V 76 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. Patrick Flood. 8318. Are YOU prepared to say that that land was worth to him 10/. a year, over and above the 38 s. an acre ?— Yes, most decidedly. 8 May 1838. 83iq. You know the land?— I do, well. 8320. Mr. Hogg.'] Was it upon the ground of value alone that he was re- jected ?— It was upon the ground of value alone. 8321. You were present?— I was. 8322. Mr. Serjeant Jackson.] Do you mean to say distinctly, that if that Fitzsimons went into the market with his lease, he would get 10/. a year from a solvent tenant, over and above the rent he was liable to ?— He would, upwards of 15/. a year. 8323. Would you give that yourself for it?— I would, and make money by it. 8324. Were you present at the rejection ?— I was. 8325. By whom was he opposed?— I cannot take upon me to say the parties who came to oppose him; he was opposed by the counsel and agent. 8326. Who were the counsel and agent?— Mr. Lendrick. 8327. Do you undertake to say that Mr. Lendrick made no further objection to the man than that he had not sufficient interest ?— I do. 8328. You were present the whole time?— Yes. 8329. And you cannot be mistaken as to that ?— Certainly not; because I wanted the man not to come up, because I was aware that the barrister would reject him, from what he had rejected before; I wanted him to go into the other court; I knew very well that, notwithstanding he had the franchise, he would be rejected. 8330. And you thought that Mr. Dogherty was softer than Mr. Fosberry?— I thought he did not prejudge so much; because he declared against M'Avoy's tenants, that he would not register them at all. 8331. You were by at that ?— I was ; and I remonstrated with him, that it was prejudging the case. 8332. What reason did he assign ?— He said, that the landlord that made the leases was not strong in his mind, because he wras giving his land so cheap to give a 10/. interest; that he would not sacrifice so much if he was strong in his mind. 8333. You were by at the time, and you heard that ?— Yes ; he came before the barrister himself to make out his franchise. 8334. Can you state anybody else who was present upon that occasion ?— It would be hard to tell; the court was crowded; Mr. Courtney was in court, and so was Mr. Griffith, and all the agents for the opposite party, and the agents upon our side. 8335. Mr. Courtney and Mr. Griffith were present ?— They generally were ; Counsellor Lendrick was decidedly present; and I am satisfied the other agents were in court. 8336. Will you state again precisely what it was that Mr. Fosberry said in the presence of Mr. Lendrick, with respect to M'Avoy's tenants ?— He said, that he would not admit them to the franchise, because he was aware that the landlord was not in a state of mind to make an interest; that he sacrificed too much ; and that he was not in a state of mind to make leases ; that he would not sacrifice so much property to make freeholders. 8337. Did he mean to say that Mr. M'Avoy was mad?— He meant to say that he was not capable of acting for himself, and so did Counsellor Cummins, who was employed upon the opposite side. He got up and said it in open court, and was called to order by Counsellor Colquhoun. 8338. Was M'Avoy reputed in the county to be a madman or a fool ?— No. he appeared in delicate health ; he appeared himself before the barrister. . 8.339- Do you think it is the part of a madman, or the part of a fool, to let his land at a substantial rent ?— I think not; M'Avoy gave his tenants very cheap holdings certainly. Mr. Fosberry then immediately admitted that he would not force any of them to appear before him. 8340. Did Mr. Fosberry make this proclamation before he had investigated the case ?— He had investigated a great many before this, and admitted some, and rejected a good many. 8341. For want of value ?— For want of value in some cases. They were small holdings of land very low. 8342. The ground of rejection was want of value ?— No. When Counsellor Cummins stated that M'Avoy was not in a state to make the leases the barrister took