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

THE VERDICT.

DUBLIN, SUNDAY MORNING, FOUR O'CLOCK.—
The time between the adjournment and nine o'clock
It 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 of the Court to silence
it. Outside an angry, and anxious, and excited mob
had been forming, every minute adding to its
numbers, 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 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 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
place 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 CRAMFTON—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. HATCIIELL, Queen's Counsel—Not if they are
not agreed on every count, my Lord. They can't, 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, 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—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 be
at liberty to receive their verdict so stated.
Mr. MoonE=l 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 ATTORNEY-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 CRAMPTON—WiII 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 CRAbIiTON.—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 Mrs. 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.. Justice 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
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 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 ig no difference of opinion among us, and it
is merely as to the wording of the findings that we
are not sure.—(Sensation in the Court.)

The ATTORNEY-GENER. iL was about addressing the
Court, when

Mr. MOORE, interrupting him, exclaimed—Pray,
let the jury retire, Mr. Atto.rney, before you speak.

The ATTORNEY-GENERAL .said that other counsel
had addressed the Bench %%Mk, the jury were in Court,
and (the jury having retired) continued to make some
observations on the first count, which he wished to
have laid before the jurors.

Mr. Justice CRAMPTON said he bad already ex-
plained the nature of that count to them.
Mr. MOORE said that he had, on the part of the
traversers, to object to the directions which he under-
stood his Lordship to have given to the jury, on the
ground that he had directed them to give a finding on
every count, whereas they could not do so on those
whereon they were not agreed.
Mr. Justice CaAmtrorst—They do not disagree on
any part, Mr. Moore.
Some further discussion ensued upon this point,
when, at a few minutes before 12 o'clock,
The ATTORNEY-GENERAL x-ose and said, that he
thought that the Court should be adjourned till Mon-
day morning, as after 12 o'clock on Saturday night;
he apprehended that the verdict could not be received_
by the Court. He therefore thought it right to state
that he thought the Court should adjourn.
Mr. Justice CRAMPTON, observing that it was not,
12 o'clock, directed the jury to be summoned at once,
and asked was it quite certain that 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 doabt should
arise, he certainly did think thelCourt should adjourn.
The Jury entered their box, and the for eman said
that they were not yet quite ready.

Mr. Justice CRAMPTON advised them to be in a
hurry, as it was close to twelve o'clock, and they
retired hastily, followed by a peal of derisive laughter.
Mr. Justice CRAMPTON—This noise and laughing
is extremely indecent, and I must exereisie the au-
thority of the Court if such a breach of order and
decorum be again committed. His Lordship ap-
pealed to both sides to know if some consent could not
be arrived at to receive the verdict, or to let the jury
go home.

Mr. HATCBELL would reserve any point that might
arise upon receiving the verdict after tweilve o'clock.
in favour of the traversers, and

The ATTORNEY-GENERAL said that 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 A#torney
General if he was perfectly sere that the verdict was
not receivable after twelve o'clock ? •

The ATTORNEY-GENERAL did not know; he was
not aware of any precedent upon the point, and would
not go the- length of saying that the verdict would
not hold ; but he thought it the safer •course to
adjourn.

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 or:
diet after 12 o'clock on Saturday night, but was sure
that he had done so on other occasions. He wanted
everything to be done according to law, but he thought
both sides should consider the great inconvenience
that would result to the 12 gentlemen on' the jury
from being confined the whole of that night and the
following day until Monday morning. To some of
them it might be fatal. He wanted to know if there
was a necessity for such measures, for they were
not at all advisable if there was no necessity ?
The ATTORNEY-GXVERAL persisted in his desire
for the adjournment of the Court.

Mr. Justice CRAMPTON several times repeated hls
request to be informed if the adjournment and conse-
quent confinement of the jury were necessary, but
did not elicit any answer on the point from the At-
torney-Geveral, and, turning to Mr. Moore, asked,
" What do you say ?"
Mr. MOORE—Nothing, my tord (tittering).
Mr. Justice CRAMPTON—YOU do not much commit
yourself, Sir.
Mr. HENN, Queen's Counsel, after some consulta-
tion with his learned brethren, said that he did not
object to a verdict being received after 12 o'clock,
nor yet did he consent to it.

Mr. Justice CRAMPTON complained that he could
get no information from either aide.

The ATTORNEY-GENERAL slid he was willing to
give all in his power, but the case was a singular
one, and lest an objection shou]d be raised here-
after, he thought it the safer plan for the Court to
adjourn.

Mr. Justice CRAMPTON said he would not discharge
the jury, as it seemed to be against the opinion Of
both the Crown and the traversers.
Mr. MoortE—Not ours, my Lord; we say nothing.
His LORDSHIP repeated his remark, wiiich was re-
pudiated by the traversers, and said that he weld'
adjourn the Court till eight o'clock on Mendl
morning.
Mr. MooßE—What hour, my Lord ?
Mr. Justice CRAMPTON—Eight o'clock on Monday'
as it is only fair to release the jurors as soon sg
possible.
The ATTORNEY-GENERAL—Perfectly so, my Lerdj
However, after some grumbling, it was arrange"
that the Court should stand adjourned till nine
o'clock.
Mr. MONAHAN, Queen's Counsel, on behalf of
the
traversers, handed in a written objection, which
understood to be to the competency of the Court
adjourn after twelve o'clock on Saturday night.
The jury were then summoned.
Txrcl,
Mr. Floyd (a juror) entered and said, "My we
we have been twice summoned when it appears
were not wanted."
Mr. Justice CRAMPTON—You are wanted "ow,
Sir.

The jury having made their appearance,
His LORDSHIP expressed his regret at the ii°l3le;
sant communication he had to make to thew.
had been informed that his jurisdiction to rece—d
their verdict had ceased after twelve o'clock, I/11
he was much distressed to be obliged t° t:0
them that they would have to remain in C
finement until Monday morning. It was a &tin
growing out of the period of the morning at
they had arrived which it was impossible o t
viate. His Lordship stated that every eiThtd.
would he made to render their situation as easy an
comfortable as possible, and that they Would+he
at liberty to attend Divine service, under
care of the High Sheriff, on Sunday. After haval.
expressed his regret again at being obliged to °raid
them into confinement, and given them some gen- be
directions, his Lordship directed two bailiffs t°
sworn for their safe custody, under whose care they

were conveyed to their room for the night.
roke
As they left the box the crowd in the gallery b
into a loud laugh of derision, whereupon
gheritt.
Mr. Justice CRAMPTON directed the High
to have the first person arrested whom he caul" "-o:
tect in the commission of such a gross breach effyreo
priety after the repeated admonitions he had glete
them. He would instantly commit to Ne%
wh to
omsoever was brought before him, and prove... 4,
be guilty of such an act. His Lordship then re al
and on his exit from the Court was followed by sevhini
hundreds of the mob, who groaned and hissed
until driven back by the police. ll Cow
Up to two o'clock on Sunday morning a t
tinned quiet. Large bodies of police, horse alla,tfl:;
patrolled the neighbourhood of the Courts, and 1
eady
understood that all the troops in garrison were r

to act at a moment's notice.
Mr. O'Connell has not attended the COurt Since
the day on which he made his defence. It is said
that the Hon. Gentleman is far from being vvell:: acid
that the illness under which he was labouring vi6"-'
when he made his address to the jury, has been in-