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42 active part in the meeting. I was never arrested on a charge of being connected with the Fenian Society.

Cross-examined by the prisoner. I was last examined as a witness at Green Street. I don't know whether I was believed or not. Kearney was not tried for firing a shot at me. He was not acquitted. I was sworn a Fenian by Thomas Baines. The oath I took, as I remember, was as follows:

"I, in the presence of the Almighty God, do solemnly swear allegiance to defend the Irish republic, now virtually established, to take up arms in its defense at a moment's warning, to defend its integrity and independence; and further to exterminate the Saxon out of the land, to keep all secrets and truths commended to me, and to obey my superior officers and those placed over me." I swore to defend the Queen against all enemies.

Did you swear to fight against her?—I decline to answer that question.

The deputy judge-advocate told the witness that unless he apprehended that what he should say in reply would subject him to a criminal prosecution he should answer the question.

Witness. I understand you, sir. According to the Fenian oath I was sworn to fight against her, although in the heart I did not mean it.

After swearing to defend her, and afterwards swearing to fight against her, say candidly whether anything you swear is deserving of credit or belief?

Deputy Judge-Advocate. I think that is for the Court to infer.