R v O'Donnell
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 1848 |
| Date | 13 December 1848 |
| Court | State Trial Proceedings |
11 & 12 Vict. c. 12. The Treason Felony Act, 1848
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Request your trial THE QUEEN against FRANCIS O”DONNELL AND OTHERS. TRIAL 07 FRANCIS O”DONNELL, JOSEPH CUDDY, MATTHEW SOMERS, ROBERT HOPPER, EDWARD MURPHY, JAMES O”BRIEN, MARTIN BUSHELL, GEORGE SMYTH, AND PETER HERBERT DELAMERE, FOR A SEDITIOUS CONSPIRACY, AT THE LIVERPOOL WINTER ASSIZES, BEFORE ERLE, J., DECEMBER 11, 12, AND 13, 1848. Indictment for seditious conspiracy. Evidence was given that the defendants, who were Irish Confederates residing in Liverpool, conspired to hold seditious meetings, to send arms to Ireland, to organize the Irish in Liverpool into clubs, and to secure the co-operation of the Chartists for the purpose of obtaining the repeal of the Act of Union with Ireland, and carrying the six points of the People”s Charter. Indictment Misdemeanor by conspiracy to levy war. Ruled by Erle, J. A count for conspiracy is not bad because one of the overt acts averred would support a charge of treason.(a) A count charging as a misdemeanor, that the defendants with force and arms conspired to levy war against the Queen, is not bad, as containing a charge of treason under 21, Edw. 3. (a) Cf. Reg. v. Cumming, above, p. 585. In the early part of 1848 Terence M”ilfanus, Lawrence Reynolds, commonly called Dr. Reynolds, and other Irish Confederates residing in Liverpool, began to organize the Irish in Liverpool in clubs for the purpose of assisting the agitation ,n Ireland, and endeavoured to secure the co-operation of the English Chartists. Numerous meetings were held at which inflammatory speeches were delivered urging the people to arm and resist the Goverament. Dr. Reynolds opened a shop in Liverpool for the sale of pikes and guns, and measures were taken to send arms to Ireland to be used in an insurrection there, and, also, to arm the Irish and Chartists in Liverpool. On July 22nd a man was arrested in Liverpool carrying a sack of pikes, which he stated were to be sent to Waterford, and other arrests followed. M Manus left Liverpool on July 25th to take part in Smith O”Brien”s rising, for which he was afterwards convicted of high treason(a). At the Liverpool Summer Assizes the grand jury found a true bill for seditious conspiracy against M`Manus , Reynolds, and fourteen others. Reynolds escaped to America. At the ensuing Winter Assizes O”Donnell, Cuddy, Somers, Hopper, Edward Murphy, James O”Brien, Boshell, Smyth, and Delamere were tried before Erle, J., December 11, 1848. Counsel for the Crown : The AttorngqGeneral (Sir John Jervis),(b) Knowles, Q.C., Wels”)y. Crompton,(c) and Paget. in) See below, App. A. p.1087. (b) Afterwards Chief Justice of C.P. (c) Afterwards a Justice of Q.B. Counsel for the prisoners : Segar for Delamere ; Edward James for Boshell ; Dearsly for Smyth ; G. F. Pollock and Simon for O”Donnell, Cuddy, Somers, Hopper, and Murphy; Atkinson for O”Brien. Paget opened the indictment. INDICTMENT. That heretofore, to wit, on the 1st day of January, A.D. 1848, and on divers other days and times before the taking of this inquisition, Terence Bellew M`Manus, late of the borough of Liverpool in the county of Lancaster, gentleman, Lawrence Reynolds, late of Liverpool aforesaid, gentleman, Patrick Murphy, late of Liverpool aforesaid, gentleman, Francis O”Donnell late of Liverpool aforesaid, gentleman, Peter Herbert Delamere, late of Liverpool aforesaid, gentleman, Joseph Cuddy, late of Liverpool aforesaid, labourer, Matthew Somers, late of Liverpool aforesaid, labourer, Robert Hopper, late of Liverpool aforesaid, labourer, Edward Murphy, late of Liverpool aforesaid, labourer, James Laffin, late of Liverpool aforesaid, labourer, Martin Boshell, late of Liverpool aforesaid, labourer, Thomas O”Brien; late of Liverpool aforesaid, labourer, George Smyth, late of Liverpool aforesaid, labourer, Patrick O”Hanlon, late of Liverpool aforesaid, labourer, James O”Brien, late of Liverpool aforesaid, labourer, and James Campbell, late of Liverpool aforesaid, labourer, together with divers other evil-disposed persons to the jurors aforesaid unknown, with force and arms, did conspire, combine, confederate, and agree together to procure and to send and transmit to that part of the United Kingdom of Great Britain and Ireland called Ireland divers large quantities of arms and offensive weapons to be, and that the same might he, there, to wit, in Ireland aforesaid, used and employed by divers other ev.11- 639] The Queen against Francis O”Donnell and others, 1848. [640 disposed persons in Ireland aforesaid, to the jurors aforesaid unknown, in the breach and disturbance of the peace of our said Lady the Queen in the said part of the United Kingdom of Great Britain and Ireland called Ireland, and in opposing, resisting, impeding, and hindering by force and violence the execution of the laws of the realm in the said part of the United Kingdom of Great Britain and Ireland called Ireland, and for the purpose of insurrection, tumult, violence, and breach of the peace there, and did (1st overt act), to wit, &c., in pursuance of the said unlawful conspiracy, &c., procure and obtain divers large quantities of arms and offensive weapons, to wit, 1,000 pikes, for the purpose and with the intent aforesaid, and did (2nd overt act), then and there, to wit, &c., in further pursuance, &c., attempt and contrive to send and transmit and forward the said arms and weapons so by them procured and obtained as aforesaid, to wit, the said pikes, to Ireland aforesaid, to be there used and employed as aforesaid in contempt of our said Lady, &c. Second Count. That heretofore, to wit, on the said 1st day of January, A.D. l84A, divers evil-disposed persons to the jurors unknown, in that part of the United Kingdrtm of Great Britain and Ireland called Ireland, being. to wit, then and there subjects of our Sovereign Lady the Queen, did conspire and confederate together by force and arms, to wit, with guns, pikes, and other unlawful weapons, unlawfully to disturb the peace of our said Lady the Queen, and to obstruct and prevent the execution of the laws in the said part of the United Kingdom of Great Britain and Ireland called Ireland, and to raise and make tumults, unlawful assemblies, riots, and insurrections there. And the jurors aforesaid, upon their oath aforesaid, do further present that [all the defendants, tc.], well knowing the premises in this count mentioned, and contriving, and wickedly devising, and intending to aid and assist the said evil-disposed persons to the jurors unknown iu Irs.la.td aforesaid in their said unlawful conspiracy and confederacy, heretofore, to wit, on the said 1st day of January, A.D. 1848, and on divers other days and times between that day and the taking of this inquisition at the borough aforesaid in the county aforesaid, unlawfully amongst themselves did conspire, combine, confederate, and agree together to aid and assist the said evil-disposed persons in Ireland aforesaid in carrying on their said unlawful conspiracy and confederacy by procuring divers great quantities of arms and offensive weapons, and sending and transporting the same to them in Ireland aforesaid, to be by them there used and employed in carrying on the said unlawful conspiracy and confederacy ill Ireland aforesaid, and for the purposes thereof; and that [all the defendants, tc. (overt act)] iu pursuance of and according to the said unlawful conspiracy, combination, confederacy, and agreement amongst themselves had, as last aforesaid did heretofore, to wit. on on the said first day of January and on divers other days and times between that day and the day of the taking of this inquisition at the borough aforesaid in the county aforesaid, unlawfully procure and obtain divers great quantities of arms and offensive weapons, to wit. 100 pikes, 100 guns, and WO cutlasses, with the intent then and there to send the same to Ireland aforesaid to the said other evil-disposed persons in Ireland, to the said jurors unknown, to be by them there used and employed in carrying on their said unlawful conspiracy and confederacy in Ireland aforesaid, and for the purposes thereof, in contempt of our said Lady the Queen, &c. The third count stated a conspiracy in Ireland to disturb the peace of and obstruct the execution of the laws in Ireland, and to raise and make tumults, unlawful assemblies, riots, and insurrections, and that the defendants conspired to assist the said conspiracy. Fourth. Count. That heretofore [all the defendants, together, 4--c.] did unlawfully conspire, combine, con - federate, and agree together to raise insurrections, riots, tumults, unlawful assemblies, anti breaches of the peace, and to arm themselves and to cause other liege subjects of our Lady the Queen to procure arms for the purpose of therewith obstructing and preventing by force the execution of the laws of this realm, and the preservation of the pease of our said Lady tie Queen, and [(overt art) that all the defendants, together, ic., in pursuance, to.] did procure and obtain divers arms and offensive weapons, to wit, 100 guns, 100 swords, 100 cutlasses, and 100 pikes, for the purpose and with the intent in this count before in that behalf mentioned, in contempt, &c. Fifth Count. That heretofore [all the defendants, together, 6.c.] did unlawfully and wickedly with force and arms conspire, combine, confederate, and agree together amongst themselves to incite and move divers of the liege subjects of our said Lady the Queen to raise, make, and commit insurrections, riots, tumults, unlawful assemblies, and breaches of the peace, and to arm themselves the said last-mentioned liege subjects, and to procure arms for themselves the said last-mentioned liege subjects for the purpose of thereby obstructing and preventing by force the execution of the laws of the realm, and the preservation of the public peace, in contempt, &c. Sixth Count. That heretofore [all the defendants together, ?”c.] did unlawfully and wickedly conspire, combine...
