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] As soon as these findings had been delivered to the deputy-clerk of the crown, and read by him, a copy of them was given to the traversers, and the court adjourned till the ensuing term. It should here be particularly observed, that it has been from time immemorial the invariable course, in criminal cases, as soon as the verdict has been delivered, however special its form, for the proper officer to write on the indictment, in the presence of the court and jury, the word "_Guilty_," or "_Not Guilty_," as the case may be, of the whole or that portion of the indictment on which the jury may have thought fit to find their verdict; and then the judge usually proceeds at once to pass judgment, unless he is interrupted by the prisoner's counsel rising to move "_in arrest_," or stay of judgment, in consequence of some supposed substantial defect in the indictment. But observe--it was useless to take this step, unless the counsel could show that _the whole indictment_ was insufficient, as disclosing in no part of it an offence in contemplation of law. If he were satisfied that there was one single good count to be found in it, it would have been idle, at this stage of the proceedings, to make the attempt; and it very rarely happens that every one of the varied modes of stating the case which has been adopted is erroneous and insufficient. If, then, the motion was refused, nothing else remained but to pass the sentence, which was duly recorded, and properly carried into effect. No formal or further entry was made upon the record--matters remaining in _statu quo_--unless the party convicted, satisfied that he had good ground for doing so, and was able to afford it, determined to bring a writ of error. _Then_ it became necessary, in order to obey the command contained in the writ of error, to "make up the record"--_i. e._ formally and in technical detail to complete its narrative of the proceedings, in due course of law; for which purpose the verdict would be entered in legal form, generally (if such it had been in fact) or specially, according to its legal effect, if a special verdict had been delivered. To return, now, to the course of proceedings in the present instance.