Feb. 17,] 



THE NEWSPAPER 



fl844. 



dividend which can on future occasions be satisfactorily 

 supported. It was distinctly stated at the meeting that 

 they sanction and encourage the projected line to Holy- 

 head, as also that connecting Lancaster with Carlisle. 

 The net profits for the year 1843 were 502,484/., and the 

 dividend at the last meeting 242,732/., leaving the dis- 

 posable balance of 259,751/. for the present dividend. — 

 The Chester and Birkenhead Company at their recent 

 meeting announced a dividend of 8s. 6d. per share on the 

 50/. share, and 4s. 3d. on the 25/. share, and this concern 

 is now to be amalgamated with the new project of the 

 Holyhead Railway. The terms on which the amalgama- 

 tion takes place are purchasing the stock of the Chester 

 and Birkenhead Company at par, and allowing the share- 

 holders either to take new shares in exchange or receive 

 immediate payment. — The Northern and Eastern Com- 

 pany held their meeting last week. The report showed 

 that the line continues to improve, and the dividend the 

 net profits return is 5 per cent., which was the amount 

 declared, although the directors in their report only re- 

 commended 4 j per cent. When the line is fully developed 

 the directors say that there can be no doubt ot the share- 

 holders receiving a dividend considerably in excess of the 

 5 percent, guaranteed by the Eastern Counties Company, 

 according to the agreement made between the two com- 

 panies. — The North Midland Company have declared a 

 dividend of 21. on every whole share, of 1/, on every half 

 share, and 13*. Ad. on every third share, clear of income 

 tax, and then 4,956/. 3s. Ad. is left to be carried to the 

 next half-year's account. The net profits of the past 

 six months were 64,722/., showing an increase in 

 revenue of 6,463/., and a decrease in expenditure 

 of 6,230/.— The York and North Midland pays a 

 dividend of 21. 10s. on each whole share, and 1/. 3s. 

 on each half-share, clear of income tax. The total receipts 

 of the half-year have been 4 7,594/. and the expenditure 

 23,218/., leaving about 24,400/. for division among the 

 shareholders. — At a special meeting of the South Eastern 

 and Dover Company on Saturday, resolutions were unani- 

 mously passed authorising the directors to apply to Parlia- 

 ment for an Act for the improvement of Folkestone 

 Harbour, and to take steps to enable them to carry a line 

 from Ash ford to Canterbury, Ramsgate, and Margate, and 

 also empowering the directors to lease the intended 

 Tenterden, Rye, and Hastings Railway at 41. per cent, per 

 annum, provided its cost does not exceed 400,000/. 

 During the discussion several resolutions were read, 

 passed at public meetings at Margate, Ramsgate, and 



Broadstairs, highly approving of the proposed line 



The Jury at the recent inquest on the men killed on the 

 Eastern Counties Line have returned a verdict of " Man- 

 slaughter against some person or persons unknown." — 

 On Saturday, as Sir William Follett, with Messrs. 

 Crowder, Alexander, and Wordsworth, were returning 

 from Maidstone, where they had been attending some 

 railway compensation cases by a special train, on its 

 arrival at New Cross on the Greenwich Railway there 

 were three men employed with trucks on the. railway. 

 The train not being expected, the men had scarcely time 

 to save themselves, leaving the trucks across the rails ; 

 the engineer had not time to stop the engine, a collision 

 took place, and the shock was violent ; but the Solicitor- 

 General and his colleagues escaped without injury. 



Ireland" 



The State Prosecutions. — Twenty-second Dai/. — 

 On Friday morning the Solicitor-General resumed his ad- 

 dress to the Jury, which it will be recollected he commenced 

 on the morning of Wednesday, and occupied the entire of 

 that day and Thursday in continuing. He commenced 

 vrith the history of the Mullaghmast meeting, and ana- 

 lysed the whole of its details, including the speeches be- 

 fore and after dinner — the inflammatory handbill sold 

 among the people — the military costume of the musicians 

 —-and parading of the people, &c. He next adverted to 

 the preparations for the meditated Clontarf meeting — the 

 famous Repeal cavalry advertisement — and other circum- 

 stances connected with that last of the monster meetings. 

 He referred to the history of the battle of Clontarf, as 

 given in the Pilot newspaper, and finally observed upon 

 the effect of the proclamation in arresting the course of 

 Mr. O'Connell's proceedings. The learned Gentleman 

 having gone through all the evidence given for the Crown, 

 submitted to the Jury that they had fully made out the 

 case. As to the evidence given for the defence, he asked 

 could anything be imagined more weak — more insufficient 

 — more nugatory ? Jt was only valuable as a negative, 

 pregnant with confirmation of every charge in the indict- 

 ment. It was remarkable that no petitions to Parliament 

 had ever issued from one of these monster meetings, and 

 even the pretext of preparing such petitions was scarcely 

 resorted to. He made a few observations on the evil con- 

 sequences which had resulted to the country from this 

 Jong-continued agitation, exposed the total want of ana- 

 logy between the circumstances of Ireland now and those 

 which existed in 1782 — the period so constantly referred 

 to by Mr. O'Connell, and wound up with a brief appeal 

 to the Jury. He concluded at half-past twelve when the 

 Judges retired. At one o'clock the Court resumed, and 

 the Chief Justice proceeded to charge the Jury. 



The Charge. — The Chief Justice commenced bv 

 saying that it now fell to him to make such observations 

 as occurred to him upon the manifold circumstances of 

 this very important case, and he was happy to say that in 

 conference with all his Learned Brethren of the bench, 

 there was a concurrence existing between them upon the 

 subject-matter which he would lay before them. He then 

 proceeded to state the charges in the indictment and to 

 l_forththe law as it appeared applicable to this parti- 



toTmJoTsh^le^crielF W^Li^!^ on thi » branch 

 case befcre the public, and to convict t 



of the subject — going through a number of the cases cited 

 by counsel on either side and concluding with what he 

 conceived to be the settled law of the country on the sub- 

 ject of conspiracy. He then commenced his review of 

 the evidence with the various cards of membership issued 

 and made use of by the Repeal Association, commenting 

 upon them in such a way as could not fail to convey to 

 the Jury that more was meant than met the eye in the 

 several devices and figures printed upon them. His 

 Lordship, in referring to some portion of the evidence, 

 used words to the following effect : — " If," said the Chief 

 Justice, " I have mistaken, the gentlemen at the opposite 

 side will set me right." By this time the hour of five 

 had struck, and his Lordship announcing that he could 

 not finish his charge that evening, the Court adjourned. 



Twenty-fourth Day. — At 10 o'clock on Saturday the 

 Chief Justice resumed his charge. Before entering upon his 

 task he said he wished that in anything he had stated on the 

 preceding day it should be distinctly understood that, though 

 he was not satisfied with the authorities cited to him by Mr. 

 Fitzgihbon, he did not mean to say anything disrespectful 

 towards that gentleman, and that moreover he entertained 

 much esteem for his professional talents and private cha- 

 racter. He then resumed his comments upon the evi- 

 dence by observing upon the large funds and flourishing 

 exchequer acquired and maintained by the Repeal Asso- 

 ciation, and upon the power ; organisation and discipline 

 to which that Society bad been carried. He next called 

 the attention of the Jury to the paper which it had 

 promulgated called ** Plan for the Renewed Working 

 of the Irish Parliament," and said that what it proposed 

 was a revolution and that it was sought by the Association 

 not as a matter of petition but of demand. He next pro- 

 ceeded to review some of the means by which this demand 

 was to be enforced, and particularly the monster meet- 

 ings, beginning at Mullingar and ending at Mullaghmast. 

 His Lordship considered the last of these meetings to be 

 the most important of all the Repeal demonstrations, as 

 showing what the real intent and disposition of the 

 traversers was. He next proceeded to animadvert upon 

 the establishment of the Repeal Arbitration Courts, their 

 tendency and illegality. He then referred to the case of 

 the Rev. Mr. Tierney, as distinguishable from that of the 

 other traversers, and made some observations calculated 

 to induce the Jury to think more favourably of him than 

 of the other parties accused. He adverted however rather 

 strongly to one speech of an inflammatory character, 

 delivered by the Rev. Gentleman at the Repeal Associa- 

 tion, which he seemed to think identified him in point of 

 intent fully with the other traversers. He next referred 

 to the evidence which connected Mr. Duffy with the rest 

 of the traversers, beginning with an article in the Nation 

 entitled " Something is Coming," to Mr. Barrett's pub- 

 lications in the Pilot, and to the part taken by Dr. Gray 

 in organising the Arbitration Courts. On this point, as 

 constituting one of the principal counts in the indictment, 

 the Chief Justice dwelt at considerable length, and said 

 that if the Arbitration Courts were established " by the 

 traversers with a view of bringing the administration of 

 justice into contempt and disrepute, and to withdraw from 

 the Judges that confidence which the people had in them 

 — if the traversers did these acts, and did them with a com- 

 mon design, then he told the Jury that what they so did 

 was a high misdemeanour — was highly illegal ; and that if 

 they conspired to do these things by combination they were 

 guilty of the conspiracy imputed to them in that respect." 

 liis Lordship then briefly recapitulated the other grounds 

 of accusation. 



"The eight traversers," he said, "were indicted for having 

 conspired and agreed to raise and create disaffection, hatred, and 

 unlawful opposition to the Government and Constitution ; to 

 stir up jealousies amongst the Queen's subjects, and to promote 

 ill-will to her other subjects, especially the Irish against the 

 Enghsh; to excite disaffection in the army; to collect unlawful 

 assemblages in large numbers in Ireland, in order to obtain 

 changes in the laws and constitution by intimidation and the 

 demonstration of physical force ; and to bring the courts of judi- 

 cature established by law into disrepute, and with the intent to 

 induce the subjects of the Queen to submit their disputes to other 

 tribunals. It they were of opinion that the traversers, or any 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 ot the conspiracy as laid. I (con- 

 tinued the Chief Justice) have put the questions to you in the 

 language of the indictment. It lies upon the Crown to establish, 

 which they have undertaken to do, that the traversers, or some 

 of them, are guilty of a conspiracy such as I have already stated 

 to you, a conspiracy consisting of five branches, any oneof which 

 being- brought home to your satisfaction will maintain and 

 establish the charges which the Crown have undertaken to 

 prove. But, gentlemen of the Jury, you are never to lose 

 sight of this fact, that criminality or crime is a thing thet must 

 be proved, and is not to be merely surmised. Every person, by 

 the law of this country is entitled to have the benefit of being 

 deemed innocent until he is pronounced guilty. The traversers 

 have, one and all of them, made the defence that their designs 

 were not criminal, that they had grievances— that they had a 

 right to complain of those grievances— that they had a right to 

 lay them belore the public, though it happened that in sn doiug 

 they attended multitudinous meetings. If you should be 

 of opinion that such were the designs and obvious inten 

 tion of the traversers, and that they had no criminal intention 

 and did not mean to resort to any criminal means for the fur- 

 therance of these objects; if that be your opinion, you would be 

 v UD . d A° ac jl u,t . t l ,e t«versers ; but if, upon the other hand, you i 

 should be of opinion that these were not the real objects of the 

 association or of the persons charged as traversers here but 

 that, whatever their apparent designs might be. if they had in 

 fac: and in truth the criminal intentions which are attributed to 

 them by the Crown, and if you are satisfied that the traversers 

 or some of them, in furtherance of this design, acted in com- 

 mon concert, then, in such case you will be bound conscien 

 tiously to find them guilty of the conspiracy in which you find 

 them participators. A great deal has been addressed to vou 

 which I do not at all intend to recapitulate. You have been 

 pressed by arguments in appeal to your feeling*— I would sav 

 in appeal sometimes to your apprehensions. You have been 

 addressed by gentlemen of the greatest ability, I believe in 

 greater numbers than ever persons accused of crime have vet 

 had an opportunity of being heard in their behalf. Even- tonic 

 that could be suggested by ingenuity and reasoning has been 

 discussed-nothing has been omitted, iiut it has been shown to 



! 



you that there were other grounds besides the evidence which 

 has been laid before you, which you might properly take into 

 your consideration in arriving at your verdict. In 'answer to 

 that I have only to state to you that, by the law, you are to hold 



attention ; 

 indeed, I may say, I never saw a jury who, during a long and 



painful trial, extending over more than three weeks, have paid 

 such unceasing and undeviatiug attention to the case and the 

 evidence before them as you have. In drawing your conclusions 

 and finding your verdict, you will attend to the evidence before 

 you, and let it be conformable to the dictates of your reason and 

 of your consciences ; and I trust that the Lord, who rules over 

 all, will enlighten your direction. I have now no more to say." 



At the conclusion of the charge the Foreman said the 

 jury felt very much fatigued, and wished to know whether 

 it would be necessary for them to go into the considera- 

 tion of the case that night. The Chief Justice said that 

 after the charge had been delivered it was not possible to 

 allow the jury to separate ; they might retire to their 

 chamber, but they should remain in the custody of the 

 sheriffs. The Jury then retired at half-past 5 o'clock. 

 Mr. Henn on the part of the traversers submitted that 

 there was no evidence of any act being done within the 

 county of the city of Dublin, and the traversers were 

 entitled to have his Lordship's direction for an acquittal 

 upon that point. The Chief Justice. — Where are the 

 meetings of the association ? Mr. Henn. — There is no 

 evidence of their being held in the county of the city of 

 Dublin. Mr. Justice Crampton took a note of the objec- 

 tion. After some discussion on the documents to be sub- 

 mitted to the Jury the Judges retired to their chamber, 

 stating that they would wait there till a reasonable hour, 

 when they would send for the Jury, and if they found it 

 improbable that there would be a verdict would direct 

 them to be taken charge of by some bailiffs. At half-past 

 7 o'clock Mr. Justice Crampton returned for the purpose 

 of having the bailiffs sworn, and adjourned the Court till 

 9 o'clock. From the time the Court adjourned until it 

 re-opened, the crowd in the neighbourhood kept increasing, 

 and persons from all parts of Dublin were making their 

 way to the Four Courts anxious to learn the result. Soon 

 after nine Mr. Justice Crampton 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 Lord- 

 ship was on the bench waiting their verdict, the Foreman 

 entered the jury-box and said : My Lord the Jury are 

 not quite ready. The Judge said he would wait and then 

 withdrew. At ten minutes to eleven Mr. Justice Cramp- 

 ton again returned to Court and the Jury were called to 

 their box. The Foreman said : My Lord are we to give 

 our verdict on each count of the indictment ? The Judge: 

 If you please, gentlemen. Foreman : Are we obliged to 

 give our verdict on every count ? The Judge : Yes. 

 Foreman : Whether we agree or not ? The Judge : Yes ; 

 but you must understand me. If you are agreed upon 

 each count or upon all the counts you are only to say not 

 guilty or guilty — if you agree upon some you will state 

 those upon which you are agreed, and the names of the 

 traversers with respect to whom you have agreed. Fore- 

 man : And take no notice of the others ? The Judge : 

 There ought to be a finding on the whole of them. The 

 Jury then withdrew. At 20 minutes past 11 they again 

 came into Court and after the usual formalities handed in 

 a verdict which contained no finding oh the first, second, 

 sixth, eighth, ninth and eleventh counts, but found the 

 traversers generally guilty on the others. Mr. Justice 

 Crampton said : You must take your verdict back, 

 for in the present state it is imperfect in some of the 

 counts — in respect of which you have come to no con- 

 clusion 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. With respect 

 to the first count, of course you will say as to so much of 

 it as you find in other counts guilty, or not guilty. A 

 Juryman — My Lord, we are agreed on the first count; 

 there is no difference of opinion among the Jury, it is 

 merely the wording of the finding that we are at a loss for. 

 The Judge : That is what 1 thought. You must find your 

 verdict on all the other counts with respect to all the 

 defendants, we shall then be able to take them when you 

 come into court, as to the various points found on the 

 first count. The Attorney-General then rose to make 

 some observations, when he was interrupted by Mr* 

 Moore, who suggested that the Jury should retire. The 

 Jury having retired accordingly, the Attorney-General 

 said the Jury were not bound to find. The first count 

 embraced the several branches of the conspiracy, which 

 are split up afterwards in other words, and if they were of 

 opinion that the several traversers or any of them were 

 guilty, of course they would decide on such portion of the 

 first count as they thought they should find. Mr. Moore 

 said he was not desirous of saying anything in the way of 

 argument, but on the part of one of the traversers, he 

 should object to the direction.— During the observa- 

 tions that were passing between the bench and counsel, 

 the crowds in the hall and in the immediate vicinity 

 of the Court were loudly cheering. As soon as the 

 Jury had given their verdict, some person communi- 

 cated to the assemblage in the hall that Daniel O'Connell 

 had been acquitted, and the people there immediately com- 

 menced cheering, and the shouts were taken up and re- 

 echoed by the crowds outside. When the Jury had ' etire 

 about half-an-hour, the Attorney-General sugge?< ed tb * 

 as it was just 12 o'clock, and the verdict could not well De 

 given on Sunday, the Court should adjourn until Monday 

 morning. Mr. Justice Crampton said he was anxious to 

 save trouble by an arrangement between the parties. 

 "What do you say, Mr. Moore?" fc - ****' m ' 



" he asked. 



