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"dation to be thereby caused, and by means of the exhibition and "demonstration of great physical force at such assemblies and meetings, changes and alterations in the Government, Laws, and' "Constitution of this realm as by law established, in contempt of "our said Lady the Queen, and the Laws of this realm, to the evil "example of all others in the like case offending, and against the "peace of our said Lady the Queen, her crown and dignity.

"Seventh Count.-AND THE JURORS AFORESAID, upon their oath "and affirmation aforesaid, DO FURTHER PRESENT AND SAY, that' "the said Daniel O'Connell, John O'Connell, Thomas Steele, "Thomas Matthew Ray, Charles Gavan Duffy, Thomas Tierney, "Peter James Tyrrell, John Gray, and Richard Barrett, unlaw"fully, maliciously, and seditiously contriving, intending, and devis"ing, by means of intimidation and the demonstration of great physical force, to procure and effect changes to be made in the "Government, Laws, and Constitution of this realm, as by law es"tablished, heretofore, to wit on the 13th of February, 1843, "with force and arms, to wit at the parish of saint Mark, in the "county of the city of Dublin aforesaid, unlawfully, maliciously, and "seditiously did combine, conspire, confederate, and agree with each "other, and with divers other persons whose names are to the Ju"rors aforesaid unknown, to cause and procure, and aid and assist in "causing and procuring, divers subjects of our said Lady the Queen, "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 intimidation to be thereby "caused, and by means of the exhibition and demonstration of the "great physical force at such assemblies and 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 dissolution of the Legislative Union "now subsisting between Great Britain and Ireland, in contempt of "our said Lady the Queen and the laws of this realm, to the evil ex"ample of all others in the like case offending, and against the peace "of our said Lady the Queen, her crown and dignity.

"Eighth Count.-AND THE JURORS AFORESAID, upon their "oath and affirmation aforesaid, DO FURTHER PRESENT AND SAY, that "the said Daniel O'Connell, John O'Connell, Thomas Steele, Tho"mas Matthew Ray, Charles Gavan Duffy, Thomas Tierney, Peter "James Tyrrell, John Gray, and Richard Barrett, unlawfully, ma"liciously, and seditiously contriving, intending, and devising to "bring into disrepute, and to diminish the confidence of Her Ma"jesty's subjects in the tribunals duly and lawfully constituted "in Ireland for the administration of justice, heretofore, to wit "on the 13th of February, 1843, with force and arms, to wit at "the parish of Saint Mark, in the county of the city of Dublin "aforesaid, unlawfully, maliciously, and seditiously did combine, "conspire, confederate, and agree with each other, and with di"vers other persons, whose names are to the Jurors aforesaid unknown, to bring into hatred and disrepute the tribunals by law

"established in Ireland for the administration of justice, and to di"minish the confidence of Her said Majesty's liege subjects in Ireland, "in the administration of the law therein, with the intent to induce "Her Majesty's subjects to withdraw the adjudication of their dif"ferences with and claims upon each other, from the cognizance of "the said tribunals by law established, and to submit the same to the "judgment and determination of other tribunals, to be constituted "and contrived for that purpose, in contempt of our said Lady the "the Queen, and the laws of this realm, to the evil example of all "others in the like case offending, and against the peace of our said "Lady the Queen, her crown and dignity."

"Ninth Count.-AND THE JURORS AFORESAID, upon their oath "and affirmation aforesaid, DO FURTHER PRESENT AND SAY, that the "said Daniel O'Connell, John O'Connell, Thomas Steele, Thomas "Matthew Ray, Charles Gavan Duffy, Thomas Tierney, Peter "James Tyrrell, John Gray, and Richard Barrett, unlawfully, ma"liciously, and seditiously contriving, intending, and devising to "bring into disrepute and diminish the confidence of Her Majes"ty's subjects in the tribunals duly and lawfully constituted for "the_administration of justice, heretofore, to wit on the 13th "of February, 1843, and on divers other days and times, as "well before as after, with force and arms, to wit at the parish "of Saint Mark, in the county of the city of Dublin aforesaid, un"lawfully, maliciously, and seditiously did combine, conspire, con"federate, and agree with each other, and with divers other persons "whose names are to the Jurors aforesaid unknown, 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 liege subjects in Ireland in the administration of "the laws therein, and to assume and usurp the prerogative of the "Crown, in the establishment of Courts for the administration of "law, in contempt of our said Lady the Queen, and the laws of "this realm, to the evil example of all others in the like case of"fending, and against the peace of our said Lady the Queen, her "crown and dignity."

"Tenth Count.-AND THE JURORS AFORESAID, upon their oath "and affirmation aforesaid, DO FURTHER PRESENT AND SAY, that the " said Daniel O'Connell, John O'Connell, Thomas Steele, Thomas "Mathew Ray, Charles Gavan Duffy, Thomas Tierney, Peter James "Tyrrell, John Gray, and Richard Barrett, unlawfully, maliciously, "and seditiously contriving, intending, and devising to bring into dis"repute, and diminish the confidence of Her Majesty's subjects in "the tribunals duly and lawfully constituted for the administration "of justice heretofore, to wit on the 13th of February, 1843, and "on divers other days and times, as well before as after, with force and "arms, to wit at the parish of Saint Mark, in the county of the city "of Dublin aforesaid, unlawfully, maliciously and seditiously did "combine, conspire, confederate, and agree with each other, and "with divers other persons whose names are to the Jurors afore"said unknown, 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 liege subjects in Ireland "in the administration of the laws therein, in contempt of our said “Lady the Queen and the laws of this realm, to the evil example of "all others in the like case offending, and against the peace of our "said Lady the Queen, her crown and dignity.

"Eleventh Count.-AND THE JURORS AFORESAID, upon their "oath and affirmation aforesaid, DO FURTHER PRESENT AND SAY, that "the said Daniel O'Connell, John O'Connell, Thomas Steele, Tho"mas Matthew Ray, Charles Gavan Duffy, Thomas Tierney, Peter "James Tyrrell, John Gray, and Richard Barrett, unlawfully, maliciously, and seditiously contriving, intending and devising, by "means of intimidation and the demonstration of physical force, "and by causing and procuring large numbers of persons to meet and as"semble together, in divers places and at divers times within Ireland, "and by means of seditious and inflammatory speeches and addresses "to be made and delivered to the said persons so to be assembled as "last aforesaid, and also by means of the publishing and causing and "procuring to be published to and amongst the subjects of her said "Majesty, divers unlawful, malicious, and şeditious writings and com"positions, and further contriving and intending by the several means "aforesaid to intimidate the Lords Spiritual and Temporal, and the "Commons of the Parliament of the United Kingdom of Great "Britain and Ireland, and thereby to effect and bring about changes "in the laws and Constitution of this realm as by law established, here"tofore, to wit on the 13th of February, 1843, to wit at the parish of St. "Mark, in the county of the city of Dublin aforesaid, unlawfully, "maliciously, and seditiously did combine, conspire, confederate, and "agree with each other, and with other persons whose names aer "to the Jurors aforesaid unknown, to cause and procure large num"bers of persons to meet and assemble together in divers places and "at divers times within 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 respectively, "and also by means of the publishing, and causing and procuring to "be published, to and amongst the subjects of Her said Majesty, divers "unlawful, malicious, and seditious writings and compositions to in"timidate the Lords Spiritual and Temporal, and the Commons of "the Parliament of the United Kingdom of Great Britain and Ire"land, and thereby to effect and bring about changes and alterations "in the laws and Constitution of this realm as now by law established, "in contempt of our said Lady the Queen, and of the laws of this "realm, to the evil example of all others in the like case offending, "and against the peace of our said Lady the Queen, her crown and "dignity."

BILL OF PARTICULARS.

"In addition to the several matters and things set out in the "first count of the indictment, it is intended to give in evidence, in "support of the prosecution, the speeches made, the resolutions

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"moved or adopted, the acts done, the letters and other documents "read, and the several proceedings which occurred or took place at "each and every of the several meetings in the said first count spe"cified or referred to, and any entries of the said several proceed"ings made by the defendants or any of them, or by the directions "of them, or any of them, and the manner and order in which the "persons composing said several meetings respectively went thereto; "and also the speeches made, the resolutions proposed or adopted, "the acts done, the letters and other documents read, and the seve"ral proceedings which occurred or took place at each of the seve"ral occasions following, that is to say, at meetings of persons styling "themselves the Loyal National Repeal Association, at the Corn "Exchange Rooms, on Burgh-quay, in the City of Dublin, which "took place respectively on ' It then sets out the dates of several meetings which were held in the months of March, April, July, August, September, October, and November, 1843, and of the several meetings at Limerick, Sligo, Charleville, Cashel, Ennis, Athlone, Skibbereen, Galway, Tullamore, Tuam, Maryborough, Roscommon, and the dinners which took place at those places. "And any entries of "the said several proceedings made by the defendants, or any of "them, or by the direction of them or any of them, and the man"ner and order in which the persons composing the said several "meetings respectively went thereto; and also it is further intended "to give in evidence, in support of the said prosecution, the holding "of, and all proceedings and acts of, certain assemblies styled Courts "of Arbitration, held at Blackrock and Rathmines, in the vicinity "of Dublin, and also at Limerick, in the months of August, Sep"tember, and October, 1843, and of the persons professing to act "as Arbitrators in the said Courts; and it is further intended to "give in evidence, in support of the said prosecution, the fact of the printing and publishing, and also the contents, of the several newspapers following."-It then enumerates the dates of several of the Pilot, Freeman's Journal, and Nation newspapers, published during the months of March, April, May, June, July, August, September, October, and November, 1843. "And you are to take notice, that "each and every of the said several matters hereinbefore mentioned or "referred to, will be offered in evidence at the trial of this case, in "" support of each and every of the counts in the indictment. Dated "13th of November, 1843."

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WEDNESDAY, NOVEMBER 8TH.

At three o'clock on this day, the Foreman of the Grand Jury addressed the Court, and handed down the indictment to the Clerk of the Crown, who read the finding of the Grand Jury, which was in the following words-" A true bill for self and fellows,-George Frederick Brooke."

Mr. Richard O'Gorman (one of the Grand Jurors), I beg to ex press my dissent from that bill.

The Attorney-General.-I move that the traversers be now called on their recognizances.

The Clerk of the Crown then called over the following names:Daniel O'Connell, Esq., John O'Connell, Esq., John Gray, Esq., Thomas Steele, Esq., Richard Barrett, Esq., the Rev. Thomas Tierney, the Rev. Peter James Tyrrell, Charles Gavan Duffy, Esq., Thomas Matthew Ray, Esq.

Mr. Thomas Steele.-I take this opportunity of stating, that I intend to defend myself without the aid of counsel, as I did successfully on a former occasion; but I strongly object to be prosecuted by the Attorney-General, who has publicly manifested a prejudice in the case. I do not speak of the other traversers-they will take their own course; but I hope that a sense of propriety, or I should rather say, common decency, will induce him to retire, and leave the trial to be prosecuted by his highly gifted; patient, and temperate colleague, the Solicitor-General."

The Attorney-General. I now move for an order from your Lordships, that the traversers do plead four days from the present time, pursuant to the Statute 60 Geo. III. cap. 4, sec. 1, which enacts, that the person, prosecuted by indictment or information, for a misdemeanor in this Court, and who shall appear in term time, in person, to answer such indictment or information, shall, upon being charged therewith, not be permitted to imparl to a following term, but shall be required to plead or demur thereto within four days from the time of the appearance. I seek a similar order to that made in the case of The King v. O'Connell, on the 26th of January, 1831. In that case the rule was special, in consequence of the defendant having been called, and not being in attendance, and undertaking by his attorney to appear in person on the following day, the rule was entered so as to run from the preceding day. I apprehend, that it is the duty of the officer to charge the traversers, who are now present, with the indictment.

Mr. Hatchell. I am not aware this course should be adopted, but, on the part of Daniel O'Connell, I move, my Lords, that he should be forthwith furnished with a copy of the indictment.

The several counsel for the other traversers, and Mr. Steele on his own behalf, made similar applications.

The Attorney-General.-The copies of the indictment shall be furnished as soon as possible. The section of the Act is precise, that the defendant, when charged with the indictment, must plead thereto within four days from the time of his appearance.

Mr. Moore, Q. C.-The words of the 8th section, by which the traverser is entitled to a copy of the indictment, are equally precise. The two sections must be read together in order to give the party accused the advantage he is entitled to. If the construction put upon the Statute by the Attorney-General be right, the party would be called on to plead to an indictment which he had not seen.

The LORD CHIEF JUSTICE.-The Act is peremptory, the Court

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