A Report of the Proceedings on an Indictment for a Conspiracy: In the Case of the Queen V. Daniel O'Connell, John O'Connell, Thomas Steele, Charles Gavan Duffy, Rev. Thomas Tierney, Rev. Peter James Tyrrell, Richard Barrett, John Gray, and Thomas Matthew Ray, in Michaelmas Term 1843, and Hilary Term, 1844 |
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Page 40
... taken of the names of the per- sons endorsed on the indictment . Then it is said that the names must be taken to be , and are in contemplation of law , a part of the indictment . The Act of Parliament , by directing that the parties ...
... taken of the names of the per- sons endorsed on the indictment . Then it is said that the names must be taken to be , and are in contemplation of law , a part of the indictment . The Act of Parliament , by directing that the parties ...
Page 43
... taken to the caption of an indictment . It is sufficient to say , that objections may be taken to it , and that the Court may , if it think those objections good , quash the indictment . This was one reason why the Judges , in Greg's ...
... taken to the caption of an indictment . It is sufficient to say , that objections may be taken to it , and that the Court may , if it think those objections good , quash the indictment . This was one reason why the Judges , in Greg's ...
Page 46
... taken up per se , without reference to the preceding practice , or to any other Act of Parlia- ment , and that the Court had simply to decide on the meaning of the word " indictment , " not a moment's doubt could be entertained on the ...
... taken up per se , without reference to the preceding practice , or to any other Act of Parlia- ment , and that the Court had simply to decide on the meaning of the word " indictment , " not a moment's doubt could be entertained on the ...
Page 50
... word " indictment " does not include the caption . In ordinary language it means something less and different . In common parlance it is taken for the body of the indictment ; and it rests on the traversers to show that , in the 50 *
... word " indictment " does not include the caption . In ordinary language it means something less and different . In common parlance it is taken for the body of the indictment ; and it rests on the traversers to show that , in the 50 *
Page 59
... taken by learned Judges and able writers who are considered as authorities , I doubt very mnch the soundness of that disclaimer . I find in 2 Hawkins ' Pleas of the Crown , in chap- ter 25 , on indictments ( it is a work of high ...
... taken by learned Judges and able writers who are considered as authorities , I doubt very mnch the soundness of that disclaimer . I find in 2 Hawkins ' Pleas of the Crown , in chap- ter 25 , on indictments ( it is a work of high ...
Other editions - View all
A Report of the Proceedings on an Indictment for a Conspiracy: In the Case ... No preview available - 2019 |
A Report of the Proceedings on an Indictment for a Conspiracy: In the Case ... John Simpson Armstrong No preview available - 2017 |
A Report of the Proceedings on an Indictment for a Conspiracy: In the Case ... John Simpson Armstrong No preview available - 2017 |
Common terms and phrases
accused Act of Parliament aforesaid amongst Arbitrators attended Attorney Attorney-General Barrett caption Catholic cause and procure charge Charles Gavan Duffy Chartists Clerk common conspiracy conspirators Constitution copy counsel Court crime criminal Crown Daniel O'Connell defendants divers document Dublin Duffy duty England evidence further pursuance Gentlemen give Government Grand Jury Gray guilty heard illegal indictment intention Ireland James Tyrrell John O'Connell Judges Jurors language large number Legislature liberty LORD CHIEF Loughrea Majesty's Matthew Ray means meet and assemble ment Mullaghmast names nation never newspaper O'Connell's oath object observations officer opinion overt acts party peace peaceable persons physical force plea present proceedings prosecution proved purpose Queen question reason recollect reference Repeal Association Repeal Wardens Richard Barrett seditious speech Statute subjects temperance bands thing Thomas Steele tion took traversers trial Union unlawful verdict words
Popular passages
Page 304 - And the people said unto Saul, Shall Jonathan die, who hath wrought this great salvation in Israel ? God forbid: as the LORD liveth, there shall not one hair of his head fall to the ground; for he hath wrought with God this day. So the people rescued Jonathan, that he died not.
Page 468 - If it be proved that the defendants pursued by their acts the same object, often by the same means, one performing one part, and another another part of the same, so as to complete it, with a view to the attainment of that same object, the jury will be justified in the conclusion that they were engaged in a conspiracy to effect that object.
Page 64 - That a claim of any body of men, other than the king, lords, and commons of Ireland to make laws to bind this kingdom, is unconstitutional, illegal, and a grievance.
Page 669 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 354 - Few passages can be cited in the oratory of modern times of a more electrical effect than the singularly felicitous and striking allusion to Mr. Pitt's resisting the torrent of Jacobin principles : — " He stood between the living and the dead, and the plague was stayed.
Page 646 - The legislative cannot transfer the power of making laws to any other hands; for it being but a delegated power from the people, they who have it cannot pass it over to others.
Page 33 - Biel, against the form of the statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 546 - And through ages of bondage and slaughter, Our country shall bleed for thy shame. Already the curse is upon her, And strangers her valleys profane ; They come to divide — to dishonour, And tyrants they long will remain. But onward ! — the green banner rearing, Go, flesh every sword to the hilt ; On our side is Virtue and Erin, On theirs is the Saxon and Guilt.
Page 29 - In contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 353 - You may make it binding as a law, but you cannot make it obligatory on conscience. It will be obeyed as long as England is strong, but resistance to it will be in the abstract a duty, and the exhibition of that resistance will be a mere question of prudence.