FtB. 17j 



THE NEWSPAPER. 



[1S44. 



N^thine my Lord. Mr. Henn, Q.C. on the 

 U ^lteM?™W" so W e consultation with his 

 C'rUfl brethren), said he did not object to a verdict being 

 fed ^ ter 12 o'clock, nor yet did he consent to it. 

 ST Justice Crampton complained that he could get no 

 • LmMtion from either side. The Attorney-General said 

 2f if. nilline to give all in bis power, but the case was a 

 JlTlar one and lest an objection shonld be taken here- 

 to he though it the safer plan for the Court to adjourn. 

 \lr Justice Crampton said that he would not discharge 

 21 Jar? wit seemed to be against the opinion of both 

 XI Crown and the traversers. Mr. Moore.— Mot ours, 

 I Lord • we say nothing. Mr. Justice Crampton.— Is 

 PJZLJ. that this question should be raised ? I should 

 \L \err sorry further to inconvenience the Jury. I should 

 |~ m A better satisfied if the verdict were given to-night. 

 1 hive received a verdict at 2 or 3 o'clock in the morning 

 L capital SMC* The Jury were then called On their 

 innJrine Mr. Justice Crampton said— Gentlemen, have 

 ToTnow arranged your verdict ? The Foreman.— Not yet, 

 m T Lord. Mr. Justice Crampton.— It is very near 12 

 o'clock therefore vou had better be quick [great laughter.] 

 •< ThU noise," observed his Lordship, " is extremely in- 

 decent and I roust exercise the authority of the Court if 

 I find any person committing a breach of order." The 

 Jurv then retired, and some minutes after it was observed 

 to Mr. Henn that it was 12 o'clock. Some conversation 

 then took place, and finally at a quarter-p&st 12 o'clock 

 the Jury were called into Court, arid informed that it was 

 too late to receive the verdict, and the Court adjourned 

 until 9 o'clock on Monday. Mr. Henn handed a written 

 notice to the Court, in which he took an objection to the 

 power of the Court adjourning after 12 o'clock. The 

 crowds which had assembled in the Court and its neigh- 

 bourhood, as soon as they became aware of the true 

 verdict, became greatly excited, but there was no appear- 

 ance of disturbance in the streets. On Sunday the Jury 

 of course remained in custody, and a clergyman of the 

 Established Church performed divine service in the room 

 allotted to them. During the whole day and on the pre- 

 vious night the military were under arms in the Castle- 

 yard, and various arrangements were made to guard against 

 an outbreak, but the event proved that there was no 

 necessity for such precautions. 



Tivcnty-fifih Bay.— -The Verdict. — The Chief Jus- 

 tice. Mr. Ju>tice Burton and Mr. Justice Crampton took 

 their seats on the bench on Monday morning a few minutes 

 after 9 o'clock, at which hour the Court was crowded, but 

 not inconveniently so, as a large force of police was 

 Stationed at the main entrance to keep off the crowd and 

 clear the various passages leading to the Queen's Bench 

 to prevent the admission of persons not duly authorised. 

 The traversers arrived at an early hour. Mr. O'Connell, 

 who was accompanied by his son Daniel, and Mr. Smith 

 O'Brien, took his seat at the table of the Queen's Counsel. 

 Mr. J. O'Connell appeared in his professional robes amongst 

 the junior barristers, while the rest sat at the traversers' 

 bar. Mr. Justice Crampton minutely detailed to the other 



Judges what took place on Saturday evening subsequent 



to their leading the Court, and accounted for the difficulty 



which the Jury had experienced respecting the first and 



second counts by observing that they contained five distinct 



issues upon which there should be five distinct findings, 



and did not therefore admit of a general finding. Having 



briefly described the nature of the issues involved in the 

 several count8 and poin(ed ^ fa ^^ ectg lh ^ 



fercd one from the other, his Lordship suggested that the 

 proper course to adopt would be to put these issues before 

 tl^mTki nct form in which he had now explained 



of hi.'l i x Ty Were then called int0 Court; the suggestion 

 10 oVl °l • T aCted ou 5 the y retired, and returned at 

 MoorP Q r J i Ve ' dict > t0 the reception of which Mr. 

 Jurcr. i Jected ' on the ground that one of the 



thon.M* a J- , ,bcd on the P anel as "John Rigby," 

 JuJS ^ e | hl M 8el I had declared that his name was - John 



A note havi * k made of ihe fact at the time bv the Crc 

 the Clerk offh p taken of the objection, Mr. Bourne, 



the Crown, read the verdict of guilty generally 

 was fan a aversera excepting the Rev. Mr. Tierney, 

 in g are the it i 7 Up ° n two counts onl y- The follow- 

 dict of the J C0U,US ° f the indictraent . wkh ^e ver- 



*f amtt ail 

 who 



T J_ a8 ^affecting each traverser upon each 

 Jou s y conspiii ng to raise and create discontent and 



nt. — For unlawfully and 



count • r: J ouct »«g es 



3*3f S and Second c*« 



tUCQ subject g u the Queen ' s subjects, and to excite 

 lawful ai . d * t0 . hatred and contempt of and to un- 



mnd Coustit, 8 .- ,tlous opposition to the Government 



ilUjn h J and t0 stir U P jealousies, hatred, 



iect». a,d WCen different classes of her Majesty's 



especially to promote amongst her Ma- 



and 



»*bject« t 

 jest,'. 



l^iji subierf ■ V * promote amongst ner ivia- 



•«y againfetl '? Irelund feelings of ill-will and hos- 

 tn »tsd KinadT M,i J est y ,s subjects in other parts of the 



di? eontent aLdJ 11 ' ^ ,)edalIy iri En g land 5 and to excite 

 ■■tyecrs servin ,tafffcctior * amongst divers of her Majesty's 



««nsiBg div & 



in the army 



and to cause and aid in 



meet 

 mes 



iDd »««mhle t J t CtS . un!a * ful, y ar>d seditiously to r 

 aLd *t difr e rp»!l Set i 1D ,argc ,,unib ers at various ti 

 1Tid J ^ition, P S Witbin Ir el»nd, for the unlawful 

 ? id *tioi, to hlV\ V0 *Z ° f cbtainir, g> oy means of the inti- 

 b,tio » »Hd tZ ,,erebv CfcUted, and by means of the exhi- 



J d,ni »i»irat?c«nf fi ei,C f ° f ler M «J«ty'i subjects in the 

 ler fcbu? Ik ]aw &****»> wi, h intent to induce 



> » objects to withdraw the adjudication of 



their differences with and claims upon each other from 

 the cognisance of the Courts of Law, and subject the same 

 to the judgment and determination of other tribunals to 

 be constituted and contrived for that purpose." Guilty 

 — D. O'Connell, R. Barrett, and C. G. Duffy, omitting 

 the words "unlawfully and seditiously" before the words 

 14 to meet and assemble." Not Guilty as to the words 

 omittpd. Guilty— J. O'Connell, T. Steele, T. M. Ray, 

 and J. Gray, omitting the words " unlawfully and sedi- 

 tiously ,; before the words w to meet and assemble," and 

 omitting the words "and to excite discontent and dis- 

 affection amongst divers of her Majesty's subjects serving 

 in the army." Not Guilty as to the words omitted. 

 Guilty — Rev. Thomas Tierney, from the commence- 

 ment, and including the words M especially in England," 

 and Not Guilty of the remainder of the tirst and second 

 counts. 3rd Count. — For unlawfully and seditiously 

 conspiring to raise and create discontent and disaffection 

 amongst the Queen's subjects, and to excite such subjects 

 to hatred and contempt of, and to unlawful and seditious 

 opposition to the Government and Constitution; and to 

 stir up jealousies, hatred, and ill-will between different 

 classes of her Majesty's subjects, and especially to pro- 

 mote amongst her Majesty's subjects in Ireland feelings 

 of ill-will and hostility against her Majesty's subjects in 

 other parts of the United Kingdom, especially in England ; 

 and to excite discontent and disaffection amongst divers 

 of her Majesty's subjects serving in the army ; and to 

 cause and aid in causing divers subjects to meet and 

 assemble together in large numbers at various times 

 and at different places within Ireland, for the unlawful 

 and seditious purpose of obtaining by means of the 

 exhibition and demonstration of great physical force at 

 such meetings changes and alterations in the Govern- 

 ment, laws and constitution as by law established, and 

 to bring into hatred and disrepute the Courts of Law 

 established in Ireland for the administration of justice, 

 and to diminish the confidence of her Majesty's sub- 

 jects in the administration of the law therein, with 

 intent to induce her Majesty's subjects to withdraw the 

 adjudication of their differences with, and claims upon, 

 each other, from the cognizance of the Courts of Law, 

 and subject the same to the judgment and determination of 

 other tribunals to be constituted and contrived for that 

 purpose. Guilty — D. O'Connell, R. Barrett, and C. G. 

 Duffy. Guilty— J. O'Connell, T.Steele. T.M.Ray, 

 and J. Gray, omitting the words " and to excite discon- 

 tent and disaffection amongst divers of her Majesty's sub- 

 jects serving in the army." Not Guilty as to the words 

 omitted. Guilty— The Rev. T. Tierney, from the com- 

 mencement, so far as and including the words "especially 

 in England." Not Guilty of the remainder of this 

 count. 4th Count. — For conspiring to raise and create 

 discontent and disaffection amongst the Queen's subjects, 

 and to excite such subjects to hatred and contempt of, and 

 to unlawful and seditious opposition to, the Government 

 and constitution ; and also to stir up jealousies, hatred, 

 and ill-will between different classes of the subjects, and 

 especially to promote amongst the subjects in Ireland 

 feelings of ill-will and hostility towards the subjects in 

 other parts of the United Kingdom, and especially in 

 England, and to cause and aid in causing divers subjects 

 to meet and assemble in large numbers at various times 

 and different places in Ireland for the unlawful and sedi- 

 tious purpose of obtaining by means of the intimidation 

 to be thereby caused, and by means of the exhibition and 

 demonstration of great physical force at such meetings, 

 changes in the Government and constitution as by law 

 established. Guilty— D. O'Connell, J. O'Connell, T. 

 M. Ray, J. Gray, T. Steele, C. G. Duffy, and R. Barrett. 

 Guilty — Rev. Mr. Tierney, from the commencement, so 

 far as and including the words, M especially in England." 

 b!h Count. — For conspiring to raise and create discontent 

 and disaffection amongst the Queen's subjects, and to 

 excite them to hatred and contempt of, and unlawful and 

 seditious opposition to the Government and constitution. 

 And also to stir up jea'ousies, hatred, and ill-will between 

 dim-rent classes of the Queen's subjects, and especially 

 feelings of ill-will and hostility against her Majesty's sub- 

 jects in England. Guilty— D. O'Connell, J. O'Connell, 

 T. M. Ray, J. Gray, T. Steele, C. G. Duffy, R. Barrett, 

 Rev. T. Tierney. 6th Count.— For conspiring to cause 

 and aid in causing divers subjects to meet and assemble 

 in large numbers at various times and at different places in 

 Ireland, for the unlawful and seditious purpose of obtaining 

 by the exhibition of great physical force at such meetings 

 changes and alterations in the Government, laws, and con- 

 stitution, as by law established. Guilty— D. O'Connell, 

 J. O'Connell, T. Steele, T. M. Ray, C. G. Duffy, J. Gray, 

 R.Barrett. Not Guilty — Rev. Mr. Tierney. The same 

 verdict was retumed on the remaining five counts. 7. For 

 conspiring to cause and aid in causing divers subjects of the 

 Queen to meet in large numbers at various times [and 

 at different places in Ireland, for the unlawful and sedi- 

 tious purpose of obtaining by means of the intimida- 

 tion to be thereby caused, and by means of the exhibi- 

 tion of great physical force at such meetings changes and 

 alterations in the Government, laws, and constitution of 

 this realm as by law established, and especially by the 

 means aforesaid to bring about and accomplish a dissolu- 

 tion of the Legislative Union now subsisting between 

 Great Britain and Ireland. 8. For conspiring to bring 

 into hatred and disrepute the tribunals by law established 

 in Ireland for the administration of justice, and to diminish 

 the confidence of her Majesty's subjects la the adminis- 

 tration of the law therein, with intent to induce the sub- 

 jects to withdraw the adjudication of their difference with 

 and claims upon each other from the cognizance of the 

 tribunals by law established, and to submit the same to the 

 judgment and determination of other tribunals to be coa- 



\ stituted and contrived for that purpose. 9. For conspir 

 ing to bring into hatred and disrepute the tribunals by law 

 established in Ireland for the administration of justice, to 

 diminish the confidence of her Majesty's subjects in Ire- 

 land in the administration of the law therein, and to 

 assume and usurp the prerogative of the Crown in the 

 establishment of courts for the administration of the law. 

 10. For conspiring to bring into hatred and disrepute the 

 tribunals by law established in Ireland for the administra- 

 tion of justice, and to diminish the confidence of her 

 Majesty's subjects in Ireland in the administration of the 

 law therein. 11. For conspiring to cause and procure 

 large numbers of persons to meet together in divers places 

 and at divers times in Ireland, and by means of unlawful, 

 seditious, and inflammatory speeches and addresses to 

 be made and delivered at the said several places on the 

 said several times, and also by means of publishing and 

 causing to be published to and amongst her Majesty's 

 subjects divers unlawful and seditious writings and compo- 

 sitions to intimidate the Lords spiritual and temporal and 

 the Commons of the Parliament of the United Kingdom, 

 and thereby to effect and bring about changes and altera- 

 tions in the" laws and constitution of this realm as now by 

 law established. — For self and fellows, James Hamilton. 

 — The verdict having been recorded, the Chief Justice 

 thanked the Jury for the patient attention they had be- 

 stowed for nearly a month upon this unprecedented case, 

 admitted the loss and injury it must have been to them, 

 regretted that the Court did not possess the power of 

 granting them compensation (which the foreman in 

 delivering the verdict applied for), and dimissed them. 

 Mr. Moore, on the part cf the traversers, demanded a copy 

 of the verdict. The Chief Justice directed that it should 

 be furnished, and the Clerk of the Crown imraed ly 

 adjourned the Court to the first day of next term, when it 

 will be in the power of the Crown to call for judgment. 



Dublin. — At the close of the trials Mr. O'Connell 

 issued an address to the Catholic Bishops of Ireland, 

 invoking their assistance to preserve the peace at the pre- 

 sent juncture ; at,d another address to the people of Ire- 

 land, imploring them to be quiet, and stating that so far 

 from the question of Repeal being injured by this \erdict, 

 they will if they keep the peace for six months, or at the 

 utmost twelve months longer, have the Parliament again 

 in College Green. — The weekly meeting of the Repeal 

 Association took place on Monday, Mr. John O'Neill in 

 the chair. Mr. O'Connell attended the meeting, and 

 said that what he had to say for Ireland was this:— Lord 

 John Russell had given notice of a motion for the next 

 evening on the present state of Ireland ; and although he 

 caredjittle for the Whigs he cared less for the Tories; yet 

 he thought they ought to give as much assistance to him 

 as they could. For his own part he came to the determi- 

 nation not to go over, because he saw very little 

 use in holding out hopes to Ireland. They owed 

 the deepest debt of gratitude to their counsel — to 

 that bright constellation of genius Mr. Whiteside, and 

 Mr. Sheil their own "morning star," to Messrs. 

 Moore, Henn, M'Donagh, Hatchell, and among the junior 

 counsel to Sir Coleman O'Loghlen and Mr. O'Shea. He 

 said that the association was bound to give as much as- 

 sistance as they could to Lord John Russell in the pre- 

 sent debate, particularly as regarded the details connected 

 with the omission of the names omitted off the Jury panel 

 and the dropping of the sheets, which it was said occurred 

 by accident, and as Sir Coleman O'Loghlen and Mr. 

 O'Shea were perfectly conversant with the details of that 

 transaction, he would move that the standing order be 

 suspended in order that they might proceed to London, 

 at the request of the association, to furnish those details 

 when called on. The motion was carried by acclamation. 

 —Mr. Smith O'Brien moved that Mr. O'Connell' s speech 

 to the Jury be printed at the expense of the association, 

 and expressed his hopes that the charge of the Chief Jus- 

 tice would be brought before Parliament in order that it 

 might be decided whether it was or was not constitutional. 

 Mr. Maher, the newly-ekcted M.P. for Tipperary, se- 

 conded the motion. Mr. O'Connell assented to the pro- 

 posal, and said that when he got up that morning he 

 thought he should have spent the evening in prison. He 

 had worked for forty-four years—he had had many tri- 

 umphs— he had trampled Orange ascendancy under foot, 

 but he was never imprisoned; and he was then ready to 

 suffer that punishment, if punishment it could be called, 

 for the liberties of his country. He was not present at 

 the Judge's charge on Saturday, and as he was an interested 

 party he did not like to say anything on the subject ; but 

 of this he was quite certain, that Mr. O'Brien would prove 

 what he had asserted. One of the reasons that be did not 

 go to London was, that he was not quite sure of emanci- 

 pation, for it was then lame on the right side ; it had got 

 a paralytic stroke by the exclusion of Catholics from the 

 Jury-box. If the Jury-box were to be filled with Pro- 

 testants when Catholics were on their trial, he would not 

 give a twopenny ticket for emancipation ; for they might 

 as well call on his friend Tresham Gregg and the Conser- 

 vative Association to try him if that principle were adopted. 

 The motion was then put and carried. Mr. O'Connell 

 read a letter from Dr. Gray, proprietor of the Freeman's 

 Journal, tendering his resignation as a member of the 

 Association, on the ground that the Association was liable 

 to be prosecuted for publications in his paper if he con- 

 tinued a member. Mr. Smith O'Brien would not consent 

 to receive his resignation unless under a protest. The re- 

 signation was then received, subject to Mr. O Bnen s 

 protest. The amount of the rent was announced to be 

 643/. Os. 3«/.— Since the above meeting, all the proprietors 

 of newspapers who had been members of the Repeal As- 

 sociation, including Mr. Barret and Mr. Duffy, have fol- 

 lowed the example of Di^Gr 



