The Sun.
London, England, 1867-11-30 00:00:00

THE ALLEGED FENIAN COL 9..VEL.

FURTHER EXAMINATION OF BURKE A ND CASEY.

The two prisoners giving th names G gorge I ferry
and Joseph Theobald Casey, but the form( r of
whom is allegNl to be Richard Bui:ke, a colon' 1 in
the so-called Fenian army, were bronl: ht up on re-
mand, the former charged with treason ..fe?ony, and
both with assaulting the police in the execution of
their duty.

On the prisoners being placed in the dock it -ap-
peared that, from some misunderstanding, t` v 0
learned counsel appeared for the defence—gr.
Kenealey, instructed by Mr. Norton, fur both pri-
soners, and Mr. Grialths, instructed by Mr. R
for Burke.

Sir 'Plomas Henry suggested that the prisor .cr
Burke should be allowed to elt•ct which gentlein tu
should represent him as his solicitor.
Mr. Norton sail he was instructed last night by
a brother of the prisoner Casey, and was requt sted
to defend both prisoners. He should have seen
Col. Burke last night if there had been time.
Mr. Griffiths said Mr. Ring was not in court at
the present moment, having:gone to his office for
some papers, but had left in his hands a MS. in the
handwriting of the colonel containing the notes from
which the brief was drawn.

Burke made no comment on the fact that both
learned gentlemen spoke of him as "Colonel Burke"
and the " Colonel." He observed that he could not
at once see how to meet the difficulty. He could
find work for both gentlemen.

Sir Thomas Henry—Which is your solicitor ?
Mr. Ring or Mr. Norton ?

Burke—Well, certainly I have seen Mr. Ring,
but I could not say that I have positively intrusted
my defence to that gentleman. I would be glad if
the case could be remanded for an hour that I might
consider the matter.

After some further conversation the case was ad-
journed for a short time, permission being given f9r
the Colonel to confer with Mr. Norton.

At 12 o'clock all parties returned into court, but
it was then found that no definite arrangement had
been come to, and another long discussion ensued;
eventually Dr.
,Kenealey was selected to defend,
Col. Burke demanding the papers which had been
produced in court by Mr. Griffiths.
Sir Thomas Henry informed the prisoner those
papers could not be removed from the care of the
learned gentleman who had received them from
Mr. Ring, and until that gentleman was present in
the court-, which he believed would be by one o'clock,
he could not have them.

Col. Burke said he was satisfied with that ar-
rangement.

At the request of Dr. Kenealey, the evidence given
ou the last occasion was read, and then Mr. Poland,
who appeared for the prosecution, call; l
Godfrey Massey, who maid—l ant a native of
Ireland. I went to America in 1856. I afterwards
joined the Confederate service in the time of the
civil war. I held the rank of lieutenant-colonel
when that war ceased. In August, 1865, I joined
the Fenian Brotherhood at Houston, in Texas. I
took neither oath nor pledge. I arrived in New
York in October, 1865. Between the time I was
engaged by a commercial house in New Orleans,
but I gave the Fenian cause my support, and did
all in my power to extend it. I know a person
named James Stephens well. I first saw him
in New York. The object of the Fenian
Brotherhood was the establishment of a Republic
iu Ireland. I first saw Stephens early in October,
last year. He had an office in New York, at 19,
Chatham-street. Stephens was the chief organiser
of the Fenian Brotherhood. I heard from Stephens
an account of his escape from Dublin. He
(Stephens) said he escaped from prison by the
agency of friends, both within and without the
prison. I knew Col. Kelley. He was the deputy
of Stephens. I knew the prisoner Burke.
first met him in New York, at 19, Chatham-
street. He did not know that he held any distinct
ro3ition in the Brotherhood. I knew him as
"Captain" Burke. I was on intimate terms with
Stephens, Kelly, and the prisoner. I knew
Stephens's private residences in New York—one
was " East Thirteenth," and one "West Eleventh.'
Besides these persons I knew a person in New York
who was called by courtesy " Colonel Burke." I
gave evidence on his trial at Dublin. I knew
M‘Haferty, General Halpin, and General Cluseraty,
all of whom were connected with the Fenian
Brotherhood. I gave evidence on the trial of
General Halpin a few days ago. I have met all of
them in the prisoner's company in New York.
I have seen the prisoner in company with
Stephens and the others. I think the prisoner was
acquainted with the Colonel Burke of whom I have
spoken. I remember a meeting of Fenians at New
York with respect to the number of arms that had
been obtained. I was present at it. It was com-
posed of military and non-military men. The pri-
soner Burke was there. Stephens at that meeting
said he had not nearly the number of arms he ex-
pected to have. The minimum he expected was
30,000, and that only between 4,000 and 5,000
had actually been obtained. A discussion took
place at that meeting with Stephens as to the rising
that was to take place in the new year that has gone
by. Nothing of any other importance took place
at the meeting, which was held at the private rooms
of Stephens in East Thirteenth-street. An arrange-
ment was afterwards made to have a purely mili-
tary meeting, and a day or two afterwards such a
meeting was held. Those who attended the pre-
vious meeting, with the exception of the non-military
men, were present. At that meeting the dis-
cussion turned on the rising. Several of the
officers present volunteered their services. I cannot
say whether the time of rising was discussed at that
meeting, which was held about the 20th of Decem-
ber. The rising was determined on, and the
officers volunteered their services, and went to
different parts of England. The voluntary offer was
to take part in the rising. The names so offering were
taken down by Kelly. I volunteered as one of the
persons, and my name was taken down. The pri-
soner Burke did the same. Colonel Burke I have
before spoken of also volunteered. After that
meeting Stephens was repudiated, and Kelly acted
in his place. Stephens was repudiated because he
was insincere, and deceived both officers and others ;
he was also grossly incompetent in a military point
of view. I left New York for England on the 11th
of January last. I came to England alone. I
believe the prisoner Burke sailed before I did from
New York. I went to Liverpool, and the next day
after I came to London, and the day after that I
saw the prisoner in London. I met him near a
public-house, but I don't know the name of the
locality. I had some conversation with him, but I
cannot now recollect what the subject of the con-
versation was. I afterwards lived wth Burke in
London, at No. 7, Tavistock-street. Captain Burke
engaged the lodgings. I don't know that he had
been living there before my arrival in London. I
remained with him until about the 10th or
11th of February last, but Burke left some
days before that. We hal one room on the
top loft. Burke went as " Air. Wallace," and
and I as " Cleburn." It was the end of January
last that I went to live in Tavistock-E-quare. I have
met all the Fenian officers iu England whom I had
seen in America, and some whom I had not seen
there. At the time I saw Colonel Kelly in Lon-
don he was lodging at 5, North-crescent, Totten-
ham-court-road. I have been to the place. Kelly
went by the name of " Mr. Coleman," and I believe
General Halpin lodged with him for some time ; he
went by the name of "Mr. Fletcher." Kelly was
the chief of the Fenians in London. The
organisation of the forces in Ireland was
entrusted to my direction. Amongst others I gave
some instructions to the prisoner Burke. I ap-
pointed him to the Macroom district, in the County
Cork. The last directions he got from me were
given in London. I told hint when he arrived at
Macroom to make himself acquainted with the re-
sources of the place, and that when the rising took
place he was to destroy the railroads and things
of that sort, to reduce the means of communi-
cation, Tho telegraphs were cut and the railroads

tapped—that was not to entirely destroy, but to
causegreat delay by the taps being made in the metals.
There were other officers at Macroom, but Captain
Burke was a senior officer. He would have to
communicate with the Centre's in making himself
acquainted with the resources of his district.
Sir F. Henry—What's a Centre ?
Witness—As applied in Ireland, the chief officer
as applied to a company.
_ _

Exainination continued—l brought some money
with me from America to the amount of £550 in
golf. I received it for ColonA Kelly. Before
Burke left London I gave him between £l5 or £2O,
I also gtre money to all the officers in London, in
sums varying between £l2 and £3O. Before the
prisoner Burke left London, I did not tell
him the night that had been appointed fur
the rising, as I did not know it myself at the
im?. When he left a rising had been deter-
! mired upon bnt the date had not been
fixed. Before I left London, and after Burke had
a meeting vas hell at Col. Kelly's lodgings. I
think it was the lJ[h of February, and a Sunday
night. Three delegates from Ireland were present
at the meeting. The delegates were Mahony, of
Cork, Byrn of Dublin, and Arbiuson of Belfast. It
was arranged that the three persons constitute
themselves into a directory for the management of
civil affairs in Ireland. In London before prisoner
Burke left I had a conversation with him.
Mr. Poland—What was it?

Witness—Am I bound to tell the purport of a
private conversation ?
Sir T. Henry—Yes. You must tell all.
are sworn to tell the whole truth.

You

Witnef,s—l think if I do not possess that as a pri-
vilege, I ought to have it given me as a right.
Sir T. Henry--No, you must tell all.
Wituess---Then you will have to question it all
out of me.

Dr. Kennedy—l hope all that will be taken down,
as it is important.

Sir T. Henry—Oh, yes; that will be done. (To
witness)—You have no privilege.
Wituess—Only the privilege of swearing. lam
aware of that now.

Sir T. Henry—You had better tell the whole
truth at once.

Examin contd.—l saw Burke in London. He
said he had been to Birmingham on Fenian busi-
ness, the purchase of arms consisting of rifles and
revolvers. I know of no others. He said he had
had them •hipped to Ireland. I don't remember
anything about whether he bad also sent caps and
ammunition. He said some of them had been
seized at Queenstown. I think that was the place,
but I may be mistaken now on that point. Burke
told me that he went in the name of E. C. Win-
slow.

Mr. Poland—Did he say anything about money ?
Dr. Knealoy objected to such leading questions.
Sir T. Henry said the witness bad assumed a very
hostile position, and such questions as were put to
him he was bound to answer. Addressing the wit-
ness, Sir Thomas said—You had better tell the whole
truth without further difficulty.
Witness—lf I must tell it I will begin it. Burke
said he had been to Birmingham to purchase arms
for the Fenians. On one occasion, if I remember
right, he said he bad got credit for £9OO. That
was the pith of it. I cannot tell for how long the
credit was obtained. I left London in February of
the present year. I saw Feriola at tho lodgings of
Cluseret, a French officer, in Bedford-square, and
127 or 137, Great Portland•street. Feriola was
chief of the staff to Cluseret, and, in his absence,
to me. Feriola was addressed as " General." The
last time I saw him was in the Court-house, Green-
street, Dublin, during the trial of General Halpin.
When I left Loudon in February I went to Dublin.
I was appointed commander-in chief in Dublin.
The appointment was made at the residence of Gen.
Chiseret. I don't know all who were there. I was
not. Two delegates from Kelly's quarters were
present. I was told of the appointment by Kelly.
There had been a meeting of the Directory. When
I went to Ireland I went through the different sec-
tions, except in the north. The sth of Mareh was
appointed the night for the rising. It was to take
place at midnight. I was at Cork on the 4th of
March. I proceeded to the Limerick Junction to
make preparations for the rising, which was to take
place the following night. At that place I was
arrested at ;we've o'ulock at tuidoight on
the arrival of the up-train from Cork. I
never saw the prisoner Burke in Ireland. After he
left for Macroom he wrote to me. I received the
letter in London ; it must have been in the prisoner's
handwriting. I don't know what has become of
that letter, as it is not customary with me to keep
documents of that sort. I have it not, neither do I
know where it is. I think it was dated from Water-
ford. I cannot even recollect the purport of the
letter. It was signed either in the name of " Wal-
lace" or " Winslow," but I cannot say which. It
was addressed " Mr. Cleburn, 7, Tavistock-street,"
the one near Tottenham-court-road.
This concluded this witnesses examination, and it
was then read over to him.

Dr. Kenealey said he would reserve his cross-
examination until another opportunity. He thought,
however, something ought to be done with Casey ;
his was a very insignificant charge compared with
the other prisoner.

Mr. Poland said he intended to ask for another
remand for both prisoners, as inquiries were going
on with respect to Casey.
Gecrge Kylock said—l live at 45, Little Halkett-
street, Birmingham. I am a percussion cap and
ammunition maker. lam also a general dealer in
small arms. I carried on the business in 1865. I
knew the prisoner Burke ; not as " Burke" though.
I first Eaw him I believe on the 23d of December,
1865, in my office. He had been there before, and
made some arrangement with my servant about
some percussion caps. He said he had agreed
with the young person with respect to the
articles he wanted, and he had then come
to settle the bargain. Prisoner gave the name
of " Edward C. Winslow," and said he was
then stopping at the King's Head; but he after-
wards had a place in G-.:orge-street, to whom the
things were sent. Prisoner did not say who he was
further than that ho represented a commercial firm ;
composed of three individuals. Did not inquire
into the nature of it, as it was no precise business.
The first order was two million of military percus-
sion caps, 250,000 small caps and 40 revolvers—
Lemat and Gerard's 10-shot revolvers. The caps
were in cases. The cost of the goods was £385
7s. 6d. The military caps were in 20 cases in my
warehouse in Curzon-street. On the prisoner pay-
ing me the money I gave him the order to receive
the goods. I also sent an order to Crowther and
Co., the agents for the North Western Railway to
deliver the goods to prisoner. The 40 revolvers were
given to his man at the same time that the swal
caps were delivered. That person signed his name
Maledy. Afterward; saw the prisoner ; he said he
liked the goods very well. He said he should re-
quire a lot of similar goods. I said I could get
them for him. I did do so, and having collected
them from different makers, I told the prisoner. I
know Mr. W. F. Hill, gun and pistol maker, No.
9, St Mary's-road, Birmingham. I went with the
prisoner to that person's place of business very soon
after I first saw him. It might have buce saual day
but I cannot say positively. We went to Hill's to
see what pistols he had in stock, as he was a maker
of that article. Prisoner examined a great many of
he ar lea, which he pointed out as suitable for his
trade, as he called it. An arrangement was then
made about the goods. I was to make the purchase
of Mr. Hill. I did do so, and afterwards I received
a great number of pistols from that gentleman,tnost of
Which 1 sold to the prisorier. I sold him altogether
627 revolvers from first to last during my transac-
tions with him, which extended from December
'65, to January, '66. The total amount of the bill
was £1,972, all of which had been paid except a
small balance which related to return of some cases.
I received an order for rifles from the prisoner as
well as pistols. Bullet-moulds were sent with each
of the pistols.• I also sent the usual accompaniment
of a rifle. Prisoner invariably paid cash except on
one occasion, when I made out the invoice. _ I had
asked him to purchase a lot of rifles, as I always
have a lot on hand. Soon after that he came very
hurriedly ono day and said he would take the lot Of

..-
„~.

goods, but I must give him credit until the Saturday
night. This was on a Thursday. I demurred
slightly, but since my transactions com-
menced with him we have become intimate,
owing to his agreeable manners. I said "I will
run the risk, and you shall have them." The gross
amount to be paid on the Saturday for them was
£698 is. 6d. This transaction took place on the
28th December, but there were other transactions,
making the credit I was to give amount to £7OO.
He arranged to come to my place and pay on the
Saturday. Ile did not do so, and I saw him the
following day at the King's Head Hotel. I was
rather uneasy about the £7OO floating about, and
on seeing the prisoner he said he was very Oa i to
see :He, as he would pay me the monz.y. I toll him
I was particularly glad to see him. He then paid,
me the money. The revolvers were delivered loe,se,
the rifles in cases of 20 each.
Sir T. ileory—Who took them away'?
Witness—They were delivercl to variona persons.
Maledy came for some as well as ethers.

Examination onitinued—l knew Maledy as
Winslow's servant. There is a signature I did not
recognise until last night, William John Menay.
I have been to 64, George-street, and have also been
in the packing-room there ; but I don't think I ever
saw the prisoner there. Now I look again I think
the man Casey is the man Maledy.
Dr. Kenealey—Do be careful now about such a
thing as that.
Witness (looking at Casey)—Well, yes, he's Arczy
like ; however, I will not say positively he's the
man.

Sir Thomas Henry—You must have a belief
about the matter.

Witness—Well, I'm sure he's one of those whom
I have seen at Gaorge-street, if he is not Maledy,
but I believe him to be that person.
Examination continued—There was a plate on
the door of 61, George-street, " E. 0. Winslow,
Commission-agent." I believe it to bo there at the
present moment. I never went into the room at the
back on the ground floor of the house in George..
street. I knew the prisoner altogether in Birming-
ham about tw3 months. During our acquaintance
the prisoner told me ho was in communication with
Harper's establishment in New York.
Mr. Poland—Did he ever tell you what comp'osi
tion he could make? I don't mean a literary cam-
position.

Witness—No.
Mr. Poland—Did he ever say anything about
some sort of fire?

Witness—Well, we have had a conversation about
something that would set fire to everything; and
when the discovery was made in Liverpool of the
Greek fire I remarked that that was the stuff Wins-
ow used to talk about, and Winslow said that be
knew how it was done. He called it Greek fire.
A number of letters respecting orders from the
prisoner Burke to witness Kylock were then put
and read to prove the handwriting of the prisoner.
Mr. W. J. Hill said—l carry on business at No.
9, St. Mary's-row, Birmingham, and am a gun and
pistol maker. At the cud of 1865 Mr. Kylock cams
with a gentleman to my warehouse. The taller
prisoner (Burke) was that person. He then said
his name was Winslow, and asked what quantity of
revolvers I had in stock, and the lowest price re-
quired. I stated some prices, but he asked whether
any abatement would be made if he gave a large
order, and asked what I considered a large order.
I said 100 or 200 ; when he replied, "If I con-
sidered that a large order, he could give a larger one
than that." He then asked me what quantity
I could deliver by the following Wednesday. I
told him the quantity, but I could not recollect
now the exact amount. He said most likely he
could employ me in the execution of orders for at
least six or nine monts, taking what I could
produce within that time. I told him I
could produce 100 per week, and he said
he thought that a smaller quantity than he
should have imagined in such a town as Bir-

minghatn. 1 agreed to supply the quantity he then
ordered to Mr. Kylock on the following IVelnes-
day. This was the Saturday evening previous to
Christmas-day, 1865. Mr. Kylock was to pay
for the goods. 1 saw him after that a
great many times at my pla,e of b;ibinci,s.
By r,fercnce to my Looks I hind the 27th of Dec.
was the first transaction ; on that occasion 135 re-
volvers were supi.li?d, on the 30th, 45 ; on Jan. 4,
1856, 40 ; on the 7th of that month, 28. After
that I saw the prisoner at Mr. Kylock-,s, fre-
quently examining the goods I had sup-
plied. On the 26th of January, 1866, I sold a
pistol to Mr. Kylock, it was a highly fur-
nished one, its cost price being about £5 10s.
(a presentation pistol from the prisoner.) After
that 1 went on making a large quantity of revolvers,
but I did not deliver them. I had got forward
about 300 in consequence of a difference arising be-
tween myself and Mr. Kylock. I recollect hearing

the prisoner mention South America, and I
imagined the pistols were going there. I have not
seen the prisoner since the last delivery of goods.
Eliza Lambert said—l live at 7, Tavistock-street,
Bedford-square. Some time call), in the year
two gentlemen came to live there. The names of
these persons were Mr. Wallace and Mr. -Ole-
burn. The tall gentleman in the dock is Mr.
Wallace.

The witness Massey was then sent for, and on
his appearing in court she identified him as " Mr.
Cleburn."

Examination continued—l cannot recollect the
gentleman leaving. I knew a detective officer
named Clarke came to the house after they had
both left. It was about a week after Cleburn went
away. They both occupied the front room on the
third floor, and paid 103. a week. Sometimes I
saw them more frequently than others.
Mr. Poland said that was as far as he intended to
proceed to-day, and he had now to ask for another
remand.

Mr. Kenealey hoped that some arrangement
would be made that the case against the prisoners
would be completed on that day. It was a great
hardship and expensive to the prisoner to be kept
continually under remand.

Sir T. Henry said he did not think that any un-
nec.3ssary delay wo.ild be made by the prosecution.
It was a very important investigation. Doubtless
the obtaining the necessary witnesses was attended
with great difficulty.
Mr. Poland—l cannot undertake to say I will
complete the case next week.
Sir T. Henry—We will remand the case for a
week, and at the end of that say what is to be done.

FRACAS ATIVARIVICK RACES.—On Monday last,
at the Warwick pclico court, More the Lord Mayer and a
full bench, James Grimshaw, the well-known jockey,
George Milne, trainer to the Marquis of Queensberry,
and George Barry, were severally summoned to answer a
charge of having absaulted another trainer, named Chas.
Rolph, of Little Hinton, Wilts, on Wednesday week, the
second day of the Warwick meeting. Mr. Snaps was for
the cotnplaiaant, and Mr. Passman for the defendant. The
charge against Barry was first proceeded with. The com-
plainant stated that on Wednesday night the 20th inst.
ho went to the Bowling Green Inn, Warwick, where
Grimshaw commence I chaffing him, told him he had
better go home, as he had no money, and after some words
Barry jumped up and said, " Into him." Millie then threw
a great coat over his head, and Barry struck him two or
three blows. They then dragged him into the passage
where Grimshaw kicked him several Ones, and on the
door-step Barry struck him again, and ono of the blows
knocked him down. In creme-examination he denied
having first threatened to put Grimshaw on the fire, or
that lie had ever been fined for poaching or trespas-
sing hi search of game. 3lr. Bullock, a surgeon, depoied
that the complainant came to him with a wound or bruise
on his face which had probably been caused by blow.). Mr
Passman having addressed the bench for the defence
called Mrs. Butler, the sister-in law of the landlord of the
Bowling Green, and Miss Page, the barmaid, b Ala of
whom deposed that the complainant swore so violently,
end made use of such filthy language, that the landlord
came and turned him out of the house, and they both posi-
tively denied that any coat• was thrown over the com-
plainant's head, or that any one struck him in the bar.
Mr. Passmaa intimated that h.) had several other wit
nesses, but the bench said they had resolved to dismiss
the case, without expressing any opinion as to the con-
duct of the parties. The summonses against Grimshaw
and Marie were then withdrawn. Mr. Passman applied
that Rolph might be taken into custody for having com-
mitted wilful and corrupt perjury, and said Barry was
ready to make the necessary affirmation, but tie bench
declined to accede to the application, and Mr. Passman
was understood ate say that the case went(' be taken 04
higher court.