Sir Neill Garv O'Donnell gave no effectual help against O'Dogherty, and he was really a fellow-conspirator. Lifford, Ballyshannon and Donegal were to be seized by him and his friends, while Sir Cahir took Derry and Culmore, and all plunder was to be divided equally between them. Sir Neill was to have Burt Castle and whatever rights O'Donnell had over Inishowen, as long as he could hold his own. He continued, however, to profess loyalty and to urge his claims over the whole of Tyrconnel. O'Dogherty's country he regained by special grant, but he was an abettor, if not the principal contriver, of the Derry surprise, gave advice about the mode of attack, sent sixteen men of his own to help, and charged O'Dogherty to spare no one. All this was not certainly known until later, and Sir Neill obtained protection from Wingfield, whom he accompanied on his expedition into Donegal. He was soon again in communication with the rebels, was arrested at Glenveagh and sent a prisoner to Dublin, but it was not until June, 1609, that a Donegal jury could be sworn in the King's Bench there. The jurors were Irishmen and not of very high position, for the English settlers and the principal natives had served on the grand jury which found the bill. Davies offered no evidence as to Sir Neill's complicity in the Derry affair, though there could be no doubt of the fact, because it might be held that the treason was covered by Wingfield's protection. There was good proof of the breach of that protection by aiding and abetting the King's enemies, but the jury were shut up from Friday till Monday and almost starved to death. They refused to find a verdict of treason on the ground that Sir Neill had not been actually in arms against the King, and it was believed that they had bound themselves by mutual oath not to find the lord of their country guilty. They were discharged 'in commiseration of their faintings and for reasons concerning his Majesty's service.' 'The priests,' said Davies, 'excommunicate the jurors who condemn a traitor. The Irish will never condemn a principal traitor: therefore we have need of an English colony, that we may have honest trials. They dare not condemn an Irish lord of a country for fear of revenge, because we have not power enough in the country to defend honest jurors. We must stay there till the English and Scottish colonies be planted, and then make a jury of them.' There being no hope of a verdict, the lawyers could only suggest that Sir Neill should be tried by a Middlesex jury as O'Rourke had been in 1591. In any case he should be sent to England, for Dublin Castle was no safe place for a prisoner who was always trying to escape, and who had already been found with a rope long enough to 'carry him over the wall from the highest tower.' Sir Neill went to London in due course, and died in the Tower in 1626.[53] [Sidenote: The effects of O'Dogherty's rising.] [Sidenote: Fate of O'Cahan.]