-to _set them out_ in the
indictment for a conspiracy. This is called _setting out the overt
acts_, (and was done in the present instance,) not as any part of the
conspiracy, but only as statements of _the evidence_ by which the charge
was to be supported--for the laudable purpose of giving the parties
notice of the particular facts from which the crown intended to deduce
the existence of the alleged conspiracy. They consisted, almost
unavoidably, of a prodigious number of writings, speeches, and
publications; and these it was which earned for the indictment the title
of "the _Monster_ Indictment." It occupies fifty-three pages of the
closely printed folio _appendix_ to the case on the part of the
crown--each page containing on an average seventy-three lines, each line
eighteen words; which would extend to _nine hundred and fifty-three
common law folios_, each containing seventy-two words! The indictment
itself, however, independently of its ponderous appendages, was of very
moderate length. It contained eleven counts--and charged A CONSPIRACY of
a five-fold nature--_i. e._ to do five different acts; and the scheme of
these counts was this:--the first contained all the five branches of the
conspiracy--and the subsequent counts took that first count to pieces;
that is to say, contained the whole or separate portions of it, with
such modifications as might appear likely to obviate doubts as to their
_legal_ sufficiency, or meet possible or probable variations in the
expected _evidence_. The following will be found a correct abstract of
this important document.

The indictment, as already stated, contained eleven counts, in each of
which it was charged that the defendants, Daniel O'Connell, John
O'Connell, Thomas Steele, Thomas Matthew Kay, Charles Gavan Duffy, John
Gray, and Richard Barrett, the Rev. Peter James Tyrrell, and the Rev.
Thomas Tierney, unlawfully, maliciously, and seditiously did COMBINE,
CONSPIRE, CONFEDERATE, and AGREE with each other, and with divers other
persons unknown, for the purposes in those counts respectively stated.

The FIRST count charged the conspiracy as a conspiracy to do five
different acts, (that is to say,)

"_First._ To raise and create discontent and disaffection amongst her
Majesty's subjects, and to excite such subjects to hatred and contempt
of the government and constitution of the realm as by law established,
and to unlawful and seditious opposition to the said government and
c