When the Stinger arrived at Hong-Kong, Byrne was sent on board the flagship, and after a few days had elapsed, a court-martial was called upon his case. A well-known lawyer offered gratuitously to assist the prisoner, but his services were respectfully declined.
Crushe, the ship's corporal, and sergeant of marines, were the principal witnesses against the man; some petty officers were also examined, but not a word was said that would lead any member of the court to imagine the first lieutenant was anything but a gentle, humane officer.
The man had no defence, nor would he throw himself upon the mercy of the court, all he wanted being to die.
After mature deliberation, the court found the prisoner "Guilty," without the usual recommendation to mercy, and the president passed sentence of death in the ordinary form; adding that the prisoner was to be hanged from the yard-arm, and that the sentence was to be carried out on board the Stinger.
Byrne received the sentence with a calmness which was almost touching; and after bowing to the president was handcuffed, and taken back to his cell.
The chaplain visited the doomed man, but the latter declined his services, observing that he did not require government religion, as his own faith was sufficient to carry him through.
One morning at sunrise the Stinger steamed out of Hong-Kong harbour, with several boats towing alongside. These had brought "black-list men" from various ships in the fleet, who were detailed to assist at the execution of Byrne. Forward on the hammock netting, abreast of the fore hatchway, and over a gun port, a grating was rigged platform wise; to this the fatal noose was secured by a rope yarn, the fall being led across the deck to the starboard side, so that the black-list men could not see the object which they were to run aloft.
When the crew were mustered and duly placed in position, the prisoner was brought up from below, guarded on either side by sentries. As he ascended the fore hatchway his eyes fell upon the grating, but he preserved his coolness, and in fact gave a sigh of relief at beholding it. When he had removed his jumper, the commander gave the order to pinion him. This being done, as far as the arms were concerned, Puffeigh read the warrant for execution, then turning to the man, observed,
"Prisoner, if you wish to say a few words to your shipmates you can do so, but be brief and temperate in your language."
Facing round towards his shipmates, Byrne spoke as follows:—"Messmates and shipmates, I didn't mean to kill Lieutenant Ford, and I willingly die for my crime; but if any of you ever become free men again, tell the world how sailors are treated. Good-bye; God bless and deliver you from all your slavery."