66 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 Mr. G. Gardiner. 7760. Can you point out in your notes an instance where he refused to hear a witness ?— I mean that he refused to receive the evidence ; he did examine 28 March 1838. the witness. 7761. By " receiving the evidence," you mean acting upon the evidence ?— Yes. 7762. He allowed the witness to be examined .-— He did. 7763. He heard him?— He did. 7764. In deciding between him on the one side, and the claimant and the claimant's witnesses on the other, he decided in favour of the claimant ?— He did. 7765. Mr. Lefroy.] In those cases in which you say he refused to receive the evidence, did he refuse to act upon it upon any ground of disbelieving the wit- nesses against the claimant ?— He disbelieved them upon the ground, that he said he considered the claimant himself the better judge ; the poor man better than the rich man brought against him. 7766. Was it from any disbelief of the credit of those witnesses that he did not act upon their evidence ?— I could not form an opinion as to that. 7767. Did he, in any instance, state that he did not disbelieve the witnesses, but that he thought that the claimant was the best judge of the value of his own farm ?— He did. 7768. He expressly declared that?— He did. 7769. Have you any notes from which it appears that he acted upon that principle ?— I have. 7770. Will you read that note ?—" The 2/ th of March 183/, John Rooney produced a lease, dated June 1834, of 20 acres 15 perches, statute, that is, 12 acres 1 rood 25 perches, Irish; rent, 16/. 196'. ( id.; the term was for two lives. He says he is in possession of all the holding, and it is worth beyond 10/. a year; paid 2/. 5 s. 6d. per acre formerly ; got a new lease. Was cross- examined then by counsel: thinks it worth 456-. per acre; admits he was twice rejected on value; pays about 18s. a year cess ; his tithe is 1 /.?. lOJrf., which balanced the cess; one was put against the other. Michael Nolan, then a person in the same townland, was examined; knows the land about 2/ years, and believes a solvent tenant would pay 10/. a year; values it at 455." 7771. Mr. O'Connell.] Would pay 10/. over the rent?— Over the rent. " Mr. Robinson was then examined, and thinks no land in that townland worth 40s. per acre. Court thinks this case not large enough, but thinks that a poor man is abetter judge than a rich man of the value." 7772. Mr. Lefroy.] Did he frequently, in other cases, make the same decla- ration which he made in that case ?— He did. 7773. And acted upon it ?— And acted upon it. 7774. Was the result of that, that respectable witnesses were unwilling to come forward to be examined ?— The result was, that we pressed one gentleman at Longford to come forward; but having seen the barrister refuse evidence at Granard, that gentleman would not come forward. We asked a Mr. Webb to come forward, and he refused, in consequence of seeing other gentlemen not getting the benefit of their testimony, as they thought, in Granard. 7775. Mr. O'Connell In the case you have mentioned, you offered no witness but Robinson ?— Yes. 7776. He was sworn and examined to the effect you have mentioned ?— He was. 7777. Mr. Lefroy.~\ Is Mr. Robinson an extensive land agent, and particu- larly well acquainted with the value of land in that neighbourhood ?— Yes; and this land adjoins his own land, which he has known for about 50 years, as he proved in another case in the same townland. _ 7778- Mr. O'Connell.] Mr. Robinson was one of your standing witnesses to disprove the value ?— No, he was never four times examined; only in particular cases where the land adjoined his own particularly. 7779- Who were your standing witnesses ?— We have had no standing witnesses since the Reform registry; but generally they are gentlemen who live most convenient to the claimants in the neighbouring narts of the , O O'l county. 7780. Mr.