On the 28th December James Mountaine was tried, he was defended by the illustrious barrister Isaac Butt who put up a magnificent case in his defence. The jury brought a verdict of not guilty.
Very few records have survived as to the reorganisation of the I.R.B. in Cork between the arrests of 1865 and the rising in March 1867, James Mountaine was active at all times and when the “Habeas Corpus” Act was suspended he was arrested and detained again in the City Gaol and suffered the rigours of imprisonment, however he was not brought to trial and was later released.
On the 11th of April 1868 James Mountaine Jr. his eldest son died, he is buried beneath his father in this sacred plot.
Hearth broken and in ill health after the death of his eldest son, in late September, James was taken ill and confined to his home, six weeks later on the 6th November 1868 James Mountaine died.
The following Sunday the funeral took place from his residence to Father Matthew cemetery, which we now know as St. Joseph’s.