“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.”

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.”