one off in the struggle, and the ball had
struck the constable in the leg, inflicting on him a serious wound.

By this time several parties of police had arrived in the street and
stationed themselves so as to prevent the formation of a crowd and deter
the people from any attempt at rescue. A reinforcement having turned
into the house in which the struggle was going on, Captain Mackay and
others who had been in his company were made prisoners, and marched off
in custody.

Some days afterwards, the wounded constable, who had refused to submit
to amputation of the wounded limb, died in hospital.

On the 10th of March, 1868, at the Cork Assizes, Judge O'Hagan
presiding, Captain Mackay was put on his trial for murder. The evidence
established a probability that the discharge of the prisoner's revolver
was not intended or effected by him, but was a consequence of its having
been struck by the revolver of the policeman who was struggling with
him. The verdict of the jury therefore was one of acquittal.

But then came the other charge against him, the charge of
treason-felony, for his connexion with the Fenian Brotherhood, and his
part in the recent "rising." For this he was put on trial on the 20th
day of March. He was ably defended by Mr. Heron, Q.C.; but the evidence
against him was conclusive. To say nothing of the testimony of the
informers, which should never for a moment be regarded as trustworthy,
there was the evidence and the identification supplied by the gunners of
the Martello tower and their wives, and the policemen of Ballyknockane
station and the wife of one of them. This evidence while establishing
the fact that the prisoner had been concerned in the levying of war
against the crown, established also the fact that he was a man as
chivalrous and gentle as he was valorous and daring. Some of the
incidents proved to have occurred during the attack which was made,
under his leadership, on the police barrack, are worthy of special
mention in any sketch, however brief, of the life and adventures of this
remarkable man. After he, at the head of his party, had demanded the
surrender of the barrack in the name of the Irish Republic, the police
fired, and the fire was returned. Then the insurgents broke in the door
and set fire to the lower part of the barrack. Still the police held
out. "Surrender!" cried the insurgents; "_You want to commit suicide,
but we don't want to commit murder._" One of the policemen then cr