The Sun.
London, England, 1867-12-28 00:00:00

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bar.

EXAMINATION OF COLONEL BURKE
AND CASEY.

BOW-STREET.--(Tnis DAT.)

The further examination of Colonel Burke and
Theobald Joseph Casey, on a charge of treason-
felony, was resumed this morning before Sir T.
Henry.

Mr. Gifford, Q.C., and Mr. Poland appeared on
behalf of the Crown to prosecute ; Mr. J. B. Torr
and Mr. W. P. M'Donald to defend Burke ; and
Mr. Lewis, of Great Marlborough-street, for Casey.
Mr. J. B. Torr said—Before the proceedings
commenced he had to offer some observations—
Sir T. Henry—This is not the proper time.

Mr. Torr said all he wanted to say was that he
and his friend appeared for Burke i❑ a professional
capacity, and that as a surgeon would when called
attend a person with a broken leg, so he appeared
for Burke. He should therefore like to know the
exact acts, with their dates, that he had to deal
with.

Sir T. Henry--If you have read the depositions
you are quite sure of the facts.
Mr. Torr said there were a few circumstances he

thought in them—
Sir T. Ilenry—Then you can set that right in
cross-examination. Now, Mr. GifTard, will you
proceed with the prosecution.
Mr. Giffard—l wish, sir, to include a person
named Mullany, who has been taken into custody
since the last examination•in the present pro-
ceedings.

Sir T. Henry—Very well ; let him stand at the

The prisoner Mullany was accordingly placed
beside Burke and Casey, but on being asked his
name he said Henry Shaw.
The first witness called was
John Fitzpatrick, who said he was a constable in
the Irish constabulary foce. On the 7th of March
in the present year he arrested ono of the prisoners
—the further one.
Sir T. Henry—The prisoner Shaw ?
Witness—Yes. When I arrested him in the
street there were two other men with him named
Doherty and Roach. It was about one o'clock,
and the three being together I arrested the
whole of them. Roach had on his person a box of
percussion caps, which he attempted to throw away.
I seized Roach by the hand, and ordered the other
two constables to take the other men into the bar-
racks. Roach, on being asked to account for the
possession of the percussion caps, said he got them
from one of the other prisoners on the Boyne Bridge
the same morning. I found a six-barrelled
revolver primed and capped on Mullany, who
gave the name of Henry Shaw. He said,
on being asked, that he had just come from
Navan, and that he was going to Dublin. I also
found a pocket-book upon him which contained
some private letters. Doherty was also searched,
and a six-chamber revolver was found on him. It
was loaded and capped. The prisoner Shaw or
Mullany has been in custody ever since. There
had been a rising in Drogheda the night before I
arrested him.
Sir T. Henry—Shaw, have you any question to
ask ?

Prisoner—No, nothing.
John Joseph Corydon was then called. He said
I know the man at the bar as Mullany. I first be-
came acquainted with him in Liverpool in April or
May, 1866. I knew him to be connected with the
Fenian Brotherhood. I have seen him at several of
the meetings held by the Brotherhood in Liverpool.
Burke and Casey also attended those meetings, and
also at several houses. I have " chatted " with
them on frequent occasions. I was aware of the
fact that the Fenian -Brotherhood were purchasing
arms from Mullany. He said he had bought them
both in Birmingham and Sheffield. I recollect
a person named Lawrence very well. He came
from the county Cork. He died in Liverpool.
Before his death I often saw him with Burke and
Mullany. He was a Fenian. Mullany lodged in
Salisbury-street, at Mrs. Blackmore's, where I first
saw him. There was a person named Farrell, who
was " a centre," also lodging with him, and also a
man named Burns, from Drogheda. Farrell had
charge of the stowage of the arms, and the payment
of the rent for the house in College-lane, in which
they were deposited. I recollect Farrell and Mul-
lany going away from Liverpool in consequence of
some Greek fire being found in the house at which
they lodged. They went off to America. Farrell
went in September, 1866, and Mullany a short time
after that. I was in their company before they left
England, and by that means I became aware of the
fact that they were going to Ameriea. Lawrence, I
believe, was engaged as an agent to receive arms,
and I saw him receive his pay for that duty.
Mullany returned to England in the ensuing
month of January, 1867. He came back
with Colonel M'Cafferty, Captain Rogers, and
others, nine or ten in all, who were American offi-
cers. M'Cafferty since that has been convicted iu
Dublin. I have before mentioned a meeting held in
Liverpool, over which M'Cafferty presided. It was
held a few days before the Chester affair. Mullany
was present at the meeting. Mullany was arrested
the Sunday before the rising in Birkenhead. I
rather think he was taken up for getting drunk.
He left for Chester with Captain Doherty. Mul-
lany, like myself, attended the meeting, where we
received instructions for the Chester rising, which was
to have taken place on the Monday night. Five or six
weeks after that I was ordered off to Dublin. Mul-
lany was present when I received the orders and
money to go. Capt. Beecher, the Fenian paymas-
ter, presided at the meeting at which I was directed
to return to Ireland. I have seen both Mullany
and Capt. Doherty in Mayo gaol.
Cross-examined by Mr. Torr—l first became
acquainted with Mullany in 1866. I met him at
the house of a man named Austin Gibbons.
I was introduced to him as a Fenian by
Captain Wright. At this time I had not seen
Burke in Liverpool. I first saw Burke in
Liverpool in the summer of 1866. It was in
Richmond-row, at a meeting-house, that I first
heard Mullany speak about the purchase of arms.
Captain Lawrence O'Brien, Captain O'Doherty,
and all the American officers in Liverpool were at
the meeting. I was ignorant of the fact of the
buying of arms until that meeting. Mullany said
he and Burke had bought and were still buying
them ; but he did not mention the names of the
persons of whom be had purchased them, or
where he had obtained them. I cannot think
of the names of all those present at that
meeting, but I knew there were about 30 officers
present. Michael O'Brien, who was hung in Man-
chester, Capt. O'Brien, Capt. Deasy, and others,
were there, and I recollect them because they were
prominent men. I cannot, of course, recollect the
names of the whole of the thirty, but I recollect the
names I have given, because I was more acquainted
with them than the rest. Captain Ryan was there,
I know, and I nailed them accordingly. Lawrence
was a very important person, as much confidence
was placed in him. I first saw Lawrence receive
money at Gibbon's house ; Beecher paid him ;
Burke received some money, and so did I.
Mr. Lewis--You don't know Casey ?
Witness—No.
Re-examined—Michael O'Brien was the man
Gould, who was hung at Manchester.
Amelia Tye—l live at Birmingham, and am an
assistant to Mr. Kylock. I know the prisoner
Burke. I first saw him in 1865, shortly before
Christmas, in Mr. Kylock's office, I knew him as
Mr. E. C. Winslow. Ile wanted to see some
percussion caps. I showed him some military
ones, and he said he liked the brand, but that he
was a novice, as he did not understand them. I told
him the amount of stock in the warehouse, and he
said he would come the next day and pay for those
he had bought. He did not on that occasion give
any address. saw him on the following morning
when he completed the purchase of 2,000,000 of
caps. In the afternoon he went out with Mr.
Kylock to purchase some pistols. In the evening
40 revolvers and 250,000 small percussion caps were
sent to him. I made up the parcel and placed the caps
loosely in the case without fastening. The case was
delivered in George-street, and the person who took

the box was directed to ask for a Mr. MaHardy.
The delivery-book was sent. I k now the third pri-
soner (Mullany), but merely to the extent of his
delivering a letter to me from B' Berke, or as I knew
him as Winslow, at Mr. Kylock 's office. I recol-
lect some ten gun cases being ret' arned. They had
originally contained rifles when th were sent from
our warehouse to the Curzon-sty Jet railway station.
I took there about 25 cases r eturned. Mullany
and another man brought the: it back. I never
went to 64, George-street myse S.
Mr. Lewis—Have you ever m Casey at Bir-

mingham ?

Witness—No, I have not.

Charles Phillips, a ledger cle fk at the Curzon-
street Railway Station, proved thy: receiving of a
consignment note for the forwrreing two cases.
They were received on the 26th of!. Decemb',a, 1865,
and forwarded to Park-lane Station, Liverpool.

Mr. Kylock was recalled and iden:tifie I the note
produced by the last witness, as being in the hand-
writing of the prisoner Burke, anl also the third
prisoner, whom he knew as " Mull any." He could
not, however, say positively that hei bad seen him
more than once.

Mr. Gifford said, as his learned friend had not
had the opportunity of hearing the evidence given
by Mr. Klock on the first examination, he proposed
that it should be read over to enable him to. direct
his cross-examination accordingly.

This having been done, Mr. Torr declined to put
any questions to witness.
In reply to Mr. Lewis,

Mr. Kylock said he was of opinion that Casey
was not the person he thought he was on the oc-
casion of his first examination ; he, however, still
thought he had seen him at the office of Mr.
Window.

William. Martin, of the Birmingham police, said
I produce a zinc plate taken from the door of No.
64, George-street, Parade, Birmingham. I searched
the premises for a second time early in the present
month. On my first search I did not go into the
cellars, but on my last search I found a number of
jars. I don't know what the liquid is, but from my
visiting other gunmakers' shops, it seems to be a
liquid used for polishing gun stocks.
William Whitetread, a gun implement maker,
said—l was formerly in the service of Mr. Kylock.
I recognise Burke as Mr. Winslow, and I think I
have seen the second prisoner (Casey) at Mr. Wins-
low's offices, in George-street, Birmingham. I
have frequently taken letters to George-street for
Mr. Kylock.

The depositions taken against Burke and Casey
on former examinations were then read over, as
well against Shaw, after which each witness was re-
called and resworn.

The counsel for the prisoners did not attempt to
cross-question either Corydon, Devany, or Inspec-
tor Thompson. .

Mr. Giaard said as the other witnesses were not
in attendance he would not that day proceed farther
with the case.

Mr. Lewis hoped there would now be no objec-

tion to Casey being admitted to bail. lie had
been detained hitherto only on the charge of assault-
ing the police, and it was not till this morning that
he was charged with treason-felony. The evidence
of identification was exceedingly weak, and it was
hard that the prisoner should be remanded from
week to week whilst the prosecution went angling
to see what evidence they could catch.

Sir T. Henry—l shall not take bail. The pri-
soners must be remanded for a week.

The prisoners were then removed from the dock.