The Sun.
London, England, 1844-02-12 00:00:00

AY EVENING, FEBRUARY 12, 1844.

peered; and said)--I come now to the part taken and the
speech made by the Rev: Mr. Kearney in the presence of Mr.
O'Connell. • That ReV. Gentleman brought forward a resolu-
tion, pledging the people to continue the repeal agitation
so gloriously brought forward by the Liberator of their
country. There was a resolution for the adoption of a pe-
tition brought forward, but there was no proof that such a
petition was ever signed or adopted. The same gentleman
said that when they got all they wanted, it was only then
that the steam of repeal would be properly got up. Mr.
O'Connell was present, and he did not deny the truth of
what might be fairly deemed an imputation on himself,
namely, that of acting a dangerous and uncandid part.
In his speech, Mr. O'Connell alluded to a circumstance
which a friend of his had witnessed. It appeared that this
person saw some men working in a field, but apart from an-
other person, who was in a kind of Botany Bay of his own,
and those who stood aloof being thought to be Ribandmen,
the gentlemen, addressing them, asked why they shunned the
other poor fellow. Their answer was, " Oh, that fellow re-
fused to become a Repealer." " Those good men," observes
Mr. O'Connell, " were combined for the cause of repeal, and
it is absolutely necessary that you should be:doubly alive. I
cannot have man, woman, or child without becoming a Re-
pealer. The Saxon will be roused from his slumber, and the
union shall be—must be—repealed." The next speech made
was by Mr. Ray—l mean that at the banquet of Mullagh-
mast. Mr. John O'Connell also spoke at that meeting,
and Dr. Gray, so that five of the alleged conspirators
were present on this occasion. Dr. Gray spoke. (His
Lordship then read portions of the speech of Dr. Gray,
relating to the arbitration courts.) Gentlemen, does the
speaker, when he talks of the people having been long
trampled on by aliens and enemies, mean the existing courts
by which justice is administered—does he mean the Queen's
Judges, appointed by the law of the land ? I shall now close
these observations on the day of Mullaghmast—a most im-
portant meeting, and, indeed, more important than any of
the other meetings which took place elsewhere, exposing
to you and to those who have to decide in this case what
were the real objects and intentions of those who are ac-
cused before you for entering into this alleged conspiracy.
The general effect of that combination cannot be mistaken,
nor can it be denied that discontent and animosity were
inspired among the people of Ireland against the people of
England, by calling up the memory of by gone scenes, the
truth of which we cannot now ascertain, and which,
whether they were true or not, it is now at least gratuitous
to call up in the minds of the people. Mr. O'Connell, sen.,
(for there are two of them), made two speeches at that
meeting. Mr. O'Connell, sen., it was who gave orders
for the procuring of that assembly ; Mr. O'Connell,
sen., it was who selected that place for the purpose, be-
cause it had been the scene of a former bloody massacre
and murder committed by the English of that day on the
Irish of that 'lay, in order to revive and bring back to fresh
life and vigour those feelings which must have inspired
the friends of the sufferers on that occasion. You may
recollect how eloquently he describes the scenes of blood and
horror and suffering which had been enacted on that spot ;
and it was not for nothing, Gentlemen, that he brought the
people together in that place, and made a speech to them on
that spot where all that was dear to their ancestors was sa-
crificed by English cruelty and treachery. It was to revive
and bring back those feelings that he did so, and to infuse
them into the breasts of all those present who listened to his
eloquent description of those atrocities. What is the first
accusation against the traversers ? It is for endeavouring
to excite hatred and dissension among one portion of
her Majesty's subjects against another portion • and was not
4ch the tendency of the language to which I have alluded ?
That assemblage consisted of as many persons as had met at
Tara. It was the greatest of the monster meetings which
took place in Ireland. And is the British' Parliament to
be told that those hundreds of thousands excited in that
way, should be in such a state that the moment that
gentleman (Mr. O'Connell) thought proper to stamp his
foot they should re-assemble for any purpose for
which he • might require them ? Does such a state
of things belong to the system of free discussion, or
does it prove, the pttrpose of intimidating or overawing the
Legislature of the country? Another object alleged against
those who are implicated in this charge of conspiracy is
the depreciating the courts of justice as established by
law, bringing them into contempt, and inducing her
Majesty's subjects to withdraw from those courts,
and have recourse to others. Is there any evidence in
this transaction of the affair at Mullaghmast given you
in support of the charge of the alleged conspiracy?
Have you, or have you not, Dr. Gray coming forward
and making a statement that the time is come to be re-
lieved from those courts over which presided the Saxon
and the stranger? Have you, or have you not, Mr. O'Con-
nell adverting to the same topic at the meeting held at
Clifden, where he stated that the institution of those ar-
bitration courts was to be the foundation of a judicial
system which was to upset or overturn the regularly con-
stituted tribunals of the country? We have him again
recurring to the same subject and commenting in the same
way at Mullaghmast, on the appointment of arbitration
courts, and placing therein those magistrates who had been
dismissed by the Chancellor for attendance at repeal. meet-
ings. You have Mr. Ray coinciding in those sentiments;
you have Mr. Jahn O'Connell, wile likewise made a speech
at that meeting, in which he concurred in the general ob-
jects, and appears to have been himself one of the arbitrators
at Blackrock, appointed by the authority of the Associa-
tion. Gentlemen, I have thus pointed out distinctly the bear-
ing of the Mullaglimast meeting had on almost all the ob-
jects of the Association, and I have also pointed out the par-
ticular persons accused on whom it bears. Hitherto I stated
nothing of the Rev. Mr. Tierney, who does not appear to
have attended at, or participated in, the meeting at Mullagh-
mast ; nor, as I understood it, is there any evidence that he
became a member of the Association until the 3d of October,
which was the day but one after Mullaghmast. It is quite
true that he had a little pet meeting of his own—(A laugh)—
at Clontibret, on the 15th of August, the day on
which the great meeting was field at Tara, which ap-
pears to have gone off with 'more peace, decorum, and pro-
priety than attended those I have referred to.
There were magistrates and policemen present at it. But as
he did not think that meeting had been much pressed against
Mr. Tierney, he (the Chief Justice) was willing to adopt the
same course, the more particularly as some little uncertainty
appeared to exist in reference to the parole evidence given by
M'Cann, a policeman, who was examined as to what took
place between him and Mr. Tierney on the 15th of June.
Mr. Tierney attended a meeting of the Repeal Association on
the 3d of October, the day but one after the Mullaghmast
meeting. Whether he was cognizant of the resolutions
passed at the latter meeting, he (the Chief Justice) did not
know ; but the matter was so recent, and occurring at a
place so near, it might be asked, could he avoid knowing
them ? Mr. Tierney made a speech on the 3d of October, and
concluded thus :—" I have always said you were victorious,"
t hat is, mink Gentlemen, in the field ; and you must now
prove successful when you are unanimous ; nothing can
prevent you of success, except your own timidity and
treachery : are you ready to sell your country ?" and, Gentle-
men, loud cries of "We are not," followed that question.
" There were two ways to be followed ; one was to slavery,
-the other to victory ; and ifyou select the first you deserve it,
but if you select the last, you will be yet blessed by unborn
generations." The Rev. Gentleman concluded by handing
in 921. from the north. To that speech Mr. O'Connell paid
the marked compliment of a speech, and proposed the
thanks of the Association to him ; the vote of thanks was re-
ceived with acclamation and adopted by the Association,
and it was for them to say, under the circumstances,
whether the Rev. Mr. Tierney participated in the common cause
or not. Now he (the Chief Justice) had gone through all the
traversers, with the exception of Mr. Duffy, who, it was not de-
nied, was also a member of the Association, and it was proved
by various documents, independent of which it was not at-
tempted to be disputed, that he was the proprietor of the
Nation newspaper, a paper more or less in connection with
the Association. He was also accussed of having entered
y, so often detailed, although it
attended any of the great meetings,
idraocuments, as he had before stated,
aw intona ds tat
nha
tis
proves ew nr
hln,
aa ctr
nhn
use
ap
were put in evidence, for the purpose of showing that he was
engaged in what was alleged to be the common object of
the conspirators. (His Lordship then read articles from the
Nation headed " Something is Coming"--" Our Nationality"
—" The crisis is upon us"--and left it to the jury to say
whether those documents afforded proof that Mr. Duffy was
aiding and assisting in the general confederacy. He next
read from the Pilot articles, entitled the " Duties of a Sol-
dier," and "The Army, the People, and the Government.")
Another letter which had been read bore the signature of the
Rev. Mr. Power, a parish priest in the county of Waterford,
and it inculcated the notion that private soldiers were to con-
sider in their own minds whether they ought or ought not
to obey the commands of those who are in authority over
them? and it Was for the jury to consider whether these
articles were or were not published by these alleged conspi-
rators, with the view of making the army refuse to act, if
called upon to repress any tumultuary uprising which might
be produced by their own acts. He need not tell them that if
the traversers intended so to interfere it was a high offence,
and several Acts of Parliament had been passed to punish any
person who presumed to interfere with the army. Although
there was no evidence of these publications reaching the hands of
the soldiers, yet, if the jury were satisfied that the traversers had
combined together for the purpose of tampering with the mili-
tary, although the fact was never executed, the crime was as
complete as if they had succeeded. He had one subject more
to which he would in particular direct their attention—
namely, the arbitration courts. They would observe, that
the charge was not simply combining together to bring for-
ward the erection and constitution of those arbitration courts,
but the main and principal charge was this—the combining
together for the purpose of endeavouring to bring into disre-
pute and discredit the existing courts of justice in the coun-
try as by law established. There was a great deal of argu-
ment, and a great deal of what he thought unnecessary state-
ment, with regard to the subject of arbitration. It was given
in evidence, that by the law of the Society of Friends, any
man who had a dispute with another person was bound,
in the first place, to endeavour to decide the question by
arbitration before he was at liberty to take proceedings
at law, and, moreover, that rule of the Society was
enforced by another rule, that any member of the Society of
Friends who would decline so to terminate the suit by arbi-
tration before he went to law was to-be expelled or read out
of meeting, as it was called by the Society. The Ouzel
Galley was also referred to, and to these gentlemen, consist-
ing of the principal merchants of Dublin, suits were referred
and decisions made by them ; but the system of arbitration
adopted by them was not analagous to what was proposed
by the traversers ; for, although it took upon itself to de-
cide the disputes and differences of those who thought proper
to refer to the decision of its members, its proceedings were
always based, in the first instance, upon a writ issuing out of
the superior courts, and thus the arbitration was subordinate
to the superior court. But it was stated further that the
. .

decision of the courts by arbitration was also desirable upon
a conscientious and religious principle—namely, putting a
stop to the administering of oaths. That was a very
plausible argument to be brought forward now ; but it
would be for the jury to decide whether they were not
set up for an entirely different purpose. Recollect that,
in the address from the Association to the subjects
under the British Crown, one of the grievanees which was
proclaimed to the world at large, as far as the British sub-
jects were concerned was, that persons had been appointed to
the bench hostile to, or not having feeling with the people of
the country ; and therefore they were dissatisfied with those
courts and the mode in which the administration of justice
was dispensed in them. Now, if the people combined, in or-
der to put down the existing courts of justice, as derived from
the appointment of the Queen, and to set them at naught,
and to induce the subjects of her Majesty to withdraw from
their cognisance the administration of justice, such an asso-
ciation, or agreement with such an intent, was a violation or
the law, and any infringement upon the Queen's prerogative
in that respect had always been considered a high misde-
meanour. The subject was treated clearly by Judge Black-
stone, in his celebrated Canon Laws, Ist vol., p. 277 (1837) ;
" The King is the fountain of justice, and general conservator
of the peace of the kingdom. The original power of judica-
ture, by the fundamental principles of society, is lodged in the
society at large ; but in England this authority has been
immemorially exercised by the King or his substitutes. He,
therefore, has alone the right of erecting courts of judica-
ture, and they should be erected by his authority." Such
was the common law of this country, as laid down by Black-
stone, and it was, therefore, an infringement, and a violation
of that law, if two or more persons presumed and took upon
themselves to enter into a common design to detract from
the respect due to the Queen's courts of justice, and the way
in which the law was administered in those courts. There-
fore it was to be considered what had taken place—the man-

ner in which those Arbitration Courts and the principle of
arbitration was carried out by these parties. He held in
his hand a Report of the Arbitration Committee, which was
presented to the Association, and dated the 21st of August,
1840, and they would find in that Report a statement of the
system that had been proposed by Dr. Gray and submitted
to the Association, and by them carried into one of its laws.
The offence contained in the indictment with regard to those
courts was not an attempt to establish Arbitration Courts,
although, perhaps, that might be an offence ; but he did
not say whether it would or would not. However, the one
charged he took to be clearly criminal, and was a com-
bination to bring into disparagement and disrepute the courts
of justice as existing by law in the country, to bring them into
contempt and disregard among the subjects of her Majesty,
and to induce them to go to other tribunals to settle their
differences—which he had already shown from the language
of the traversers themselves. There was a paper adopted by
the Association, being a Report of the Arbitration Committee,
dated in August, 1840, which contained the reasons for the re-
commending and adopting this new system of jurisprudence.
It went on to say,' Your Committee are of opinion, that in-
asmuch as many of the Magistrates who possess the confidence
of the people, have been dismissed, and deprived of the com-
mission of the peace, in consequence of their attachment to
the cause of legitimate independence, Arbitration -Courts
should be established, and, in order to secure the harmonious
working of such a system, they recommend that a standing one
will be formed to arrange and superintend the carrying out of
those testimonials." The same Report recommended the ap-
pointment of those dismissed Magistrates, for the reason that
they had been dismissed by the Government, by the constituted
authority of the realm, and not because of their legal, or other
knowledge, local information, property, conduct, or any other
qualification, and the situation of chairman of the arbitrators
was to be given to any dismissed magistrate, if one should
be found in the district. Was that a reason why the parties
in question were to dispense with the powers of those courts
of justice which her Majesty, by her letters patent, thought
proper to provide, in the exercise of her undoubted preroga-
tive, as courts of law for the benefit and protection of her
subjects ? There were four other grounds of accusation. The
eight traversers were indicted for having conspired and agreed
to raise and create disaffection, hatred, and unlawful opposi-
tion to the Government and Constitution ; secondly, whether
they conspired and agreed, or any, and which of them, to
to stir up jealousies amongst the Queen's subjects, and to pro-
mote to her other subjects, especially the Irish against
the English ; thirdly, whether they, or any or which of them,
conspired and agreed, or any or which of them to excite dis-
affection in the army • fourthly, whether they conspired and
agreed to collect unlawfulC assemblages in large numbers in
Ireland, in order to obtain changes in the laVvs and Consti-
tution by intimidation and the demonstration of physical
force ; and lastly, whether they, or any, or which of them,
conspired and agreed to bring the courts of judicature estab-
lished by law into disrepute, and with the intent to induce
the subjects of the Queen to submit their disputes to other
tribunals. If they were of opinion that the traversers, or any,
and which of them conspired and agreed to do, or caused to
be done, the said several matters, or any of them,
then they were to find such traversers, or traverser
guilty of the conspiracy as laid. The Lord Chief
Justice concluded his charge as follows :—You are
called on, in the first place, to pronounce whether
these traversers, or any, or which, did conspire and agree to
raise dissension in her Majesty's subjects, or to hatred and
unlawful opposition to the Government and Constitution.
2dly. You are called on to pronounce whether these tra-
versers, or any, or which of them, did conspire and agree to
raise disaffection amongst the Queen's subjects, especially
those in Ireland against their fellow-subjects in England.
idly. You will have to say whether they, or any of them,
conspired and agreed to excite disaffection in the army.
4thly. You will have to decide whether any or each' of the
traversers conspired to effect changes in the Constitution
of the country by a demonstration of physical force.
Lastly, Whether they, or any of them, agreed to bring
the courts of judicature, established by law, into disre-
pute, and induce the subjects of the Queen to submit
their disputes to other tribunals. If you are of opinion
that the traversers, or any of them conspired and agreed
to do, or cause to be done the said several matters, or any
of them, then you are to find such traversers or traverser
guilty f the fact of conspiracy as laid. I have, Gentle-
men, put the question to you in the language of the in-
dictment. It lies upon the Crown to establish that the
traversers, or some of them, were guilty of a conspiracy con-
sisting of those five branches, any one of which being brought
home to the traversers, or any of them, to your satisfaction,
establishes the charge against them. But, Gentlemen, cri-
minality is a thing which must be proved, and not merely
surmised. Every person accused must be deemed innocent
till the contrary is proved. The defendants plead their inno-
cence on the ground that they had a right to do the several
things given in evidence, and had no criminal intent. If it
should be your opinion that they had no criminal intention in
the acts proved against them, you would be bound to acquit
them ; but if, upon the other hand, you should be of opinion
that those were not the real objects of the defendants, and
that whatever their real designs might be, that they had the
criminal intentions attributed to them by the prosecution, and
be satisfied that the traversers acted in concert in further-
ance of those intentions you will be bound to find them
guilty. You have been pressed by arguments appealing
to your feelings, and sometimes to your apprehensions
—you have been addressed by a greater number of
persons of ability than accused persons ever before had the
advantage of, and nothing was omitted that could possibly
strengthen your case. Gentlemen, you are by law indif-
ferent—you are to be biassed by nothing but the oath you
have taken, which is, that you will give a verdict according
to the evidence—that is your duty; and to enable you to do
that, I never saw a jury who, during a long trial, extending
over a period of three weeks, paid such individual attention
to the case, the evidence that has been laid before you, and
the several gentlemen that addressed you on either side. I
feel perfectly certain that you will decide conformably to the
dictates of your reason and of conscience ; and I do hope that
the Lord, who rules over all, will enlighten and direct you.
I have now no more to say.
The Foreman of the Jury—My, Lord, as the jury are much
fatigued, I beg leave to ask whether it is absolutely necessary
to conclude this case now?
The CHIEF JUSTICE—I am sorry to tell you, that after the
charge has been delivered it is not possible for us to
allow you to separate to-night. You may retire to your
chamber, but I regret to say we have not the power of
giving you that liberty which has been hitherto afforded
you, of going to your homes. You must remain in the
custody of the Sheriff, holding no communication with
others, and the chamber is the only place that I am aware of
which you have a right to occupy. I have known instances
in which the jury were not allowed to separate, but they
were permitted, while in the custody and care of the Sheriff,
to have the accommodation which it might be expected they
would require during the time that would elapse before
giving their verdict. Wherever I have known anything of
that kind done, it has been by consent, and unless there be a
consent in the present case, I am not aware, Gentlemen, that
I am at liberty to make any other reply to your question
than that which I have given.
The issue paper having been handed to the Foreman,
Mr. Justice CRAMPTON said that he had no doubt the
Sheriff would afford the jury every accommodation they
might require.
The jury then retired.
Mr. HENN—Before the Court separates there is one point
to which I desire to call your attention. We submit that
there has been no evidence in this case of any act done in the
county or city of Dublin, and that we are entitled to
have a verdict.
The CHIEF JUSTICE—What do you call the meetings of the
Association, and the speeches made there ?
Mr. HEHENN observed that there was no printed document
proving that the meetings were held in the city of Dublin.
Mr. Justice CRAMPTON said he would take a note of the
objection.
The excitement which now prevailed is beyond descrip-
tion—the whole bar standing--the cry everywhere, the
Chief Justice has closed his charge. The jury are locked
up—passages closed—no admittance. The Chief Justice,
Mr. Justice Burton, and Mr. Justice Crampton withdrew.
On doing so.
Mr. Justice BURTON intimated that the Court was not to
be considered adjourned, as those Judges had only retired for
a short time to the chamber.
Mr. Justice PERRIN remained in the midst of the most ex-
traordinary suspense.
Mr. MooRE rose and said, on the part of the tra-
versers, he had 'to object to the documents being
given to the jury, as he had been instructed that marks and
scores had been made under particular marks of them, which
he did not think should go before the jury in that shape.
Mr. MOORE (to the Clerk of the Crown)—Have you the
documents produced on both sides?
Clerk of the Crown—Yes.
Mr. MooßE—You have those produced on our side ? Yes.
The Clerk of the Crown, after a little time, said that he
could not say whether he had all the documents or not—they
were constantly sought for. -
During the discussion the foreman and some of the jury
were in the box.
Mr. Justice PERRIN (to the foreman)—ls the room suffi-
ciently large for your accommodation ?
Foreman—lt is, my Lord.
Mr. HENN—Our documents, when proved, were lodged
with the officer, and we have not got them. •
The ATTORNEY-GENERAL...AB the Crown documents are
here. It was not our duty to look after any other documents.
Mr. Justice PERRIN—The Attorney-General is quite right,
all his documents are forthcoming.
Clerk of the Crown—l marked eleven documents, but they
were handed by me to Mr. Ford. I had my part of them re-
turned to me, so that I cannot be answerable for others.
Mr. HENN—Mr. Ford required to have them ; they shall
be returned, but none of the newspapers are forthcoming.
Mr. Justice PERRIN—I understand a' messenger has been
sent to the Stamp-office for them—they shall be handed to
you soon.
Mr. HENN said that they objected to any documents goiN
before the jury without having them inspected by the counse
for the traversers.

The Crown did not make any objection, and, at the sug-
gestion of Judge Perrin, the documents were handed to Mr.
Whiteside on behalf of all the traversers.
Mr. llENN—Surely, Mr. Bourne, you can be able to tell
me in point of fact, if you marked every passage read in de-
fence, as well as those read for the Crown.
Mr. Bourne replied that he had not ; he believed that he
did so to some.

Mr. WIIITESIDE, Q.C.—Have you, Mr. Bourne, marked
this paper in this manner ? (Passages were underscored in a
newspaper which Mr. Whiteside handed up.)
Mr. Bourne.—No.

After a long pause,
The ATTORNEY-GENERAL rose, and said that it was the
wish of the Crown that the question of the documentary evi-
dence should be decided one way or the other.
Mr. MOORE, Q.C., said that it was originally the intention
of the traversers to have the documents sent up to the jury,
provided that there was not on the face of them any im-
proper marks. Some of the papers were underscored
in passages which were read on behalf of the Crown,
while no such marks were attached to those passages which
were put in as evidence for the traversers; and he considered
that it would not be right to consent to have those papers
sent up before the jury, as their attention would naturally be
directed to the passages so marked.
• Judge CualupToN—Certainly not. You are quite right.
The ATTORNEY-GENERAL—Ify Lord, it would be right
to inform the jury that these documents are not to be sent be-
fore them in consequence of this objection.
Judge CRAMPTON-I shall have the jury informed. Some
of them required a little refreshment, and I have ordered
them some of a temperate character.—(Great laughter.) I
will remain here for a few hours, and then if the jury have
not come to a decision, I will have bailiffs sworn, and they
can have the use of the room for the night.
After a short time all the counsel for the Crown retired.
Mr. Sheil and Sir Colman O'Loughlin remained on behalf
of the traversers.

HALF-PAST SEVEN.
Mr. Justice Crampton has just entered the Court, without
his robes, accompanied by the High Sheriff, and stated that
he will retire for the present, but that he will be in attend-
ance again at a quarter to nine o'clock, and that in the mean
time the counsel for the Crown and traversers, with the soli-
citors and officers of the Court, may also retire until that
hour.

Bailiffs were then sworn to prevent access to the jury.
The Court and its vicinity continue to be crowded, and the
most intense anxiety is evinced by the Metaled maws to
learn the result,

DUBLIN, SUNDAY MORNING, FOUR O'CLOCK.—
The time between the adjournment and nine o'clock
was spent in a manner but little suitable to the so-
lemnity of the occaison. The Court throughout the
time was packed to suffocation. The majority of
those assembled appeared determined to amuse them-
selves as best they might; and so 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
various degrees of merit in the crier's voice, false
alarms of the Judges' arrival, and betting with every
variety of odds and amount on the result of the trial,
formed a Babel of sounds which effectually drowned
all the efforts made by the officers ofthe Court to silence
it. Outside an angry, and anxious, and excited mob
had been forming, every minute adding to its
numberst until the 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 Courts was packed in the same
manner by the very lowest of the Dublin canaille,
who passed their time in scoffing at the police, or
discussing the proceedings at the trials with great
zeal and gusto. A body of mounted police patrolled
through their masses to keep the carriage-way tr
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 9 o'clock, and, attired as he
was in plain clothes, took his seat upon the bench.
All the law-officers and counsel on the Crown side,
as well as those engaged for the traversers, were pre-
viously in attendance. The jury having been sent
for at half-past 9 o'clock,
The Foreman entered and said,—My Lord, we are
not quite ready. (Marked sensation in the Court,
as the words showed that there would be a verdict
some way or another.)
Mr. Justice CRAMPTON—Very well, Gentlemen,
we shall wait for you.
His Lordship and the foreman then retired, and
again the same busy hum sounded through the Court
as before ; and the audience, to make up for the seri-
ousness of the previous five minutes, became more
noisy and facetious than ever. The character of the
betting was changed, and one of the junior counsel for
`the traversers was heard to offer 5 to 1 in favour of
Carrickfergus against Kilmainham Gaol, as the future
lace of durance for his clients. The time wore
heavily on till 10 minutes to 11 o'clock, when Judge
Crampton returned to the Court, and directed the
jury to be summoned.
In a few moments the door was opened, and the
jury entered amidst the profoundest silence.
The Foreman (addressing the Court)—Are we to
give our verdict upon each count of the indictment,
my Lord?
Mr. Justice CEAmEToN—Yes, Gentlemen.
The Foreman—And are we obliged to give a ver-
dict on every count, whether agreed or not agreed ?
Mr. Justice CRAMPTON—Certainly.
Mr. HATCHELL, Queen's Counsel—Not if they are
not agreed on every count, my Lord. They can't, if
they are not agreed.
Mr. Justice OnampToN—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, you will state
those upon which you are agreed, and also the names
of the traversers with respect to whom you have
agreed.
The Foreman—And take no notice of the others?
Mr. HENN—Deere 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
en certain counts, and not upon others, -I should be
at liberty to receive their verdict so stated.
Mr. MOORE—I think we had better wait, my Lord.
Mr. Justice CRAMPTON.—Just so. I merely threw
that out for your consideration in the meantime.
Another anxious and more solemn interval elapsed
till twenty-five minutes past eleven o'clock, when the
jury entered their box amidst the most profound still-
ness, the foreman holding the issue paper in his hand,
which was handed down to the Clerk of the Crown,
who then proceeded to call over their names and
those of the traversers. There being no response to
the name of " Daniel O'ConnelL"
The ATTORNICY=GENERAL rose and said, that he
had to move that the traversers should be called upon
their recognisances.
Mr. Forde—l appear - here for Mr. O'Connell.
My Lord, I will send for him if Mr. Attorney-Gene-
ral desires it.
Mr. Justice CRAmproN7-Will it not answer for Mr.
O'Connell to appear by attorney ?
The ATTORNEY-GENERAL--It is not with any view
to harsh steps that I move they should be called upon
their recognisances, but as a matter of regularity.
Mr. Gartlan—lt was understood that Mr. Duffy
should not be expected to appear.
Mr. Justice CRAMPTON—It is only a matter of
form, Mr. Gartlan. [The traversers were then seve-
rally called upon their recognisances, when it ap-
peared that Mr. O'Connell, Mr. J. O'Connell, the
Rev. Mr. Tierney, and Mr. Duffy were absent.]
The Clerk of the Crown (turning to the jury-box)
—Gentlemen, are you all agreed ?
The Foreman—Yes. (Sensation in the Court).
The Clerk of the Crown (reading the issue paper)—
Gentlemen, you say nothing on the first and second
counts. On the third you say, Daniel O'Connell, R.
Barrett, and C. G. Duffy are guilty.
Mr.. dustice CRAMPTON—If there be no finding on
the first or second counts, the verdict is imperfect.
The Foreman—We consider that they were too
comprehensive, my Lord, as the first included all -the
others.

The Crown Clerk—On the fourth 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 fifth you say D. O'Connell, T. M. Ray, T. Steele,
C. G. Duffy, and the Rev. T. Tierney are guilty.
On the sixth there is no finding. On the seventh all
but Mr. Tierney guilty. There is no finding on the
eighth or ninth counts. On the tenth you have found
D. O'Connell, J. O'Connell, T. M. Ray, J. Gray, T.
Steele, C. G. Duffy, and R. Barrett are guilty. On
the 11th 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 you. You have named certain traversers as guilty
in 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 on
which you have made no finding, you should state
whether you-are agreed or not, or whether you think
the traversers, or any of them, guilty or :not guilty,
stating the names in each case respectively. With
respect to those whom you have not named, you must
state that you find the traversers not guilty, if it be
your intention so to find, or if your meaning in
passing them by is that you are not agreed you must
so state it. Now, in the first count, you should state
on how much of it you find the traversers or any
of them guilty or not guilty, naming each on both
findings.
The Foreman said, that they thought the first count
too comprehensive.

Judge CRAMPTON and the ATTORNEY-GENERAL
instructed the jury that the first count entertained all
he 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 traversers 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 prac-
tical joker had told them that O'Connell was acquit-
ted, but the High Sheriff ordered the police to clear
the hall, if it were repeated.
Mr. Justice CRAMPTON continued—lf you are not
agreed as to any of the traversers you must so state
it, and mention their names.
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 sore.—(Sensatio? in the Court.)

The jury having made their appearances
regret at then'''. Op
sant communication he had to make to theme
had ive
been informed that his jurisdiction to 0a
their verdict had ceased after twelve o'clo4 °tell
he was much distressed to be obliged t°
Ov-
them that they would have to remain 1' 1: sle
finement until Monday morning it was fi cb
growing out of the period. of the. morning sit.
;2 °b-
they had arrived which it was impossible lort
viate. His Lordship stated that ever/ and
would be made to render their situation es e9si'd be
comfortable as possible, and that they w°ll' the
at liberty to attend Divine service, nacieervisg
care of the' High Sheriff, on Sunday. After iirder
expressed his regret again at being obliged to ell
them into confinement, and,given them sonlejeZ Pie
directions, his Lordship directed two Wall": -tklel
sworn for their safe custody, under whose care
were conveyed to their room for the night.' broke
As they left the box the crowd in the galleryb
into a loud laugh of derision, whereupon frig
Mr. Justice CRAMPTON directed the Highcdee
to have the first person arrested -whom be cow— ro,
toot in the commission of such a gross breach effeti
priety after the repeated admonitions he had gig
te
them. He would instantly commit to gt to
whomsoever was brought before him, and prov
ired;
be guilty of such an act. His Lordship then rot
and on his exit from the Court was followed by slots'
hundreds of the mob, who groaned and hissed
until driven back by the police. • all con'
Up to two o'clock on Sunday morning d foot,
tinued quiet. Large bodies of police, horse
and enT
it was
patrolled the neighbourhood of the Courts, ready
understood that all the troops in garrison were
to act at a moment's notice. t since,
Mr. O'Connell has not attended the Cour
•.
the day on which he made his defence. It 1: .'l.Ol
that the Hon. Gentleman is far from being Well, it,
that the illness under which he was labouring vit' 1..
when he made his address to the jury, has bee. in'
creasing ever since.

THE INDICTMENT.
FIRST COUNT.
The first count charges the traversers with "011,4,a.
fully, maliciously, and seditiously contriving, intenin"'
and, devising to raise and create discontent and di°111)::,
tion among the liege subjects of our said LaclY ted
Queen, and to excite the said liege subjects too
this
and contempt of the Government and Constitution
realm as bylaw established, and to excite hatrednieuleusi,e9'
and ill-will amongst different classes of the said subje.—
and to create discontent and disaffection amongst divhder :
of the said subjects, and amongst others her Ms../eSII •
subjects serving in Majesty's army ; and further, cow
triving, intending, and devising to bring into disrepute
and to diminish the confidence of her Majestys subject 9
in the tribunals duly and lawfully constituted for the'
administration of justice ; and further, unlawfollfr