Continued from
previous page
N A R
R A T I V E, &c.
Thus having tried every avenue that could
lead to the Proceedings of the Court-Martial, and found each
impenetrable, the family were forced to turn their views
towards procuring the Minutes of some one of the members of
the court. And here their difficulties recommenced. In vain
were various friends, through the most promising channels,
employed to procure the Minutes in question! Indeed so
general was the reserve on this subject, that even the names
of the officers who composed the Court, were refused to
repeated applications. Frequent have been their
disappointments in the pursuit of this secondary object.
Often have they thought they had attained it, and as often
has it eluded their grasp.
At length, however, after two years
unwearied assiduity and trouble, the friends of Sir Edward
Crosbie succeeded in procuring a copy of the Minutes of the
Court-Martial, under the following restrictions, viz. that
the writer’s name should not be divulged, and
that no
prosecution should ensue. The Act of Indemnity has
rendered the last condition easy of compliance.
But before we present our readers with a
copy of these Minutes, it is necessary to mention some
circumstances relating to the apprehension of Sir Edward
Crosbie, and his being deprived of proper counsel at his
trial. The party of the military who first came to
View-Mount, (the place of his abode) were admitted by Lady
Crosbie, who, happening to be going out at the moment of
their arrival, herself opened the door to them. The officer
enquired for Thomas Myler (Sir Edward’s steward, a man
deeply concerned in the rebellion) who had absconded. The
house was searched, every door broken, and every place
examined; but neither could Myler be found, nor a single
article to criminate Sir Edward.
The officer, however, kept
possession of the house, and dispatched a messenger to
inform Colonel Mahon, of the ninth regiment of dragoons, who
commanded at Carlow, that Myler had escaped. On which
intelligence, Colonel Mahon, with a larger body of men
immediately came, seized Sir Edward Crosbie, and conducted
him to Carlow Jail, without assigning a motive, or alledging
a charge against Sir Edward. Lady Crosbie, although assured
by every person she saw, that there was no intention of
bringing Sir Edward to any trial, and that a temporary
confinement was all that was meant by the seizure of his
person; yet hearing soon after the contrary, sent to Col.
Mahon, requesting that he would give her reasonable notice
of the day appointed for the trial to come on. He returned
for answer, that she should have
twenty-four hours
notice. This assurance he repeated to her afterwards in
person, adding, “Do you think Madam, I would do otherwise?”
A day or two after, she received a letter from Counsellor
Powell, offering to come to her, if she would let him know
when the trial would take place.
Upon this she went
immediately to Colonel Mahon, informed him of the kind offer
made to her by Mr. Powell, and requested he would, if
possible, enable her to give Mr. Powell the necessary
information. Colonel Mahon, with the utmost coolness and
indifference, pulled out his watch, saying “The trial will
begin, Madam, in an hour.” ‘Great God! Colonel, did not you
promise me twenty-four hours notice?’ “Very true, Madam; but
it is not in my power to postpone it.” ‘Why, Sir,’ said Lady
Crosbie, ‘Sir Edward has not yet been made acquainted with
the charges that are to be brought against him, which I
understood was always done in a court of justice.’ “O
Madam,” replied the Colonel, “you understand nothing of this
business.” — And so, indeed, the event has proved. Thus
circumstanced, with every reason to believe, from the whole
of the treatment Sir Edward had experienced during his
confinement, that he would meet with the same severity on
his trial, and with only an hour allowed her to prepare for
it, it was impossible to look for counsel or assistance
beyond the town of Carlow, which furnished only two attornies, one of whom was confined to his bed with a fever,
or at least pleaded that excuse, probably through fear of
giving offence to some in the neighbourhood; and the other
belonged to some military corps. To the latter Lady Crosbie
immediately applied, and obtained his assistance. But even
of this Sir Edward had not the benefit after the first day’s
trial, as will be seen in the sequel.
With regard to the Minutes themselves,
they are certainly authentic; and from information received
from other and most respectable quarters, some of whom were
present at the trial, we are convinced that they exhibit the
whole of the material part of the evidence produced against
Sir Edward Crosbie, set forth, indeed, in a very
unfavourable light; while many circumstances, highly in his
favour, are entirely unnoticed. In short, we are persuaded,
and think, it is to be collected from the Minutes
themselves, that the writer’s chief object was to collect
something from the evidence that might appear to justify a
sentence of condemnation.
Whatever, therefore, occurred in the
course of the trial that appeared to operate most to the
disadvantage of Sir Edward, is strongly marked; while that
which was advanced in his favour, is slightly noticed only,
or altogether omitted. Many such omissions, and a great deal
more indeed, we could easily supply from the most
unquestionable vouchers; but this is not our purpose at
present, and we hasten to lay before the public the Minutes
themselves, from which the charges against Sir Edward
Crosbie, and the nature of the evidence in support thereof,
will clearly appear.
-
Court-Martial
-
Major Denis,
of the 9th Dragoons,
-
President.
|
Capt. MARTIN, |
9th Dragoons. |
|
Capt. SHERSTON, |
32nd Regiment. |
|
Capt. BUTHIN, |
Unattached. |
|
Lieut. LOFTUS, |
9th Dragoons. |
|
Lieut. ROE, |
Armagh Regiment. |
|
Lieut. BEST, |
Half-Pay. |
|
Lieut. HIGGINS, |
9th Dragoons. |
|
Lieut. OGLE, |
Armagh Regiment. |
|
Lieut. MAGRATH, |
North Cork. |
|
Lieut. BAGWELL, |
9th Dragoons. |
|
Ensign ELLIS, |
Armagh Regiment. |
|
Cornet FLEMING, |
9th Dragoons |
CARLOW,
June 2, 1798.
PRISONER. — Sir Edward
Crosbie, bart.
1st. For traitorous and rebellious
conduct, in aiding and abetting a most villainous conspiracy
for the overthrow of his Majestys crown, and the extinction
of all loyal subjects.
2d. For endeavouring to conceal
persons, knowing them to be engaged in the above-mentioned
project.
EVIDENCE.
James
Gayner,
being sworn.
Q.
Have
you been sworn an United Irishman?
A. Be
dad, I have, Sir.
Q.
Were
you on Thursday night aiding in the attack against this
town?
A. I
was.
Q.
Will
you inform the Court of what you know?
A.
Indeed, I will. On Thursday night last, the 24th of May, he
was coming home with Tom Wright, who asked him if he was
ready; he asked for what? — Answer, to go to Carlow, to
fight for the Barracks. — Witness said, he would not go. —
Assembled at Sir Edward Crosbie’s, inside the wall; about
100 people assembled about twenty perches from Sir Edwards
house. — Sir Edward Crosbie came out — does
not know
Sir Edward Crosbie — knew him from hear-say — saw Sir Edward
Crosbie’s hall-door open, heard the person who came out say,
Never fear, boys, the Barrack will soon be your own. Captain
Roche told him, they were going to Sir Edward’s house. The
person who encouraged the mob to go on, went to Sir Edward
Crosbie’s. — Judged it was Sir Edward by his dress and
appearance — Cannot see the same description of person now
in Court.[11]
He was about two perches from the door, was near enough to
see it — a hundred people or upwards assembled.
Q. Are
you sure it was the person, who came out of the hall-door,
who said, “Never fear, boys, &c.?”
A.
I
am sure it was.
Q.
At
the time you left Sir Edward Crosbie’s house, who commanded
the party?
A.
Captain Roche, Lieutenant Murphy, and Serjeant Wright.
Q.
Did
you hear the person you took for Sir Edward Crosbie, speak
separately to Captain Roche or any of the officers?
A.
Only to the mob.
Q.
How
far did these three officers come with you from Sir Edward
Crosbie’s house?
A.
To
the town.
Q.
Did
any other officer meet you to head you coming into town?
A.
Yes, Michael Heydon.
Q.
Where did you meet Heydon?
A.
Near the town, where the stones are cut.
Cross-Examination.
Q.
Were you forced to join the people?
A.
At
first I was — afterwards went freely, wherever they desired
me, of my own inclination.
Q,
Opposite to what side of Sir Edward Crosbie’s house were you
standing, when you saw the door open?
A.
The
front.
Q,
What
part of the house do you conceive to be the front?
A.
This right part.
Q. Was
the place where you were standing, between the gateway and
Sir Edward Crosbie’s house, from the Carlow road?
A.
It
was.[12]
Q.
What
do you conceive to be the front of any house?
A.
Where the entrance is.
Q.
Was
there any noise made at Sir Edward Crosbie’s, while
assembled there?
A.
There was not, except a person might speak.
John
Finn,
sworn;
butler to Sir Edward Crosbie, and own man for four years.
Q.
Do
you recollect the night of the 24th?
A.
I
do.
Q.
Did
you know of any unlawful assembly to be collected that
night?
A.
I
did, and was with them.
Q.
Did
you see Sir Edward Crosbie that night?
A.
I
did.
Q.
At
what time did you see him that night?
A.
At
past ten o’clock.
Q.
Did
you walk with Sir Edward that night in his own garden?[13]
A.
I
did.
Q.
Was
there any number of people looking on you?
A.
No
one, but Myler the steward, and Walsh the labourer, who went
with them.
Q.
For
what purpose did you go into the garden?
A.
To
look at some pikes, that were settling by some men in the
garden-house.[14]
Q.
What
do you mean by settling the pikes?
A.
Putting the heads to the handles.
Q.
Do
you take upon you to say, that Sir Edward saw the men at
that work?
A.
He
saw that much.
Q.
Did
Sir Edward make any observation on what he saw?
A.
Sir
Edward said they were wicked weapons, and that he never saw
such before.
Q.
Was
Myler to your certain knowledge an United Irishman?
A.
To
the best of my opinion he was.
Q.
Why
do you think he was one?
A.
He
was seemingly very busy in preparing for the expedition that
night, and believe he had a command.
Q.
Did
you see Sir Edward and Myler have any private conversation?
A.
He
had conversation with Myler, which he did not hear.[15]
Q. by the Court.
On the virtue of your oath, do you
believe that Sir Edward Crosbie knew what the pikes were
intended for?
A.
I
believe he did.[16]
Q.
How
long did Sir Edward remain in the garden?
A.
About ten minutes.
Q.
How
many people were preparing the pikes?
A.
I
believe there were five or six in the garden at that time.
Q.
Do
you know who these men were?
A.
I
do.
Q.
Were
they Sir Edward’s tenants?
A.
Some of them were labourers.
Q.
Who
were they, that were not labourers?
A.
They were of the neighbourhood.
Q.
Did
Sir Edward say any thing to prevent the men making use of
their pikes?
A.
He
said they were dangerous weapons, he had never seen such
before.
Q.
What
time of the evening did this happen?
A.
About nine o’clock.
Q.
Was
that the last time you saw Sir Edward that night?
A.
It
was not.
Q.
When
did you see Sir Edward after that?
A.
In
about an hour after went up stairs, saw Sir Edward and Lady
Crosbie playing at cards; shut the windows, and locked the
hall-door.
Q.
After you locked the hall-door, what did you do?
A.
I
went to the garden through the back-door.
Q.
What
did you do then?
A.
I
went to the garden-house where the men were. The pikes were
all finished soon after.
Q.
How
many pikes do you think there were there?
A.
I
believe nine or ten.
Q. Did
you take a pike yourself?
A.
I
did not.
Q.
How
were you armed coming into the town that night?
A.
With one pistol.
Q.
Where did you get that pistol?
A.
From a man in the neighbourhood.
Q.
How
long had you that pistol in your possession?
A.
Knew it to be hid — had it in possession three or four days
before.
Q.
At
the time you went into the garden with Sir Edward Crosbie,
had you the pistol about you?
A.
I
believe i had.
Q.
Did
you think it necessary to conceal the pistol from Sir
Edward?
A.
I
did not.[17]
Q.
In
leaving Sir Edward’s house that night, did you imagine Sir
Edward would be angry with you?
A.
No
I did not; often went out at night.
Q.
Was
Myler in Carlow that night?
A.
He
marched from the house, but believe he did not come to
Carlow.
Q.
After you made your escape, where did you go.
A.
I
went to Sir Edward’s.
Q.
As
soon as you got home, what did you do?
A.
I
went to bed.
Q.
How
long did you remain in bed?
A.
About a quarter of an hour, when I called to a servant-maid
for a drink of water, which I got.
Q.
Did
she say any thing on giving you the water?
A.
I
believe she said Carlow was on fire — is sure she did speak.
Q.
Was
Sir Edward present when she made that observation?
A.
I
believe he was.
Q.
Did
Sir Edward make any remarks on this?
A.
Sir
Edward said, the town was on fire. Witness told Sir Edward
the people were all killed.
Q.
Do
you believe it was because the girl was present, Sir Edward
made no farther observation on the business?
A.
I
don’t think he would have minded the girl, had he any thing
to say.
Q.
Next
morning, when you saw Sir Edward, what did you do?
A.
I
told him I could not stay, and asked him for my discharge.
Q.
Why
did you ask him for your discharge?
A.
I
was frightened at the business of the night, and hearing Sir
Edward was considered as a disaffected man, was afraid to
stay.
Q.
Do
you believe Sir Edward knew you were in the battle that
night?
A.
I
believe he did.[18]
Q.
Did
you get your discharge or not?
A.
I
did in half an hour.
Q.
From
the circumstances before mentioned, do you believe Sir
Edward knew you were to be at the attack?
A.
I
believe he did.
[Sir Edward Crosbie’s discharge read;
giving the man a very good character; ante-dated two days;
Sir Edward allows to be his.]
Q.
On
what day did you receive the discharge?
A.
On
the 25th of May.
[Discharge produced to evidence,
and sworn to.]
Q.
Had
you applied for your discharge before?
A.
No,
I did not.
Q.
Had
Sir Edward his clothes on, when he came to your room?
A.
He
had his night-cap, but no coat.
Cross-Examination.
Q. by the prisoner to evidence.
Did I not send my arms by you to the sheriff the Monday
before?
A.
You
did.
Q.
Have
you heard Sir Edward frequently say he would not be an
United-Irishman, an Orangeman, or of any society contrary to
law?
A.
I
believe he did; and Myler declared to me, he did not believe
his master was an United-Irishman.
The Court adjourned to 10 o’clock on
Monday the 4th instant.
The Court, having assembled according
to adjournment, proceeded on the trial of
Sir Edward
Crosbie, bart.[19]
Patrick Walsh,
sworn.[20]
Q.
Is
that your name? Where do you live?
A.
At
Browne’s-hill.
Q.
Do
you remember the night of Thursday the 24th of May last?
A.
I
do.
Q.
Were
you present with any number of people at an unlawful meeting
that night?
A.
I
was.
Q.
Where were they assembled that night?
A.
There were some of the men where the pikes were preparing in
the garden, and others in the field.
Q.
Were
you in the garden that evening preparing the pikes?
A.
I
was.
Q.
Did
Sir Edward Crosbie remain long in the garden?
A.
About eight or ten minutes.
Q.
Did
you see Sir Edward Crosbie go into the garden at the time
they were preparing the pikes?
A.
I
did not.
Q.
Did
Sir Edward, on seeing the men preparing the pikes, say any
thing to discountenance it?
A.
To
the best of his opinion, Sir Edward said they were dangerous
weapons.
Q.
Did
you at that time suppose you were acting with Sir Edward’s
sanction?
A.
He
could not tell.
Edmund
Burroughs,
sworn.
Q.
Do
you remember Thursday night the 24th May?
A.
I
do.
Q.
Were
you at Sir Edward Crosbie’s that night with any number of
people?
A.
I
was.
Q.
For
what purpose were you assembled that night?
A.
To
come to the town and attack it.
Q.
Did
you see Sir Edward Crosbie that night?
A.
To
the best of my opinion he was there. I don’t know him.
Q.
Why
do you think it was Sir Edward Crosbie?
A.
Because I saw a gentleman come out of his house, who spoke
to us and told us not to fear, the town or barrack would be
our own; every one said it was Sir Edward Crosbie.
Q.
What
did this gentleman say?
A.
He
said, “Play away, boys, the town or barrack will soon be
your own.”
Q.
What
hour might this have been?
A.
About ten or eleven o’clock; does not know but ’twas later.
Q.
Did
the person who came out of the house that night and spoke to
you, return to the house.
A.
He
did.
Q.
How
far from the hall-door might you have been at the time?
A.
About two perches.
Q.
Was
the hall-door open, when the person was speaking?
A.
It
was.
Henry
Rogers,
sworn.
Q.
Did
you know at any time directly or indirectly Sir Edward
Crosbie’s having advanced money to support the cause of the
United Irishmen?
A.
I
was told by John Bern, that Myler brought seven or eight
pounds to MacDonald the brewer, for Sir Edward Crosbie, for
the use of the prisoners in jail, confined for being United
Irishmen.
Q.
By
virture of your oath did Myler tell you in confidence, that
Sir Edward Crosbie was an United-Irishman?
A.
He
did.[21]
Q.
How
long since Myler told you that?
A.
About a month.
Q.
Did
Myler ever tell you he brought money from Sir Edward, for
the use of the United Irishmen?
A.
He
did, walking in Tullow-street; and said Sir Edward would be
in Court himself, and would stand himself by Mr. Mac Nally,
to support the prisoners, he having been seven years at the
bar. — Rogers further says, that Myler told him positively,
that there was to be a meeting of the captains to elect Sir
Edward Crosbie; on which he asked him, if Sir Edward was a
sworn man? He answered that he might be depended upon, but
that he would not come before so many captains to take the
Colonels test; — and also told him,. Sir Edward had been
sworn by one of the Whig Club.[22]
Prosecution closed.
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