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 your 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]