Russell ffinger, aged about 63 years, being duly sworne and examined saith:

That he hath seene Capt ffennell [ at Caperqueene], and he this deponent being in Caperqueene in th first yeare of th rebellion [heard * that ] a party of souldiers came unto Mountaine castle [ where ] one Clement (blank) & Ensign Cole, and a Bucker whose name likewise he knoweth not [ & some others ] went to sell some tobaccoe, presently after ye  sayd Capt ffennell, as this depont heard credibliy reported, hanged (ye said Ensign Crossed out) Richard Rylye & killed ye said Butcher (sic), and tooke [ the three crokers] divers other prisoners.
(Mark)

CXLIII
The examinatin of Stephan Baltman, taken before us the 30th of November, 1652:

.......Sayth that in the [nine dayes] Sissation (sic) [ in September, 1642], he with others in his company went nere unto Mountaine Castle, being thereunto invited, there came Capt Edmond ffennell with a party of horse, and fell upon us with force of arms ( we no wayes resisting him or his party by reson of the Sissation) and killing Ensign Coole, then Ensign to Captain Hugh Croker, Thomas Clements, miller, and one Burne, a butcher, the rest of the said party being taken prisoners; the said Capt ffennell asked of one that was by, whether any of the Capoquin blades had escaped, Whoe replied, that there was but one, Where upon Capt ffennell forced us to goe into the green at Mountain Caste nere Capoquin, [and asked] whether any had given quarter or not.  Then answer was made him by Lieut. John Legg, then Lieut.to Captaine ffennell, and others of the party, that they had given quarter to those.  Ye said Capt. Ffennell replying againe that there was none of them had power to give quarter, And that none had quarter but Barry Croker, whome he gave quarter vnto, Whereupon he the sd ffennell caused Richard ô Rely and another to be taken out amonst the prisoners, and drawn up by a rope to ye limbs of a tree and hanged, Capt. Ffennell not leaving ye place vntil he saw them both dead, and then martched the rest of us to Dungarvan, and from thence to Carigneshure, and from thence to Clonmell, where we remained in prison six or seven weeks.

STEPH. BALTIMAN
Ro. Saunders
Isias Thomas

Fitzpatrick had added the following footnote:

A pretty story this! But in spite of the scribe's artful attempts to withdraw the real facts, one may see the move of Fennell's accusers was to seize and garrison  the Mountain Castle in time of cessation. There was a conflict in which three were killed by Fennell's party, the rest being apprehended. Two of these being Irish, were hanged as renegades. The English men taken were spared, and for some weeks kept in prison.  This, I submit, is the explanation of the Mountain Castle affair.