renovar en vil boonton se duties to which it is designed for the performance of those

9

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presumed they were, cum alta distrate of which her

Majesty, by 99819
het letters patent, had thought fit to

20160700

appoint.

tration of the confidence of the public, public was to be withdrawn from them, and the administration of the law was to be placed ind in the hands. of persons who, as far as it appeared, never received any education upon the subject of the law of the land. The people, if they chose, if they thought it their advantage, might, of course, if they thought proper, refer their disputes to arbitration. There were many cases, he was persuaded, in which parties could not adopt a better plan than that of referring the matter in dispute to arbitration. Among other advantages it contributed to save expense. But was that the reason why arbitration courts should be established, and composed of individuals not chosen by the parties themselves, but by the association, who thought proper to assume to themselves the power which belonged alone to the Queen's prerogative. If the jury thought that these aspersions on the courts of justice were promulgated by the traversers with view of bringing these courts of justice and the administration of justice into contempt and disrepute, and to withdraw from them that confidence which the people had in them---if the traversers did these nets, and did them with a coinmon design, he told the jury that what they so did was a high misdemeanor, was highly illegal, and that if they conspired to do these things by combination, they were guilty of the conspiracy inputed to them in that respect. There were four other grounds of accusation. The eight traversers, were indicted for having conspired and agreed to raise and create disaffection, hatred, and unlawful opposition to the governulent and coustitution. Secondly, whether they conspired and agreed, or any, and which of them, to stir up jealousies amongst the Queen's subjects, and to promote ill-will to her other subjects, especially the Irish against the English. Thirdly, whether they, or any, and which of theth, conspired and agreed, or any, or which of them, to excite disaffection in the army. Fourthly, whether they conspired and agreed 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 fores! And lastly, whether they, or any, and which of them, conspired and agreed to bring the courts of judicature, established by law, into disrepute, and with the intent to induce the subjects of the Queen to submit their disputes to other tribunals. If they were of opinion that the traversers, or any, and which of them, conspired and agreed to do or cause to be done the said seve ral matters, or any of them, then they were to find such traversers or traverser guilty of the conspiracy as laid. I [continued the Chief Justice] put the questions to you in the language of the indictment. It lies pen the crown to establish, which they have undertaken to" 'do, that the traversers or some of the them are guilty of a conspiracy, such as I have already stated to you---a conspiracy consisting of five branches, any one of 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 and crime is a thing that must be proved, and is not to be merely surinised Every person by the law of this country is entitled to have the benefit of

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criminal---that they
hey had grievances---that they find a right to co
Youth

being, deemed,, innocent until he is, pronounced guilty. The traversers huge, ong and all of them, made the defence that their designs were 580 complain o those grievances---that they had a right to lay them before, the public. though it happened that in so doing they attended multitudinous meetings! If y should be of opinion that such were, the designs you gand obvious intention of the traversers, and, that they had no criminal intention, and did not mean to resort to any criminal means for the furtherance of these objects---if that be your opinion, you would be bound to acquit the traversers, but if, upon the other hand, you 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 fact and in truth the criminal intentions which are attributed to them by the crown, and if you all are satisfied that the iraversers, or some of them, in furtherance of this design acted in cominion concert, then in such case you will be bound conscientiously to find them guilty of the conspiracy of which you find them participators. A great deal has been addressed to you which I do not at all intend to recapitulate. You have been pressed by arguments in appeal to your feelings; I would gay 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 erime have ever yet had an opportunity of being heard. in their behalves. Every topic that could be suggested by ingenuity and reasoning has been discussed-nothing has been omitted, but it has been thrown out to you that there were other grounds besides the evidence which has been laid before you which you might properly take into your co 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 yourselves as perfectly indifferent parties; indifferent to every consideration except the evidence laid before you as jurors; and remember the oath you have taken is to give a true verdict according to the evidence; that is your oath. To enable you to do that, I must say you have paid the most marked 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 undeviating attention to the case and the evidence before them, than you have. In drawing your conclusion, 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

will our consciences, and I do trust that the Lord who rules over all

your direction. I have now no more to say, 2009 The issue paper was then about being handed to the jary, when Mr. Henn asked to see it.

The foreman said the jury felt very much fatigued, and wished to know whether it would be necessary for them to go into the consideration of the case to-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 sheriff.

Mr. Justice Crampton said they should be supplied with every refresh

ment they required..

The jury then retired.

1

bs Mr Heny submitted that there was no evidence of any act being done within the dequnty of the city of Dublin, and Thobeaddrbers were entitled to harna direction for an acquittal upon that points les botimer O The Chief Justico What do you call the meetings at the association ? í Mr. Hem---There is no evidence of their having been held within the county of the city of Dublin said

Justice Crampton rather think there was evidence of some of the papers having been printed in Dublin. "

Mr. Henn--No, but we only require the court to take a note of the objection. Justice Crampton (in the absence of the Chief Justice) accordingly did so..! Precisely at half-past five o'clock the issue was handed up to the jury, when 12

The foreman said---My lord, the jury are very much fatigued, and they wish to know if it is necessary they should go into the case to-night.

Chief Justice I am sorry to tell you that after the charge has been delivered it will not be possible to allow you to separate. You may retire to your chamber, but I am sorry to say we have not the power of giving you the liberty/you have hitherto enjoyed of going to your own homes. You must remain in court in the custody of the sheriff, and you cannot be allowed to have any communication with any other person. The chamber is the only place that I am aware at present you can occupy. I do not mean in what I now say in any way to influence the judgment of those whom I now address, but I may observe, that I have known instances in which a jury were not allowed to separate, but were allowed to remain together in the custody of the sheriff, and to have such accommodation as they might require during the time that elapsed before they gave their verdict. It is not a matter in which the court can give any direction, but if done at all, it can only be doue by consent; and unless it is done by consent, I am not aware that the court is at liberty to give any other answer to your question.qedi rangka

Judge Crampton-The high sheriff has prepared a room in the most comfortable manner the grand jury room---and no doubt every necessary refreshment will be supplied 102

Mr. Henns--My lords, we subunit that there is no evidence in this case of any act having been done to support this charge with the county of the city of Dublin, and that we are, therefore, entitled to your lordships" direction for an acquittal, as the entre is not properly laido- euning qva ↑

Chief Justice--What do you call the meetings of the association and the speeches made there?

Mr. Henn-There is no evidence to show that they were in the county of the city of Dublin..""cdoc_15013

Judge Crampton-Well, as the Chief Justice is very much fatigued, I'll take a note of your objection. Jargon 3ri iseĭbrat & J

Solicitor Generals-Is there no evidence of Brown, the printer, of Nassau-street, having printed their publications P of boga Their lordships then retired; Judge Burton having intimidated that they were only going to the chamber, but not leaving the court. 21

When the jury had retired, and the judges, with the exception of Mr. Justice Perrin,

1

Mr. Moore, on the part of the traversers, said that he was quite satisfied that the entire of the documents should be given to the jary, but he had been instructed that marks and scores trade under particular parts of them, which he did not think should go before the jury Moreover, he understood that the officer of the court had in his hands very many of the documents on one side, while he had very few indeed of the documents on the side of the traversers. The documents for the defence were lodged with the officer when proved, and they never saw them again.. Judge Perrin---It was the duty of the officer to have taken care of all the documents on both sides.

The Attorney-General---We took care of our own documents, and they are every one of them forthcoming. More could not have been expected from us.

The Clerk of the Crown said that of eleven documents which had been given in evidence for the defence he had given back nine to the agents for the traversers, and he never saw thein, again. 712 asker 尊 1 Mr. Ford---I gave you back all the documents, most assuredly.

Mr. Henn---None of the newspapers we gave in evidence are forthcoming

at all Mr. Justice Perrin---Oh, yes, but they will be forthcoming. Mr. Vernon has got some of the newspapers; a messenger has gone for him, and he will be here presently.

Mr. Justice Perrin, (after the confusion caused by the non-production the documents had in some degree subsided,) addressed the foreman of the jury, and said-The cause of the delay is that some papers that ought to be before you, as they were given in evidence, are not forthcoming. They have been sent for, and I suppose will be here in a few minutes. 199

Mr. Brewster I rather think it will be found that all the documents are in court.

After a few minutes being occupied in an attempt to regulate and assort the documents, 197. 13 *

1

Mr. Henn addressed Mr. Justice Perrin, and said object to any papers going to the jury unless we see them first. vikIqfik. } The foreman retired, and, at half-past seven,R Mr. Justice Crainpton came into court unrobed, and, addressing the court, which was still crowded to excess, said Gentlemen, you may retire home to take your dinners, as the court is adjourned till a quarter to ring. ma. buen daⱭ p Five bailiffs were then sworn, in the usual form, to prevent communication with the jury, until that hour. Few of those in court took advantage of the suggestion to go home.

Counsel for the traversers then requested the clerk of the crown to hand up to the jury the documents read on behalf of the defendants. Mr. Bourne, in reply to Mr. Henn, said there were several documents and read that he did not mark. newspapers The Attorney General said that all documents were now in court, and he wished to know if they were to go to the jury?iquotda

Mr. Moore said he had already stated that it was the wish and consent of the traversers, that all the documents should go to the jury, provided

there; was not on the fage of angers, and it C

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those documents any mark that might prove prejudicial to the case of the wonht not be right to consent to it. verbdiiw visibanimi nemstoì súl Indudge Grampton Certainly, Mr. Magreid; is tuos ni gohtauss p!T Mr. Moore proceeded to say he understood that some of the papers, given in evidence on the part of the crown, containing the evidence on which they rely, had some of those passages marked, and the passages on which the traversers relied were not marked. If those papers went to the jury the consequence would be, that the jury's attention would be directed to that which was prejudicial to the traversers, and there would be nothing to direct the jury to that part favourable to the traversers.

Judge Crampton-What you say is quite reasonable, Mr. Moore, and as there is a difficulty about the matter, let the high sheriff inform the jury that they cannot have the documents. Some of the jury have required refreshment, and I have ordered some of a temperate character (loud laughter); I mean to sit here for three or four hours, and if the jury do not agree, I will swear bailiffs to be put on the room. His lordship then retired.

At half-past seven Judge Crampton came into court. His lordship said I do not see the jury are coming out, I think the better course will be for me to adjourn the court until a quarter before nine.

Sir Colman O'Loghlen-Will your lordship swear in bailiffs?
Judge Crampton Oh, yes, and I may as well say nine o'clock,

The Clerk of the Crown then swore three constables to take the custody of the jury.

Quarter to Nine o'clock.

At this period the court was crowded to excess. The Attorney General and the Solicitor General, arrayed in their bar costume, occupied their respective seats.

Sergeant Warren, Mr. Brewster, Q.C., Mr. Holmes, Mr. Smyly, and Mr. Napier appeared seated on the crown side in undress.

Mr. Moore, Q.C., leading counsel for the traversers, with Mr. Sheil QC, Mr. Whiteside, Q.C., Mr. Fitzgibbon, Q.C., Mr. Monaghan, Q.C., and Mr. O'Hea, sat without their robes at the opposite side of the court. With them appeared Messrs. Close, Clemens, O'Hagan, Macarthy Ferrin, and Moriarty, in bar costume.

At this moment the officer of the court proclaimed silence, Judge Crampton entered and took his seat on the bench, but not wearing his judicial robes.

Judge Crampton---Mr. Sheriff, call the jury.

Two policemen, who occupied positions in the jury-box, proceeded to the jury-room, and three minutes having elapsed,

Judge Crampton-Have the jury been called?

High Sheriff---My Lord, they have been sent for, but I will go myself to the jury-room.

Judge Crampion---Just tell them to come to the box.

The High Sheriff' proceeded to the jury-room, and after the lapse of five minutes the foreman made his appearance in the box, and addressing the bench, said---My lord, we are not quite ready yet.