in which to fightforIreland. The home organization was subject to his control and would spring to arms at his bidding. He would not only bid them fight, but would lead them to battle, and that at no distant day. The few remaining months of 1866 would not pass away without witnessing the commencement of the struggle. So he said, and so he swore in the most solemn manner at various public meetings which he had called for the purpose of obtaining funds wherewith to carry on the conflict. The prudence of thus publishing the date which he had fixed for the outbreak of the insurrection was very generally questioned, but however great might be his error in this respect, many believed that he would endeavour to make good his words. The British government believed it, and prepared for the threatened rising by hurrying troops and munitions of war across to Ireland, and putting the various forts and barracks in a state of thorough defence. As the last days and nights of 1866 wore away, both the government and the people expected every moment to hear the first crash of the struggle. But it came not. The year 3867 came in and still all was quiet. What had become of James Stephens? The astonished and irate Fenians of New York investigated the matter, and found that he was peacefully and very privately living at lodgings in some part of that city, afraid to face the wrath of the men whom he had so egregiously deceived. We need not describe the outburst of rage and indignation which followed on the discovery; suffice it to say that the once popular and powerful Fenian leader soon found it prudent to quit the United States and take up his abode in a part of the world where there were no Fenian circles and no settlements of the swarming Irish race.
Amongst the men who had rallied round James Stephens in America there were many whose honesty was untainted, and who had responded to his call with the full intention of committing themselves, without regard to consequences, to the struggle which he promised to initiate. They believed his representations respecting the prospects of an insurrection in Ireland, and they pledged themselves to fight by his side and perish, if necessary, in the good old cause, in defence of which their fathers had bled. They scorned to violate their engagements; they spurned the idea of shrinking from the difficulty they had pledged themselves to face, and resolved that come what may the reproach of cowardice and bad faith should never be uttered against them. Accordingly, in January, '67, they began to fend in scattered parties at Queenstown, and spread themselves through the country, taking every precaution to escape the suspicion of the police. They set to work diligently and energetically to organize an insurrectionary outbreak; they found innumerable difficulties in their path; they found the people almost wholly unarmed; they found the wisest of the Fenian leaders opposed to an immediate outbreak, but still they persevered. How ably they performed their work there is plenty of evidence to show, and if the Irish outbreak of '67 was short-lived and easily suppressed, it was far from contemptible in the pre-concert and organization which it evidenced.
One hitch did occur in the accomplishment of their designs. On Wednesday, February 13th, the exciting news was flashed throughout the land that the Fenians had broken into insurrection at Kerry. The news was true. The night of the 12th of February had been fixed for a simultaneous rising of the Fenians in Ireland; but the outbreak had been subsequently postponed, and emissaries were despatched to all parts of the country with the intelligence of the change of date. The change of date was everywhere learned in time to prevent premature action except at Cahirciveen, in the west of Kerry, where the members of the Brotherhood, acting upon the orders received, unearthed their arms, and gaily proceeded towards Killarney to form a junction with the insurgents whom they imagined had converged from various parts of the county in that town. Before many hours had elapsed they discovered their mistake—they heard before arriving at Killarney that they were the only representatives of the Irish Republic that had appeared in the field, and turning to the mountains they broke up and disappeared.
Short-lived as was their escapade, it filled the heart of England with alarm. In hot haste theHabeas CorpusSuspension Act, which had been permitted to lapse a month before, was re-enacted; the arrests and police raids was renewed, and from the Giant's Causeway to Cape Clear the gaols were filled with political prisoners. Still the Irish-Americans worked on; some of them were swept off to prison, but the greater number of them managed to escape detection, and spite of the vigilance of the authorities, and the extraordinary power possessed by the government and its officials, they managed to carry on the business of the organization, to mature their plans, and to perfect their arrangements for the fray.
We do not propose to write here a detailed account of the last of the outbreaks which, since the Anglo-Norman invasion, have periodically convulsed our country. The time is not yet come when the whole history of that extraordinary movement can be revealed, and such of its facts, as are now available for publication, are fresh in the minds of our readers. On the night of the 5th of March, the Fenian bands took the field in Dublin, Louth, Tipperary, Cork, Waterford, Limerick, and Clare. They were, in all cases, wretchedly armed, their plans had been betrayed by unprincipled associates, and ruin tracked their venture from the outset. They were everywhere confronted by well-armed, disciplined men, and their reckless courage could not pluck success for the maze of adverse circumstances that surrounded them. The elements, too, befriended England as they had often done before. Hardly had the insurgents left their homes when the clear March weather gave place to the hail and snow of mid-winter. The howling storm, edged by the frost and hail, swept over mountain and valley, rendering life in the open air all but impossible to man. The weather in itself would have been sufficient to dispose of the Fenian insurgents. Jaded and exhausted they returned to their homes, and twenty-four hours after the flag of revolt had been unfurled the Fenian insurrection was at an end.
Amongst the Irish officers who left America to share in the expected battle for Irish rights, a conspicuous place must be assigned Thomas F. Burke. He was born at Fethard, county Tipperary, on the 10th of December, 1840, and twelve years later sailed away towards the setting sun, his parents having resolved on seeking a home in the far West. In New York, young Burke attended the seminary established by the late Archbishop Hughes, where he received an excellent education, after which he was brought up to his father's trade—that of house painter. For many years he worked steadily at his trade, contributing largely to the support of his family. The outbreak of the war, however, acted in the same manner on Burke's temperament as on thousands of his fellow-countrymen. He threw aside his peaceful avocation and joined the Confederate army. He served under General Patrick Cleburne, who died in his arms, and he fought side by side with the son of another distinguished exile, John Mitchel. When the war had closed, he returned a Brevet-General, northwards, with a shattered limb and an impaired constitution. In June, 1865, he joined the Wolfe Tone Circle of the Fenian Brotherhood in New York, and was appointed soon afterwards to act as organizer in the Brotherhood for the district of Manhattan. He filled this post with great satisfaction to his associates, and continued to labour energetically in this capacity until his departure for Ireland, at the close of 1866.
Tipperary was assigned to Burke as the scene of his revolutionary labours in Ireland. He arrived in Clonmel early in February, where he was arrested on suspicion, but was immediately discharged—his worn appearance and physical infirmity giving strong corroboration of his assertion, that he had come to Ireland for the benefit of his health. On the night of the insurrection he placed himself at the head of the Fenian party that assembled in the neighbourhood of Tipperary, but he quickly saw the folly of attempting a revolution with the scanty band of unarmed men that rallied round him. On the evening of the 6th his followers were attacked by a detachment of soldiers at Ballyhurst Fort, about three miles from Tipperary; Burke saw the uselessness of resistance, and advised his followers to disperse—an injunction which they appear to have obeyed. Burke himself was thrown from his horse and captured. He was conveyed to the jail of Tipperary, and was brought to trial in the Greenstreet court-house, in Dublin, on the 24th of April following. He was convicted of high treason, and sentenced to death in the usual form. The following speech delivered by him after conviction is well worthy of a place in the Irish heart:—