On the evening of the 7th of February, 1868, he walked into the grocery and spirit shop of Mr. Cronin in Market-street--not to drink whiskey or anything of that sort, for he was a man of strictly temperate habits, and he well knew that of all men those who are engaged in the dangerous game of conspiracy and revolution can least afford to partake of drinks that may unloose their tongues and let their wits run wild. He called for a glass of lemonade, and recognising some persons who were in the shop at the time, he commenced a conversation with them. Only a few minutes from the time of his entrance had elapsed when a party of police, wearing a disguise over their uniforms, rushed into the shop, and commanded the door to be shut. The men inside attempted to separate and escape, but they were instantly grappled by the police. One of the force seized Captain Mackay by the collar, and a vigorous struggle between them at once commenced. The policeman was much the larger man of the two, but the Fenian Captain was wiry and muscular, and proved quite a match for him. They fell, and rose, and fell, and rose again, the policeman undermost sometimes, and at other times the Fenian Captain. They struggled for nearly twenty minutes. "Dead or alive, I'll take you," said the policeman, as he drew his revolver from his pocket. "I have but one life, to lose, and if it goes, so be it," replied Mackay drawing a weapon of the same kind. In another instant there was a clash as of striking steel, and a discharge of one of the weapons. "Good God! I'm shot!" exclaimed Constable Casey from, the end of the room, and he fell upon the floor. Captain Mackay's revolver had gone 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.