The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-02-13 00:00:00

THE uvERPOOL STANDARD

STATE PROSECUTION S.

LATEST rNTELLIGENCE.

The proceedings ou these trials will be found detailed
in another column up to the close of the charge on Satur-
day night.
At half-past seven o'clock Mr. Justice Crampton en-
tered the court, and informed the counsel for the traversers
that he should retire till a quarter to nine o'clock, when
he should again be in attendance. Bailiffs were then sworn
in to prevent access to the jury. In accordance with this
Calation, at twenty minutes to nine the Judge again
entered the court, and shortly after the Attorney-General
and Solicitor-General entered, and took their places at
the inner bar.
The High Sheriff having intimated to the jury that his
lordship was in waiting to receive their verdict, the Fore-
man entered the box and informed the court that the jury
were not quite ready. His lordship then withdrew.
At ten minutes to eleven he again returned to court,
and the jury being called into the box, the Foreman
asked if they were to give a verdict upon each count of
theindictment, and was informed that the following was
the course. If they were agreed upon each count, or
upon all the counts, they had only to say " not guilty," or
" guilty :` if they agreed upon some, they must state
those upon which they were agreed, and the names of the
traversers, with respect to whom they were agreed ; but
that there ought to be a finding upon the whole.
At twenty minutes past eleven the jury came again into
court and answered severally to their names. The crier
was then directed to call the traversers, of whom Daniel
O'Connell and John O'Connell were not present, and
were called upon their recognizances, though only as a
matter of form. To enable our readers the better to un-
derstand the finding of the jury, we present them here
with an abstract of the various counts of the indictment.
The first sets out, that the several traversers together
with divers other persons unknown, did unlawfully and
maliciously 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 the administra-
tion of justice ; also to create changes in the government
and constitution of the conntry and to bring them into
contempt. The count then sets out the several overt acts
which were done in furtherance of that conspiracy.
The second count is the same as the first omitting the
overt act.
The third sets out the meetings for seditious and un-
lawful purposes.
The fourth, the conspiracy to excite discontent and
disaffection in the army.
The fifth, the conspiracy to bring into hatred and con-
tempt ber Majesty's government.
The 6th to procure changes on the government and con-
stitution by means of intimidation.
The 7th is the same as the 6th, adding the charge of at-
tempting to procure a dissolution of the legislative union.
The Bth, 9th, and 10th set out the attempt to disparage
the tribunals constituted for the administration of justice;
and

The 11th charges them with using means of intimidation,
with causing large numbers of persons to assemble, and
with having addressed them in seditious and inflammatory
speeches. Also, with the fabrication of matter intended
to effect changes in the constitution.
The Clerk of the Crown then proceeded to call on the
jury for their verdict. He said gentlemen—you say
nothing on the first count, nor on the second. On the
third count you say Daniel O'Connell, Richard Barrett,
and Charles Gavan Duffy, are guilty.
Judge Crampton.—You find nothing on the first count,
gentlemen.
Clerk of the Crown.—You say on the fourth count that
Daniel O'Connell, Thomas Matthew Ray, Dr. Gray,
Thomas Steele, and Charles Gavan Duffy, are guilty.
On the fifth count you say Daniel O'Connell. T. M.
Ray, Thomas Steele, and Caries Gavan Duffy, are guilty.
You find nothing on the sixth count.
And on the seventh you say Daniel O'Connell, John
O'Connell, and Thomas Steele, are guilty.
There is no finding on the Bth or 9th count, but on the
10th you find that Daniel O'Connell, John O'Connell,
Thomas Matthew Ray, John Gray, Thomas Steele, the
Rev. Mr. Tierney, and Charles Gavin Duffy are guilty ;
in the 11th count there is no finding, but merely the fore-
man's signature for self and fellow-jurors.
Mr. Justice Crampton.—You must take your verdict
back, for in its present state it is imperfect in six
counts—in respect of which you have come to no concha•
sion as to the guilt or innocence of the traversers. It is
your duty to return a verdict of guilty or not guilty; and
if you cannot come to an agreement on any count or
counts, you ought to say so in your verdict.
A long conversation then ensued, in which the Judge
informed the jury what was the proper course which they
were to pursue with respect to those counts which they
had omitted to fine. With respect to the first count, the
foreman explained that they were agreed upon it, but that
they were at a loss for the wording of their verdict. and
was informed by the Attorney-General that the first count
embraced the several branches of the conspiracy, which
were split afterwards into other counts; and if the jury
were of opinion that all the traversers, or any of them,
were guilty, of course they would be of opinion, under the
circumstances of finding on a portion of the first count ;
but were at liberty to find on the whole of the counts.
Mr. Moore, on the part of one of the traversers, objected
to the direction that if they disagreed in regard to any
count they should express their disagreement. The jury
then retired.

At ten minutes to 12 o'clock they appeared again, when
the following rather dramatic colloquy took place.
Judge Crampton—Gentlemen, have you now arranged
as to your verdict?
Foreman.—Not yet, my lord.
Justice Crampton.—lt is very near twelve o'clock ;
therefore you had better be quick ! (Great laughter.)
This noise is extremely indecent, and I must exercise the
authority of the court, if I find any one committing a
breach of order. I request that there be more order pre-
served.
Mr. Moose.—lt certainly is just twelve o'clock.
Mr. Justice Crampton.—ls your watch perfectly cor-
rect ?

Mr. Moore.—lt accords with the Post-office clock, try
always
before
he jury will again appear,
correct Lord.
Mre
re.tJ. usAtitcea Cl
ervaerrinptstr
b
e and it remains to be considered
whether
the verdict is to be taken to-night or not.
Post-office
twelve o is' cloacakt
The Attorney-General.—l cannot possibly consent to
the jury separating.
Mr. Justice Crampton.--I don't suppose you can.
The Attorney-General.—l think, my lord, the court
should to be adjourned.
Mr. Justice Crampton.—Do you say that the verdict is
not receivable after twelve o'clock ?
The Attorney-General.—l do not go the length of say-
ing that.
Mr. Justice Crampton.--I only want to do that which
is right—that which is according to law.
The Attorney-General.—l certainly should wish the
court to adjourn.
Mr. Justice Crampton.—l shall not discharge the jury
against the will both of the crown and counsel tor the tra-
versers. And I now adjourn the court until eight o'clock
on Monday morning.
Mr. Moore.—Eight o'clock?
Mr. Justice CI ampton.—yes ; for I do not desire to
confine the jury longer than is absolutely necessary.
Perhaps I might say nine o'clock.
Mr. Justice Crampton.—l want the jury a third time.
(Laughter.)
The jury having appeared,
Mr. Justice Crampton addressed them as follows:
Gentlemen, I have a very unpleasant communication to
make to you. lam informed by the learned connsel that
it now being past twelve o'clock, it is out of my jurisdic-
tion to receive your verdict. lam very much distressed,
indeed, at the necessity which results from the circum-
stances. You must remain in your room, and give me
your verdict at nine o'clock on Monday morning. This
is a fatality arising out of the hour. Sunday morning has
commenced. You will retire to your room, and every
possible accommodation will be afforded you. The sheriff
has been instructed—indeed he requires no instruction on
the subject—to make you as comfortable as possible. You
will be provided with sleeping accommodation. and every-
thing you may desire. The sheriff will, to-morrow, at
the proper hour, acompany you all to church should you
desire to attend divine service—you will return with him,
and on Monday morning I or some other judge will be in
court to receive your verdict. Again, I say that I am
very much distressed by the circumstance of inconveni-
encing you, but under the peculiar circumstances of the
case there is no alternative.
'I he court then adjourned until Monday at nine o'clock.
During the whole of the time when the jury were
making up their verdict, the hall of the courts was crowded
to such an extent as to be totally impassable. The most
intense anxiety to learn the result was manifested in the
hall and out of doors; and so far as the imperfect verdict
showed what their ultimate determination would be, it
seemed to stagger the Repeal party, who, to the last, had
been taught to look for an acquittal or no verdict at all.
The castle authorities had taken every precaution to pro-
vide against any outbreak of the populace, the military
being under orders to be in readiness from an early holm
in the morning.
ADDRESS OF O'CONNELL TO THE CATHOLIC PRELATES

OF IRELAND.
On Sunday an address by O'Connell to the catholic
.
prelates of Ireland was published a fourth edition of the
Nation, dated Sunday evening, six o'clock. Its purpose
is ostensibly to call upon them to exert themselves to pre.
serve the peace of the country, in the event of his convic-
tion ; but one paragraph of the documentis probably as
seditious and provocative of the passions of the people as
could well be conceived. •` I know," says the writer,
" that every exertion for maintaining the public peace will
have your lordships' sanction and powerful assistance.
But that assistance is probably the more necessary now,
inasmuch as the state prosecutions have had a sectarian.
colour given to them by the conduct of the prosecutors, in
striking of all the catholics from the ballot jury list, in
addition to the fact of the dropping out from the jury
panel at large no less than thirty-five catholics. it is to
prevent any irritation springing from this violation of the
_feelings of the people of Ireland, that I, with
religiousprofound
humility, intimate to your lordships the pro-
priety of suggesting to the clergy of every parish--and
your suggestions will, of course, be acted upon zealously
and universally—to take care that neither vindictive nor
angry feeling shall be exhibited by their flocks as a conse-
quence of this wrong—to stifle every expression of sorrow
and resentment in tine recollection that prudence as well
vs duty, personal safety as well as religion, imperatively
demand that every district of Ireland should persevere in
maintaining the most perfect order and imperturt,able
tranquility."