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40 is called out to meet the Fenians, the Fenians will advance close up to it; the men of the 61st who belong to the Fenians will not fire on them, and the others who are loyal will not he able; and the Fenians amongst the 61st will then go over to their party and at once fire on those who refuse to join the society."

Third charge: For having in December, 1865, and in January and February, 1866, at Dublin, knowingly received and entertained Thomas Chambers, 61st Regiment, a deserter from the said regiment, and not giving notice to his commanding officer.

The assistant adjutant-general, the Hon. Col. Fielding, prosecuted, assisted by Dr. Townsend.

Mr. McMechan, with Mr. Lawless as attorney, appeared for the prisoner.

Deputy Judge-Advocate. Have you any objection to be tried by the president, or by any other member of this court?

Prisoner. None, sir.

The charges having been read by the deputy judge-advocate, the prisoner pleaded not guilty.

The prosecutor having stated the case for the prosecution, witnesses were called and examined.

Head Constable Talbot was examined, and deposed that he was present at Fenian meetings in December, 1865, and January and February, 1866.

Did the soldiers take part in the proceedings of those meetings?

Prisoner objected.