Under the mortal pressure of this capital sentence remained these three unhappy and misguided men, from the 16th till the 28th of January. On the 25th, an elaborate argument was had at Westminster before the fifteen judges, which lasted till the 28th, on a case framed by Lord Chief-Justice Tindal for their opinion, on the point which had been raised at the trial by Sir Frederick Pollock. The Chief-Justice submitted these two questions for consideration,--"_First_, whether the service of the list of witnesses was a good service, under the statute 7 Anne, c. 21, § 11; _secondly_, whether, at all events, the objection was taken in due time." There was a great array of counsel on both sides; but the argument was conducted by the Attorney-General alone, on behalf of the Crown; and by Sir Frederick Pollock, Sir William Follett, and Mr Kelly on behalf of the prisoners. The utmost possible ingenuity was displayed on both sides; and with such effect, that at the close of the argument the Lord Chief-Justice of the Common Pleas wrote a letter to the Secretary of State for the Home Department, (the Marquis of Normanby,) announcing the following somewhat perplexing result,--that, "first, a majority of the Judges, in the proportion Of NINE to SIX, were of opinion that the delivery of the list of witnesses was NOT a good delivery in point of law: "But, secondly, a majority of the Judges, in the proportion of nine to six, are of opinion that the OBJECTION to the delivery of the list of witnesses was _not taken in due time_. "All the Judges agreed, that if the objection had been made in time, the effect of it would have been a postponement of the trial, in order to give time for a proper delivery of the list." The AYES on this occasion were-- _Justices_ Littledale, Patteson, Williams, Coleridge, Colins, Erskine; Barons Parke, Alderson, Rolfe. The NOES-- Lord Chief-Justice Denman, Lord Chief-Justice Tindal, Lord Chief-Baron Abinger; _Justices_ Bosanquet and Maule, and Baron Gurney. Those last (the NOES) decided also that the objection had not been taken in time; and three of the former class, (the AYES,) viz. Baron Alderson, Baron Rolfe, and Justice Coleridge, concurred in that decision.[14]