* 0 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 . 303 ^ / 13348. Mr. O'ConnelL] Who are you speaking of now ?- Mr. Fosberry. t. Courtenay, Esq. 13349- Mr- Serjeant Jackson.] Did he, upon the occasion of the registry * how —- any partiality whatever for one party rather than another, or did he appear to you 12 June 1838. to do anything in the way of affording facilities for registering of one party more than another ?— Certainly not. 1335°- Chairman. J Was any communication made to you by any party, that a memorial was to be sent up to the Government to appoint an additional revising barrister upon that occasion?— I heard a rumour of it, and that was all. 13351- ^ was sent UP without your privity ?— It was. 13352- Was there any communication made to you, either from Mr. Fosberry or any other party, or from the Government, that such application had been made ? — No. 13353- Did you concur in the necessity of the application ?— I did not. 13354- Do you believe that Mr. Fosberry could have completed the registry at that time of all the claimants in proper time ?— I think he could. 13355- Without further assistance?— Without further assistance. 13356- Did you ever attend Mr. Dogherty's court?— I went therefor a few mo- ments one evening. 13357- Can You state whether Mr. Dogherty gave facilities in the same manner that Mr. Fosberry did to both sides ?— Our party complained very much of his affording the other side more facility ; but I cannot say of my own knowledge, for I did not attend there. 13358. You cannot give the Committee any definite information upon the course which Mr. Dogherty pursued in his court upon that or other points?— I cannot, not having attended there. 13359. Was there any anxiety on the part of the claimants of the Liberal side to be heard before Mr. Dogherty ?— There was a great rush from the court at the time he came down. 13360. As a general proposition, was there any desire on the part of the other side, to your knowledge and belief, rather to go before Mr. Dogherty to register than before Mr. Fosberry ?— There was. 13361. How were the claimants divided between the two barristers?— It was arranged to send a list of 10 to each court. 13362. How were those lists made out ?— Names were written down, and sent into Mr. Dogherty's court. 13363. In what way were those lists filled in ; were the first 20 names taken and divided between the two courts, or were they selected one and one ?— The first 20 names were taken, and each 13364. Then the next 10 to those which Mr. Dogherty revised would come to Mr. Fosberry?— Yes. 13365. But they were taken according to the claimant's list, and not by the selection of individual names?— Yes. 13366. But whether the claim was put forward by the Liberal party or the other party, it made no difference as to the court he went into ?— Not the least dif- ference. 13367. It was determined by the mere accidental circumstance of the position in which he stood upon the claimant's list ?— Yes. 13368. Mr. Lefroy.] Will you turn to question 10873, in Mr. James Turnan's evidence; it is there stated, as a proof of Mr. Fosberry's partiality, " that when- ever the agents of the Conservative side ran short of men to bring up to register, when they had not their claimants ready, they complained to Mr. Fosberry that the court was over- crowded, when it was not really so, and he gave directions to clear the court out by the police, and they generally cleared the side upon which the Liberals were, and put them out of court, by which means, I consider, the Conservative party gained time to bring in their men." You must have been aware if anything of that sort had taken place; was there any foundation for that charge ?— Certainly not. 13369.' With respect to the appeals that were entered from the decisions at that registry, it has been stated that the reason they were not disposed of was, that the judges had not time. You attended the assizes upon those appeals r— I did. 13370. And were present at those proceedings?— I prepared the briefs. 13371. There were appeals on both sides ?— There were. 13372. Will you state, shortly, how it was that all the appeals were not, 111 point of fact, heard?— There was one case put up, and Chief Baron Joy and Chief 643. q q, 4 Justice"