e legislative union_ now subsisting between Great
Britain and Ireland."
The EIGHTH count contained the fifth charge set forth in the first
count, omitting the overt acts.
The NINTH count contained the fifth charge set forth in the first count,
omitting the intent therein charged, and the overt acts, but _adding_
the following charge--"And to assume and _usurp the prerogatives of the
crown_ in the establishment of courts for the administration of law."
The TENTH count was the same as the eighth, omitting _the intent_ stated
in the fifth charge in the first count.
The ELEVENTH count charged the conspiracy to be, "to _cause and procure
large numbers 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 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 and alterations
in the laws and constitution of this realm, as now by law established."
The indictment was laid before the grand jury on the 3d November 1843,
and, after long deliberation, they returned a true bill late on the 8th
of November. After a harassing series of almost all kinds of preliminary
objections, the defendants, on the 22d November, respectively pleaded
"that they were NOT GUILTY of the premises above laid to his charge, or
any of them, or any part thereof:"--and on the 16th January 1844, the
trial commenced at bar, before the full court of Queen's Bench, viz.
the Right Honourable Edward Pennefather, _Chief-Justice_, and Burton,
Crampton, and Perrin, _Justices_, and lasted till the 12th February.
The Chief-Justice--a most able and distinguished lawyer--then closed his
directions to the jury.
"I have put the questions to you in the language of the indictment. It
lies on the crown to establish--they have undertaken to do so--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 one
of which being brought home, to yo
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