ur satisfaction, to the traversers or
traverser, in the way imputed, will maintain and establish the charge
which the crown has undertaken to prove."
The jury were long engaged in discussing their verdict, and came once or
twice into court with imperfect findings, expressing themselves as
greatly embarrassed by the complexity and multiplicity of the issues
submitted to them; on which Mr Justice Crampton, who remained to receive
the verdict, delivered to them, in a specific form, the issues on which
they were to find their verdict. They ultimately handed in very
complicated written findings, the substantial result of which may be
thus stated: All the defendants were found guilty on the whole of the
last eight counts of the indictment, viz., the Fourth, Fifth, SIXTH,
SEVENTH, Eighth, Ninth, Tenth, and Eleventh counts.
Three of the defendants--Daniel O'Connell, Barrett, and Duffy--were also
found guilty on the whole of the _Third_ count, and on part of the First
and Second counts--[that is to say, of all the first and second counts,
except as to causing meetings to assemble "_unlawfully, maliciously, and
seditiously_."]
Four other of the defendants--John O'Connell, Steele, Ray, and
Gray--were also found guilty of a part of the First, Second, and Third
counts--viz., of all, except as to causing meetings to assemble
_unlawfully, maliciously, and seditiously_, and exciting discontent and
disaffection in the army.[5]
As soon as these findings had been delivered to the deputy-clerk of the
crown, and read by him, a copy of them was given to the traversers, and
the court adjourned till the ensuing term.
It should here be particularly observed, that it has been from time
immemorial the invariable course, in criminal cases, as soon as the
verdict has been delivered, however special its form, for the proper
officer to write on the indictment, in the presence of the court and
jury, the word "_Guilty_," or "_Not Guilty_," as the case may be, of the
whole or that portion of the indictment on which the jury may have
thought fit to find their verdict; and then the judge usually proceeds
at once to pass judgment, unless he is interrupted by the prisoner's
counsel rising to move "_in arrest_," or stay of judgment, in
consequence of some supposed substantial defect in the indictment. But
observe--it was useless to take this step, unless the counsel could show
that _the whole indictment_ was insufficient, as disclosing in no part
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