The Sun.
London, England, 1863-12-30 00:00:00

Breach of the Foreign Enlistment Act.

The late enlistment of men at Queenstown to serve on
beard the United States sloop of war Kearsage has, after
many secret investigations, resulted in the prosecution of 6
of the men who so enlisted. They were brought up on
warrant before Mr. J. L. Cronin R.M., at the Queenstown
Petty Sessions Court on Wednesday, the warrants having
been founded on sworn depositions, which will be found
below. The defendants, all of whom resided in the harbour,
and were of the 15 who were again disembarked by the
Kearsage at Queenstown on the 14th inst., are named John
Sullivan, Edward Pyburn, Thomas Murphy, Denis Leary,
Daniel O'Connell, and John Murphy. They appeared in
uniform
of the United States Nuaadveyr.
the
oreignEnlistment
Act. Eh e were formally
charged

to prosecute on
Mr. Sylvester Gillman,Crown solicitor,and Mr.P. 0' Con-
l.
Mr. Cronin—As:it is the first case of the class that has
lsessional Cttroorwnney. prosecutor,Gen era appeared
nell,bbeehena tried in this country for many years, it is right for me
to say that the men who swore these informations were
compelled in the usual way to come before me and swear
them.
Patrick Kennedy, a boatman, residing at Queenstown,
was then called forward and hie information read to win. It
was in substance as follows :—On Tuesday, the 3d day of
November last, the American war steamer Kearsage was
lying off Queenstown, and I heard that the officers were en-
listing men for the American navy, and, in company with
Thos. Verling, of Queenstown, and the two others whose
names I did not know, I went on board said ship for the
purpose of joining same, if taken. It was about 2 o'clock.
One of my party asked one of the officers if he wanted any
coal trimmers or firemen. He replied that the purser had
gone ashore for them, and that he expected be would bring
them on board, but we stated we would be taken as lands-
men. We agreed to ship as landsmen. On that the same
officer sent us for examination by the doctor on board, and
I and three others were then accordingly examined by the
doctor, and we passed his examination. After this we went
on shore, on our promise to return at 7 o'clock the same
evening. We were informed by the same officer on board that
our pay would be 12 dols. per month. I did not return to the
ship afterwards that evening, but did at 7 o'clock next morn-
ing, and I remained all that day (November 4) on board.
I got breakfast, dinner, and supper in the ship. While
on board I saw seven or eight men from Ringskiddy there.
I asked some of them if they had passed the doctor, and they
replied they had. All those Ringskiddy men sailed in the
vessel, as did also a boy named John Murphy, of Queens.
town, who also passed the doctor. I did not sail in the
vessel, as on leaving the harbour on that evening I got into
a pilot boat and returned home. While on board I saw Mr,
Eastman, who, I am informed, was the American Consul,
and Mr. Dawson, the ship agent at Queenstown, both in
conversation with the officers. They remained about half
an hour. I would know the persons of the Ringskiddy men
if I saw them again who sailed in the ship Kearsage. The
witness now added that he saw the defendants on board the
Kearsage, and they sailed in her.
To the prisoner Leary—You did not pass the doctor while
I was there.
The witness then verified the information, and was bound
to give evidence at the next assizes. He would, however, he
said, have nothing to say against those men (the defendants).
George Patterson, seaman, of Ringskiddy, one of those
who were shipped by the Kearsage and subsequently disem-
barked again, was the next witness. His information,which
was read over to him, was as follows :—On or about the 4th
day of November, 1863, I went on board the United States

veseel of war Kearsage, in the harbour of Cork, along with

John Sullivan, Edward Pyburn,Thomas Murphy, and Denis
Leary, all Irishmen, and residing at Ringskiddy. We went
from Ring to the said vessel in the boat of Samuel Dunne.
A. man named Healy, a native of Ring, who was the officer
or captain of the forecastle on board the Kearsage, was also
in Draane's boat, and paid Dunne ls. for the use of the
boat. The said Healy had slept at Ring, having come there
the night before from the said war vessel Kearsage. He, I
think, had hired the boat to take us to the Kearsage. John
Dunne (son of Samuel) was also in the boat as boatman. I
went with the above-named persons on board to agree to
enlist to serve as sailors or firemen en board the said vessel
of war for,the United States service. It was freely circu-
lated that the Kearsage was taking men for the said service.
After joining on board, we were told by the officer to go
below until we cleared the lighthouse. I did duty in the
ship from Cork to Brest, in France, and back. It was a
boatman on board the Kearsage named Burnes who or-
dered as below until we cleared the lighthouse of Cork
harbour. When we got to Brest we were enlisted after
passing the medical doctor there belonging to the ship. I,
with the three others, were sworn to join the American ser-
vice for three years, and for the purpose of fighting for the
United States service. Denis Leary, Thomas Murphy,
and Edward Pybum were along with me, and took the
oath to serve the United States for a period of three years.
Mr. Badlum was the engineer on board the ship, under
whom I did duty as fireman. Edward Pyburn and John
Sullivan also worked in my watch as firemen.
We all
worked on board the vessel from Cork harbour to Brest and
back. Wo were then put ashore in Cork harbour; gotwe
an entire kit, the uniform being that of the United States
navy, and I was to receive 18 dols. per month for my pay
Nearly all the men were Irish ; we were but five weeks on
board. Daniel O'Connell and John Murphy also served on K
board the ship Kearsage. The day after leaving Brest, be.
fore landing in Cork harbour, the captain of the earsage
mustered us, and told us that all the new men shipped at
Queenstown should go on shore at Cork harbour, and that
he was very sorry for parting them. After this the first
lieutenant said we could keep all our clothes that had been
giveie to us. The witness then identified the prisoners as
men whom he had seen take service on board the liearsae.e.
lie was not cross examined, and was re-bound to prosecute
at the assizes.
Mr. O'Connell then read for his worship the 4th section
of the act under which he prosecuted, which enabled him to
forward the case, on informations, for trial •en the
Court of
Queen's Bench in Dublin, the assizes, or quarter sessions
for the county in which the offence was committed.
Mr. Cronin-0f course, under these circumstances,
I will
send them to the assizes.
The prisoners were then severally cautioned in the usual
form from the Bench, after which they made the following
statements :
blue Svltivan stated that he did not pass the doctor on

board the Kearsage till she reached Brest. His arm was
looked at in this harbour by the doctor's steward.
Edward Pyburn said that while in the ship lie did not
pass the doctor at all. The doctor's mate or steward ex-
amined him while in the harbour. He worked his passage
to Brest, and on arriving there the word was passed by the
boatswain's mate that all the men who came on board at
Queenstown should go ashore. When they got to the shore
the word was passed that those who wished to do so could
join the ship, and those who did not could go ashore. They
all returned to the Kearsage and were shipped. The first
lieutenant told them their wages would bo 13 dull. per
month, and a dollar and a half grog money.
Thomas Murphy corrolorated the first portion of Pyburn's
statement. _

Dennis Leary said he went on board the Kcarsago the day
she was to sail from Queenstown (Thursday). He went below
and did not come on deck except once until they reached
Brest. His account of what occurred there was exactly
similar to that given by Pyburn•
The other defendants made no statement.

His Worship committed the defendants for trial at the
next Cork assizes, and appointed 12 o'clock as the time he
would
i receive bail for the appearance of such as could pro-
cure t. He measured the bail at—each defendant in £2O,
and two securities of £lO for each,