422 M I N U T E S OF E V I D E N C E T A K E N B E F O R E T HE Richard Daly, Esq. the sessions in December 1835, and this was in October 1836 ; and when I say his mind was pre- formed, I use that expression with reference to his former 17 July 1838. decisions on the same subject matter. 15422. The period of Carroll's registry was April 1836 ?— Yes. i 5423. Then what I want to know is, why you cited to Mr. Gibson a case reported in the Pilot newspaper, if Mr. Gibson's mind was previously made up to adopt the view you were wishing to support by that case ?— I cited it in order to meet the argument of Mr. Battersby. 15424. But if Mr. Gibson's mind was made up, why was it necessary to meet those arguments ?— I really consider when a position is advanced by counsel on one side, and the barrister in that particular case has pronounced no judgment, it is the duty of the opposing barrister to combat that position. 15425. Mr. O'Connell.] Surely you could not know but that Mr. Battersby's arguments would convince him?— Certainly, induce him to alter his former opinion. 15426. Chairman.] Then am I to understand when you said Mr. Gibson's mind was made up, you merely assume his opinions were in accordance with yours, but he had not at that moment given any intimation of them ?— In that particular case clearly not, but at the former registry, the position laid down or reported to be laid down by Mr. Justice Torrens was undoubtedly acted upon by Mr. Gibson. 15427. Then you thought Mr. Gibson would give more credit to a case reported in a common newspaper of what had dropped from some judge than to the verified report of a decision of the House of Commons ?— With respect to that the case in the county of Meath being a case of very recent occurrence, and a case which perhaps was not reported authoritatively, or if reported, was not published, I felt it my duty to cite the case to him from that written report in which it appeared, although I must say it was a vehicle which would not be generally adopted in the regular course of practice. 15428. Do you believe there are any bad voters in the lists at present?— I do, I believe there are some very fictitious voters; I can give you a few instances of a Conservative description which I consider to be fictitious. 15429. Tell us how many you find first of all ?— I have four. 15430. Do you think there are more than four ?— I think there are a few more. 15431. A dozen?— I think there may be a dozen. 15432. Now, out of the 1,900 odd voters upon the list, according to your judgment, do you consider there are 50 or 60 or 100 bad voters ?— Generally speaking? 15433. Taking them that way ?— There may be 50 or 60. 15434. Entirely on the Conservative side ?— I will not say that. 15435. Are they divided equally?— On all sides. 15436. Mr. O'Connell What do you mean by fictitious votes ; do you mean parties not in possession ?— There is one case, the case of a Mr. Forbes ; he, I conceive, is a fictitious voter, he is what we call a , for he was run upon us at the time of the general registry. 1.5437- What are the defects in his title?— He has a holding in Tullamore, which holding I believe he pays 101, a year rent for, and beyond a doubt he would not get more than 151, or 161, for it, and consequently, I think that man is a fictitious voter. 15438. Who admitted him ?-— Mr. Cosgreave. 1.5439- Was he opposed at that time ?— No, he was not. 15440. And he has been a bad voter since 1832 ?— He has been a bad voter in my humble judgment since 1832. 15441 • At the first registration, did you 01* the Liberal party oppose the Con- servative voters ?— Yes. 15442. Every one of them ?— Almost every one, except that there was occa- sionally a relaxation from fatigue, or so. 15443. How came you to pass this vote?— We were off our guard at the time; it was in a manner by the bye, I believe we were not in court when Mr. Forbes passed. 15444- That is a Conservative vote?— Yes. 15445- Mr.