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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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S E L E C T C O M M I T T E E O N F I C T I T I O U S V O T E S , I R E L A N D . 291 L ? / 13115. Then, according to your impression, from what appeared before you Mr. White's tenants were, with the exception of the two you mention entitled Jonn F. Fosbery to be put upon the registry ?— Upon my word, I think Mr. White's' were as Esq- good tenants as any that came before me; I was pleased with their manner, 8 June ,8,7 and their truth ; and my impression is that I did not reject more than two or ' three; they were excellent tenants. 13116. You mentioned there were appeals from your decisions to the assizes? — Yes. 13117. And that only one case occurred within your knowledge in which your decision was reversed ?— Yes; that was all that appeared upon the clerk of the peace's book. 13118. Do you not know the judges had not time to hear all the appeals that were entered at that time ?— I never heard it. 13119. Do you know whether, in point of fact, only that one case was tried then at the assizes?— There must have been two; for the great point was the beneficial interest; that they decided with me; and the other case was a case in which I was wrong. I told the barristers I thought so ; but as the judges were coming, it could not prejudice the parties; I knew I was wrong. 13120. Mr. Lefroy.] Have you any reasonable doubt that the reason why the other cases were not tried was, that the judges having decided the question of beneficial interest in that one case, it applied to the other cases?— I believe so ; but I have reason to know there were other cases decided upon points of law. 13121. Mr. Curry.'] The complaint made against you in the memorial was merely that you erred on points of law ?— All the charges, in my mind, arose from mistakes in point of law, I will show you the answer, which shows they must have been 011 points of law. 13122. Have you kept any copy of the memorial which was transmitted to you ?— No, I did not; I thought it would be kept at the Castle as a public docu- ment, as they told me to return it. 13123. Was there not a great anxiety evinced on both sides to bring up voters, and put them 011 the registry before you ?— Yes, there was a great deal of anxiety. 13124. On both sides?— Yes; they were determined to register as many as they could at the first registry ; it appeared to me so. 13125. As far as your judgment goes, from recollection, do you think there was as much opposition given on the part of the Liberal side as there was on the part of the Conservative side ?— I do ; I think it was as hard a contest as could possibly be on both sides. 13126. Both parties were equally zealous in objecting to claimants that came up to be registered ?— They were. This newspaper will show the pertinacity with which they examined into them as to one case. 13127. You say Mr. Colhoun was sometimes very strong in the language he used ?— He was sometimes very strong; I did not bear it in mind afterwards. " W hen I saw him in Dublin I supposed he would not willingly attribute partiality to a person in my situation ; and when I saw him in court 1 went up and shook hands with him, and there was no more about it. 13128. But, in point of fact, there were two days during which he did not attend before you at Ballymahon ?— Yes, there were two days, certainly. 13129. He afterwards" attended before you at Longford and Granard ?— Yes ; but a solicitor, Mr. Rourke, attended before me at Ballymahon, and Dr. Nicholls was there. Dr. Nicholls asked me, I remember, at Ballymahon, whether he had a right to oppose the claims. I told him he had a right, under the Act of Par- liament, to oppose the claims that came forward, but I could not allow any one but an attorney, or a professional person, to act as a barrister; but if he would put the questions to me I would put them for him the same as if his counsel were there 13130. Do you know whether any of those persons you rejected on the ground of want of value were admitted at the subsequent sessions by Mr. French?— I do not know. , , c . . 13131. You never heard of that?— No, I only heard that some of the vote. s whom I admitted were struck off by the House of Commons. 13132. Chairman.] Was that the Committee of 1833 ?— No; I think it w^ s the last Committee but one; 1837. .,> 17- 1 13133. Counsel and agents were employed on both sides ?- Yes; there were at one time two counsel; I believe that was when two courts were held; 643. p p 2 10Un
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