It was considered murder to kill persons not in arms or who had been received to quarter, and this was the general principle on which prosecutions were based. The record is imperfect, but Cox estimated that not above two hundred died by the hands of the common executioner, though many murderers had perished by the sword or by disease. Hearsay evidence was probably admitted to an extent which would not be dreamed of in our days, but trials were carefully conducted, and there were a great many acquittals. Of the original insurgents surviving, by far the most important were Sir Phelim O'Neill, who had lurked in Tyrone since the surrender of Charlemont, where his wife remained. Early in 1653 he ventured, with a view of communicating with her, to take up his abode in an old house on an island in Roghan Lough, near Coalisland, accompanied by Tirlogh Groom O'Quin and a score of soldiers. His messenger was a follower named O'Hugh, who was under protection at Charlemont, and Lord Caulfield's attention was thus roused. The little lake was surrounded and boats were launched upon it, and the island, which was very near the shore, was quite indefensible even against musketry. Sir Phelim surrendered, and was taken to Carrickfergus, where he was very civilly treated by Venables, who had found him a gallant enemy. He was sent off to Dublin and tried there upon the last day of February, his companions, with the exception of O'Quin, being released.[248] [Sidenote: Sir Phelim is found guilty.] [Sidenote: The case of Lord Caulfield.]