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THE TBIAL . TWENTY-SECO > JD DAY , SinxsG or the Cotrai , Thxtbsdat , Feb . 8 . The Court sat at the usual time , and the Soliciior-Gerenil continned Ms address throughont-the ¦ whole of the day , and had not conclnded when the usnal tone of adjottrnment came lound . He stated , however , that he would not haTe to occupy the Court more than two hows on Friday morning . His address , of eoorse , was on the evidence" adduced , which he detailed at great length , commenting on I ^ and contending thai it fully sustained the charge in the indictment .
TWENTY-THIRD DAY . BlinSG 05 THE CoiTETj FbJDAT , PeB . 9-The Depnty-Clerk of the Crown called over the names of tbe jury , all of ¦ whom answered- " Amid tile most profonnd silence , Toe Chief Justice then commences his charge to the Jury . His Tjordshrp Eaid—It new fell to fcla to make such observations as occurred to him to be submitted to their consideration , upon the manifold circumstances of thiB -very important case , and he -was happy to say , that in conference with hU learned brethren of the bencb , there \ tss a concurrence of opinion existing between them upon the- subject matter -which he should haTe to lay before them . It had been , and was most highly satisfactory to the c * urt , and most creditable to the
jury , to observe the unvaried and constant attention ¦ which they had paid from the beginning to end , to the eircamst&ncBS of this strange and important case . He said strange only with respect to its duration ; for ftifflspif he did not feel that it was a . ease in "which there existed any great difficulty in the law , and upon the lads of which bo intelligent a jury as he had tbe honour of .- addressing , would finally have to announce their "verdict . They had heard , during this long trial , a great deal of eloquence—they bad heard , also , somewhit of declamation—they hsd heard great oratorical powers and powers of reasoning—they had beard a great ceal of what might be deemed poeticand be did not mean to say but they had also heard a good deal of what might be more justly termed prosaic
—( laughter ) . They had beard obserrationB made to them -which he could not help saying , generally , bordered en the vtry verge of impropriety ; but , what was more material , they had heard a great deal which it would be "very difficult , indeed , to . prove was relevant to the subject -b bieh they had to csnsider . There w « re many observations made both as to the law and tbe feeis- On the latter subject they were the constitutiocil judges to determine , and to come to a just conclusion- The ls . ^ of the ease they would take from the Conn , the Jniges of which were constitutionally entrasied with t cj administration of that law * booed to administer it under the mest solemn sanction , and independent alike both of the Crown and of the People . The * , the Jndges ) , therefore , sat there in the Court of
Queen ' s Bench binder the same obligation as that under which the Qae * n held her crown , to administer justice Witt mercy , according to the laws of the land . There were , as they knew , eight traverEers then upon their trial—Mr . Diniel OConnell , 3 Jr . John O'Conuell , Mr . Thomas Steele , Mr . Thomas Matthew Bay , "Mr . Cb ^ es Gavin "Duffy , the Biv . Thomas TiEraey , Dr . J in Gray , and Sir . Richard Barrett . Those Traa the several traversera upon their trial , and be teld in his land the abstract of the indictment upon Which they were charged , and to which they had respBC&rely pleaded " not guilty . " They were indicted for conspiracy to raise and create discontent and disinfection amongst the Queen ' s subjects . The particulars of the alleged objects of this conspiracy it was very
material for them to keep in mind . Perhaps they might have , in coming to their "verdict , a necessity to distiEgaiEh with regard to the -several traverse ™ , or some of them , in respect to the nature of the conspiracy , which was charged against one and all of them . The first const then was for conspiring to raise and create disceEttnt and disaffection amongst tha Qbeen ' s subjects , and to excite them to hatred and unlawful opposition to the Government and constitution of the land . The second coi : nt was for conspiracy to stir up jealcnaes amongst tbe Queen ' s subjects , asd to promote 111 will toother subjects of the Queen , especially ¦ with regard to Ireland against England . The third count was to excite disaffection in the army . The fourth was , to collect unlawful assemblages in large
imicber 3 in IreJsnd , in order to obtain a change in the laws sad constitution by intimidation , aid the demon-Htratfoa of force . The fifth was to bring the courts of jtatice , as established by law , into disrepute , sad with tbe intention to induce tbe sutjectB of Her Majesty to submit their disputes to other tribunals , and to icdi ^ e the Queen ' s subjects to withdraw ihe setttemert of their disputes from the tribunals by law established , and to resort to other modes of adjudication . From what has been stated to you , the indictment consist of eleven counts . The first count , containing all the several charges of conspiracy that he had enumerated to them , accompanied with divers and singular overt ads , or means by which those objects Were to be csrried into effect . Overt acts were not
part of a ccEspiracy , but were inserted in ths indictment aa statements " of the evidence by which tbe charge of conspiracy was te be supported . Gentlemen ef the Jury , those ov £ rt acts were introduced into the indictmtnt for tbe purpose—the laudable purpose—of giving the jartitsvbo were accused of a conspiracy , notice of the parteolar facts by which the Crown intended to support tbe charge of consiracy in qnestiea . Those overt acts were sow in evidence , but tbe question was not so much as to ihe existence of particular overt acts named , as to the conspiracy of which they £ re stated in evidence ; t-nt it was rot npon the effect of the evidence , but upon its results , they would have to decide ; and ihey wculd have to say not whtther a particular ovtrt act took place , but whether the parties accused were
guilty of a conspiracy or not They would now see how toj irapoitani it was in the outsit that they jiionld tike into their consideration -clearly the several particulars of tbe alleged conspiracy . It was , as he had Htattd to than , or might be considered to be consisting of fife parts . First to create discontent and flistffcctscii between tiia Queen's Eubjecta , and to esdie them to hatred and unlawful opposition to the GovsriiiEent and Constitution of the country . Secondly , \ o stii up jealousies among tbe Qaeea ' s £ ubjects , and promote ill-will from one class against another , tspeci r lly from Ireland against England . Thirdly , to excite difsffrcnon in the army . Fourthly , to collect unlawful aase ; . blies in large numbers in Irrland , in order to obtt n chances in the law and constitution " of the coun
try , : > y intimidation and the demonstration of physical fore * . And fifthly , te bring the courts of justice , as estelflishfcd by law , into disrepute , and to induce the EuVj trts cf tbe realm to submit their differences to other trjcutils . Now , it was a conceded fact in this case , that tbe indictment upon which tbe traversera were Jbroii ^ ht to trial , and to which they had pleaded , conisied only of an offence of one nature ; that was to asy , It might have different branches , as be already stated ; but still , npon the whole , it was-an indictment fora conspiracy and for nothing else . There was no indictment against any of the travereers for a libel—there was no indictment against any of them for sedition , nor on acy other unconnected or separate breach of the law . Ihey were , one and all , united in the charge of
conspiracy , of which no individual could be by law convicted , urless it was proved to the satisfaction of the Jnry that he had been acting in concert with some other peraon er persons . An individual of himself could "not , per se , be found guilty , unless he joined somebody else to commit tbe crime of conspiracy . He might 1 ) 9 guilty of any one of a numerous other class of effaneee of which men were daily gnilty ; but for the conviction of any one or more persons for a conspiracy , the law required that a jury should be satisfied that Sbere was a concert between tiem either for the purpsse of doing an illegal act , or else for the purpose of doing , or causing to be done , an act legal in itself , but te be brought about by illegal means . Jfow , he took that to be the definition of conspiracy , which according
to the law , he could not only safely , bui which he Ibon ^ ht he was bound to put to them . They would Bee that in that definition he did not include , as a component part of the crime of conspiracy , either tbe existence of treachery , as was insisted on by Mr . Fitzgjbbon on the first day of his address , nor the existence of secrecy , which he insisted upon on the second day , and which was afterwards reiterated and repeated by Mr . O'Connell , the traverser , when he addressed tiem , as he was entitled to do , Ih his ows defence , ana stated bis case to them . In bis opinion—and in tbe opinion of the Court—it was a mistake in law to say that , in order to establish a conspiracy , it was neces Eary for the Crown , or prosecutor , to prove the existence of either treachery or of secresy , in ordei
to complete that charge . He did net mean to say that treachery and secrecy did not often concur in the oistence of vsrious conspiracies ; but he denied altogether that it was the law of tMs ceuntry ihafc tbe existence xA one or either of such ingredients should be proved , in order to constitute the crime of conspiracy . He did not know very well how to designate the disagreeable Idea which ba 4 connected itself with the term conspiracy . Perhaps it might be found in Johnson ' s Dictionary , from which Sir . O'Coeaelltodkit ; perhaps it might be found in some other common or ordinary book , from which Mr . Titegibbon derives bis notion of treachery ; hut , in common parlance , something disreputable , or bordering upon infamy ; and as such "was alleged by Ihe traversers and their counsel , from which they were called upon to beware and ponder before they would find the
tra-Trersers or any one of t ^ n" guilty of that infamous crime . Jfow , whether that infamy did connect itself With She charge of conspiracy or sot , it did not at all ¦ ome within the legal definiSos of it A conspiracy might exist , and men might be guilty of a conspiracy without having been guilty < £ treachery , or without ttoie deeds of ; darkness which Mr . Shell insinuated Vere necessary , and constituted part of tee crime of conspiracy . ' Secrecy might sot unfrequently be found to-aeeompany a conspiracy—but it is not , by say means , a necessary ingredient of the crime . Nzj , XflOT « £ he would farther say ; that if secrecy were necesaary { and by this be did not mean to anticipate—God forbid lie BhouM ^ -Ooe -way or ttestber—the concliQjon at which they : aughfe find thenuelves honed in con * science to arrive)—bat he would say , that if secrecy Were a necessary ingredient in the crime-of conspiracy , 2 * s crime charged . in the present indictment might
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have bean carried on from its commencement to its consummation , and the parties concerned could never be disturbed in their progress , or be brought before any tribunal on a charge of conspiracy .. He bad said this in order to exemplify his view of the principle generally , rather than as bearing on the present case ; and in what he had said 1 st it he rejected from their minds ones for all , that h » was giving anything like an opinion , or anything bordering ouaa opinion , with regard to the facts of this case , which would be entirely for their decision . Secrecy seed not be necessary for a conspiracy , if the parties conspiring agreed together for the common object of overawing the Parliament of the country , and spreading terror and alarm amongst the Queen's subjects , by collecting
together in the op « n day large bodies of people . In a conspiracy of that description , secrecy was not a necessary ingredient ; nay , on the contrary , tbe more numerous and the more public were tbe assemblages convened for such a purpose , the more likely were they to accomplish the end of the . patty who called them togetherthey thus proving part of the crime with which he was charged ; his object being all along to ereate terror and intimidation , and to overawe tbe public , which object would be brought about more effectually by a public demonstration , than by secrecy or concealment He put this to them merely as a suppositions case , to show the fallacy of those who had insisted that as a necessary ingredient in the charge of conspiracy , there should be established to the sattfaction of the Jury
an evidence of secrecy . A great many authorities had been cited by Sir . Fibgibbon , in the course of mis argument , both oa the first day when he insisted on the existence of treachery—and on the second day , when be insisted also , or perhaps as the alternative , on the existence of secrecy . He had looked into those authorities—and he was bound to say , that they did not support the proposition in proof of which he had' adduced them ; and he would say further , that he was somewhat surprised at the statement which the Learned Gentleman had made with regard to some of the cases to which he had referred , as though they contained any grounds for the introduction of any such , proposition . He ( the Lord Chief Justice ) had looked most carefully through them all , and without troubling the Jury with a recapitulation of those
several cases , be was bound to say that , in bis judgment , and in the opinion of the Court , there was not one of them that supported the proposition for which they were cited—namely , that in order to substantiate a charge of conspiracy , either treachery or secrecy was necessary . He bad already stated to the Jury the definition of conspiracy as the Court held the law to be —namely , that it was a mutual concert er design to bring about an end illegal in itself , or else a mutual concert to bring about an end abstractly legal in itself , but which it was designed to accomplish by illegal neans . That was a conspiracy , and that , they saw , would include within it , wherever they existed , the charges of treachery or of secrecy , notwithstanding that they might not be specifically defined ; hut hen it should be remembered that they were notaeos . * - Barily essential ingredients for tbe existence of a conspiracy .
TWENTY-FOURTH DAY . SlTTIKG 01 THB COURT , SaTDBDAT , Feb . 10 . The Court sat this morning at ten o ' clock . . The Lord Chief Justice , before he resumed bis charge , said , it had occurred to him , that some of the remarks which he had made on the previous day touching tbe law of conspiracy , and especially in allusion to Mr . Fitzjibbon ' s exposition thereof , might have been construed into expressions of personal disrespect to that gentleman ; an idea which he utterly disclaimed , and he look the opportunity of saying , for Mr . Fitzgibbon himself , and for his private and public character , he entertained a yery great esteem , if the Learned Counsel would give him leave to say so . As to his talents , his industry , and Ms acquirements he held them in very great respect . Mr . Filzribbon did not make any remark .
The Lord Chief-Justice resumed bis seat , and continued his charge . His Lordship said , as a further instance of the power and weight of the association , and of its formidable character in respect to those who do not belong to it , besides the income they derive from different persons who havo become members or associates of it , he would call attention to the circumstance of the large sums ef money which were contributed from various places , both abroad and at home , swelling to a great magnitude the fundB , or the exchequer , as he believed Mr . Duffy bad called it , of the association . It was in proof that large sums had been contributed in Ireland , England , and other countries , and ( said bis Lordship ) we have for this tbe incontrovertible evidence of Mr . O'Connell himself , different members , and from the
proceedings of the association laid before you ; and , when Mr . O'Connell spoke of tbe force ha had at his command , and of those who acted under bis control , and which be did on xaore than one occasion , be takes tbe opportunity of recording the increasing amount of funds which he did receive , or which vat received by the association , from the sympathy aud support of America . Ibb association thus organized , thus disciplined , thus provided with funds , with numbers uDexunpled , is tbe instrument in Mr . O'Connell ' s hands for working out that which he professes to be the end and object of the association . He and the other traversers , by their various counsel , say , that all this is legitimate , and that , inasmuch as they have a right to complain of the existence of the Union as a grievance , they have a right , by all
legal means , to get rid of the existence of that grievance ; and , so far , the Attorney-General concurs with them ; and the question merely between them is , whether the means resorted to in the furtherance of ike objects of the traversers be or be not legal means ; or whether , in pursuing their objects in the meaiures which they adopted , they have not agreed and concurred to transgress the law in tbe manner in which the Attorney-General accuses them in the present indictment . Now , as far as I know , tbe legal means would be by addresses to tbe Qn ^ en or to the Parliament , as by law established ; therefore they would be entitled , by the introduction of free and fair discussion , to seek what appears to be tbe object of the traversers , with regard to the question of the Union ; but , to do
this , there must be no intimidation ; that is inconsistent with free discussion ; there must be do demonstration of physical force , for tbe purpose of overawing or intimidating her Majesty ' s Ministers , or those who have tbe direction of public affjirs ; and , still less , they have not a right to take the law into their own hands , and , by their own act , make an alteration in tbe constitution or laws of tbe country different from that which exists since the Union , a law which has been passed by the Sovereign and the Legislature of the country at the time . Kow , having called your attention to tbe state of power , and organization , and discipline to which they carried the association and its connections , see what their acts are , in furtherance of what they call their legal
intentions of carrying out their objects . The next instrument I call your attention to was a document laid before the Association on the 23 d August , 1843 , and it is called a Plan for the Renewed Aetion of the Irish Parliament . Now , I have already pretty explicity told you , that , as long as the Act of Union remained unaltered by the proper authority , the Queen was bound by her coronation oath to support it ; and no set of persons bad a right , either by demonstration of numbers , or power or otherwise , to attempt to make an alteration in that law , except through the medium of the legitimate authority , the Sovereign and Parliament of the country . The Lord Chief Justice proceeded to read the Plan " of the Association ' for tbe Renewed Action of the
Irish Parliament" , and put it to the Jury whether the language was not rather that of demand than petition . Having read the s&veral articles of tbe plan , which set forth , that tbe people of Ireland firmly insisted on the restoration of the Irish House of Commons , and conclnded with a paragraph ; saying , that it was to be " carried into effect according to recognised law and strict constitutional principle " , tbe Lord Chief Justice said what that might be was not strictly defined , " nor , ' said he , " do I see how such a plan , essentially in opposition and violation of the coronation oath and to tbe Act of Union , as at present existing , could be carried out * according to recognised law and strict constitutional principle . ' It is utterly impossible to carry it out in tbe existing state of things . There is
a way | in which the Union may be altered -, if the Legislative wisdom of the country , together with tbe Crown , BbDuld thick fit to do it ; that is , if the Parliament of the United Kingdom , with the concurrence and sanction of the Crown , think proper to pats a sew Act of Paliament , either by repealing the union , or modifying it as it at present stands , with regard to tbe connexion betwen Ireland and Great Britain . This is the legitimate mode of doing it ; but , as long as tbe law stands as at present , there is the Queen ' s Coronation oath to be violated , if tbe thing be attempted to be otherwise done , and there most be the violation of the statute of the 40 th George UJ . Now , there is no attempt made in the way of petitioning the Queen ; there is no statement recommended in this plan ; no petitioning ; nothing of
the kind is attempted . But we have the demand of the people of Ireland , a people organized and disciplined , to have it carried into effect , according to their wishes , by whom or how I do net know , nor does the plan specify . However , Gentlemen or the Jury , that plan was laid before the association . There is no statement that that plan was rejected . "What was the association doing when this authoritative demand on behalf of the people of Ireland , as recorded , was made ? Why , Gentlemen of the Jury , they were engaged in what—I cannot submit to you its true character they were engaged in a contrivance of what , perhaps , they wonld allege a peaceable mode of obtaining public opinion , and introducing , or spreading , free discussion en political subjects . They thought proper to have assemblies or meetings held in different places in
Ireland . Now , those meetings are called by Mr . O'Connell 'nonster meetings' ; and , though it ii not admitted here that he or the association called more than a few of those monster meetings , yet you will see , Gentlemen of the Jury , by the repeated declarations of Mr . O'Connell himself , that he , or ¦ we ' , that is , he or the association , did call those meetings . Was not this another way , asd a sore public way , of demonstrating the existing physical force and powerful strength of the Irish nation , banded together by the ties of the association , for the effecting their object by such means as the Attorney-General has mentioned ? " The Lord Chief Justice proceeded to remark on the character of the 11 monster meetings "; the numbers who attended them ; their array ; and -the bands of music and banners which accompanied them . He then adverted to'the speeches , particularly those of Mr . O'Connell , and said , you wi ] l
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see , Gentlemen of the Jury , from the nature of tbe speeches , the traversers were acting in pursuance and promotion of a common design , and that design a criminal one . It will be for you te judge on this point His Lordship proceeded to select from tbe speeches proved passages , to which he directed the attention of tbe Jury ; and , in reference to the speech at Mullaghmast , on the 16 th of May , said it was printed , published , and commented upon in Mr . Barrett ' s paper , tbe .. Pilot . His Lordship also read speeches from Dr . Gray ' s papor , the Freeman ' s Journal , which led to a slight altercation between bis Lordship and Mr . Fitzgibbon , who said he had not read a single passage from tbe Freeman . His Lordship , having the evidence of his notes , differed from Mr .
Fitzgibbon , but remarked , that it was immaterial , as tbe Freeman was in evidence for the Crown . After reading numerous extracts from Mr . O'Connell ' s speech , and pointing out the frequent repetition of the story of tbe butchery of tbe Wexford ladies , and the inflammatory effect of such a story , and the comments by which it was accompanied , bis Lordship read the following passage . — " I have made arrangements to ascertain what part of Ireland ought to return members to the Irish Parliament I am getting returns of notices , and , whenever the Queen's writs may issue , it will be only necessary to put a bit of wax at the end of a piece of parchment , and we sball have a Parliament at once . " Mr . O'Connell and tbe Queen , I suppose , are going in concert together , for tbe purpose of violating the
coronation oath . ( His Lordship read further extracts from the speech of Mr . O'Coonell , and continued . ) There is the language used by this gentleman at that assembled meeting at Connemara ; and it is for you to say , gentlemen , whether that is the language of calm and rational discussion , or whether it is a show of defiance , the boldness of a man exulting in tbe great power of tbe Irish people , which he said he bad tinder his control , at his beck . And for an individual thus to proclaim the power that be has over those countless multitudes , in order that it may be exhibited to tbe English Minister , as he says himself , is that to intimidate , or is It to discuss freely a particular question ? I wish to call your attention , as we pass along , to the evidence of Mr . Jackson as to what took place at one
of tbe meetings of tbe association , held » a the : 21 th of August , 1843 . You , will see and judge whether this be consistent with and a combination of tbe same sort of threat and intimidation that had taken place before . Mr . Jackson's evidence of what Mr . O'Coanell said is this : — "The people of Ireland were accused of being disaffected . He admitted they were disaffected , and they were now so circumstanced that if tbe Union were not dissolved , he much feared that a sanguinary war would afterwards lead to perpetual separation . " Is that a threat , or free discussion 7 There was no imputatior on tbe correctness of Mr . Jackson , as it regards that sentence . Mr . O'Conuell said he ( Mr . J . ) bad made a mistake of a word in tbe next sentence , and therefore I won't read that , because it is better that nothing of a
questionable nature should go before you in the way of evidence , if ths same matter can be laid before you satisfactorily by evidence that bears no imputation . I will close what I have to Bay on the subject of meetings with tbe great meeting which took place shortly after the delivery of the Queen ' s speech at the closing of Parliament That speech is not in evidence , but was adverted to by the traversers in many of their speeches , and , further , that you ore not to take into your consideration what were tbe words supposed to have been delivered by her Majesty on the 25 tb of August Some short time after that it was determined by the association that another great monster meeting should be held in tbe county of Kildare , at a place called Mullsgbmast This meeting was expressly got up under tbe direction
of Mr . O'Connell and the association . Tbe printer of the association has been produced aod examined as a witness before you , and he has deposed , amongst other things , to his printing , by tbe direction of Mr . Rsy , tbe secretary of the association , about 2 , 000 of what is called the yellow placard , calling the province of Leinster to attend that meeting . " His Lordship then proceeded to read the placard , and , when he came to this passage , " The province will declare for Repeal , " he observed , " They will declare for Repeal , not that they will petition for Repeal . " Having read the remainder of the placard , his Lordship proceeded— " This document is not equivocal . There were assembled there on that day thousands upon thousands , equal , in point of numbers , to tbe vast scene of persons who assembled on the Hill of Tara . That
overflowing multitude who came there were attended by bands and flags ; and the cavalry , I must presume , mustered at tbe place appointed . They began to assemble at an early hour ; for , the millions , the hundreds of thousands , at least , could not be brought together without notice . It was the most complete demonstration that took place ; it was a demonstration of physical force . On the morning of the meeting there was circulated a document This paper is proved to have been circulated among thousands of people , and it is remarkable of this celebrated paper , that Mr . O'Connell did not prohibit the vending of them . Two thousand , at least , it was proved , were circulated among tbe assembled masses ; yet there was not a hand uplifted to prevent the circulation of this nefarious document It described
that the two sects of ' O'Moore and O'Connor were invited to a friendly conference on the Ruth of Mullaghmast , by tbe English , and that , when they went , confiding in the olive branch of peace , they were treacherously murdered . '" His Lordship read Borne farther extracts , and then took up the case as regards the newspapers , beginning with Mr . Duff / , of the Nation , and , subsequently , referring to the case as affecting Mr . Barrett , of the Pilot . His Lordship then called attention to the papers and addresses adopted by the Association , took a brief Tevlew of tbe duties o ! the judges and of the jury , and then went shortly over the charges against the travereers , showing the jury what the crown bad undertaken to prove . The defence o ( the traversers was , that their designs were not criminal ,
that they bad grievances , and had a right to lay them before the public , though it appeared that , in so doing , they had to attend multitudinous meetings . If tbe jury should be of opinion tbat such were the designs of the traversers , that they had no criminal means for the furtherance of their objects , they were bound to acquit them . If , on the other baDd , they should be of opinion these were not the real objects of tbe Association , and of the persons charged as traversers , bat that , whatever , their apparent designs might be , if they bad , in fact and in truth , the criminal intentions tbat had been attributed to them by the crown , and if the jury were satisfied tbat the traversers , or Bomo of them , in furtherance of this design , acted in common concert , then , in
such case , they would be bound conscientiously to and , tbem guilty of the conspiracy in which they found them participators . The Lord Chief Justice alluded to the appeals that bad been made on behalf of the traversers , sometimes to tbe feelings , at others to tbe apprehensions of the jury , by gentlemen of great ability ; but , he said , they were to hold themselves as entirely indifferent parties , and remembering only the evidence and the oath they had taken , give a true verdict . In drawing tbeir conclusions and finding their verdict , they . would attend to the evidence before them , and let it ba conformable to the dictates of their reason and their conscience , and he trusted that the Lord who ruled over all would enlighten their direction . His Lordship intimated that he had no more to say .
THE VERDICT . The Chief Justice having finished his charge to tbe Jury , the issue paper was about being handed to the Jury , when ¦ Mr . Henn asked to be permitted to see it The Foreman said , the Jury felt very much fatigued , and wished to know whether it Wonld be necessary for them to go into the consideration of the case tonight The Chief Justice said , that after the charge had been delivered it was not possible to allow ths Jury to separate , They might retire to tbeir chamber , but they should remain in the custody of the sheriff . Mr . Justice Crampton said that they should be supplied with every refreshment they required . The Jury then retired precisely at half-past five o ' clock .
Mr . Henn submitted that there was no evidence of any act being done within the county of the city of Dublin , and the traversers were entitled t » have his Lordship ' s direction for an acquittal upsn that point The Chief Justice—Where ar * the meetings of the Association 1 Mr . Henn—There is no evidence of their being held in the county of the city of Dublin . Mr . Justice Crampton took a note of the objection . Mr . Justice Perrin , then stated , that the Judges were only about retiring to their chamber , and was leaving the court , when The Foreman returned and said , that the jury required the documents which had been given in evidence . By the directions of his Lordship , the Deputy Clerk of the Crown was about handing the copieB to the foreman , but
Mr . Moore , Queen ' s Counsel , rose and said , that , on the part of tbe traversers' counsel , he had to state that they were quite satisfied to permit the whole of'the documents to be given to the jury ; but he was instructed that marks and scores had been drawn under particular parts of some of them , which would have tbe effect of drawing the attention of the jury more particularly to such parts than to others ; aud he did not think that such documents should go before the jury . Me Justice Perrin . —See if that be so .
The officer then commenced to examine all the documents , an operation which consumed about a quarter of an hour , during which an animated cross-fire was kept up between the counsel on both sides , Mr . Shell being very conspicuous from bis solicitude to have a copy of O'Connell ' s speech in 1810 delivered in evidence . It at length appeared that the Crown Clerk had sot got some of the documents given in evidence on behalf of the traversers amongst the document * which he ought to have banded up . Mr . Moore said , my Lord , it seems that the Cletk of tbe Crown has got a parcel of documents , containing the whole of those for the Crown , and only a small portion of those in evidence for the traversers . In reply to Mr . Justice Perrin ' s questions aa to how that occurred , The Deputy Clerk of the Crown stated , that he could not help it , as they were taken from him as soon as he had marked them . Mr . Henn declared that they had handed them in , and not received them since ,
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Mr . Shiel said , that the jury should get all or none of the documents . Tbe Attorney-General . —All the documents on the Crown side are forthcoming , and they could not be expected to be responsible to ths traversers for the production of theirs . A long discussion was about to take place here , but it was checked by Mr . Justice Crampton , who returned to relive Judge Perrin , and another quartet of an hour elapsed in wrangling and sotto voce consultations . Mr . Forde ( one of the solicitors for the traversers ) said , that the documents had not been seen by the travelers since they had been given in evidence ; but he was ordered to " Hold his tongue" by Judge Perrin . ' The Foreman was informed that he might retire , as the documents were not ready , it having been discovered that Mr . Vernon , or the Stamp-office , bad taken seme of them .
Some more time was spent in waiting till a messenger brought the papers from the Stamp-office . Mr . Whlteside and Mr . Henn then asked to have the paperB laid on tbe table , that they might examine them , and protested against any being sent up to the Jury till the Counsel for the traversers had seen them . This request , after some unavailing opposition from the Crown , was acceded to , and a dose scrutiny took place with respect to these papers , when at length Mr . Whiteside deteoted some little scores and crosses on one of the copies of the Nation , the parentage of which was repudiated by Mr . Bourne . Mr . Moore then said , that they had found some passages marked by the Crown on which they relied , and snbmitted that papers so marked should not be given to the Jury .
Mr . Justice Cramptan thought his request reasonable , and directed the Sheriff to inform the Jury to that effect , and in reply to a question from the Crown side , stated that be bad ordered the Jury to be confined in their room under care of the High Sheriff , but had taken care that they should be provided with some refreshment of a temperate character . ( Loud laughter . ) The Court would wait in their chamber to a reasonable hour , when they would send for the Jury , and if they found it improbable that there would be a verdict , weuld direct them to be taken charge of by some bailiffs . After some farther discussion his Lordship retired , and at half-past seven o ' clock returned for the purpose of having the ! bailiffs sworn , and adjourned the Court till nine o ' elock at night
: The time between the adjournment and nine o'clook was spent in a manner but little suitable to the solemnity of the occasion . The Court throughout the time was packed to suffocation . The majority of those assembled appeared determined to amuse themselves as best they might ; and bo the interior of her Majesty ' s Court of Queen ' s Bench for an hour and a half very much resembled that of a minor theatre between the acts , when the audience is at once very noisy and very facetious ; personal allusions to officers of the court or individuals present , imitations of the various degrees of merit of the crier's voice , false alarms of the Judge ' s arrival , and betting with every variety of odds and amount on the result of the trial ; formed
a Babel of rounds which effectually drowned all tho efforts made by the officers of the court to silence it . Outside an angry and anxious and excited crowd had been forming , every minute adding to Ha numbers , until tho Round Hall was filled with a solid mass of human beings , and the outer squares became impassable save through avenues of policemen . The quay outside the Four Couns was packed in the Bams manner by the people who passed their time in scoffing at the police , or discussing the proceedings at the trial with great ze and gust A body of mounted police patrolled through their —ysses to keep the carriage-way a little clear , whilst divisions of the same force were drawn up at intervals along the Quay Wall .
At length , Mr . Justice Crampton entered the court at about a quarter past nine o ' clock , and , attired as he was in plain clothes , took his Beat upon the bench . All the law officers and counsel on the Crown side , as well as those engaged for the traversers , were previously in attendance . Tbe jury having been sent ; for at halfpast nine o ' clock , Tho Foreman entered and said—My Lord , we are not quite ready . ( Marked sensation in the court , as the words showed that there would bo a verdict some way or another ) . . Mr . Justice Crampton—Very well , gentlemen , we shall Wait for yon .
His Lordship and the foreman then retired , and again the came busy hum sounded through the court as before ; and tbo audience , to make up for the seriousness of the previous five minutes , became more noisy and facetious than ever . The character of tbo betting was changed , and one of tbe junior counsel for the traversers was heard to bet 5 to 1 in favour of Carrickfergus against Kilmainham Gaol , as the future place of durance for his clients . Tbe time wore heavily on till ten minutes to eleven o ' clock , when Judge Crampton returned to the court , and directed the jury to be summoned . : In a few minutes the door was opened , aud the Jury entered amid the profoundest silence .
The Foreman—( addressing the Court ) . —Are wo to give our verdict upon each count of the indictment , my Lord f Mr . Justice Crampton—Yes , Gentlemen . The Foreman—And ore we obliged to give . a verdict on every count , whether agreed or not agreed ? Mr . Justice Crampton— Certainly . Mr . Hatchell , Q C—Not if they are not agreed on every count , my Lord . They cant , if they are not agreed . Mr . Justice Crampton—Pray understand me , Gentlemen . If you are agreed upon each count , or upon all the counts , you have only to say guilty or not guilty , according to your verdict . If you agree upon some and
not upon others , yon will state those upon which you are agreed , and also the names of the Traversera with respect to whom you have agreed . : The Foreman—And take no notice of the others ? Mr . Henn—There must be a finding on the others . Mr . Justice Crampton—Certainly . The Jury then withdrew , and His Lordship after a pause of a few minutes , said—I am disposed to think that if the Jury were agreed on certain counts , and not upon others , I should bo at liberty to receive their verdict so stated . . Mrt Moore—I think we bad better wait , my Lord . Mr . Justice Crampton—JuBt so . I merely threw that out for your consideration in the meantime .
Another aDxious and more solemn interval elapsed till twenty-five minutes past eleven o ' clock , when the Jury entered their box amidst the most profound stillness , the foreman holding the issue paper in his hand , which was handed down to the Clerk of tbe Crown , who then proceeded to call over their names and those of tbe traversers . There being no response to the name of "Daniel O'Connell , " ! The Attorney-General rose and said , that he had to raovd that the traversers should be called upon their lecognizances . { ; Mr . Forde . —I appear here for Mr . O'Connell , My Lord , I will send for him if Mr . Attorney desires it . Mr . Justice Crampton . —Will it not amwer for Mr . O'Connell to appear by attorney ? The Attorney-General—It is not with any view to harsh steps tbat I move they should be called upon their recognizances , but as a matter of regularity .
Mr . Gartlan—It was understood that Mr . Duffy should not be expected to appear . Mr . Justice Crampton—It is only a matter of form Mr . Gartlan . [ The travelers were then severally called upon their recogniauices , when it appeared that Mr . O'Connell , Mr . J . O'Connell , the Rev . iMr . Tierney , and Mr . Duffy were absent ] The Clerk of tbe Crown ( turning to the jury-box)—Gentlemen , are you all agreed ? The Foreman—Yob . ( Sensation in the court . ) The Clerk of tbe Crown ( reading the issue paper )—Gentlemen , you say nothing on the 1 st or 2 nd count . On the 3 rd you say , Daniel O'Connell , B . Barrett , and C G . Duffy are guilty . Mr . Justice Crampton—If there be no finding on the 1 st or 2 nd counts , the verdict is imperfect
The Foreman—We consider that they were too comprehensive , my Lord , as the 1 st included all the others . The Crown Clerk . —On the 4 th count you say D . O'Connell . J . O'Connell , T . M . Ray , J . Gray , T . Steele , C . G . Duffy , and R . Barrett are guilty . On the 6 h you . say D . O'Connell , T . M . Ray , T . Steele , C . G . Duffy , and the Rev . T . Tierney are guilty . Oa the 6 th , there is no finding . On the 7 th , all but Mr . Tierney guilty . There is no finding on the 8 th or 9 tb counts . On the tenth you have found D . O'Connell , J . O'Connell , T . M . Ray , X . Gray , T . Steele , C . G . Duffy and R . Barrett are guilty . Oa the 11 th , there is no finding , but only the foreman ' s signature .
Mr . Justice Crampton . —This verdict is imperfect , as I take it , Gentlemen , and you must have it returned to yon . You have named certain traversers as guilty on some counts , not naming the others ; now , you ought to say " Not guilty" to those whose names you have omitted . With respect to those Counts en which you have made no finding , you should state whether you are agreed or cot , or whether you tfeink the traversera or any of them guilty or not guilty , stating the names in each case respectively . With respect to those whom ypu have not named , you must state that you find the traversers not gnilty , if it be your intention so to find ; or if your meaning in passing them by is that you ate not agreed , you must so state it Now , in the first count , you should state on how much of it you find the traversers , er any of them , guilty or not guilty , naming each on both findings . The Foreman said , that they thought tbe first count too comprehensive .
Judge Cramptcn and the Attorney General instructed the Jury that the first count contained all the charges of the indictment , and that the others merely took it to pieces . A Juror—Will it be enough , then , to say , " Not Guilty , " if we do not find the txaveraers guilty of all ? Mr . Justice Crampton—Certainly not , but to so much of it only as you do not find the traversers guilty of . At this moment a tremendous burst of cheering from the mob outside , repeated again and again , broke in upon the silence of the court Some practical joker had told them that O'Conndl was acquitted , but the High Sheriff ordered the police to clear the hall if it were repeated .
Mr . Justice Crampton continued—If you are not agreed as to any of the traversers you mart so state it . and mention tbeir names .
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Mr . Floyd ; a Juror—My Lord , we are all agreed . There is no difference of opinion among us , and it is merely as to the wording of the findings that we are not Bure —( Sensation in the court ) The Attorney-General was about addressing the Court , when Mr . Moore , interrupting him , exclaimed—Pray let tbe Jury retire , Mr . Attorney , before you speak-The Attorney-General said , that other counsel had addressed the Bench while the Jury were in court , and ( the Jury having retired ) continued to make Borne observations ion tbe first conut , which he wished to have laid before the jurors . Mr . Justice Crampton said he had already explained the nature of that count to them .
Mr . Moore isaid that he had , on the part of the traversers , to object to the directions which he understood bis Lordship '; to bave given to tbe Jury , on tba ground that be had ^ directed them to give a finding on every count , whereas tney could not do so on those whereupon they were not agreed . Mr . Justice Crampton—They do not disagree on any fart , Mr . Moore . Some further discussion ensued upon this point , the counsel for the traveraeta making ail sorts of little quibbles , when at a few minutes before twelve o ' clock . | The Attorney-General rose and said , that he thought that the Court should be adjourned till Monday morning , as after twelve o'clock on Saturday night he apprehended the verdict could not be received by the Court . He , therefore , thought it right to state that he thought tbe Court should adjourn .
Mr . Justice ' Crampton observing that it was not twelve o ' clock , directed the Jury to be summoned at once , and asked was it quite certain tbat the verdict could not be received after that hour ? The Attorney-General in reply said , that in a case of such importance , for fear any doubt should arise , he certainly did think the Court should adjourn . The Jury entered their box , and the Foreman said that they were hot quite ready . Mr . Justice Crampton advised them to fee in a hurry , as it j was close to twelve o ' clock , and they retired hastily , followed by a peal of derisive laughter , i Mr . Justice' Crampton—This noise and laughing is extremely indecent , and I must exercise the authority of the Court if such a breach of order and decorum be again committed . His Lordship appealed to both sides to know if some consent could not be arrived at to receive the verdict , er to let the Jury go home .
Mr . Hatchell would reserve any point that might arise npon receiving the veidict after twelve o ' clock , in favour of tbe traversers , and ' The Attorney-General said , tbat he could not agree to permit of the Jury separating . Mr . Justice ' Crampton made another attempt to bring matters to an issue , and asked the Attorney-General if he was . perfectly sure ] that thejverdict was not receivable after twelve o ' clock ? The Attorney-General did not know . He was not aware of any precedent npon the point , and would not go the length of saying that the verdict weuld not hold ; but he thought it the safer , course to adjourn . i
Mr . Justice Crampton , for his own part , would not object to receiving it upon his own responsibility , though he could not say if he had ever taken a verdict af ir twelve o'clock on Saturday night , but was sure LL ^ t he had done so on otherdays . He wanted every thing te be done according to law ; but he thought both sides should consider the great inconvenience that would result to the twelve gentlemen on the Jury from being confined that night and the following day until Monday morning . To some of them it might be fatal . He wanted to know if there were a necessity for such measures , for- they were not at all advisable if there was no necessity ? The Attorney-General persisted in bis request for the adjournment of the Court
Mr . Justice ; Crampton several times repeated his request to be informed if the adjournment and consequent confinement of the jury were necessary , but did not elicit any answer on tbe point from the Attorney-General , and , turning to Mr . Moore , asked , " What do yon say ? " j Mr . Moore-j-Nothing . my Lord —>( titterlngy . Mr . Justice' Crampton—You do not much commit yourself , Sir . j Mr . Henn , Queen ' s Counsel , after some consultation With his Learned Brethren , said he did not object to a verdict being recoired after twelve o ' clock , nor yet did be consent to it Mr . Justice Crampton complained , that be could get no information from either side . The Attorney-General said he was willing to give all in his power ; but tbe case was a singular - one , and lest an objection should be raised hereafter , he thought it the safer plan for the Court to adjourn .
Mr . Justice Crampton said , that he would not discharge the j ury , as it aeemed to be against the opinion of both the Crown and tbe traversers . Mr . Moore-f Not ours , my Lord , —we say nothing . His Lordship repeated his remark , which was repudiated byj the traversers , and said that he would adjourn the Court till eight o ' elock on Monday morning . | Mr . Moore-fWhat hour , my Lord ? ' Mr . Justice Crampton—Eight o ' clock on Monday , as it is only fair to release the Jurors as soen as possible . \ Tbe Attorney-General—Perfectly bo , my Lord .
However , after some grumbling , it was arranged that the Court Should stand adjourned till nine o ' clock . Mr . Monaghon , Queen ' s Counsel , on behalf of the travelers banded in a written objection which was understood to be to tho competency of the Court to adjourn after twelve o ' clock on Saturday night . Tbe Jury were then summoned . Mr . Fleyd ( a juror ) entered and said , " My Lord , we have been twice summoned when it appears we were not wanted . " ! Mr . Justice Crampton—You are wanted now , Sir . The Jury having made their appearance ,
Hia Lordship expressed his regret at the unpleasant communication he had to make to them . He had been informed that his jurisdiction to receive their verdict had ceased after twelve o ' clock , aud he was much distressed to be obliged to tell them that they would have to remain in confinement until Monday morning . It was a fatality growing out of the period of the . morning at which they had arrived which it was impossible to obviate . His Lordship stated that every effort would be made to render their situation as easy and comfortable as posaible , and tbat they would be at liberty to attend divine { service , under the care of the High Sheriff , on Sunday . After having expressed his r ' egret again at being obliged to order them into confinement , and given them some general directions , his Lordship directed two bailiffs to be sworn for their safe custody , under whose care they were conveyed to their room for the night
As they left the box , the crowd in tbe gallery broke into a loud laugh of derision , whereupon . Mr . Justice Crampton directed the High Sheriff to have the first person arrested whom be could detect in the commission * Of such a gross breach of propriety after the repeated admonitions he had given them . He would instantly commit to Newgate whomsoever was brought before him and proved to be guilty of such an act . ; His Lordship then retired , and on his exit from tbe court was followed be several hundreds of the mob , who groaned and hissed him until driven back by the police . ' Mr . O Connell has not attended the court since the day on which [ he made his defence . It is said that the bon . gentleman is far from being Well , and that ihe illnesB under which he was labouring visibly when he made his address to the jury , has been increasing ever since
I Dublin , February 11 . Last night , { great excitement prevailed throughout Dublin , and dense masses of people were congregated in the streets in i the immediate neighbourhood of the courts , around which a crowd had stationed itself , apparently with a determination to stay out the whole night . Beyond the ten&o yell outside the court , which greeted the first announcement of the verdict , there was no manifestation of any attempt at riot or disturbance ; on the contrary , taking the occasion into consideration , there was a remarkable silence observed up to between two and three o ' clock , by which time all was perfectly tranquil . Large bodies of mounted and foot police continued to patrol the streets during the whole night . The troops in garrison were under arms yesterday evening in case : their services should be required , but the civil force was found , from the circumstances stated to be perfectly adequate to preserve the peace .
At a very early hour this morning the crowds began to re-assemble , [ and before nine o ' clook the courts were again the grand focus of attraction , upwards of 1 , 000 persons being at that time stationed about the avenues of the building ; it being anticipated that the jury would attend divine service in the course of the day , under the protection of the High Sheriff ; but In the present excited state off the public mind the jurors very wiseiy abstained from [ taking a step which , in all probability , might have led ] to a breach of the peace . All the infantry soldiers in garrison , net on duty , are confined to their respective barracks ; and strict orders have been issued , againat holding any communication with civilians . I the cavalry are all on what is termed " stable duty , " ready for instant service ; but up to four o ' clock all remains perfectly tranquil .
The . following is a summary of the several counts charged in ths indictment , from which it will be seen that the jury have agreed to find the traversers guilty on the most important counts : — The first count states , that the several trayersers , together with divers persons unknown , did unlawfully and maliciously i conspire to excite discontent amongst Her Majesty ' s subjects ; hatred and- jealousy amongst different classes ^ and discontent and disaffection in the army ; also contempt of the established tribunals for ths administration of justice ; also to create changes in the Government ; and constitution of the country , and to bring them into contempt The Count then sets out the several overt acts dona in furtherance of that conspiracy . j The second count is the earn * as the first , omitting tbe overt acts . !
The third sets out the meetings for seditious and unlawful purposes ; and the fourth the conspiracy to excite discontent and disaffection in the army .
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The fifth the conspiracy to bring into hatred ana contempt Her Majesty's Government ; and the sixth to procure changes in the Government and constitution by means of intimidation . , The seventh is the same as the sixth , adding the charge at attempting to procure a dissolution of tba Legislative Uaion . The eighth , nlnetb , and tenth , set out the attempt fc disparage the tribunals constituted for the admioistra . tionof justice ; and the eleventh , by means of intintf . dation , causing large numbers of persons to assemble and having addrtssed them in seditious and iitflamma ! tory speeches ; also the publication of matter intended to effdet a change in the constitution . Sbnday . Night , Nink o'clock . Everything remains perfectly tranquil .
A private " Council" was held st the Corn-Exchanga this day . Ifc was attended by Mr . Daniel Q'ConneU , Mr . John O'Connell , and the other traversers , besides Mr . Con . M'Laughlin , one of Mr . O'Connell ' s VaiL At half-past 3 Mr . Smith O'Brien , M . P ., joined the Council which sat in deliberation for several hours , it is sup posed that the proposed remodelling of the Repeal Association occupied the attention of the Council .
TWENTY-FIFTH DAY . Sitting of the Codbt , Monday , Feb . 12 . At an early hour this morning groups of persons were seen wending tbeir way along the quays towards tna Four Courts . The morning was wet and gloomy , but about eight o ' clock began to clear up a little . Queen's Bench , Half-past Eight o ' clock At this hour the avenues to the court were crowded , and it was scarcely possible to pass through the hall . There was a very large police force on duty in the outer yard to preserve order , which was exceedingly requisite , owing to the eagerness of the multitude to crush in . Nine o ' clock . Tbe court presented a very gay and animated appear , ance at this hour . The gallery was erowded , but there were very few ladies present , either in the public gallerj the reserved seats , or in the high sheriffs gallery .
The bar mustered very strong , not a seat was unoccn . pied , and many members were forced to stand ; the side avenues were also thronged to an inconvenient extent . . At this hour Mr . O'Connell entered , accompanied by Mr . John O'Connell and Mr . Daniel O'Connell , j fan . All the other traversers were present , with the exception of the Rev . Mr . Tierney and Mr . Duffy . The Bight Hon . D . R . Pigot , ^ Ir . Moore , Q . C . , Mr , Henn , QC , Mr . Monegan , Q . C ., Mr . Shiel , M . P ., Sii Colem&n O'Loughlan , Mr . Thomas O'Hagan , and several other of the traversers' counsel now entered and took their seats . Immediately afterwards the Attorney and Solicitor . General , with Mr , Sergeant Warren , Mr . Martlyj Q , C , Mr . Brewster ; Q C , Mr . Bennett , Q . C ., Mr . Tomb , Mr Napier , Mr . Holmes , and others entered . Fifteen Minutes past Nine o'clock .
Exactly at this moment Judge Burton , the Chief Justice , and Mr . Justice Crampton entered the court , and took their seats on tba bench . - ¦ ¦ Mr . Justice Crampton , for the information of hia bro ther judges on the bench , related all that transpired dur . ing their absence on Saturday night after the Jury had retired to consldiffthjafc verdict ' The Jury were'tbeifcalfed . The traversers and Jurj fcaving answered -to ? tbefrhames , << Zk £ r . Justice Crampton said—I am directed by the Courfc'to mention to you that the first count in the in . dictment , which seemed to perplex you on Saturday night , contains all the charger spread over the indictment ; and tbe first ceunt , comprehending the ; charge of conspiracy generally , contains five distinct , heads o
charges . These were not sent up to you . in a separata form ; and therefore I do not wonder at your having been perplexed . But I will read to you what tho dis . tinct charges are—what are the distinct issues oa which you Will have to find , and an explanation regarding the first count will lead to a correct feterpre . tation of the other counts . There are five , distinct issues or findings on the first count , and with ' respect to which you should give your opinion . First , ; you are to find whether the defendants , or any , and which of them , did conspire to create discontent and disaffection among her Majesty's subjects , and bring into . contempt the Government and constitution of the realm . Now , you are to decide with respect to this charge separately , that is to say , you are not to , advert
to the four others—you are to say who are guilty , and who are not guilty of this charge . Then yon proceed to the second charge is the first count You are to say whether the defendants , or any of them , ( particularising the parties , ! did conspire to create hatred , and jealousy , and ill-will among different classes of her majesty's subjects , and especially among the Irish towards the English . With respect to this second charge in the first count , you will deal with it exactly as you do with the first charge . And then as to the third charge—namely , that of creating discern , tent and disaffection among her majesty ' s subjects serv ing in her majesty ' s army—you are to name those whom you find guiity and those whom jou do not . With regard to the fourth charge—that of contriving , intending , and devising to bring into disrepute and to diminish the confidence of her majesty ' s subjects in tbe tribunals duly and lawfully constituted for the administration of justice—you will deal with it in like manner .
With regard to the fifth charge , as to whether the defendants , or any , and which of them , did conspire to procure divers of her majesty ' s subjects unlawfully and seditiously to assemble together in large numbers at various times in different places in Ireland , for tbe purpose of obtaining , by means of intimidation and the demonstration of physical force , to procure and effect changes to be made in the government , laws , and constitution of the realm as by law established , yon will deal with it as you do with the . first , second , or third charge ; yon will specify the individuals among the traversers , those whom you find guilty , and those whom you do not fiad gnilty . Gentlemen , with respect to the second count , you will adopt the same course as that pointed out to yon regarding the first count Tbe third count is substantially the same—that is to say as regards the Ending . The fourth count has four issues that are in the first count Tbe Attorney-General—Only three issues .
Mr . Justice Crampton—You are right ; there are only three . In the fifth count there are two issues . On the sixth count there is only ons issue you have to try You are to Bay who are guilty and who are not Tbe Foreman—I think we bave substantially done what your lordship has stated , Mr * Justice Crampton—You had better go to your room for a few minutes , and see whether you bave acted precisely in accordance with my instructions . At twenty-five minutes to ten o'clock the jury withdrew . Nine Minutes to Ten o'Clock . The Jury returned within nine minutes of ten o ' clock , when > The Clerk of the Crown said—Gentlemen of the Jury , hand in your issue paper .
The Foreman—We have put our names to the diffrf ' ent counts—that is , we have written them on the list , as there was not room for as to write them under tna separate parts of each count And here I would ask , on the part of the Jury , are they to get compensation ( or their time—( laughter )? Mr . Moore , Q C . ( to the Clerk of the Crown)—Call each juror by his name . This being done by the Clerk of the Crown , he asked —Gentlemen of the Jury , do you agree ? Foreman—Yen . Mr . Moore , QC—I wish it to appear on your lord * ship ' s notes that there is an objection , on the part of the traversers , to the reception of the verdict , on tha ground of a misnomer as to the name of Rigby , ene of the jurors , who is one of the persona in the jury-box . He stated that his name was John Jason Rigby , whereH the name which appears on the panel is John Bigty , and which , on this trial , amounts to a misnomer .
The Attorney-Genera '—Rigby was sworn as " John Bigpy , " and there was particular notice taken at the time of tbat circumstance by the crown . The Clerk of the Crown—Gentlemen , you say this U your verdict ? Foreman—Yes . The Clerk of the Crown then read the verdict .
THE FINDING OF THE JURY . [ The finding of the Jury , says the Dublin MonUor , as officially handed in by the Foreman , Js a very perplexing document . It does not clearly set forth tba various issues with the finding on each . We have gone through the whole indictment , and arranged the matter so as to render the-finding on eacb issue perfectly intelligible to out readers . They can see at a glance of what charges the several Travorsert have been convicted , and of what acquitted . ]
EIBST COUNT . This count contains five difitinct charges , on each oj which an issue was sent up to the Jury , to wit : — 1 . —The traversers are severally charged ^^ with unlawfully , maliciously , and seditiously contriving , intending and devising to raise and create discontent and disaffection amengst the liege subjects of our said Lady tne Qaeenj arid-to exfcite the said liege subjects to batrea and contempt of the Government and Constitution oi this realm aa by law established . 2—They are charged with intending and derUiogt "to excite hatred , jealousies and ill-will amongst different classes of the said subjects , aM to create discontent and disaffection amongst divers of the said subjects , ana amongst others , her Majesty ' s subjects serving in ua Majesty's army . "
. 3—They are charged with "contriving , intending , and devising to bring into disrepute , and to diminua the confidence of her Majesty ' s subjects in the tribunal * duly and lawfully constituted for the administration oi justice ? : , 4—They ate charged with " unlawfully , malicwiaiy , and seditiously contriving , intending , and devwing oy means of intimidation and the demonstration of great physical force toprooure and effect changes to bemaae in the government , laws , and constittttioii of this realm as byiawestabUahed . "
5—They are charged that they did combine , * ? * l federate , and agree "to cause , and procure , and aio ana assist in causing and procuring divers subjects oi our said lady the Queen unlawfully , maliciously , and seonn * ously to meet and assemble together in large numbers » various times and at different places within Ireianu , for the unlawful and seditious purpose of oKainmg »/ means of the intimidation to ba thereby caused , aw ( Continued in cur Seventh f . age . )
£$£ %Xiffy $3tifottmst.
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a THE NORTHERN STAR . | Febbuary 17 , 1844 .
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Citation
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Northern Star (1837-1852), Feb. 17, 1844, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1252/page/6/
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