The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-06-04 00:00:00

LAND.

COURT OF QUEEN'S BENCH, MA'r 27.
About eleven o'clock on Monday last the court
assembled, when Sir Colman O'Loghlen rose to move
an arrest of judgment on behalf of Daniel O'Con-
nell, and to show, that upon the record as it then
stood, judgment could not be passed against that gentle-
man ; it was evident from the way in which 'the learned
gentleman expressed himself, that the traverPjrs'expected
to be heard each by separate counsel, upon the present
motion. Thus they flattered themselves they would be
able to spin out the proceedings to so late a period that
the coutt would be unable to pass sentence until next
term. However,
The Chief Justice, perceiving their intention, interrupt-
ing Sir Colman O'Lochlen, said, that from his (Sir Col-
man O'Lochlen's) stating simply that he appeared as
counsel for Daniel O'Connell, it was right to inform him
that the court would consider the application he was about
to make as made on behalf of all the traversers, and could
not hear more than two counsel on each side.
Sir Colman O'Loglilen said that he was only instructed
on behalf of Mr. Daniel O'Connell; and that some of
the traversers having been convicted of a different offence
from that of which he was found guilty, they would seek
to address the Court by their own counsel.
Mr. Close, also for the traversers, urged their right to
move separately in arrest of judgment ; but the Court put
an end to the ma ter by stating that as the points of law
relied on were the same in the case of all the traversers,
they would adhere to the ordinary practice of the Court,
and were determined not to hear more than two counsel
on each side.
Upon this the traversers' counsel appeared somewhat
crestfallen, and Sir Colman O'Loghlen proceeded to ad-
dress the court in arrest of judgment, upon the ground
that the caption to the indictment did not state which of
the grand jury had been sworn, and which were affirmed,
(there was a Quaker upon the grand jury), and also that
the indictment contained several distinct charges, and
was therefore bad for duplicity, and further that the
charges were too vague and uncertain. The learned
counsel then proceeded to argue these points at great
length, but without seeming to produce the slightest im-
pression on the Court, the object appearing to be to be-
wilder the Court with a host of cases and authorities hav-
ing little or no reference to the subject.
Sir Colman addressed the Court at great length ;
his object appeared to be to speak against time, as he
cited authorities and positions which had been so often
referred to in the proceedings that they had lost even
the air of novelty ; indeed, when he was about to read
out one case, Judge Crampton entreated him to save
himself the trouble, as he had already heard it seven
times during the trial, and had it almost by heart.
Mr. Fitzgibbon insisted that, notwithstanding what bad
fallen from the Court that morning, the traversers, every
one of them, had a right to make a separate motion to
arrest the judgment.
The Attorney-General rose and stated, that he antici-
pated the objection would be made, and he had therefore
consulted the Attorney-General for England on the sub-
ject, and he informed him that the Queen's Bench in
England would not hear more than two counsel on such
a case.

Mr. Fitzgibbon said that Sir Wm. Follett's saying so
did not make it the law.
The Chief Justice observed, that the counsel for the
traversers had no right to complain ; that each of them,
throughout the case, bad addressed the court as if
he was concerned on behalf of them all. The
rule of court was against Mr. Fitzgibbon's client,
and he (the Chief Justice) for one would adhere to it.
There was another able counsel to be heard on the same
side as Sir Colman O'Loghlen, and anything the other
counsel wished to urge, they could say it to him.
The other members of the Court concurred, and the
application of Mr. Fitzgibbon was unanimously refused.
The Court then adjourned at half-past four o'clock.
On Tuesday the Solicitor-General replied, and was fol-
lowed by Mr. M`Donough, on behalf of the traversers.
The court adjourned at four o'clock.

The Attorney-General commenced his reply on Wed-
nesday morning, and concluded at half-past one o'clock.
The Chief Justice then proceeded to give judgment on the
motion, and stated that the whole court were unanimous
in refusing a new trial. He condemned, in strong lan-
guage, the legal subtelties and points of law that were re-
sorted to by the tt aversers for the purposes of delay. The
court soon after adjourned.

On Thursday the court presented a scene of excitement
perhaps without precedent. Half-past ten o'clock was
fixed upon for bringing up the " conspirators" to receive
sentence, and before that hour the various avenues lead.
ing to the court were thronged. Several ladies of dis-
tinction, including Lady Donoughmore, Mrs. Bush, and
Mrs. Pennefather, occupied seats in the principal galleries.
The scene of excitement and bustle in the hall when Mr.
O'Connell made his appearance almost surpasses descrip-
tion. After Mr. O'Connell had taken his seat at the tra-
versers' bar (the Judges not having at the time taken
their places), the barristers then present, with the excep.
tion of about twenty individuals, rose, cheered lustily,
clapped their hands, and repeated their applause, which
was reiterated and echoed by the crowds outside. The
scene was taken up by the occupants of the galleries, who,
as well as many of the junior bar, displayed the " national
emblem" —the repeal button—in the most .prominent
manner. It is but an act of justice to the Irish bir, which,
as a body, has always maintained the highest character,
to state that the individuals of it who mustered so strongly
upon this occasion were mere juniors, and the neophites
of the Corn Exchange. Mr. O'Connell bowed repeatedly
(his hand on his breast) in acknowledgnient of the voci-
ferous shouts by which he was greeted, and it is but fair
to him to state that he seemed to feel sensitively the
awkward position in which the indiscretion othis pro-
tegees had placed him.
About half-past eleven, Mr. Moore moved that the
sentence of the court should be postponed until the writ
of error was disposed of. The Attorney-General replied,
and Mr. Whiteside also spoke in favour of the motion,
and was answered by the Solicitor-General. The court,
after a few minutes' conference, decided that however de-
sirable it might be to suspend the sentence until the opi-
nion of the ultimate tribunal—the House of Lords—
should be had, the laws made no provision for such a
course, and the motion was therefore refused. The four
judges agreed in this, and the announcement produced
great sensation.

THE SENTENCES.

The Attorney-General soon after rose, and moved that
the traversers ( with the exception of the Rev. Mr. Tierney)
be called to appear at the bar and receive the judgment of
the court.

After an interval of a few minutes, the traversers, who
had previously retired to their chamber adjoining the
court, were sent for, and their re-appearance elicited the
greetings of their effervescent friends in various parts of
the building. . . . .

Mr. O'Connell and his son took their seats at the
Queen's counsels' table. The other traversers occupied
a box immediately behind.
Mr. Bourne (the clerk of the crown) having formally
called them by name, and they having respectively an-
swered,
Mr. Justice Burton proceeded to pass sentence amidst
the most profound silence. The learned judge spoke in
the most solemn and emphatic manner, but was scarcely
audible. His Lordship after noticing the crimes of which
the traversers had been found guilty, alluded to the dis-
tinction in their cases, and said that one of them stood in
a peculiar position. [The learned judge was here inter-
rupted for a few minutes by the sensation produced by his
last observation, and the simultaneous rush of as many as
could move towards the bench in order to catch every
syllable that might fall from the Court relative to Mr.
O'Connell.] 'With respect to him (resumed his lordship)
he must consider that he stands in a very peculiar condi-
tion indeed, with regard to the commission of the offence
of which he, and the other traversers at tbelar, had been
convicted. They had concurred, unquestionably, with
him in the course which he thought proper to pursue,
but they had, as the Court believed, concurred with him
in consideration of the high estimation in which they held
his superior talents and judgment, and he, moreover, had
accepted, acknowledged, and taken upon himself the
avowed condition of being their leader; and therefore his
case differed from that of the other traversers. [Every
allusion to Mr. O'Connell being the signal.for renewed
excitement, this observation, of course, produced its effect.]
The learned judge proceeded to observe that these con-
siderations lesiened what might be looked itpvn as the
great guilt of their conduct; when it was..agOred bow
far they might have been drawn into the commission of it
by the estimation in which they had held his judgment.
[Mr. John O'Connell here interrupted the court, ap-
parently under the influence of considerable excitement,
and made some observation, the only audible part of
which was, " Pardon me, my lord." His father, who
continued to sit beside him, interposed and compelled him
to pieserve silence.]
Mr. Justice Burton hesitated for a little, in order to as-
certain what the substance of the observation was which
was addressed to him, but finding tfiat Mr. John O'Con-
nell had resumed his seat, the learned judge observed that
there was another gentleman before the court—he meant
the son of the principal traverser—himself a man of ac-
knowledged talent, legal attainments, high in estimation,
with whom he (Mr. Justice Burton) had the honour of
being personally acquainted, and of whose general con-
duct'he had a high opinion. In his case, also, the prin-
cipal traverser would see circumstances strongly in his
favor from the near relationship in which he stood to him.
His Lordship then alluded to the monster meetings, and
said,' that though the principal might no doubt intend to
carry his object without any infraction of the public peace,
yet that the gathering of them was a high and dangerous
misdemeanour—dangerous to such an extent as nearly to
have' produced civil war. [Sensation.] After a few tur.
ther 'remarks on this subject the learned judge said, " A
crime had been committed which called for exemplary
punishment—punishment likely to prevent the same, per-
sons from committing the same offence again, and to deter
others actuated by the same feelings from the perpetra-
tion of similar acts. For himself, and he might, he
thought, add all the court, he was sure that his own and
their minds had been brought into exactly the proper
state to consider the case. They were bound to award
punishment of an exemplary kind, but at the same time
were determined not to suffer any opinion of their own as
to the offence to guide them, but to strictly examine and
conclude upon the character of the offence. With these
remarks, he said it then only remained for the court to
pass sentence. [Here the learned judge appeared much
affected, and after a brief pause proceeded.] The court
are of opinion that Mr. O'Connell must be sentenced to
be imprisoned for the space of 12 calendar months, that
he most be fined in the sum of £2,000, (sensation,) and
that he must enter into security for his good behaviour for
seven years, in the sum of £5,000, and in two sureties for
£2,500 each. With respect to the sentence on the re-
mainder of the traversers, the court should award the same
amount of punishment to each ; namely, that each be im-
prisoned for nineealendar months ; and V:tit each of them