Mr. Smartt then proceeded to arraign the traversers under an indictment charging in the first count—­“That John Martin, John C. Waters, John J. Lalor, Alexander M. Sullivan, and Thomas Bracken, being malicious, seditious, and ill-disposed persons, and intending to disturb the peace and tranquillity of the realm, and to excite discontent and disaffection, and to excite the subjects of our Lady the Queen in Ireland to hatred and dislike of the government, the laws, and the administration of the laws of this realm, on the 8th day of December, in the year of our Lord, 1867, unlawfully did assemble and meet together with divers other persons, amounting to a large number—­to wit, fifteen thousand persons—­for the purpose of exciting discontent and disaffection, and for the purpose of exciting her Majesty’s subjects in Ireland to hatred of her government and the laws of this realm, in contempt of our Lady the Queen, in open violation of the laws of this realm, and against the peace of our Lady the Queen, her crown and dignity.”  The second count charged that the defendants intended “to cause it to be believed that the three men who had been duly tried, found guilty, and sentenced, according to law, for murder, at Manchester, in England, had been illegally and unjustly executed; and to excite hatred, dislike, and disaffection against the administration of justice, and the laws of this realm, for and in respect of the execution of the said three men.”  A third count charged the publication at the unlawful assembly laid in the first and second counts of the false and seditious words contained in Mr. John Martin’s speech.  A fourth and last count was framed under the Party Processions’ Act, and charged that the defendants “did unlawfully meet, assemble, and parade together, and were present at and did join in a procession with divers others, and did bear, wear, and have amongst them in said procession certain emblems and symbols, the display whereof was calculated to and did tend to provoke animosity between different classes of her Majesty’s subjects, against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity.”

   The traversers severally pleaded not guilty.

The Attorney-General, the Solicitor-General, Dr. Ball, Q.C.; Mr. Charles Shaw, Q.C.; Mr. James Murphy, Q.C.; Mr. R.H.  Owen, Q.C.; and Mr. Edward Beytagh, instructed by Mr. Anderson, Crown Solicitor, appeared to prosecute.

   Mr. Martin, Mr. Sullivan, and Mr. Bracken were not professionally
   assisted.

   Mr. Michael T. Crean, instructed by Mr. John T. Scallan, appeared for
   Mr. Lalor.

And now came the critical stage of the case. Would the crown pack the jury? The clerk of the crown began to call the panel, when—­

   John Keegan was called and ordered to stand by on the part of the
   crown.

   Mr. Sullivan—­My lord, have I any right to challenge?