The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-21

found them guilty OF the intent, as there stated at
all--and he (Mr Whiteside) only desired to have
the finding OF the jury exactly as that finding was
given.
The ATTORNEY GENERAL replied. and showed
| that the case, stated by Mr.. Whitesde, had
already been adudged upon it's merits, that the
separation OF the jury had been acceded to by
their counsel, and that the finding was in correct
| terms Of the record.
After some discussion, the Court unanimously re-
fused the notion principally on the ground, as they
| alleged, that Mr. Moore having consented TO the
separation OF the jury, it would be breach OF
| compact to accede TO 1t; and, also, because the
motion to alter the postea should have been made
within the first four days OF the last term The
traversers, however, were determined to make
another attempt, in the form OF a
MOTION IN ARREST OF JUDGMENT.
Sir CoLMAN OLoGBLEN SAID that the motion TO
amend the postea having been disposed OF, he had
to move, on the part OF the traversers IN arrest o.
judgment but being wholly unpfepsred, he trustt d
their lordshIps would give him time until Monday
| morning.
This was most strongly opposed by the Chief JUS
| ce and the Attorney General, who commended that
| Sir G. O'Loghin should proceed at once-after
the great delay already permitted, no further time
| should be granted.
prepared; and it was finally agreed that he should
state the outline of the Arguments he intended to
use, which he did in Court; and further, lthat he
should furnish the Attorney General with the cases
he intended 10 cite IN support OF his motion, that
| highland upon this understanding, the Court
| agreed to arjoarn.
| On MONDAY, eli ~. " LCGHLbN DROUGHT IOlwaEO
his motion, and spoke upon it for several hours
He described himself as counsel Tor Mr. O'ConneE
only and AS il evident that each of the ira
versers sought TO be heard by counsel the Court In
terfered, aud ruled absolutely that only two cour-
sci should be heard on each side. The Court ad-
journed at half past four.
On Tuesday, the SOLICITOR GENERAL repled. to
Sir G. OLoghlen, and was followed by Mr..
| M'DoNAGH tor the traversers.
| On Wednesday, the Attorney General common
ced his reply, 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 new tTlal. lie
condemned, IN stTeng language, The legal subtleues
and points Of law Thai we're resor'ed to by the tIpv
erters Tor the purposes of delay
Judges Burton. Champion, and Perrin, IN success
sion delivered their opinions, which are 10 accord
ance with those of the Chief Justice. The trav-
| ersers were IN attendance awaiting the sentence
MIR O'Ccnneil made affidavit, yesterday, to the
effect that 1t not customary to execute sentence
pending writ OF error.
At quarter to five the Court adjourned till next
morning, when sentence will be passed-but a mo-
ton will be brought forward that it may not be put
into operation till the judgment on the writ of error
shall be given.
; Thursday morning having been fixed for bring
ing the traversers up for Judgment, the popular ex-
| element, which Tor some time past seemed TO be
qulescent, began again to display some OF us Tor
mer vigor, and the preparations made about the
courts might be taken as a criterion OF the extent
to which II prevailed.
AS soon as the doors of the court were thrown
Open al lew minutes past ten, all tIlc scUts
could be placed at tine disposition of the bar or the
public were thronged with people. Several ladies
appeared in the galleries
MIR. OConnell, accompanied by Mr.. Smith
O'Brien, M. p, and by MIR. Steele, entered the
traversers bar at halt Fast ten, and scene ensued
, which, we believe, is altogether Unprecedented IN
. court of justice. All the barristers of the outer
bar, with the exception OF comparatively few, rose
, and greeted Mr. OConneI with loud and repeated
rounds Of cheers, accompanied with clapplng OF
hands. This demonstration OF reclamation con-
, tinued for a few minutes.
Attwenty minutes after eleven O'Clock the iul
| court sat-
The Chief Justice, on taking his scat, asked the
Attorney General # he had anything to move, and
that gentleman replied in the negative.
| Mr. Moore, q c., then rose and said, that on the
. part of Daniel O'CoDne and others he had to apply
to the court, that whatever sentence it might think
proper TO pass should not be put into operation until
after judgment would BIZ pronounced upon writ o!
error, which it wasthe intention of the traversers TO
prosecute with all Tossbe speed. The application
place in that court, and an affidavit made by MI.
OConre!l, which was TO the effect that he would,
with all possible speed, bring his writ Of error be-
fore the House of Lords; that it should be prose-
cued bona fde, and that his object not TO
delay, but merely to stay the sentence until the
Judgment of the House of Lords could be had. All
he asked of their Lordships to do was to pass what
ever sentence they in their wisdom, might think fit,
and to name such day Tor lis commencing to
operate, would enable the traversers, in the mean
lime, to prosecute their writ OF error. and he
|
est possible speed. II the judgment would be con-
lirmed then he submitted that the result would be
that the traversers would he forthcoming, by giving
bail to any amount, to answer whatever sentence
, their Lordships might be pleased to order, and,
upon these grounds, he most respectfully submitted
, that the order should be granted
The ATTORNEY GENERAL said, that on the part OF
the Crown II was hls duty 10 oppose that appca.
ton; he not then TO discuss the question: as to
what should be the law in such a case, or whether
the law in civil actions should also be the law in
criminal cases; all that he was called upon 10 do,
was To deal with the matter according to thu law
| as it then stood and, indeed, he said, Mr. Moore
himself admitted that the present application was
without precedent; and he could add, with perfect
confidence, that III case 1t would be granted, thai
within twenty -four hours after judgment had been
delivered, it would be circulated throughout the
country that the defendants were at large, and
!, could not be made anne nable to the law, and that
the Court had passed judgment which would be
: reversed within month He asserted the Court
. had no such authority by the common law OF the
= / land.
. The Court refused the motion, under the convc-
! ton that, as the law Stood they had no power to
|" grant it. At four o'clock, amid breahess anxiety,
= Mr.. Justice Burton, in an address during which
he shed tears, passed
I'll SENTENCE ON TUE TRAvERsERs.
DANIEL O'CoNNELI.--To be imprisoned for
twelve calendar months to nay fine OF E200O,
and TO enter into securities to keep the peace for
e seven yeas-hmsei in E5000, and two sureties OF
/; E2500 each.
! JonS O'CoNrrI.L, -oHS Cray, T.: STEELE, r.
2 BARRETT, G G.. DuFrY, aud T. M. RAY.-ro be
imprisoned for nine calendar months; to pay fine
OF ESQ, and to enter into securities to keep the
peace for seven ycars--themselves respectively in
ElOOO, and two surelies of E500 each.
sentence having been passed,
Il Mr.. OCoNNEIL immediately rose, and said that
he wished TO remind the Court, that he had made
I, "a solemn affidavit, declaring thai he had never
entered into conspiracy with tho other traversers
or committed the crime with which he was
charged lie had only to say il was his pain
, fnl conviction that Justice had not been done.
A sudden and vociierous cheer from nearly all
parts of the Court followed this result and al
though it WAS accompanied by the clappng Of
: hands amongst the Junior bar, and was two or
three times repeated the Judges did not interfere,
) although evidently dlspleased.
The Traversers Immediately surrendered into
= ~. do oE th. Sheriff