"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 pa.s.s 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.

BRYAN DILLON, JOHN LYNCH, AND OTHERS.

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 p.r.o.nouncement of British law upon their several cases. Cork city in these days was known to be one of the _foci_ of 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 the _Nation_, "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 pa.s.sed 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 cla.s.s 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 circ.u.mstances. 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 fought _a la mort_, but the old traditions which linger in spite of every circ.u.mstance 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 pa.s.sed 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 pa.s.sed 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--"

At this point he was interrupted by Judge Keogh, who declared he could not listen to words that were, in fact, a repet.i.tion 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 p.r.o.nounced 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."

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 const.i.tution 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."

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 a.s.serting 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 pa.s.s 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."

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?"

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 const.i.tution 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."

On the conclusion of this trial, on Sat.u.r.day, 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.

CHARLES JOSEPH KICKHAM.

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 the _fiasco_ at 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 amus.e.m.e.nt, when the whole quant.i.ty 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 ent.i.tled "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 doc.u.ment." 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 cla.s.s in Ireland, the _Irish 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:--

"G.o.d of Justice, I sighed, send your Spirit down On 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 hand To drive them at length from out the land."