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Third Report from the Select Committee on Fictitious Votes, Ireland

30/07/1838

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Third Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 30/07/1838
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No Pages: 1
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2 8 2 M I N U T E S O F E V I D E N C E T A K E N B E F O R E T H E 7, n F Fosheru so deeply indebted, and Mr. Rourke, one of the professional advisers of the Esq. Liberal interest, interfered, and the barrister, who had now entered the court, ordered both sides to be kept free from the pressure of the crowd. This mani- 8 June 1838. festation of impartiality was satisfactory, and each party retained their places undisturbed during the remainder of the day." 12981. Are we to understand that was the way in which you invariably con- ducted yourself with regard to the court ?— Unquestionably. 12982. And that was the report given of that proceeding in the newspaper to which you allude ?— Yes. 12983. The Dr. Nicliolls referred to in the paragraph is the same person who has given the testimony as to which we are examining you now ?— I take it for granted he is. Dr. Nicholls was an apothecary in Longford, who attended during the first part of the registry, and whom I speak to when I meet; I know his personal appearance. 129X4. There was no other person of that name who took an active part in the registry ?— Not of that name. Upon another occasion, upon entering the court in the morning, they drew my attention to a table on which was cut some words; I think it was, " No Popery," or something of that kind. I imme- diately went down to the hall, called the police, and told them to remove the table. I stood upon the bench, and animadverted in very strong terms upon any party display of that kind occurring in a court of justice, and said I would prevent it to the utmost of my power. 12985. Chairman.] What was the date of that last occurrence?— I think it must have been about the beginning of November; I cannot say positively. i2gS6. Mr. Lefroy. It was the same session ?— It was the adjourned session at Longford; I went to Ballymahon, and returned to Longford. 12987. Chairman.] Did you hear anything of a man having his skull frac- tured in trying to get into the court ?— No ; no complaint was ever made to me. 12988. Did you ever hear of it in any casual report ?— No. 12989. Were you aware of the fact at all, that such a thing did occur?— Certainly not; if I had heard anything of the kind, I kept a note of every case, in order to instruct the Crown solicitor to prosecute. 12990. Suppose a claimant, for instance, had been anxious to support his claim to register, and as he was going into court so to do, he had been resisted improperly, or had any injury done to him, should you have deemed it your duty to take care that the proper officer should be instructed as to that fact ? — Certainly. 12991. For the purpose of that proper officer instituting a prosecution ?— Certainly; I should have directed him to lay informations before a magistrate of the fact, I having no power as revising barrister to take informations. 12992. You would have deemed it your duty to take care that the matter was investigated by the proper authorities ?— Certainly. 12993. But no case occurred, to your knowledge, of a man having his skull fractured ?— No ; the only case of that sort was of a man who- was my crier; his head was fractured, and I told him to get proper evidence, and I would have it prosecuted at the assizes. 12994. Was a prosecution instituted in consequence ?— No; he could not collect his evidence, or would not. 12995. Was he a claimant to register?— No. 12996. He was an officer of the court, acting under your orders, when this accident happened ?— He was assaulted, but not in the court- house. They only brought up one person for me to commit during the whole time. One poor fellow was brought up for me to commit for some alleged outrage in the court, but on examining the man, I found it was an idle charge, and all parties were delighted at his being discharged; I told him to go down and behave himself better. It was a mere outcry, or something of that kind. 12997. Mr. Lefroy.] In the discharge of your duty during that long registry, 1 believe you had an opportunity of judging of the conduct of the magistrates of Longford r— I had no communication with the magistrates; there were very few gentlemen sat in court; at one or two places, one or two gentlemen sat in court with me, but they made no observations; and I had nothing to do with the magistrates. 12998. Chairman!] 1
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