S E L E C T C O M M I T T E E ON F I C T I T I O U S VOTES, IRELAND. 355 JJ*/ " / one sessions that I did not report; the last sessions at which I did report was in v m jt i, w January 1838. Ae" y> 14351. Then do you mean to say that you reported at every sessions from 29 June 1838. April 1836 to January 1838 inclusive ?- I think there was one sessions at which I did not report. 14352. What prevented you from reporting then ?— I was otherwise engaged 14353. Did you report any instances in which Mr. Gibson refused to give the Conservative party the inspection of the leases which were put forward by the claimant ?— Of the cases I reported I have made an analysis of what I supposed to be violations of the election law, or, if they be not violations of the election law, are certainly calculated to facilitate the creation of fictitious voters, and that is one of them. 14354- Will you state, first, the instances in which the Conservative party were refused the inspection of leases produced by the Liberal party who wished to register ?— The first case was that of Hugh Carroll. 14355- Was Hugh Carroll brought up by the Liberal party ?— He was. 14356. Was he objected to by the Conservatives?— He was objected to by Mr. Battersby, on behalf of the Conservatives, which was at the sessions of April 1836. I will read the case as I have it reported upon my notes. 14357. Can you vouch for the accuracy of that report?— Certainly: Hugh Carroll examined by Mr. Daly: Holds eight acres of the land of Garbally a? a rent of 5 135. 10 ; is six months and upwards in possession ; has a beneficial interest of 10 /. a year and more out of it." Mr. Battersby then applied to the court in these words : " May I ask your worship for the lease?" Mr. Gibson's answer was, " I never allow the title deeds of the applicant into the hands of the adverse party." Mr. Battersby: " In pursuance of my instructions, I impeach that lease as a fraudulent instrument fabricated for the purpose of registry; and I now offer to show that it is so on the face of it, if I am permitted. If vou withhold it from me you will admit an unqualified voter to be placed on the lists. The statute authorizes counsel to oppose the claimant; and is it not the common practice in all courts of justice, when a party produces a deed in evidence, to allow the opposite party to inspect it ?" The assistant barrister, who had been examining the lease, here handed it down to Mr. Daly, the counsel for the Liberal party, saying, " Here, Mr. Daly ;" on which Mr. Battersby said, " Upon what principle do you give that to Mr. Daly which you refuse to me ?" Mr. Gibson's answer was, " On the principle of consent by the party ; the applicant allows Mr. Daly to look at his deed. I do not say that he has a right to it any more than you, but I have no control over the document, and the party here permits Mr. Daly to have it." The applicant was then cross- examined by Mr. Battersby. 14358. Chairman.] You have now been reading notes made at the time ?— Yes. 14359. Mr. Litton.'] So that the result was, that Mr. Gibson refused to allow Mr. Battersby to see that lease ?— Certainly. 14360. Although Mr. Battersby, upon his character as a lawyer, stated that he had been instructed to impeach it for fraud, and to show that it had been made for the mere purpose of creating a fictitious voter ?— Yes; this applicant was also objected to, on the ground of want of value. 14361. Have you anything else to say with respect to the application and refusal of the inspection of this instrument ?— My report contains no other allu- sion whatever; but that Mr. Gibson positively refused the inspection of the instrument. 14362. Was he registered out of that instrument, the inspection of which was so refused to the opposite counsel ?— Certainly. 14363. Mr. F. French.] Do you write short- hand ?— I do. 14364. You say that Mr. Battersby was refused by Mr. Gibson to inspect the lease; did Mr. Gibson inspect it himself, and satisfy himself that it was a valid instrument ?— He did inspect the instrument; but I should say that in the hurry necessarily attendant upon going through a number of cases of that description, it is impossible for an assistant barrister accurately to inspect, nor does lie inspect all the clauses of the instrument; he generally states the date of the lease, the stamp duty upon it, the period for which it is made, and the rent as well as the quantity of land mentioned in the lease, and the parties' names. 14365. He reads those things out to the court?— Yes. . z z 2 143^ 0. for