Harper's New Monthly Magazine, Vol III, No 13, 1851

"I mean no such thing; – that I am French by birth, as I am in feeling – that I never saw Ireland till within a few months back, and heartily wish I had never seen it."

"So would General Humbert, too, perhaps," said Daly, laughing; and the Court seemed to relish the jest.

"Where were you born, then, Tiernay?"

"In Paris, I believe."

"And your mother's name, what was it?"

"I never knew; I was left an orphan when a mere infant, and can tell little of my family."

"Your father was Irish, then?"

"Only by descent. I have heard that we came from a family who bore the title of 'Timmahoo' – Lord Tiernay of Timmahoo."

"There was such a title," interposed Peters; "it was one of King James's last creations after his flight from the Boyne. Some, indeed, assert that it was conferred before the battle. What a strange coincidence, to find the descendant, if he be such, laboring in something like the same cause as his ancestor."

"What's your rank, sir?" asked a sharp, severe-looking man, called Major Flood.

"First Lieutenant of Hussars."

"And is it usual for a boy of your years to hold that rank; or was there any thing peculiar in your case that obtained the promotion?"

"I served in two campaigns, and gained my grade regularly."

"Your Irish blood, then, had no share in your advancement?" asked he again.

"I am a Frenchman, as I said before," was my answer.

"A Frenchman, who lays claim to an Irish estate and an Irish title," replied Flood. "Let us hear Dowall's statement."

And now, to my utter confusion, a man made his way to the table, and, taking the book from the Judge Advocate, kissed it in token of an oath.

"Inform the Court of any thing you know in connection with the prisoner," said the Judge.

And the fellow, not daring even to look toward me, began a long, rambling, unconnected narrative of his first meeting with me at Killala, affecting that a close intimacy had subsisted between us, and that in the faith of a confidence, I had told him how, being an Irishman by birth, I had joined the expedition in the hope that with the expulsion of the English I should be able to re-establish my claim to my family rank and fortune. There was little coherence in his story, and more than one discrepant statement occurred in it; but the fellow's natural stupidity imparted a wonderful air of truth to the narrative, and I was surprised how naturally it sounded even to my own ears, little circumstances of truth being interspersed through the recital, as though to season the falsehood into a semblance of fact.

"What have you to reply to this, Tiernay?" asked the Colonel.

"Simply, sir, that such a witness, were his assertions even more consistent and probable, is utterly unworthy of credit. This fellow was one of the greatest marauders of the rebel army: and the last exercise of authority I ever witnessed by General Humbert was an order to drive him out of the town of Castlebar."

"Is this the notorious Town-Major Dowall?" asked an officer of artillery.

"The same, sir."

"I can answer, then, for his being one of the greatest rascals unhanged," rejoined he.

"This is all very irregular, gentlemen," interposed the Judge Advocate; "the character of a witness can not be impugned by what is mere desultory conversation. Let Dowall withdraw."

The man retired, and now a whispered conversation was kept up at the table for about a quarter of an hour, in which I could distinctly separate those who befriended from those who opposed me, the Major being the chief of the latter party. One speech of his which I overheard made a slight impression on me, and for the first time suggested uneasiness regarding the event.

"Whatever you do with this lad must have an immense influence on Tone's trial. Don't forget that if you acquit him you'll be sorely puzzled to convict the other."

The Colonel promptly overruled this unjust suggestion, and maintained that in my accent, manner, and appearance, there was every evidence of my French origin.

"Let Wolfe Tone stand upon his own merits," said he, "but let us not mix this case with his."

"I'd have treated every man who landed to a rope," exclaimed the Major, "Humbert himself among the rest. It was pure 'brigandage,' and nothing less."

"I hope if I escape, sir, that it will never be my fortune to see you a prisoner of France," said I, forgetting all in my indignation.

"If my voice have any influence, young man, that opportunity is not likely to occur to you," was the reply.

This ungenerous speech found no sympathy with the rest, and I soon saw that the Major represented a small minority in the Court.

The want of my commission, or of any document suitable to my rank or position in the service, was a great drawback; for I had given all my papers to Humbert, and had nothing to substantiate my account of myself. I saw how unfavorably this acknowledgement was taken by the Court; and when I was ordered to withdraw that they might deliberate, I own that I felt great misgivings as to the result.

The deliberation was a long, and as I could overhear, a strongly disputed one. Dowall was twice called in for examination, and when he retired on the last occasion, the discussion grew almost stormy.

As I stood thus awaiting my fate, the public, now removed from the Court, pressed eagerly to look at me; and while some thronged the door-way, and even pressed against the sentry, others crowded at the window to peep in. Among these faces, over which my eye ranged in half vacancy, one face struck me, for the expression of sincere sympathy and interest it bore. It was that of a middle-aged man of an humble walk in life, whose dress bespoke him from the country. There was nothing in his appearance to have called for attention or notice, and at any other time I should have passed him over without remark, but now, as his features betokened a feeling almost verging on anxiety, I could not regard him without interest.

Whichever way my eyes turned, however my thoughts might take me off, whenever I looked toward him, I was sure to find his gaze steadily bent upon me, and with an expression quite distinct from mere curiosity. At last came the summons for me to reappear before the Court, and the crowd opened to let me pass in.

The noise, the anxiety of the moment, and the movement of the people confused me at first, and when I recovered self-possession, I found that the Judge Advocate was reciting the charge under which I was tried. There were three distinct counts, on each of which the Court pronounced me "Not Guilty," but at the same time qualifying the finding by the additional words – "by a majority of two;" thus showing me that my escape had been a narrow one.

"As a prisoner of war," said the President, "you will now receive the same treatment as your comrades of the same rank. Some have been already exchanged, and some have given bail for their appearance to answer any future charges against them."

"I am quite ready, sir, to accept my freedom on parole," said I; "of course, in a country where I am an utter stranger, bail is out of the question."

"I'm willing to bail him, your worship; I'll take it on me to be surety for him," cried a coarse, husky voice from the body of the court; and at the same time a man dressed in a great coat of dark frieze pressed through the crowd and approached the table.

"And who are you, my good fellow, so ready to impose yourself on the Court?" asked Peters.

"I'm a farmer of eighty acres of land, from the Black Pits, near Baldoyle, and the Adjutant there, Mr. Moore, knows me well."

"Yes," said the Adjutant, "I have known you some years, as supplying forage to the cavalry, and always heard you spoken of as honest and trust-worthy."

"Thank you, Mr. Moore; that's as much as I want."

"Yes; but it's not as much as we want, my worthy man," said Peters; "we require to know that you are a solvent and respectable person."

"Come out and see my place then; ride over the land and look at my stock; ask my neighbors my character; find out if there's any thing against me."

"We prefer to leave all that trouble on your shoulders," said Peters; "show us that we may accept your surety and we'll entertain the question at once."

"How much is it?" asked he, eagerly.

"We demanded five hundred pounds for a Major on the staff; suppose we say two, Colonel, is that sufficient?" asked Peters of the President.